HomeMy Public PortalAbout01823 O R D I N A N C E NO. 1823
AN ORDINANCE levying special benefit assessments against all
of the land benefited by the construction of sewers within the
boundaries of Subdistrict No. 263 (Buckley and Sappington
Barracks) 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. 1394, adopted on the 5th day of October,
1965 not less than three weeks after a public hearing thereon held
at 8:00 o'clock p.m. on the 8th day of September, 1965 at the
Mehlville Junior High School, 3100 Lemay Ferry Road, St. Louis
County, Missouri, pursuant to notice thereof published in the St.
Louis Globe-Democrat on the 11th day of August, 1965, at which
public hearing all persons interested were given an opportunity to
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be heard, did establish and prescribe the boundaries of a
subdistrict designated Subdistrict No. 263 (Buckley and Sappington
Barracks) of The Metropolitan St. Louis Sewer District, and by
Ordinance No. 1816, adopted on the 26th day of November, 1968, did
amend said Ordinance No. 1394 and did thereby revise the
boundaries of said Subdistrict; and
(2) By Resolution No. 826, adopted on the 4th day of
November, 1965, did declare the necessity of an improvement
consisting of the construction of lateral sanitary sewers in an
area designated Subdistrict No. 263 (Buckley and Sappington
Barracks) 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. 263; and
(3) Did cause to be duly called and held a public hearing
at the Mehlville Junior High School, 3100 Lemay Ferry Road, St.
Louis County, Missouri, at the hour of 8:00 o'clock p.m. on the
29th day of November, 1965, at which public hearing all persons
interested in such improvement were given an opportunity to be
heard; and
(4) By Resolution No. 833, adopted on the 9th day of
December, 1965, did determine that it is in the public interest
that such improvement be made, and did direct that The
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Metropolitan St. Louis Sewer District proceed with the said
improvement according to the provisions of said Resolution No.
826; and pursuant to said direction, plans and specifications for
the improvement were prepared and the Board of Trustees did
approve the same on the 7th day of November, 1967, and proper
notice to contractors for bids was published in the St. Louis
GlobeDemocrat on the 24th day of June and the 1st and 8th days of
July, 1968; and
(5) By Ordinance No. 1771, adopted on the 14th day of
August, 1968, 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 16th day of July, 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 9th day of August, 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 One Hundred Fifty-five
Thousand Six Hundred Forty-seven and 01/100 Dollars ($155,647.01),
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 Twenty Thousand Nine Hundred Twenty-
eight and 60/100 Dollars ($20,928.60) which sum is properly re-
coverable from the contractor, and
(2) Contract items in the sum of One Hundred Thirty-one
Thousand Five Hundred Forty-seven and 65/100 Dollars
($131,547.65), and
(3) Extra work properly chargeable under the contract in
the sum of Three Thousand One Hundred Seventy and 76/100 Dollars
($3,170.76);
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 Fifty-five Thousand Six Hundred Forty-seven and 01/100
Dollars ($155,647.01) are hereby levied on all land whether public
or private but exclusive of streets, roads and alleys, in
Subdistrict No. 263 (Buckley and Sappington Barracks) of The
Metropolitan St. Louis Sewer District, as bounded in said
Ordinance No. 1394 as amended by said Ordinance No. 1816. 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
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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.
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 Twenty Thousand Nine Hundred Twenty-eight and
60/100 Dollars ($20,928.60) heretofore advanced from the funds of
The Metropolitan St. Louis Sewer District as a charge against the
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said Subdistrict No. 263 (Buckley and Sappington Barracks).
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 12, 1968.