HomeMy Public PortalAbout00267SEE ORD. NO. 270 - 3/19/59
O R D I N A N C E NO. 267
AN ORDINANCE levying special benefit assessments
against all of the land benefitted by the construction of sewers
within the boundaries of Special Benefit Subdistrict No. 40 (North
and South Road and Jefferson 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. 154, adopted on the 25th day of
November, 1957, did declare the necessity of an improvement
consisting of the construction of lateral sanitary sewers in an
area Ord. No. 267 designated Special Benefit Subdistrict No. 40
(North and South Road and Jefferson Avenue) of The Metropolitan
St. Louis Sewer District, and did provide that the entire cost of
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such improvement shall be paid for by special tax bills or other
evidence of special benefit assessments levied on all land
benefitted by such construction, whether public or private,
exclusive of public streets, roads and alleys within such Special
Benefit Subdistrict No. 40; and
(2) Did cause to be duly called and held a public
hearing at St. Rita's Church, 1738 North and South Road, City of
Vinita Park, St. Louis County, Missouri, at the hour of 8:00 P.M.
on the 18th day of December, 1957, at which public hearing all
persons interested in such improvement were given an opportunity
to be heard; and
(3) By Resolution No. 157, adopted on the 6th day of
January, 1958, 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.
154; and pursuant to said direction, plans and specifications for
the improvement were prepared and the Board of Trustees did
approve the same on the 26th day of May, 1958, and proper notice
to contractors for bids was published in the St. Louis Post
Dispatch on the 26th day of May and the 2nd and 9th days of June,
1958; and
(4) By Ordinance No. 207 adopted on the 25th day of
June, 1958, did confirm a contract with the Crow Contracting
Corporation, as the lowest responsible bidder, pursuant to bids
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for construction of such improvement received and opened on the
17th day of June, 1958, which contract was formally executed by
the Contractor and by the Executive Director and the Secretary-
Treasurer on behalf of The Metropolitan St. Louis Sewer District,
on the 20th day of June, 1958; 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 Two Hundred Eighteen
Thousand Three Hundred Eighty-six and 91/100 Dollars
($218,386.91), which sum is the total of the following three
components, to wit:
(1) An advancement from the General Funds 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 Twenty-four Thousand Two
Hundred Fifty-two and 41/100 Dollars ($24,252.41), which sum is
properly recoverable from the contractor, and
(2) Contract items in the sum of One Hundred Seventy-
six Thousand Eight Hundred Fifty-seven and 78/100 Dollars
($176,857.78), and
(3) Extra work properly chargeable under the contract
in the sum of Seventeen Thousand Two Hundred Seventy-six and
72/100 Dollars ($17,276.72);
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES
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OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT:
Section One. Special benefit assessments in the sum of
Two Hundred Eighteen Thousand Three Hundred Eighty-six and 91/100
Dollars ($218,386.91) are hereby levied on all land whether public
of private but exclusive of public streets, roads and alleys, in
Special Benefit The Metropolitan St. Louis Sewer District, as
bounded in said Resolution No. 154. Said levy is for the entire
cost of construction of said improvement to serve said benefitted
area and said sum shall be levied ratably by area upon the lots or
parcels of grounds within said benefitted area, whether public or
private, in the proportion that the area such lot or parcel of
ground bears to the 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.
Section Three. The Executive Director, the Director of
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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 Twenty-four Thousand
Two Hundred Fifty-two and 41/100 Dollars ($24,252.41) heretofore
advanced from the General Fund of The Metropolitan St. Louis Sewer
District as a charge against the said Special Benefit Subdistrict
No. 40 (North and South Road and Jefferson Avenue).
Section Four. The completion and acceptance of the
said improvement and the immediate need for the issuance and
delivery of said Special Tax Bills in payment thereof create 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 gas adopted March 5, 1959.