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HomeMy Public PortalAbout00124 O R D I N A N C E NO. 124 AN ORDINANCE levying special benefit assessments against all of the real property within the boundaries of Special Benefit Subdistrict Number Seven (McDermott's Subdivision of Barracks Heights) 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. 36, adopted on the 31st of October, 1955, did create and delineate the boundaries of Special Benefit Subdistrict Number Seven (McDermott's Subdivision of Barracks Heights) of The Metropolitan St. Louis Sewer District for the construction of lateral sanitary 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 the Old English Lodge, 2747 Telegraph Road, St. Louis County, Missouri, at the hour of 8:00 P.M. on Wednesday, the 23rd day of November, 1955, at which public hearing those present voted in favor of the same; and At a meeting of the said Board of Trustees held on the 5th day of December, 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. 36, and pursuant to said direction, proper notice to contractors for bids was published in the St. Louis Post-Dispatch and in the St. Louis Globe-Democrat on the 26th day of December, 1956, and on the 2nd and 9th days of January, 1957; and By Ordinance No. 114, adopted on January 24, 1957, did confirm a contract with the Henry B. Braun, Jr. Excavating Company, as the lowest of responsible bidders, pursuant to bids received and opened on the 17th day of January, 1957, 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 construction of said lateral sanitary sewers is hereby accepted upon the Executive Director's determination that said sewers have been completed satisfactorily by the contractor and that the entire cost thereof amounts to 3 Fifteen Thousand Five Hundred Sixty-nine and 66/100 Dollars ($15,569.66), which sum is the total of the following three components, to wit: (1) 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 supervision, in the sum of Three Thousand Seven Hundred Sixty-nine and 49/100 Dollars ($3,769.49), which sum is properly recoverable from the contractor, and (2) Contract items in the sum of Eleven Thousand Five Hundred Forty-eight and 07/100 Dollars ($11,548.07), and Extra work properly chargeable under the contract in the sum of Two Hundred Fifty-two and 10/100 Dollars ($252.10); 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 Fifteen Thousand Five Hundred Sixty-nine and 66/100 Dollars ($15,569.66), are hereby levied on all real property in said Special Benefit Subdistrict Number Seven (McDermott's Subdivision of Barracks Heights) of The Metropolitan St. Louis Sewer District for the entire cost of construction of lateral sanitary sewers to serve said Subdistrict. Said sum shall be levied ratably by area 4 upon the lots or parcels of ground within said Subdistrict, exclusive of public streets and alleys, 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 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. 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 Seven 5 Hundred Sixty-nine and 49/100 Dollars ($3,769.49) heretofore advanced from the General Fund of The Metropolitan St. Louis Sewer District as a charge against the said Special Benefit Subdistrict Number Seven (McDermott's Subdivision of Barracks Heights). Section Four. The completion of the said lateral sanitary 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 upon and after its passage. The foregoing Ordinance was adopted April 29, 1957.