HomeMy Public PortalAbout01157 O R D I N A N C E NO. 1157
AN ORDINANCE levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 110 (Pattonville) 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. 430, adopted on the 28th day of
July, 1960 not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 6th day of July, 1960 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 14th day of June, 1960, 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. 110
(Pattonville) of The Metropolitan St. Louis Sewer District and by
Ordinance No. 857, adopted on the 8th day of November, 1962, did
amend said Ordinance No. 430 and revise the boundaries of said
Subdistrict;
(2) By Resolution No. 379, adopted on the 9th day of
February, 1961, did declare the necessity of an improvement
consisting of the construction of sub-trunk sanitary sewers in an
area designated Subdistrict No. 110 (Pattonville) 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. 110; and
(3) Did cause to be duly called and held a public
hearing at the Pattonville Junior 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 1st day of March, 1961, at which public
hearing all persons interested in such improvement were given an
opportunity to be heard; and
(4) By Resolution No. 387, adopted on the 9th day of
March, 1961, did determine that it is in the public interest that
such improvement be made, and did direct that The Metropolitan St.
3
Louis Sewer District proceed with the said improvement according
to the provisions of said Resolution No. 379; and pursuant to said
direction, plans and specifications for the improvement were
prepared and the Board of Trustees did approve the same on the 7th
day of March, 1963, and proper notice to contractors for bids was
published in the St. Louis Post-Dispatch on the 12th, 19th, and
26th days of March, 1963; and
(5) By Ordinance No. 949, adopted on the 25th day of
April, 1963, did confirm a contract with G. L. Tarlton Contracting
Company, as the lowest responsible bidder, pursuant to bids for
construction of such improvement received and opened on the 3rd
day of April, 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 10th day of April, 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 Eighty-
three Thousand Three Hundred Nineteen and 31/100 Dollars
($283,319.31), 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 Forty-seven Thousand Seven Hundred
4
Eighty-seven and 43/100 Dollars ($47,787.43), which sum is
properly recoverable from the contractor, and
(2) Contract items in the sum of Two Hundred Twenty-
five Thousand Nine Hundred Ninety-one and 46/100 Dollars
($225,991.46), and
(3) Extra work properly chargeable under the contract
in the sum of Nine Thousand Five Hundred Forty and 42/100 Dollars
($9,540.42);
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 Eighty-three Thousand Three Hundred Nineteen and
31/100 Dollars ($283,319.31) are hereby levied on all land whether
public or private but exclusive of public streets, roads and
alleys, in Subdistrict No. 110 (Pattonville) of The Metropolitan
St. Louis Sewer District, as bounded in said Ordinance No. 430, as
amended by said Ordinance No. 857. 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 of
parcels of ground within said benefited area, whether public or
private, in the proportion that the area each much 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
5
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,
said contractor shall pay to The Metropolitan St. Louis Sewer
District the aforesaid sum of Forty-seven Thousand Seven Hundred
Eighty-seven and 43/100 Dollars ($47,787.43) heretofore advanced
from the funds of The Metropolitan St. Louis Sewer District as a
charge against the said Subdistrict No. 110 (Pattonville).
Section Four. The completion and acceptance of the
said improvement and the immediate need for the issuance and
6
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 14, 1964.