HomeMy Public PortalAbout01429 O R D I N A N C E NO. 1429
AN ORDINANCE levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 127 (Forest Drive
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 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. 511, 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, City of
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 opportunity to be heard, did establish and prescribe the
boundaries of a subdistrict designated Subdistrict No. 127 (Forest
Drive Lateral) of The Metropolitan St. Louis Sewer District, and
by Ordinance No. 1291, adopted on the 11th day of March, 1965, did
amend said Ordinance No. 511 and did thereby revise the boundaries
of said Subdistrict No. 127; and
(2) By Resolution No. 533, 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. 127 (Forest Drive 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. 127; and
(3) Did cause to be duly called and held a public
hearing at The Springdale School, 4600 Springdale at Middleway,
City of 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. 555, adopted on the 8th day of
November, 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 to the provisions of said Resolution No.
533; and pursuant to said direction, plans and specifications -2-
for the improvement were prepared and the Board of Trustees did
approve the same on the 12th day of March, 1964, and proper notice
to contractors for bids was published in the St. Louis Post-
Dispatch on the 29th day of March and the 5th and 12th days of
April, 1965; and
(5) By Ordinance No. 1331, adopted on the 10th day of
May, 1965, did confirm a contract with Braun Excavating Company,
as the lowest responsible bidder, pursuant to bids for
construction of such improvement received and opened on the 20th
day of April, 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 30th 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 Sixty-six Thousand
Nine Hundred Ninety-one and 87/100 Dollars ($66,991.87), which
sum is the total of the following two 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 Twelve Thousand Four Hundred Forty-six
and 74/100 Dollars ($12,446.74) which sum is properly recoverable
from the contractor, and
(2) Contract items in the sum of Fifty-four Thousand
Five Hundred Forty-five and 13/100 Dollars ($54,545.13);
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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-six Thousand Nine Hundred Ninety-one and 87/100 Dollars
($66,991.87) are hereby levied on all land whether public or
private but exclusive of public streets, roads and alleys, in
Subdistrict No. 127 (Forest Drive Lateral) of The Metropolitan St.
Louis Sewer District, as bounded in said Ordinance No. 511 as
amended by said Ordinance No. 1291. 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
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.
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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 Twelve Thousand Four Hundred Forty-
six and 74/100 Dollars ($12,446.74) heretofore advanced from the
funds of The Metropolitan St. Louis Sewer District as a charge
against the said Subdistrict No. 127 (Forest Drive Lateral).
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 December 9, 1965. -5-