HomeMy Public PortalAbout01239 O R D I N A N C E NO. 1239
AN ORDINANCE levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 217 (Gardenville Trunk)
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. 930, adopted on the 7th day of
March, 1963, not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 7th day of February, 1963
at the Bayless Elementary School, 4530 Weber Road, St. Louis
County, Missouri, pursuant to notice thereof published in the St.
Louis Globe-Democrat on the 16th day of January, 1963, at which
public hearing all persons interested were given an opportunity to
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be heard, did establish and prescribe the boundaries of a
subdistrict designated Subdistrict No. 217
(Gardenville Trunk) of The Metropolitan St. Louis Sewer District;
and by Ordinance No. 1226, adopted October 21, 1964, did amend
Section Two of said Ordinance No. 930 thereby revising the
boundaries of said Subdistrict;
(2) By Resolution No. 626, adopted on the 5th day of
April, 1963, did declare the necessity of an improvement
consisting of the construction of sub-trunk sanitary sewers in an
area designated Subdistrict No. 217 (Gardenville Trunk) 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. 217; and
(3) Did cause to be duly called and held a public
hearing at the Bayless Elementary School, 4530 Weber Road, St.
Louis County, Missouri, at the hour of 8:00 o'clock p.m. on the
30th day of April, 1963, at which public hearing all persons
interested in such improvement were given an opportunity to be
heard; and
(4) By Resolution No. 636, adopted on the 13th day of
May, 1963, 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. 626; and pursuant to said
direction, plans and specifications for the improvement were
prepared and the Board of Trustees did approve the same on the
20th day of February, 1964, and proper notice to contractors for
bids was published in the St. Louis Post-Dispatch on the 2nd, 8th,
and 16th days of April, 1964; and
(5) By Ordinance No. 1154, adopted on the 14th day of
May, 1964, did confirm a contract with J. E. Latta Construction
Co., Inc., as the lowest responsible bidder, pursuant to bids for
construction of such improvement received and opened on the 24th
day of April, 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 6th day of May, 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 Two Hundred Forty-
seven Thousand Seven Hundred Sixty-eight and 28/100 Dollars
($247,768.28), 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 Fifty-five Thousand Six Hundred Thirty-
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one and 90/100 Dollars ($55,631.90), which sum is properly
recoverable from the contractor, and
(2) Contract items in the sum of One Hundred Seventy-
seven Thousand Six Hundred Fifty-five and 19/100 Dollars
($177,655.19), and
(3) Extra work properly chargeable under the contract
in the sum of Fourteen Thousand Four Hundred Eighty-one and 19/100
Dollars ($14,481.19);
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 Forty-seven Thousand Seven Hundred Sixty-eight and
28/100 Dollars ($247,768.28) are hereby levied on all land whether
public or private but exclusive of streets, roads and alleys, in
Subdistrict No. 217 (Gardenville Trunk) of The Metropolitan St.
Louis Sewer District, as bounded in said Ordinance No. 930, as
amended by said Ordinance No. 1226. 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
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
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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 Fifty-five Thousand Six Hundred
Thirty-one and 90/100 Dollars ($55,631.90) heretofore advanced
from the funds of The Metropolitan St. Louis Sewer District as a
charge against the said Subdistrict No. 217 (Gardenville Trunk).
Section Four. The completion and acceptance of the
said improvement and the immediate need for the issuance and
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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 November 12, 1964.