HomeMy Public PortalAbout00279 O R D I N A N C E NO. 279
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. 61
(Kingwood) 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. 188, adopted on the 25th day of
June, 1958, did declare the necessity of an improvement consisting
of the construction of lateral sanitary sewers in an area
designated Special Benefit Subdistrict No. 61 (Kingwood) of The
Metropolitan St. Louis Sewer District, and did provide that the
entire cost of such improvement shall be paid for by special tax
bills or other evidence of special benefit assessments levied on
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all land benefitted by such construction, whether public or
private, exclusive of public streets, roads and alleys within such
Special Benefit Subdistrict No. 61; and
(2) Did cause to be duly called and held a public
hearing at the Heege Elementary School, 8001 Mackenzie Road, St.
Louis County, Missouri, at the hour of 8:00 P.M. on Thursday, the
17th day of July, 1958, at which public hearing all persons
interested in such improvement were given an opportunity to be
heard; and
(3) By Resolution No. 199, adopted on the 4th day of
August, 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. 188; and pursuant to
said direction, plans and specifications for the improvement were
prepared and the Board of Trustees did approve the same on the 2nd
day of October, 1958, and proper notice to contractors for bids
was published in the St. Louis Post-Dispatch on the 30th day of
October, 1958 and on the 6th, and 13th days of November, 1958; and
(4) By Ordinance No. 255 adopted on the 4th day of
December, 1958, did confirm a contract with Nash Construction
Company, as the lowest responsible bidder, pursuant to bids for
construction of such improvement received and opened on the 21st
day of November, 1958, which contract was formally executed by the
Contractor and by the Executive Director and the Secretary-
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Treasurer on behalf of The Metropolitan St. Louis Sewer District,
on the 2nd day of December, 1958.
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 Sixteen Thousand Four
Hundred Five and 28/100 Dollars ($16,405.28), 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 Two Thousand Two Hundred
Eighty-Five and 61/100 Dollars ($2,285.61), which sum is properly
recoverable from the contractor, and
(2) Contract items in the sum of Thirteen Thousand
Three Hundred Fifty-Three and 67/100 Dollars ($13,353.67), and
(3) Extra work properly chargeable under the contract
in the sum of Seven Hundred Sixty-Six and no/100 Dollars
($766.00);
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
Sixteen Thousand Four Hundred Five and 28/100 Dollars ($16,405.28)
are hereby levied on all land whether public or private but
exclusive of public streets, roads and alleys, in Special Benefit
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Subdistrict No. 61 (Kingwood) of The Metropolitan St. Louis Sewer
District, as bounded in said Resolution No. 188. 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 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
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-
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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 Two Thousand Two
Hundred Eighty five and 61/100 Dollars ($2,285.61) heretofore
advanced from the General Fund of The Metropolitan St. Louis Sewer
District as a charge against the said Special Benefit Subdistrict
No. 61 (Kingwood).
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.
The foregoing Ordinance was adopted April 30, 1959.