HomeMy Public PortalAbout01051
O R D I N A N C E NO. 1051
AN ORDINANCE levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 86 (Scottdale) 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. 784, adopted on the 20th day of
July, 1962 not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 25th day of June, 1962,
at the Woodland School, 8420 Sunbury, City of Jennings, St. Louis
County, Missouri, pursuant to notice thereof published in the St.
Louis Post-Dispatch on the 1st day of June, 1962, at which public
2
hearing all persons interested were given an opportunity to be
heard, did establish and prescribe the boundaries of a subdistrict
designated Subdistrict No. 86 (Scottdale) of The Metropolitan St.
Louis Sewer District, and Section Three of said Ordinance No. 784
was amended by enactment of Ordinance No. 851 on the 15th day of
October, 1962, whereby the boundaries of said Subdistrict No. 86
(Scottdale) were revised; and said Ordinance No. 784 as further
amended by enactment of Ordinance No. 1050 on the 4th day of
October, 1963, whereby certain strips of ground therein described
were declared not benefited and not subject to special benefit
assessments, and
(2) By Resolution No. 547, adopted on the 20th day of
July, 1962, did declare the necessity of an improvement consisting
of the construction of lateral sanitary sewers in an area
designated Subdistrict No. 86 (Scottdale) 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. 86; and
(3) Did cause to be duly called and held a public
hearing at the Woodland School, 8420 Sunbury, City of Jennings,
St. Louis County, Missouri, at the hour of 8:00 o'clock p.m. on
the 2nd day of August, 1962, at which public hearing all persons
3
interested in such improvement were given an opportunity to be
heard; and
(4) By Resolution No. 566, adopted on the 24th day of
August, 1962, did determine that it is in the public interest that
such improvement be made, and did direct that The Metropolitan St.
Louis Sewer District proceed with the said improvement according
to the provisions of said Resolution No. 547; and pursuant to
said direction, plans and specifications for the improvement 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 28th day
of August and the 4th and 11th days of September, 1962; and
(5) By Ordinance No. 838, adopted on the 27th day of
September, 1962, did confirm a contract with Fred M. Luth & Sons,
Inc., as the lowest responsible bidder, pursuant to bids for
construction of such improvement received and opened on the 19th
day of September, 1962, which contract was formally executed by
the Contractor and by the Executive Director and the Secretary-
Treasurer on behalf of The Metropolitan St. Louis Sewer District,
on the 25th 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 Two Hundred Fifty-two
Thousand Five Hundred Ninety-two and 33/100 Dollars ($252,592.33),
which sum is the total of the following three components, to wit:
4
(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 Twenty-four Thousand One Hundred
Ninety-six and 55/100 Dollars ($24,196.55), which sum is properly
recoverable from the contractor, and
(2) Contract items in the sum of Two Hundred Sixteen
Thousand Three Hundred Forty-nine and 51/100 Dollars
($216,349.51), and
(3) Extra work properly chargeable under the contract
in the sum of Twelve Thousand Forty-six and 27/100 Dollars
($12,046.27);
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
Two Hundred Fifty-two Thousand Five Hundred Ninety-two and 33/100
Dollars ($252,592.33), are hereby levied on all land whether
public or private but exclusive of public streets, roads and
alleys, and of those strips of land therein as set forth in
Section Two of Ordinance No. 1050, adopted October 4, 1963, in
Subdistrict No. 86 (Scottdale) of The Metropolitan St. Louis Sewer
District, as bounded in said Ordinance No. 851, as amended by such
Ordinance No. 1050. 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,
5
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, and of aforesaid excluded strips of
land.
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
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 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,
6
said contractor shall pay to The Metropolitan St. Louis Sewer
District the aforesaid sum of Twenty-four Thousand One Hundred
Ninety-six and 55/100 Dollars ($24,196.55) heretofore advanced
from the funds of The Metropolitan St. Louis Sewer District as a
charge against the said Subdistrict No. 86 (Scottdale).
Section Four. The completion and acceptance of the
said 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 October 4, 1963.