HomeMy Public PortalAbout00270 O R D I N A N C E NO. 270
AN ORDINANCE repealing Ordinance No. 267, 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. 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 in 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 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 designated Special Benefit Subdistrict No. 40 (North and
South Road and Jefferson Avenue) of The Metropolitan St. Louis
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Sewer District, and did provide that the entire cost of such
improvement shall 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 than 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 6th 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 Sub-
district by said Ordinance No 267; 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 Fourteen
Thousand Eight Hundred Forty-seven and 15/100 Dollars
($214,847.15), 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 Thousand Seven
Hundred Twelve and 65/100 Dollars ($20,712.65), 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
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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
OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT:
Section One. Ordinance No. 267, as adopted March 5,
1959, is hereby repealed and this ordinance is adopted in lieu
thereof.
Section Two. Special benefit assessments in the sum of
Two Hundred Fourteen Thousand Eight Hundred Forty-seven and 15/100
Dollars ($214,847.15) are hereby levied on all land whether public
or private but exclusive of public streets roads and alleys, in
Special Benefit Subdistrict Number 40 (North and South Road and
Jefferson Avenue) of 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 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
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performed under said contract, Special Tax Bills evidencing the
levy of the special benefit assessments provided in Section Two
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 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 Twenty Thousand
Seven Hundred Twelve and 65/100 Dollars ($20,712.65) 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 Five. The completion and acceptance of the said
improvement and the immediate need for the issuance and delivery
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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.
The foregoing Ordinance was adopted March 19, 1959.