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HomeMy Public PortalAbout00173 O R D I N A N C E NO. 173 AN ORDINANCE levying special benefit assessments against all of the real property benefitted by the construction of sewers within the boundaries of Special Benefit Subdistrict Number 27 (Kenneth 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. 122, adopted on the 17th day of June, 1957, did determine that an area to be known as Special Benefit Subdistrict Number 27 (Kenneth Avenue) of The Metropolitan St. Louis Sewer District could be improved by the construction of sanitary sewers therein and did provide that the cost of such construction shall be paid for by special tax bills or other evidence of special benefit 2 assessments levied upon all real property which shall be found to be benefitted by such construction, exclusive of public streets, roads and alleys within such benefitted area; and (2) Did cause to be duly called and held a public hearing at the home of Helen Schoenhoff, 9323 Kenneth Avenue, City of Olivette, St. Louis County, Missouri, at the hour of 8:00 P.M. on Tuesday, the 2nd day of July, 1957, at which public hearing all persons interested in such improvement were given an opportunity to be heard; and (3) By Resolution No. 130, adopted on the 10th day of July, 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. 122, and pursuant to said direction, plans and specifications for the proposed improvement were prepared and the Board of Trustees did approve the same on the 28th day of October, 1957, and proper invitation to contractors for bids was mailed to fifty contractors on the 24th day of October, 1957, pursuant to Ordinance No. 39 of the District; and (4) By Ordinance No. 165 adopted on the 12th day of November, 1957, did confirm a contract with the Richard E. Harder Contracting Company, as the lowest of responsible bidders, pursuant to bids received and opened on the 6th day 3 of November, 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 and that the entire cost thereof amounts to One Thousand Eight Hundred Ninety-six and 88/100 Dollars ($1,896.88), 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 Six Hundred Forty-five and 59/100 Dollars ($645.59), which sum is properly recoverable from the contractor, and (2) Contract items in the sum of One Thousand Fifty-Five and 40/100 Dollars ($1,055.40), and (3) Extra work properly chargeable under the contract in the sum of One Hundred Ninety-Five and 89/100 Dollars ($195.00) and WHEREAS, it is necessary to determine the area benefitted by said improvement and to provide for the levy of special benefit assessments on the lots or parcels of ground therein and for the preparation, execution, issuance and delivery 4 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 One Thousand Eight Hundred Ninety-Six and 88/100 Dollars ($1,896.88), are hereby levied on all real property in Special Benefit Subdistrict Number 27 (Kenneth Avenue) of The Metropolitan St. Louis Sewer District, which is hereby declared to be the area benefitted by the said improvement, for the entire cost of construction of sanitary sewers to serve said Subdistrict. Said sum shall be levied ratably by area upon which the lots or parcels of ground within said benefitted area in the proportion that the area each such lot or parcel of ground bears to said entire benefitted 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. 5 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 Six Hundred Forty- Five and 59/100 Dollars ($645.59) heretofore advanced from the General Fund of The Metropolitan St. Louis Sewer District as charge against the said Special Benefit Subdistrict Number 27 (Kenneth Avenue). Section Four. The completion of the said 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 January 13, 1958.