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HomeMy Public PortalAbout00147 O R D I N A N C E NO. 147 AN ORDINANCE levying special benefit assessments against all of the real property within the boundaries of Special Benefit Subdistrict Number 11 (Shanridge) 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. 74, adopted on the 16th day of July, 1956, did create and delineate the boundaries of Special Benefit Subdistrict Number 11 (Shanridge) 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 2 hearing of all persons interested in such improvement at the residence of Alfred G. Jesky, 2464 Shannon Avenue, St. Louis County, Missouri, at the hour of 8:00 P.M. on Monday, the 6th day of August, 1956, at which public hearing those present voted in favor of the same; and (3) At a meeting of the said Board of Trustees held on the 13th day of August, 1956 , 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. 74, and pursuant to said direction, plans and specifications for the proposed improvement were prepared and the Board of Trustees did approve the same March 25, 1957, and proper notice to contractors for bids was published in the St. Louis Post-Dispatch on the 8th, 15th, 22nd and 29th days of April, 1957. (4) By Ordinance No. 129 adopted on May 6, 1957, did confirm a contract with the Dan Foutes Company, as the lowest of responsible bidders, pursuant to bids received and opened on the 30th day of April, 1957, and signed by the Contractor and by the Executive Director and the Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District, for construction of such improvement; 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 3 and that the entire cost thereof amounts to Five Thousand Thirteen and 28/100 Dollars ($5,013.28), 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 One Thousand Two Hundred Eighty-eight and 52/100 Dollars ($1,288.52), which sum is properly recoverable from the contractor, and (2) Contract items in the sum of Three Thousand Five Hundred Ninety-one and 65/100 Dollars ($3,591.65), and (3) Extra work properly chargeable under the contract in the sum of One Hundred Thirty-three and 13/100 Dollars ($133.13), 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 Five Thousand Thirteen and 28/100 Dollars ($5,013.28) are hereby levied on all real property exclusive of public streets, roads and alleys in Special Benefit Subdistrict Number 11 (Shanridge) of The Metropolitan St. Louis Sewer District for the entire cost of construction of said improvement to serve said Subdistrict. Said 4 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, exclusive of public 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 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; 5 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 One Thousand Two Hundred Eighty-eight and 52/100 Dollars ($1,288.52) heretofore advanced from the General Fund of The Metropolitan St. Louis Sewer District as a charge against the said Special Benefit Subdistrict Number 11 (Shanridge). 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 from and after its passage. 6 The foregoing Ordinance was adopted 8/7/57.