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
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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
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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
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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.
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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.
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The foregoing Ordinance was adopted January 13, 1958.