HomeMy Public PortalAbout00269 O R D I N A N C E NO. 269
AN ORDINANCE repealing Ordinance No. 266, as adopted
March 5, 1959, and enacting a new ordinance on the same subject in
lieu thereof levying special benefit assessments against all of
the land benefitted by the construction of sewers within the
boundaries of Special Benefit Subdistrict No. 39 (North and South
Road) of The Metropolitan St. Louis Sewer District; directing
issuance of Special Tax Bills evidencing said levy; setting out
tile 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 Plane 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. 153, adopted on the 25th day of
November, 1957, did declare the necessity of an improvement
consisting of the construction of sub-trunk sanitary sewers in an
area designated Special Benefit Subdistrict No. 39 (North & South
Road) of The Metropolitan St. Louis Sewer District, and did
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provided that the entire cost of such improvement shall be paid
for by special tax bill or other evidence of special benefit
assessments levied on all land benefit by such construction,
whether public or private, exclusive of public streets, roads and
alleys within such Special Benefit Subdistrict No. 39; 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.
an 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. 156, 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.
153; 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, through inadvertence the cost of said
improvement was incorrectly assessed against the land in said
Subdistrict by said Ordinance No. 266; 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 Eighteen Thousand Six
Hundred Eighty-two and 36/100 Dollars ($18,682.36), which sum is
the total of the following two 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 Twelve Thousand Eight
Hundred Seven and 18/100 Dollars ($12,807.18), which sum is
properly recoverable from the contractor, and
(2) Contract items in the sum of Five Thousand Eight
Hundred Seventy-five and 18/100 ($5,875.18);
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES
OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT:
Section One. Ordinance No. 266, as adopted March 5,
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1959, is hereby repealed and this ordinance is adopted in lieu
thereof.
Section Two. Special benefit assessments in the sum of
Eighteen Thousand Six Hundred Eighty-two and 36/100 Dollars
($18,682.36) are hereby levied on all land whether public or
private but exclusive of public streets, roads and alleys, in
Special Benefit Subdistrict Number 39 (North and South Road) of
The Metropolitan St. Louis Sewer District, as bounded in said
Resolution No. 153. 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 ground within said benefitted area, whether public or private,
in the proportion that the area each such lot or parcel of ground
bears to the said entire benefitted area, exclusive of public
streets, roads and alleys.
Section Three. 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
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prescribed by said Ordinance No. 97.
Section Four. 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 Twelve Thousand
Eight Hundred Seven and 18/100 Dollars ($12,807.18) heretofore
advanced from the General Fund of The Metropolitan St. Louis Sewer
District as a charge against the said Special Benefit Subdistrict
No. 39 (North and South Road).
Section Five. 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 was adopted March 19, 1959.