HomeMy Public PortalAbout01194 O R D I N A N C E NO. 1194
AN ORDINANCE levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 81 (Sappington Acres
Estates) 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. 518, adopted on the 23rd day of
March, 1961 not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 23rd day of February,
1961, at the Lindbergh Junior High School, 4900 South Lindbergh
Road, St. Louis County, Missouri, pursuant to notice thereof
published in the St. Louis Globe-Democrat on the 30th day of
January, 1961, at which public hearing all persons interested were
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given an opportunity to be heard, did establish and prescribe the
boundaries of a subdistrict designated Subdistrict No. 81
(Sappington Acres Estates) of The Metropolitan St. Louis Sewer
District and by Ordinance No. 968 adopted on the 13th day of May,
1963, did amend said Ordinance No. 518 to revise the boundaries of
said Subdistrict; and
(2) By Resolution No. 392, adopted on the 18th day of
May, 1961, did declare the necessity of an improvement consisting
of the construction of sub-trunk sanitary sewers in an area
designated Subdistrict No. 81 (Sappington Acres Estates) 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. 81; and
(3) Did cause to be duly called and held a public
hearing at the Lindbergh High School, 4900 South Lindbergh Road,
St. Louis County, Missouri, at the hour of 8:00 o'clock p.m. on
the 15th day of June, 1961, at which public hearing all person
interested in such improvement were given an opportunity to be
heard; and
(4) By Resolution No. 411, adopted on the 29th day of
June, 1961, did determine that it is in the public interest that
such improvement be made, and did direct that The Metropolitan St.
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Louis Sewer District proceed with the said improvement according
to the provisions of said Resolution No. 392; and pursuant to said
direction, plans and specifications for the improvement were
prepared and the Board of Trustees did approve the same on the
19th day of March, 1962, and proper notice to contractors for bids
was published in the St. Louis Post-Dispatch on the 16th, 23rd,
and 30th days of August, 1962; and
(5) By Ordinance No. 844, adopted on the 27th day of
September, 1962, did confirm a contract with W.A. Blue
Construction Company, as the lowest responsible bidder, pursuant
to bids for construction of such improvement received and opened
on the 7th 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 26th 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 cost thereof amounts to Forty-eight Thousand
Two Hundred Seventy-one and 74/100 Dollars ($48,271.74), 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 Seven Thousand Four Hundred Eighty-
seven and 84/100 Dollars ($7,487.84), which sum is properly
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recoverable from the contractor, and
(2) Contract items in the sum of Thirty-nine Thousand
Seven Hundred Eighty-three and 90/100 Dollars ($39,783.90),
(3) Extra work properly chargeable under the contract
in the sum of One Thousand Dollars ($1,000.00);
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES
OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT:
Section One. Special benefit assessment in the sum of
Forty-eight Thousand Two Hundred Seventy-one and 74/100 Dollars
($48,271.74) are hereby levied on all land whether public or
private, but exclusive of public streets, roads and alleys, in
Subdistrict No. 81 (Sappington Acres Estates) of The Metropolitan
St. Louis Sewer District, as bounded in said Ordinance No. 518, as
amended by said Ordinance No. 968. 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
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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 Seven Thousand Four Hundred Eighty-
seven and 84/100 Dollars ($7,487.84) heretofore advanced from the
funds of The Metropolitan St. Louis Sewer District as a charge
against the said Subdistrict No. 81 (Sappington Acres Estates).
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.
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The foregoing Ordinance was adopted August 6, 1964.