HomeMy Public PortalAbout01563 O R D I N A N C E NO. 1563
AN ORDINANCE levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 227 (Gravois-Sappington
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. 1115, adopted on the 20th day of
February, 1964 not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 26th day of November,
1963 at the Lindbergh Junior High School, 4900 South Lindbergh
Boulevard, St. Louis County, Missouri, pursuant to notice thereof
published in the St. Louis Globe-Democrat on the 1st day of
November, 1963, 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. 227
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(Gravois-Sappington Trunk) of The Metropolitan St. Louis Sewer
District and by Ordinance No. 1517, adopted on the 4th day of
August, 1966, did amend said Ordinance No. 1115 and thereby revise
the boundaries of said Subdistrict No. 227 (Gravois-Sappington
Trunk), and
(2) By Resolution No. 704, adopted on the 12th day of
March, 1964, did declare the necessity of an improvement
consisting of the construction of sub-trunk sanitary sewers in an
area designated Subdistrict No. 227 (Gravois-Sappington 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 streets, roads and alleys within such
Subdistrict No. 227; and
(3) Did cause to be duly called and held a public
hearing at the Lindbergh North Junior High School, 12225 Eddie and
Park Road, St. Louis County, Missouri, at the hour of 8:00 o'clock
p.m: on the 6th day of April, 1964, at which public hearing all
persons interested in such improvement were given an opportunity
to be heard; and
(4) By Resolution No. 709, adopted on the 23rd day of
April, 1964, 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. 704; and pursuant to said
direction, plans and specifications for the improvement were
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prepared and the Board of Trustees did approve the same on the
15th day of July, 1965, and proper notice to contractors for bids
was published in the St. Louis Post-Dispatch on the 17th and 24th
days of November and the 1st day of December, 1965; and
(5) By Ordinance No. 1446, adopted on the 13th day of
January, 1966, did confirm a contract with Gampco Incorporated
Contractors & Engineers, as the lowest responsible bidder,
pursuant to bids for construction of such improvement received and
opened on the 9th day of December, 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 20th day of December, 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 One Hundred Seventy-
five Thousand Nine Hundred Sixty-eight and 12/100 Dollars
($175,968.12), 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 Sixty-five Thousand Four Hundred
Seventy-six and 32/100 Dollars ($65,476.32) which sum is properly
recoverable from the contractor, and
(2) Contract items in the sum of One Hundred Six
Thousand Nine Hundred Thirteen and 23/100 Dollars ($106,913.23),
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and
(3) Extra work properly chargeable under the contract
in the sum of Three Thousand Five Hundred Seventy-eight and 57/100
Dollars ($3,578.57);
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
One Hundred Seventy-five Thousand Nine Hundred Sixty-eight and
12/100 Dollars ($175,968.12) are hereby levied on all land whether
public or private but exclusive of streets, roads and alleys, in
Subdistrict No. 227 (Gravois-Sappington Trunk) of The Metropolitan
St. Louis Sewer District, as bounded in said Ordinance No. 1115,
as amended by said Ordinance No. 1517. 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
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
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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 Sixty-five Thousand Four Hundred Seventy-six
and 32/100 Dollars ($65,476.32) heretofore advanced from the funds
of The Metropolitan St. Louis Sewer District as a charge against
the said Subdistrict No. 227 (Gravois-Sappington Trunk).
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.
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The foregoing Ordinance was adopted December 8, 1966.