HomeMy Public PortalAbout01412 O R D I N A N C E NO. 1412
AN ORDINANCE levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 22 (Forest Drive 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. 512, adopted on the 23rd day of
February, 1961 not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 31st day of January, 1961
at the Springdale School, 4600 Springdale at Middleway, Berkeley,
St. Louis County, Missouri, pursuant to notice thereof published
in the St. Louis Post-Dispatch on the 9th day of January, 1961, at
which public hearing all persons interested were given an
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opportunity to be heard, did establish and prescribe the bound-
aries of a subdistrict designated Subdistrict No. 22 (Forest Drive
Trunk) of The Metropolitan St. Louis Sewer District and by Ordi-
nance Nos. 1218 and 1411 adopted respectively on the 12th day of
October 1964, and the 4th day of November, 1965, did revise the
boundaries of said Subdistrict by amending said Ordinance No. 512;
and
(2) By Resolution No. 532, adopted on the 25th day of
June, 1962, did declare the necessity of an improvement consisting
of the construction of lateral sanitary sewers in an area
designated Subdistrict No. 22 (Forest Drive 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 public streets, roads and alleys within such
Subdistrict No. 22; and
(3) Did cause to be duly called and held a public
hearing at the Springdale School, 4600 Springdale at Middleway,
Berkeley, St. Louis County, Missouri, at the hour of 8:00 o'clock
p.m. on the 23rd day of July, 1962, at which public hearing all
persons interested in such improvement were given an opportunity
to be heard; and
(4) By Resolution No. 550, adopted on the 8th day of
November, 1962, did determine that it is in the public interest
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that 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.
532; 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 September, 1964, and proper
notice to contractors for bids was published in the St. Louis
Post-Dispatch on the 1st, 8th and 15th days of March, 1965; and
(5) By Ordinance No. 1308, adopted on the 8th day of
April, 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 23rd day,of March,
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 5th day of
April, 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 Fifty-four Thousand
Three Hundred Sixty-five and 16/100 Dollars ($54,365.16), 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 Eight Thousand Six Hundred Thirty-six
and 41/100 Dollars ($8,636.41) which sum is properly recoverable
from the contractor, and
(2) Contract items in the sum of Forty-five Thousand
Four Hundred Twenty-eight and 75/100 Dollars ($45,428.75), and
(3) Extra work properly chargeable under the contract
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
Fifty-four Thousand Three Hundred Sixty-five and 16/100 Dollars
($54,365.16) are hereby levied on all land whether public or
private but exclusive of public streets, roads and alleys, in
Subdistrict No. 22 (Forest Drive Trunk) of The Metropolitan St.
Louis Sewer District, as bounded in said Ordinance No. 512, as
amended by said Ordinance Nos. 1218 and 1411. 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
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 Eight Thousand Six Hundred Thirty-
six and 41/100 Dollars ($8,636.41) heretofore advanced from the
funds of The Metropolitan St. Louis Sewer District as a charge
against the said Subdistrict No. 22 (Forest Drive Trunk).
Section Four. The completion and acceptance of the
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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 November 4, 1965.