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
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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
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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
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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
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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.