HomeMy Public PortalAbout00964 O R D I N A N C E NO. 964
AN ORDINANCE levying special benefit assessments against all
of the land benefited by the construction of sewers within the
boundaries of Subdistrict No. 149 (Mimosa and Teakwood) of The
Metropolitan St. Louis Sewer District; directing issuance of
Special Tax bills evidencing said levy; setting out the form,
terms, and provisions of said Special Tax Bills; with an emergency
clause.
WHEREAS, The Metropolitan St. Louis Sewer District was
created pursuant to a plan adopted by the voters of the City of
St. Louis and of St. Louis County, Missouri, at a special election
held on Tuesday, the 9th day of February, 1954, all as provided
and authorized by Sections 30(a) and 30(b) of Article VI of the
Constitution of the State of Missouri; and
WHEREAS, thereafter, proceeding under the authority of the
aforesaid Plan, the Board of Trustees of The Metropolitan St.
Louis Sewer District, pursuant to proceedings duly and lawfully
had in accordance with the provisions of said Plan, did proceed as
follows, to wit:
(1) By Ordinance No. 593, adopted on the 10th day of July,
1961 not less than three weeks after a public hearing thereon held
at 8:00 o'clock p.m. on the 15th day of June, 1961 at the
Lindbergh High School, 4900 South Lindbergh Road, St. Louis
County, Missouri, pursuant to notice thereof published in the St.
Louis Globe-Democrat on the 24th day of May, 1961, at which public
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hearing all persons interested were given an opportunity to be
heard, did establish and prescribe the boundaries of a subdistrict
designated Subdistrict No. 149 (Mimosa and Teakwood) of The Metro-
politan St. Louis Sewer District and did amend the boundaries
thereof by Ordinance No. 848 adopted on the 27th day of September,
1962; and
(2) By Resolution No. 446, adopted on the 31st day of August,
1961, did declare the necessity of an improvement consisting of
the construction of lateral sanitary sewers in an area designated
Subdistrict No. 149 (Mimosa and Teakwood) of The Metropolitan St.
Louis Sewer District, and did provide that the entire cost of such
improvement shall be paid for by special tax bills or other
evidence of special benefit assessments levied on all land
benefited by such construction, whether public or private,
exclusive of public streets, roads and alleys within such
Subdistrict No. 149; and
(3) Did cause to be duly called and held a public hearing at
the Lindbergh High School, 4900 Lindbergh Road, St. Louis County,
Missouri, at the hour of 8:00 P.M. on the 28th day of September,
1961, at which public hearing all persons interested in such im-
provement were given an opportunity to be heard; and
(4) By Resolution No. 456, adopted on the 19th day of
October, 1961, did determine that it is in the public interest
that such improvement be made, and did direct that The Metro-
politan St. Louis Sewer District proceed with the said improvement
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according to the provisions of said Resolution No. 446; and pur-
suant to said direction, plans and specifications for the improve-
ment were prepared and the Board of Trustees did approve the same
on the 24th day of August, 1962, and proper notice to contractors
for bids was published in the St. Louis Post Dispatch on the 30th
day of August and the 6th and 13th days of September, 1962; and
(5) By Ordinance No. 843, adopted on the 27th day of
September, 1962, did confirm a contract with Latta Bridge Company,
Inc., as the lowest responsible bidder, pursuant to bids for con-
struction of such improvement received and opened on the 21st day
of September, 1962, which contract was formally executed by the
Contractor and the Executive Director and the Secretary-Treasurer
on behalf of The Metropolitan St. Louis Sewer District, on the
26th day of September, 1962; and
WHEREAS, the construction of said improvement is hereby
accepted upon the Executive Director's determination that said
improvement has been completed satisfactorily by the contractor
and that the entire cost thereof amounts to One Hundred Forty-
three Thousand Seven Hundred Thirty-eight and 11/100 Dollars
($143,738.11), which sum is the total of the following three
components, to wit:
(1) An advancement from the funds of The Metropolitan St.
Louis Sewer District to cover the expense of engineering,
inspection, preparation of plans and contracts, and other costs of
supervision, in the sum of Seventeen Thousand Six Hundred Twenty-
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five and 94/100 Dollars ($17,625.94), which sum is properly
recoverable from the contractor, and
(2) Contract items in the sum of One Hundred Twenty-five
Thousand Four Hundred Twelve and 17/100 Dollars ($125,412.17), and
(3) Extra work properly chargeable under the contract in the
sum of Seven Hundred Dollars ($700.00);
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE METROPOLITAN ST. LOUIS SEWER DISTRICT:
Section One. Special benefit assessments in the sum of One
Hundred Forty-three Thousand Seven Hundred Thirty-eight and 11/100
Dollars ($143,738.11) are hereby levied on all land whether public
or private but exclusive of public streets, roads and alleys, in
Subdistrict No. 149 (Mimosa and Teakwood) of The Metropolitan St.
Louis Sewer District as bounded in said Ordinance No. 593, as
amended by Ordinance No. 848. Said levy is for the entire cost of
construction of said improvement to serve said benefited area and
said sum shall be levied ratably by area upon the lots or parcels
of ground within said benefited area, whether public or private,
in the proportion that the area each such lot or parcel of ground
bears to the said entire benefited area, exclusive of public
streets, roads and alleys.
Section Two. There are hereby authorized and ordered to be
prepared, issued, registered, recorded and delivered to the
aforesaid contractor, as soon as practicable after the Executive
Director shall have determined that said contractor has fully
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performed under said contract, Special Tax Bills evidencing the
levy of the special benefit assessments provided in Section One
hereof. Said bills shall be prepared on the standard Special Tax
Bill form of The Metropolitan St. Louis Sewer District as provided
by Ordinance No. 97 adopted September 4, 1956, and amended by
Ordinance No. 849 effective November 14, 1962, and said bills
shall mature at the times and shall bear the rate of interest
prescribed by said Ordinance No. 97.
Section Three. The Executive Director, the Director of
Finance and the Secretary-Treasurer are hereby authorized and
directed to cause the Special Tax Bills herein described to be
prepared and to execute and attest the same in accordance with
said Ordinance No. 97 as amended; to cause the same to be
registered in the offices of the Director of Finance and of the
Secretary-Treasurer; to cause the same to be recorded in the
office of the Recorder of Deeds of St. Louis County, Missouri: and
thereupon to deliver the said Special Tax Bills to the said
contractor, PROVIDED, however, that concurrently with delivery and
prior to completion thereof, said contractor shall pay to The
Metropolitan St. Louis Sewer District the aforesaid sum of
Seventeen Thousand Six Hundred Twenty-five and 94/100 Dollars
($17,625.94) heretofore advanced from the funds of The
Metropolitan St. Louis Sewer District as a charge against the said
Subdistrict No. 149 (Mimosa and Teakwood).
Section Four. The completion and acceptance of the said
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improvement and the immediate need for the issuance and delivery
of said Special Tax Bills in payment thereof create an emergency
within the meaning of the Plan and this Ordinance shall be in full
force and effect from and after its passage.
The foregoing Ordinance was adopted May 1, 1963.