HomeMy Public PortalAbout02047 O R D I N A N C E NO. 2047
AN ORDINANCE levying special benefit assessments
against all of the land benefitted by the construction of sewers
within the boundaries of Subdistrict No. 326 (Lavinia Road) 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. 1906, adopted on the 12th day of
June, 1969 not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 20th day of May, 1969 at
the Lindbergh Eighth Grade Center, 4900 South Lindbergh, St. Louis
County, Missouri, pursuant to notice thereof published in the St.
Louis Post-Dispatch on the 28th day of April, 1969, 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. 326 (Lavinia Road) of The
Metropolitan St. Louis Sewer District, and by Ordinance No. 2038,
adopted on the 7th day of May, 1970, did amend said Ordinance No.
1906 and did thereby revise the boundaries of said Subdistrict No.
326 (Lavinia Road); and
(2) By Resolution No. 1067, adopted on the 9th day of
July, 1969, did declare the necessity of an improvement consisting
of the construction of lateral sanitary sewers in an area
designated Subdistrict No. 326 (Lavinia Road) 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.
326; and
(3) Did cause to be duly called and held a public
hearing at The Lindbergh Eighth Grade Center, 4900 South
Lindbergh, St. Louis County, Missouri, at the hour of 8:00 o'clock
p.m. on the 7th day of August, 1969, at which public hearing all
persons interested in such improvement were given an opportunity
to be heard; and
(4) By Resolution No. 1074, adopted on the 15th day of
August, 1969, 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. 1067; and pursuant to
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said direction, plans and specifications for the improvement were
prepared and the Board of Trustees did approve the same on the
24th day of September, 1969, and proper notice to contractors for
bids was published in the St. Louis Post-Dispatch on the 9th,
16th, and 23rd days of October, 1969; and
(5) By Ordinance No. 1964, adopted on the 12th day of
November, 1969, 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 31st
day of October, 1969, 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 12th day of November, 1969; 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 Forty-five Thousand
Six Hundred Sixty-four and 71/100 Dollars ($45,664.71), 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 Eight Thousand Five Hundred Fifty and
11/100 Dollars ($8,550.11) which sum is properly recoverable from
the contractor, and
(2) Contract items in the sum of Thirty-three Thousand
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Eight Hundred Eighteen and 60/100 Dollars ($33,818.60), and
(3) Extra work properly chargeable under the contract
in the sum of Three Thousand Two Hundred Ninety-six Dollars
($3,296.00);
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 Forty-five Thousand Six Hundred Sixty-four and 71/100 Dollars
($45,664.71) are hereby levied on all land whether public or
private but exclusive of streets, roads and alleys, in Subdistrict
No. 326 (Lavinia Road) of The Metropolitan St. Louis Sewer
District, as bounded in said Ordinance No. 1906 as amended by said
Ordinance No. 2038. 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
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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 Eight Thousand Five Hundred Fifty
and 11/100 Dollars ($8,550.11) heretofore advanced from the funds
of The Metropolitan St. Louis Sewer District as a charge against
the said Subdistrict No. 326 (Lavinia Road).
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.
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The foregoing Ordinance was adopted June 4, 1970.