HomeMy Public PortalAbout01877 O R D I N A N C E NO. 1877
AN ORDINANCE levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 282 (Lindbergh-Lemay
Ferry 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. 1407, adopted on the 4th day of
November, 1965 not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 29th 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 7th 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. 282
2
(Lindbergh-Lemay Ferry Subtrunk) of The Metropolitan St. Louis
Sewer District, and by Ordinance No. 1820 adopted on the 12th day
of December, 1968, did amend said Ordinance No. 1407 and did
hereby revise the boundaries of Subdistrict No. 282 (Lindbergh-
Lemay Ferry Subtrunk); and
(2) By Resolution No. 847, adopted on the 31st day of
January, 1966, did declare the necessity of an improvement
consisting of the construction of lateral sanitary sewers in an
area designated Subdistrict No. 282 (Lindbergh-Lemay Ferry
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. 282; and
(3) Did cause to be duly called and held a public
hearing at Mehlville Junior High School, 3100 Lemay Ferry Road,
St. Louis County, Missouri, at the hour of 8:00 o'clock p.m. on
the 28th day of February, 1966, at which public hearing all
persons interested in such improvement were given an opportunity
to be heard; and
(4) By Resolution No. 860, adopted on the 10th day of
March, 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. 847; and
pursuant to said direction, plans and specifications for the
3
improvement were prepared and the Board of Trustees did approve
the same on the 2nd day of February, 1968, and proper notice to
contractors for bids was published in the St. Louis Post Dispatch
on the 1st, 8th, and 15th days of July, 1968; and
(5) By Ordinance No. 1769, adopted on the 1st day of
August, 1968, did confirm a contract with Karsten Equipment
Company, as the lowest responsible bidder, pursuant to bids for
constructions of such improvement received and opened on the 23rd
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 1st 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 Eighty-two Thousand
Fifty-eight and 77/100 Dollars ($82,058.77), 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 Twenty-one Thousand Five Hundred
Ninety and 58/100 Dollars ($21,590.58) which sum is properly
recoverable from the contractor, and
(2) Contract items in the sum of Fifty-nine Thousand
Seven Hundred Nine and 79/100 Dollars ($59,709.79), and
(3) Extra work properly chargeable under the contract
4
in the sum of Seven Hundred Fifty-eight and 40/100 Dollars
($758.40):
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
Eighty-two Thousand Fifty-eight and 77/100 Dollars ($82,058.77)
are hereby levied on all land whether public or private but
exclusive of streets, roads and alleys, in Subdistrict No. 282
(Lindbergh-Lemay Ferry Subtrunk) of The Metropolitan St. Louis
Sewer District, as bounded in said Ordinance No. 1407 as amended
by said Ordinance No. 1820. 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 by Ordinance No. 97 adopted September 4, 1956, and
amended by Ordinance No. 849 effective November 14, 1962, and
5
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-one Thousand Five Hundred
Ninety and 58/100 Dollars ($21,590.58) heretofore advanced from
the funds of The Metropolitan St. Louis Sewer District as a
charge against the said Subdistrict No. 282 (Lindbergh-Lemay
Ferry Subtrunk).
Section Pour. 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.
6
The foregoing Ordinance was adopted April 17, 1969.