HomeMy Public PortalAbout01875 O R D I N A N C E NO. 1875
AN ORDINANCE levying special benefit assessments
against all of the land benefitted by the construction of sewers
within the boundaries of Subdistrict No. 307 (Eggling & East
Watson) 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, 1964, all as
provided and authorized by Sections 80(a) and 80(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. 1522, adopted on the 12th day of
August, 1966 not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 20th day of July, 1966
at the Sunset Hills City Hall, 10875 Sunset Hills Plaza, Sunset
Hills, St. Louis County, Missouri, pursuant to notice thereof
published in the St. Louis Globe Democrat on the 29th day of
June, 1966, 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. 307
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(Eggling & East Watson) of The Metropolitan St. Louis Sewer
District and by Ordinance No. 1583, adopted on the 17th day of
February, 1967 did amend Ordinance No. 1522 and did thereby
revise the boundaries of said Subdistrict; and
(2) By Resolution No. 974, adopted on the 13th day of
February, 1968, did declare the necessity of an improvement
consisting of the construction of lateral sanitary sewers in an
area designated Subdistrict No. 307 (Eggling & East Watson) 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 benefitted by such construction, whether public or
private, exclusive of streets, roads, and alleys within such
Subdistrict No. 307; and
(3) Did cause to be duly called and held a public
hearing at Sunset Hills City Hall, 10875 Sunset Hills Plaza,
Sunset Hills, St. Louis County, Missouri, at the hour of 8:00
o'clock p.m. on the 6th day of March, 1968, at which public
hearing all persons interested in such improvement were given an
opportunity to be heard; and
(4) By Resolution No. 985, adopted on the 28th day of
March, 1968, 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. 974; and
pursuant to said direction, plans and specifications for the
improvement were prepared and the Board of Trustees did approve
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the same on the 12th day of September, 1968, and proper notice to
contractors for bids was published in the St. Louis Post-Dispatch
on the 2nd, 9th, and 16th days of October, 1968; and
(5) By Ordinance No. 1814, adopted on the 26th day of
November, 1968, did confirm a contract with Drainage Construction
Corporation, as the lowest responsible bidder, pursuant to bids
for construction of such improvement received and opened on the
24th day of October, 1988, 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 November, 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 Eleven Thousand Four
Hundred Twenty and 18/100 Dollars ($11,420.18), 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 Two Thousand Two Hundred Ninety-
three and 01/100 Dollars ($2,293.01) which sum is properly
recoverable from the contractor, and
(2) Contract items in the sum of Eight Thousand Four
Hundred Ninety-seven and 97/100 Dollars ($8,497.97), and
(3) Extra work properly chargeable under the contract
in the sum of Six Hundred Twenty-nine and 20/100 Dollars
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($629.20);
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
Eleven Thousand Four Hundred Twenty and 18/100 Dollars
($11,420.18) are hereby levied on all land whether public or
private but exclusive of streets, roads and alleys, in
Subdistrict No. 307 (Eggling & East Watson) of The Metropolitan
St. Louis Sewer District, as bounded in said Ordinance No. 1522
as amended by Ordinance No. 1583. Said levy is for the entire
cost of construction of said improvement to serve said benefitted
area and said sum shall be levied ratably by area upon the lots
or parcels of ground within said benefitted area, whether public
or private, in the proportion that the area each such lot or
parcel of ground bears to the said entire benefitted 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 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
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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 Two Thousand Two Hundred Ninety-
three and 01/100 Dollars ($2,293.01) heretofore advanced from the
funds of The Metropolitan St. Louis Sewer District as a charge
against the said Subdistrict No. 307 (Eggling & East Watson).
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 April 17, 1969.