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HomeMy Public PortalAbout00159 O R D I N A N C E NO. 159 AN ORDINANCE levying special benefit assessments against all of the real property benefited by the construction of sewers within the boundaries of Special Benefit Subdistrict Number 17 (Edna Avenue) 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. 115, adopted on the 18th of March, 1957, did determine that an area to be known as Special Benefit Subdistrict Number 17 (Edna Avenue) of The Metropolitan St. Louis Sewer District could be improved by the construction of storm sewers therein and did provide that the costs of such construction shall be paid for by special tax bills or other evidence of special benefit assessments levied upon all real 2 property which shall be found to be benefited by such con- struction; and (2) Did cause to be duly called and held a public hearing of all persons found to be within the area of such improvement at Our Lady of Mount Carmel School, Annetta and Veronica Avenues, St. Louis County, Missouri, at 8:30 P.M. on the 9th day of April, 1957 to ascertain whether it would be in the public interest that such improvement be made, at which public hearing those present voted in favor of the same; and (3) By Resolution No. 121, adopted on the 15th day of April, 1957, 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. 115, and pursuant to said direction, plans and specifications for the said improvement were prepared and the Board of Trustees did approve the same on the 17th day of April, 1957, and proper notice to contractors for bids was published in the St. Louis Post-Dispatch on the 6th, 13th and 20th days of May, 1957; and (4) By Ordinance No. 133, adopted on the 4th day of June, 1957, did confirm a contract with the Nash Contracting Company, as the lowest of responsible bidders, pursuant to bids received and opened on the 28th day of May, 1957, and signed by the Contractor and by the Executive Director and the Secretary- Treasurer on behalf of The Metropolitan St. Louis Sewer District 3 for construction of said 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 and that the entire cost thereof amounts to Nineteen Thousand Five Hundred Thirty-one and 20/100 Dollars ($19,531.20), 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 Five Thousand Eight Hundred Eighty-eight and 11/100 Dollars ($5,888.11), which sum is properly recoverable from the contractor, and Contract items in the sum of Thirteen Thousand Six Hundred Fourteen and 39/100 Dollars ($13,614.39), and Extra work properly chargeable under the contract in the sum of Twenty-eight and 70/100 Dollars ($28.70); and WHEREAS, it is necessary to determine the area bene- fited by said improvement and to provide for the levy of special benefit assessments on the lots or parcels of ground therein and to provide 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 4 Nineteen Thousand Five Hundred Thirty-one and 20/100 Dollars ($19,531.20), are hereby levied on all real property lying within the boundaries of said Special Benefit Subdistrict Number 17 (Edna Avenue) of The Metropolitan St. Louis Sewer District as delineated in said Resolution No. 115, which is hereby determined to be the area benefited by said improvement. Said levy is for the entire cost of construction of said improvement. Said sum shall be levied ratably by area upon the lots or parcels of ground within said benefited area, exclusive of public streets, roads and alleys, in the proportion that the area each such lot or parcel of ground bears to the said entire area, 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 5 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 or of the City of St. Louis, Missouri, as appropriate; 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 Five Thousand Eight Hundred Eighty-eight and 11/100 Dollars ($5,888.11) heretofore advanced from the General Fund of The Metropolitan St. Louis Sewer District as a charge against the said Special Benefit Subdistrict Number 17 (Edna Avenue). Section Four. The completion of the said storm 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. 6 The foregoing Ordinance was adopted September 23, 1957.