HomeMy Public PortalAbout01767 O R D I N A N C E NO. 1767
AN ORDINANCE levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 254 (West Florissant and
I-270 Subtrunk) 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. 1415, 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 opportunity to
be heard, did establish and prescribe the boundaries of a
subdistrict designated Subdistrict No. 254 (West Florissant and I-
270 Subtrunk) of The Metropolitan St. Louis Sewer District, and by
Ordinance No. 1678, adopted on the 30th day of October, 1967, did
amend Section Two of said Ordinance No. 1415 and did thereby
revise the boundaries of said Subdistrict No. 254; and
(2) By Resolution No. 853, adopted on the 10th day of
February, 1966, did declare the necessity of an improvement
consisting of the construction of subtrunk sanitary sewers in an
area designated Subdistrict No. 254 (West Florissant and I-270
Subtrunk) 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. 254; and
(3) Did cause to be duly called and held a public
hearing at the Lee Hamilton School, 401 Powell Avenue, 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. 867, 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.
Louis Sewer District proceed with the said improvement according
to the provisions of said Resolution No. 853; and
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pursuant to said direction, plans and specifications for the
improvement were prepared and the Board of Trustees did approve
the same on the 11th day of October, 1967, and proper notice to
contractors for bids was published in the St. Louis Globe-Democrat
on the 14th, 21st, and 28th days of December, 1967; and
(5) By Ordinance No. 1713, adopted on the 18th day of
January, 1968, 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 5th
day of January, 1968, 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 18th day of January, 1968; 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-seven Thousand
One Hundred Twenty-eight and 14/100 Dollars ($37,128.14), 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 Five Thousand Two Hundred Twenty-four
and 85/100 Dollars ($5,224.85) which sum is properly recoverable
from the contractor, and
(2) Contract items in the sum of Thirty-one Thousand
Nine Hundred Three and 29/100 Dollars ($31,903.29);
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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 Thirty-seven Thousand One Hundred Twenty-eight and 14/100
Dollars ($37,128.14) are hereby levied on all land whether public
or private but exclusive of streets, road and alleys, in
Subdistrict No. 254 (West Florissant and I-270 Subtrunk) of The
Metropolitan St. Louis Sewer District, as bounded in said
Ordinance No. 1415, as amended by said Ordinance No. 1678. 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, road and alleys.
Section Two. Thee 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 time 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 Five Thousand Two Hundred Twenty-
four and 85/100 Dollars ($5,224.85) heretofore advanced from the
funds of The Metropolitan St. Louis Sewer District as a charge
against the said Subdistrict No. 254 (West Florissant and I-270
Subtrunk).
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 July 25, 1968.
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