HomeMy Public PortalAbout00099 O R D I N A N C E NO. 99
AN ORDINANCE levying special benefit assessments against all
of the real property within the boundaries of Special Benefit
Subdistrict Number Five 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 Resolution No. 28, adopted on the 15th day of August,
1955, did create and delineate the boundaries of Special Benefit
Subdistrict Number Five of The Metropolitan St. Louis Sewer
District for the construction of lateral sewers to serve such area
and did provide that special benefit assessments be levied against
all real property within such area; and
(2) Did cause to be duly called and held a public hearing at
1201 Hilltop Drive in the City of Olivette at the hour of 8:00
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p.m. on Tuesday, August 30, 1955, at which public hearing sixty
per cent of all property owners were in attendance and those
present voted unanimously in favor of same and
(3) At a meeting of the said Board of Trustees held on the
6th day of September, 1955, 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. 28,
and, pursuant to said direction, proper notice to contractors for
bids was published in the St. Louis Post-Dispatch on the 9th,
16th, and 23rd days of May, 1956; and
(4) By Ordinance No. 80, adopted on the 11th day of June,
1956, did confirm a contract with the NASH CONTRACTING COMPANY, as
the lowest of responsible bidders pursuant to bids received and
opened on the 31st day of May, 1956, and signed by the Contractor
and by the Executive Director and the Secretary-Treasurer on
behalf of The Metropolitan St. Louis Sewer District; and
WHEREAS, the Executive Director has determined that said
lateral sewers have been completed by the Contractor and that the
entire cost thereof amounts to Twelve Thousand Forty-one and
25/100 Dollars ($12,041.25), which sum is the total of the
following three components, to wit:
An advancement from the General Fund 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 Three Thousand Two Hundred Twelve and
14/100 Dollars ($3,212.14), which sum is properly recoverable from
the contractor, and Contract Items in the sum of Eight Thousand
Eight Hundred Twenty-three and 36./100 Dollars,($8,823.36), and
(3) Extra Work properly chargeable under the contract in the
sum of Five and 75/100 Dollars ($5.75); and
WHEREAS, it is necessary to provide for the levy of special
benefit assessments and for the preparation, execution, issuance
and delivery of Special Tax Bills evidencing said levy;
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
Twelve Thousand Forty-one and 25/100 Dollars ($12,041.25) are
hereby levied on all real property in Special Benefit Subdistrict
Number Five of The Metropolitan St. Louis Sewer District for the
entire cost of construction of lateral sewers to serve said
Subdistrict. Said sum shall be levied ratably by area upon the
lots or parcels of ground within said Subdistrict in the
proportion that the area each lot or parcel of ground bears to the
entire area within the boundaries of said Subdistrict.
Section Two. There are hereby authorized and ordered to be
prepared, issued, registered, recorded and delivered to the
aforesaid contractor 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
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The Metropolitan St. Louis Sewer District as provided by Ordinance
No. 97 adopted September 4, 1956 and said Bills shall mature at
the times and shall bear the rates of interest prescribed by said
Ordinance No. 97.
Section Three. The Executive Director, 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, certify and attest the same in accordance
with said Ordinance No. 97; 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 Three Thousand Two
Hundred Twelve and 14/100 Dollars ($3,212.14) heretofore advanced
from the General Fund of The Metropolitan St. Louis Sewer District
as a charge against the said Special Benefit Subdistrict Number
Five.
Section Four. The completion of the said lateral sewers and
the immediate need for the issuance and delivery of said Special
Tax Bills in payment thereof creates 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 September 4, 1956.