HomeMy Public PortalAbout01403 O R D I N A N C E NO. 1403
AN ORDINANCE levying special benefit assessments against
all of the land benefited by the construction of sewers within the
boundaries of Subdistrict No. 198 (Twill Court) 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. 742, adopted on the 7th day of May,
1962, not less than three weeks after a public hearing thereon held
at 8:00 o'clock p.m. on the 3rd day of April, 1962, at the
Riverview Central Junior High School, 9800 School View Drive, St.
Louis County, Missouri, pursuant to notice thereof published in the
St. Louis Globe-Democrat on the 8th day of March, 1962, 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. 198 (Twill Court) of The
Metropolitan St. Louis Sewer District, and by Ordinance No. 1330,
adopted on the 10th day of May, 1965, did amend said Ordinance No.
742 and did revise the boundaries of said Subdistrict No. 198; and
(2) By Resolution No. 763, adopted on the 20th day of
January, 1965, did declare the necessity of an improvement
consisting of the construction of lateral sanitary sewers in an
area designated Subdistrict No. 198 (Twill Court) 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.
198; and
(3) Did cause to be duly called and held a public hearing
at the Riverview Central Junior High School, 9800 School View
Drive, St. Louis County, Missouri, at the hour of 8:00 o'clock p.m.
on the 16th day of February, 1965, at which public hearing all
persons interested in such improvement were given an opportunity to
be heard; and
(4) By Resolution No. 766, adopted on the 25th day of
February, 1965, did determine that it is in the public interest
that such improvement be made, and did direct that The Metropolitan
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St. Louis Sewer District proceed with the said improvement
according to the provisions of said Resolution No. 763; and
pursuant to said direction, plans and specifications for the
improvement were prepared and the Board of Trustees did approve the
same on the 10th day of May, 1965, and proper notice to contractors
for bids was published in the St. Louis Globe-Democrat on the 27th
day of May and the 3rd and 10th days of June, 1965; and
(5) By Ordinance No. 1350, adopted on the 29th day of
June, 1965, did confirm a contract with Karsten Equipment Co., as
the lowest responsible bidder, pursuant to bids for construction of
such improvement received and opened on the 18th day of June, 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 25th day of June,
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 Forty-eight Thousand Seven
Hundred Sixty-six and 17/100 Dollars ($48,766.17), 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
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supervision, in the sum of Nine Thousand Twenty-six and 70/100
Dollars ($9,026.70) which sum is property recoverable from the
contractor, and
(2) Contract items in the sum of Thirty-Nine Thousand
Four Hundred Ninety and 47/100 Dollars ($39,490.47), and
(3) Extra work properly chargeable under the contract in
the sum of Two Hundred Forty-nine and no/100 Dollars ($249.00);
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
Forty-eight Thousand Seven Hundred Sixty-six and 17/100 Dollars
($48,766.17) are hereby levied on all land whether public or
private but exclusive of streets, roads and alleys, in Subdistrict
No. 198 (Twill Court) of The Metropolitan St. Louis Sewer District,
as bounded in said Ordinance No. 742, as amended by said Ordinance
No. 1330. 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 Nine Thousand Twenty-six and 70/100 Dollars
($9,026.70) heretofore advanced from the funds of The Metropolitan
St. Louis Sewer District as a charge against the said Subdistrict
No. 198 (Twill Court).
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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 October 18, 1965.