HomeMy Public PortalAbout01326 O R D I N A N C E NO. 1326
AN ORDINANCE levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 208 (Gardner and Castle)
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 805, adopted on the 24th day of
August, 1962 not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 19th day of July, 1962 at
the Thomas Elementary School, 10335 Viscount Drive, St. Louis
County, Missouri, pursuant to notice thereof published in the St.
Louis Post-Dispatch on the 2lst day of June, 1962, 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. 208 (Gardner and Castle) of The
Metropolitan St. Louis Sewer District and by Ordinance No. 1256,
adopted on the 18th day of December 1964, did amend said Ordinance
No. 805 and prescribe the boundaries of said Subdistrict, and
(2) By Resolution No. 676, adopted on the 14th day of
November, 1963, did declare the necessity of an improvement
consisting of the construction of lateral sanitary sewers in an
area designated Subdistrict No. 208 (Gardner and Castle) 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 or,
all land benefited by such construction, whether public or
private, exclusive of streets, roads and alleys within such
Subdistrict No. 2.08; and
(3) Did cause to be duly called and held a public
hearing at the Thomas Elementary School, 10335 Viscount Drive, St.
Louis County, Missouri, at the hour of 8:00 o'clock p.m. on the
4th day of December, 1963, at which public hearing all persons
interested in such improvement were given an opportunity to be
heard; and
(4) By Resolution No. 685, adopted on the 19th day of
December, 1963, 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 said
3
improvement according to the provisions of said Resolution No.
676; and pursuant to said direction, plans and specifications for
the improvement were prepared and the Board of Trustees did
approve the same on the 6th day of August, 1964, and proper notice
to contractors for bids was published in the St Louis Globe-
Democrat on the 26th day of August and the 2nd and 9th days of
September, 1964; and
(5) By Ordinance No. 1220, adopted on the 12th day of
October, 1964, did confirm a contract with Fred M. Luth & Sons,
Inc., as the lowest responsible bidder, pursuant to bids for
construction of such improvement received and opened on the lath
day of September, 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 28th day of September, 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 Eighty-one Thousand
Eight Hundred Six and 27/100 Dollars ($81,806.27), 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 Nineteen Thousand Seven Hundred Twenty-
4
four and 74/100 Dollars ($19,724.74) which sum is properly
recoverable from the contractor, and
(2) Contract items in the sum of Sixty-one Thousand
Eight Hundred Eighty-one and 53/100 Dollars ($61,881.53), and
(3) Extra work properly chargeable under the contract
in the sum of Two Hundred Dollars ($200.00);
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
Eighty-one Thousand Eight Hundred Six and 27/100 Dollars
($81,806.27) are hereby levied on all land whether public or
private but exclusive of streets, roads and alleys, in Subdistrict
No. 208 (Gardner and Castle) of The Metropolitan St. Louis Sewer
District, as bounded in said Ordinance No. 805, as amended by said
Ordinance No. 1256. 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
Director shall have determined that said contractor has fully
5
performed under said contract, Special Tab 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 Nineteen Thousand Seven Hundred
Twenty-four and 74/100 Dollars ($19,724.74) heretofore advanced
from the funds of The Metropolitan St. Louis Sewer District as a
charge against the said Subdistrict No. 208 (Gardner and Castle).
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 April 22, 1965.