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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.