HomeMy Public PortalAbout01089 O R D I N A N C E NO. 1089
AN ORDINANCE levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 108 (Lindbergh-Union
Trunk) 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. 423, adopted on the seventh day of
July, 1960 not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the sixteenth day of June,
1960 at the Mehlville Senior High School, 3200 Lemay Ferry Road,
St. Louis County, Missouri, pursuant to notice thereof published
in the St. Louis Post-Dispatch on the 25th day of May, 1960, at
which public hearing all persons interested were given an
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opportunity to be heard, did establish and prescribe the
boundaries of a subdistrict designated Subdistrict No. 108
(Lindbergh-Union Trunk) of The Metropolitan St. Louis Sewer
District; and
(2) By Resolution No. 554, adopted on the 30th day of
July, 1962, did declare the necessity of an improvement consisting
of the construction of subtrunk sanitary sewers in an area
designated Subdistrict No. 108 (Lindbergh-Union Trunk) 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. 108; and
(3) Did cause to be duly called and held a public
hearing at the Mehlville Senior High School, 3200 Lemay Ferry
Road, St. Louis County, Missouri, at the hour of 8:00 o'clock p.m.
on the 14th day of August, 1962, at which public hearing all
persons interested in such improvement were given an opportunity
to be heard; and
(4) By Resolution No. 563, 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. 554; and pursuant to said
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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 Globe-Democrat on the 29th day
of August and the 5th and 12th days of September, 1962; and
(5) By Ordinance No. 839, adopted on the 27th day of
September, 1962, did confirm a contract with Millstone
Construction, Inc., as the lowest responsible bidder, pursuant to
bids for construction of such improvement received and opened on
the 20th 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 assessable cost thereof amounts to Three
Hundred Eighty-eight Thousand Five Hundred Two and 61/100 Dollars
($388,502.61) which sum is the total of the following three
components, to wit:
(1) An unreimbursed 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 Sixty-five Thousand Six
Hundred Thirty and 06/100 Dollars ($65,630.06), which sum is
properly recoverable from the contractor, and
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(2) Contract items in the sum of Three Hundred
Seventeen Thousand Six Hundred Forty-five and no/100 Dollars
($317,645.00), and
(3) Extra work properly chargeable under the contract
in the sum of Five Thousand Two Hundred Twenty-seven and 55/100
Dollars ($5,227.55);
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
Three Hundred Eighty-eight Thousand Five Hundred Two and 61/100
Dollars ($388,502.61) are hereby levied on all land whether public
or private but exclusive of public streets, roads and alleys, in
Subdistrict No. 108 (Lindbergh-Union Trunk) of The Metropolitan
St. Louis Sewer District, as bounded in said Ordinance No. 423.
Said levy is for the entire assessable 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
performed under said contract, Special Tax Bills evidencing the
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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,
said contractor shall pay to The Metropolitan St. Louis Sewer
District the aforesaid sum of Sixty-five Thousand Six Hundred
Thirty and 06/100 Dollars ($65,630.06) heretofore advanced from
the funds of The Metropolitan St. Louis Sewer District as a charge
against the said Subdistrict No. 108 (Lindbergh-Union Trunk).
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
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be in full force and effect from and after its passage. The foregoing Ordinance was adopted December 2, 1963.