HomeMy Public PortalAbout01155 O R D I N A N C E NO. 1155
AN ORDINANCE levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 144 (Berkeley Garden
Homesites) 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. 558, adopted on the 18th day of
May, 1961 not less than three weeks after a public hearing thereon
held at 8:00 o'clock p.m. on the 18th day of April, 1961 at the
Pattonville High School, 11055 St. Charles Rock Road, St. Ann, St.
Louis County, Missouri, pursuant to notice thereof published in
the St. Louis Post-Dispatch on the 27th day of March, 1961, at
which public hearing all persons interested were given an
2
opportunity to be heard, did establish and prescribe the
boundaries of a subdistrict designated Subdistrict No. 144
(Berkeley Gardens Homesites) of The Metropolitan St. Louis Sewer
District; and
(2) By Resolution No. 451, adopted on the 11th day of
September, 1961, did declare the necessity of an improvement
consisting of the construction of lateral sanitary sewers in an
area designated Subdistrict No. 144 (Berkeley Gardens Homesites)
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. 144; and
(3) Did cause to be duly called and held a public
hearing at the Pattonville High School, 11055 St. Charles Rock
Road, St. Ann, St. Louis County, Missouri, at the hour of 8:00
o'clock p.m. on the 10th day of October, 1961, at which public
hearing all persons interested in such improvement were given an
opportunity to be heard; and
(4) By Resolution No. 459, 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
Metropolitan St. Louis Sewer District proceed with the said
improvement according to the provision of said Resolution No. 451;
3
and pursuant to said direction, plans and specifications for the
improvement were prepared and the Board of Trustees did approve
the same on the 28th day of August, 1963, and proper notice to
contractors for bids was published in the St. Louis Globe-Democrat
on the 18th and 25th days of September and the 2nd day of October,
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 Two Hundred Five
Thousand Seventy and 53/100 Dollars ($205,070.53), which sum is
the total of the following two 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 Twenty-five Thousand Eight Hundred
Forty-seven and 21/100 Dollars ($25,847.21), which sum is properly
recoverable from the contractor, and
(2) Contract items in the sum of One Hundred Seventy-
nine Thousand Two Hundred Twenty-three and 32/100 Dollars
($179,223.32);
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 Five Thousand Seventy and 53/100 Dollars ($205,070.53)
4
are hereby levied on all land whether public or private but
exclusive of public streets, roads and alleys, in Subdistrict No.
144 (Berkeley Gardens Homesites) of The Metropolitan St. Louis
Sewer District, as bounded in said Ordinance No. 558. 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, issues, 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
5
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 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 Twenty-five Thousand Eight Hundred Forty-
seven and 21/100 Dollars ($25,847.21) heretofore advanced from the
funds of The Metropolitan St. Louis Sewer District as a charge
against the said Subdistrict No. 144 (Berkeley Gardens Homesites).
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.
6
The foregoing Ordinance was adopted May 14, 1964.