HomeMy Public PortalAbout01386 O R D I N A N C E NO. 1386
AN ORDINANCE levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 224 (Lindbergh and East
Watson) 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. 1078, adopted on the 2nd day of
December, 1963, not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 1st day of October, 1963
at the Watson School, 9820 Watson Road, St. Louis County, Missouri
pursuant to notice thereof published in the St. Louis Globe-
Democrat on the 9th day of September, 1963, 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. 224 (Lindbergh and East Watson) of The
Metropolitan St. Louis Sewer District and by Ordinance No. 1144
adopted on the 23rd day of April, 1964, and Ordinance No. 1236
adopted on the 12th day of November, 1964, did amend said
Ordinance No. 1236 and did thereby revise the boundaries of said
Subdistrict; and
(2) By Resolution No. 712, adopted on the 23rd day of
April, 1964, did declare the necessity of an improvement con-
sisting of the construction of lateral sanitary sewers in an area
designated Subdistrict No. 224 (Lindbergh and East Watson) 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. 224; and
(3) Did cause to be duly called and held a public
hearing in the Library at the Lindbergh North January High School,
12225 Eddie and Park Road, St. Louis County, Missouri, at the hour
of 8:00 p.m. on the 20th day of May, 1964, at which public hearing
all persons interested in such improvement were given an
opportunity to be heard; and
(4) By Resolution No. 718, adopted on the 10th day of
June, 1964, did determine that it is in the public interest that
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such improvement be made, and did direct that The Metropolitan St.
Louis Sewer District proceed with the said improvement according
to the provisions of said Resolution No. 712; and pursuant to said
direction, plans and specifications for the improvement were
prepared and the Board of Trustees did approve the same on the
12th day of November, 1964, and proper notice to contractors for
bids was published in the St. Louis Globe-Democrat on the 7th,
14th, and 21st days of January, 1965; and
(5) By Ordinance No. 1277, adopted on the 25th day of
February, 1965, 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 29th
day of January, 1965, 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 12th day of February, 1965; 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 Sixty-one Thousand
Nine Hundred Thirty-two and 47/100 Dollars ($61,932.47), which sum
is the total of the following four 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
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supervision, in the sum of Twenty Thousand One Hundred Sixty-four
and 77/100 Dollars ($20,164.77) which sum is properly recoverable
from the contractor, and
(2) Contract items in the sum of Thirty-eight Thousand
Seven Hundred Seventy-six and 90/100 Dollars ($38,776.90), and
(3) Extra work properly chargeable under the contract
in the sum of Three Thousand Two Hundred Ninety and 80/100 Dollars
($3,290.80); and
(4) A deduction of liquidated damages pursuant to con-
tract in the sum of Three Hundred Dollars ($300.00);
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
Sixty-one Thousand Nine Hundred Thirty-two and 47/100 Dollars
($61,932.47) are hereby levied on all land whether public or
private but exclusive of streets, roads and alleys, in Subdistrict
No. 224 (Lindbergh and East Watson) of The Metropolitan St. Louis
Sewer District, as bounded in said Ordinance No. 1078 as amended
by said Ordinances No. 1144 and 1236. 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.
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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
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 pre-
scribed 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 Twenty Thousand One Hundred Sixty-
four and 77/100 Dollars ($20,164.77) heretofore advanced from the
funds of The Metropolitan St. Louis District as a charge against
the said Subdistrict No. 224 (Lindbergh and East Watson).
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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 August 26, 1965.