O R D I N A N C E NO AN ORDINANCE levying special benefit assessments. against all of the land benefited by the construction of sewers

Transcription

1 O R D I N A N C E NO AN ORDINANCE levying special benefit assessments against all of the land benefited by the construction of sewers within the boundaries of Subdistrict No. 227 (Gravois-Sappington Trunk) 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. 1115, adopted on the 20th day of February, 1964 not less than three weeks after a public hearing thereon held at 8:00 o'clock p.m. on the 26th day of November, 1963 at the Lindbergh Junior High School, 4900 South Lindbergh Boulevard, St. Louis County, Missouri, pursuant to notice thereof published in the St. Louis Globe-Democrat on the 1st day of November, 1963, 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. 227

2 (Gravois-Sappington Trunk) of The Metropolitan St. Louis Sewer District and by Ordinance No. 1517, adopted on the 4th day of August, 1966, did amend said Ordinance No and thereby revise the boundaries of said Subdistrict No. 227 (Gravois-Sappington Trunk), and (2) By Resolution No. 704, adopted on the 12th day of March, 1964, did declare the necessity of an improvement consisting of the construction of sub-trunk sanitary sewers in an area designated Subdistrict No. 227 (Gravois-Sappington Trunk) 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. 227; and (3) Did cause to be duly called and held a public hearing at the Lindbergh North Junior High School, Eddie and Park Road, St. Louis County, Missouri, at the hour of 8:00 o'clock p.m: on the 6th day of April, 1964, at which public hearing all persons interested in such improvement were given an opportunity to be heard; and (4) By Resolution No. 709, adopted on the 23rd day of April, 1964, 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. 704; and pursuant to said direction, plans and specifications for the improvement were 2

3 prepared and the Board of Trustees did approve the same on the 15th day of July, 1965, and proper notice to contractors for bids was published in the St. Louis Post-Dispatch on the 17th and 24th days of November and the 1st day of December, 1965; and (5) By Ordinance No. 1446, adopted on the 13th day of January, 1966, 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 9th day of December, 1965, 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 December, 1965; 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 Seventyfive Thousand Nine Hundred Sixty-eight and 12/100 Dollars ($175,968.12), 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 Sixty-five Thousand Four Hundred Seventy-six and 32/100 Dollars ($65,476.32) which sum is properly recoverable from the contractor, and (2) Contract items in the sum of One Hundred Six Thousand Nine Hundred Thirteen and 23/100 Dollars ($106,913.23), 3

4 and (3) Extra work properly chargeable under the contract in the sum of Three Thousand Five Hundred Seventy-eight and 57/100 Dollars ($3,578.57); 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 Seventy-five Thousand Nine Hundred Sixty-eight and 12/100 Dollars ($175,968.12) are hereby levied on all land whether public or private but exclusive of streets, roads and alleys, in Subdistrict No. 227 (Gravois-Sappington Trunk) of The Metropolitan St. Louis Sewer District, as bounded in said Ordinance No. 1115, as amended by said Ordinance No 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 4

5 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 Sixty-five Thousand Four Hundred Seventy-six and 32/100 Dollars ($65,476.32) heretofore advanced from the funds of The Metropolitan St. Louis Sewer District as a charge against the said Subdistrict No. 227 (Gravois-Sappington Trunk). 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. 5

6 The foregoing Ordinance was adopted December 8,