HomeMy Public PortalAbout01667 O R D I N A N C E NO. 1667
AN ORDINANCE levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 289 (Black Oaks South) 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. 1417, adopted on the 18th day of
November, 1965 not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 18th day of October,
1965, at the Walnut Grove School, 1892 South Florissant Road, St.
Louis County, Missouri, pursuant to notice thereof published in
the St. Louis Post-Dispatch on the 23rd day of September, 1965, at
which public hearing all persons interested were given an
2
opportunity to be heard, did establish and prescribe the
boundaries of a subdistrict designated Subdistrict No. 289 (Black
Oaks South) of The Metropolitan St. Louis Sewer District, and by
Ordinance No. 1604, adopted on the 20th day of April, 1967, did
amend said Ordinance No. 1417 and did thereby revise the
boundaries of said Subdistrict No. 289; and
(2) By Resolution No. 855, adopted on the 10th day of
February, 1966, did declare the necessity of an improvement
consisting of the construction of lateral sanitary sewers in an
area designated Subdistrict No. 289 (Black Oaks South) 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. 289; and
(3) Did cause to be duly called and held a public
hearing at the Lee Hamilton School, 401 Powell Avenue, City of
Ferguson, St. Louis County, Missouri, at the hour of 8:00 o'clock
p.m. on the 7th day of March, 1966, at which public hearing all
persons interested in such improvement were given an opportunity
to be heard; and
(4) By Resolution No. 869, adopted on the 6th day of
April, 1966, did determine that it is in the public interest that
such improvement be made, and did direct that The Metropolitan St.
3
Louis Sewer District proceed with the said improvement according
to the provisions of said Resolution No. 855; and pursuant to said
direction, plans and specifications for the improvement were
prepared and the Board of Trustees did approve the same on the
20th day of April, 1967, and proper notice to contractors for bids
was published in the St. Louis Post-Dispatch on the 3rd, 10th, and
17th days of May, 1967; and
(5) By Ordinance No. 1618, adopted on the 2nd day of
June, 1967, did confirm a contract with Corrigan Company, as the
lowest responsible bidder, pursuant to bids for construction of
such improvement received and opened on the 25th day of May, 1967,
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 2nd day of June,
1967; 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 Thirty-nine Thousand
Seven Hundred Twenty and 89/100 Dollars ($39,720.89), 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 Ten Thousand One Hundred Eight and
84/100 Dollars ($10,108.84) which sum is properly recoverable from
4
the contractor, and
(2) Contract items in the sum of Twenty-five Thousand
Eight Hundred Eighty-six and 05/100 Dollars ($25,886.05), and
(3) Extra work properly chargeable under the contract
in the sum of Three Thousand Seven Hundred Twenty-six and no/100
Dollars ($3,726.00);
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
Thirty-nine Thousand Seven Hundred Twenty and 89/100 Dollars
($39,720.89) are hereby levied on all land whether public or
private but exclusive of streets, roads and alleys, in Subdistrict
No. 289 (Black Oaks South) of The Metropolitan St. Louis Sewer
District, as bounded in said Ordinance No. 1417, as amended by
said Ordinance No. 1604. 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
5
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 Ten Thousand One Hundred Eight and
84/100 Dollars ($10,108.84) heretofore advanced from the funds of
The Metropolitan St. Louis Sewer District as a charge against the
said Subdistrict No. 289 (Black Oaks South).
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
6
be in full force and effect from and after its passage. The foregoing Ordinance was adopted October 11, 1967.