HomeMy Public PortalAbout01088 O R D I N A N C E NO. 1088
AN ORDINANCE levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 178 (Brent Avenue) 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. 670, adopted on the seventh day of
December, 1961 not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the sixth day of November,
1961 at the Maplewood City Hall, 7483 Manchester Road, Maplewood,
St. Louis County, Missouri, pursuant to notice thereof published
in the St. Louis Globe-Democrat on the eleventh day of October,
1961, at which public hearing all persons interested were given an
opportunity to be heard, did establish and prescribe the
boundaries of a subdistrict designated Subdistrict No. 178 (Brent
Avenue) of The Metropolitan St. Louis Sewer District; and
(2) By Resolution No. 586, adopted on the eighth day of
November, 1962, did declare the necessity of an improvement
consisting of the construction of lateral sanitary sewers in an
area designated Subdistrict No. 178 (Brent Avenue) 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 streets, roads and alleys within such
Subdistrict No. 178; and
(3) Did cause to be duly called and held a public
hearing at the Maplewood City Hall, 7438 Manchester Road,
Maplewood, St. Louis County, Missouri, at the hour of 8:00 o'clock
p.m. on the sixth day of December, 1962, at which public hearing
all persons interested in such improvement were given an
opportunity to be heard; and
(4) By Resolution No. 601, adopted on the twentieth day
of December, 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.
586; and pursuant to said direction, plans and specifications for
the improvement were prepared and the Board of Trustees did
approve the same on the seventh day of February, 1963, and proper
notice to contractors for bids was published in the St. Louis
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Post-Dispatch on the 21st, and 28th days of May and the 4th day of
June, 1963; and
(5) By Ordinance No. 986, adopted on the twentieth day
of June, 1963, did confirm a contract with Karsten Equipment
Company, as the lowest responsible bidder, pursuant to bids for
construction of such improvement received and opened on the
twelfth day of June, 1963, 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 seventeenth day of June, 1963; 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 Twenty Thousand Seven
Hundred Fifty-four and 62/100 Dollars ($20,754.62), 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 One Thousand Nine Hundred Ninety-seven
and 12/100 Dollars ($1,997.12), which sum is properly recoverable
from the contractor, and
(2) Contract items in the sum of Sixteen Thousand One
Hundred Seventeen and 50/100 Dollars ($16,117.50), and
(3) Extra work properly chargeable under the contract
in the sum of Two Thousand Six Hundred Forty and no/100 Dollars
($2,640.00);
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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
Twenty Thousand Seven Hundred Fifty-four and 62/100 Dollars
($20,754.62) are hereby levied on all land whether public or
private but exclusive of streets, roads and alleys, in Subdistrict
No. 178 (Brent Avenue) of The Metropolitan St. Louis Sewer
District, as bounded in said Ordinance No. 670. 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 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
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.
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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,
said contractor shall pay to The Metropolitan St. Louis Sewer
District the aforesaid sum of One Thousand Nine Hundred Ninety-
seven and 12/100 Dollars ($1,997.12) heretofore advanced from the
funds of The Metropolitan St. Louis Sewer District as a charge
against the said Subdistrict No. 178 (Brent Avenue).
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 December 2, 1963.
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