HomeMy Public PortalAbout01178 O R D I N A N C E NO. 1178
AN ORDINANCE levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 172 (Manhattan Heights)
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. 692, adopted on the 25th day of
January, 1962 not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 1st day of November, 1961
at the Des Peres School, 12006 Manchester Road, St. Louis County,
Missouri, pursuant to notice thereof published in the St. Louis
Post-Dispatch on the 9th day of October, 1961, at which public
hearing all persons interested were given an opportunity to be
2
heard, did establish and prescribe the boundaries of a subdistrict
designated Subdistrict No. 172 (Manhattan Heights) of The
Metropolitan St. Louis Sewer District and did revise the
boundaries thereof by Ordinance No. 1135, adopted on the 2nd day
of April, 1964, amending Section Two of said Ordinance No. 692;
and
(2) By Resolution No. 584, adopted on the 8th 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. 172 (Manhattan Heights) 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. 172; and
(3) Did cause to be duly called and held a public
hearing at the Des Peres School, 12006 Manchester Road, St. Louis
County, Missouri, at the hour of 8:00 o'clock p.m. on the 4th 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. 600, adopted on the 20th 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
3
improvement according to the provisions of said Resolution No.
584; and pursuant to said direction, plans and specifications for
the improvement were prepared and the Board of Trustees did
approve the same on the 16th day of January, 1964, and proper
notice to contractors for bids was published in the St. Louis
Globe-Democrat on the 23rd, and 30th days of January and the 6th
day of February, 1964; and
(5) By Ordinance No. 1116, adopted on the 20th day of
February, 1964, did confirm a contract with Gampco Incorporated
Contractors & Engineers, as the lowest responsible bidder,
pursuant to bids for construction of such improvement received and
opened on the 14th day of February, 1964, 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 19th day of February, 1964; 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 Fifty-three Thousand
Three Hundred Seventy and 07/100 dollars ($53,370.07), 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 Eight Thousand Five Hundred Thirty-five
4
and 31/100 Dollars ($8,535.31), which sum is properly recoverable
from the contractor, and
(2) Contract items in the sum of Forty-four Thousand
Eight Hundred Thirty-four and 76/100 Dollars ($44,834.76);
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
Fifty-three Thousand Three Hundred Seventy and 07/100 Dollars
($53,370.07) are hereby levied on all land whether public or
private but exclusive of streets, roads and alleys, in Subdistrict
No. 172 (Manhattan Heights) of The Metropolitan St. Louis Sewer
District, as bounded in said Ordinance No. 692, as amended by said
Ordinance No. 1135. 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, 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
5
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 Eight Thousand Five Hundred Thirty-
five and 31/100 Dollars ($8,535.31) heretofore advanced from the
funds of The Metropolitan St. Louis Sewer District as a charge
against the said Subdistrict No. 172 (Manhattan Heights).
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
6
force and effect from and after its passage. The foregoing Ordinance was adopted June 24, 1964.