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
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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
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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
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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
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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.
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The foregoing Ordinance was adopted September 23, 1957.