HomeMy Public PortalAbout01334 O R D I N A N C E NO. 1334
AN ORDINANCE levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 167 (Ballas Road Lateral)
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 law fully
had in accordance with the provisions of said Plan, did proceed as
follows, to wit.
(1) By Ordinance No. 662, adopted on the 7th day of
December, 1961 not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 25th day of October, 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 2nd day of October, 1961, at which public
hearing all persons interested were given an opportunity to be
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heard, did establish and prescribe the boundaries of a subdistrict
designated Subdistrict No. 167 (Ballas Road Lateral) of The
Metropolitan St. Louis Sewer District and by Ordinance No. 1278,
adopted on the 25th day of February, 1965, did amend said
Ordinance No. 662 and revise the boundaries of said Subdistrict;
and
(2) By Resolution No. 480, adopted on the 25th day of
January, 1962, did declare the necessity of an improvement
consisting of the construction of lateral sanitary sewers in an
area designated Subdistrict No. 167 (Ballas Road Lateral) 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. 167; 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 20th day
of February, 1962, at which public hearing all persons interested
in such improvement were given an opportunity to be heard; and
(4) By Resolution No. 497, adopted on the 5th day of
March, 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 improvement according
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to the provisions of said Resolution No. 480; and pursuant to said
direction, plans and specifications for the improvement were
prepared and the Board of Trustees did approve the same on the
23rd day of April, 1964, and proper notice to contractors for bids
was published in the St. Louis Post Dispatch on the 25th day of
May and the 1st and 8th days of June, 1964; and
(5) By Ordinance No. 1176, adopted on the 24th day of
June, 1964, did confirm a contract with Karsten Equipment Company,
as the lowest responsible bidder, pursuant to bids for
construction of such improvement received and opened on the 16th
day of June, 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 22nd day of June, 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 Three Hundred Thirty-
three Thousand One Hundred Thirty-seven and 92/100 Dollars
($333,137.92), 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 One Hundred Fifty-one Thousand Two
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Hundred Seventy-nine and 38/100 Dollars ($151,279.38) which sum is
properly recoverable from the contractor, and
(2) Contract items in the sum of One Hundred Seventy-
eight Thousand Five Hundred Twelve and 76/100 Dollars
($178,512.76), and
(3) Extra work properly chargeable under the contract
in the sum of Three Thousand Three Hundred Forty-five and 78/100
Dollars ($3,345.78);
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
Three Hundred Thirty-three Thousand One Hundred Thirty-seven and
92/100 Dollars ($333,137.92) are hereby levied on all land whether
public or private but exclusive of public streets, roads, and
alleys, in Subdistrict No. 167 (Ballas Road Lateral) of The
Metropolitan St. Louis Sewer District, as bounded in said
Ordinance No. 662, as amended by said Ordinance No. 1278 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
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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
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 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 One Hundred Fifty-one Thousand Two Hundred
Seventy-nine and 38/100 Dollars ($151,279.38) heretofore advanced
from the funds of The Metropolitan St. Louis Sewer District as a
charge against the said Subdistrict No. 167 (Ballas Road Lateral).
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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.
The foregoing Ordinance was adopted May 10, 1965.