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HomeMy Public PortalAbout00330 O R D I N A N C E NO. 330 AN ORDINANCE levying special benefit assessments against all of the land benefited by the construction of sewers within the boundaries of Special Benefit Subdistrict No. 26 (Charjean Drive) 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. 114, adopted on the 18th day of March, 1957, did declare the necessity of an improvement consisting of the construction of lateral sanitary sewers in an area designated Special Benefit Subdistrict No. 26 (CharJean Drive) 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 2 assessments levied on all land benefited by such construction, whether public or private, exclusive of public streets, roads and alleys within such Special Benefit Subdistrict No. 26; and (2) Did cause to be duly called and held a public hearing at the Delhart School, 3597 Wismer, Overland, St. Louis County, Missouri, at the hour of 8:00 P.M. on the 4th day of April, 1957, at which public hearing all persons interested in such improvement were given an opportunity to be heard; and (3) By Resolution No. 120, adopted on the 8th day of April, 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. 114; and pursuant to said direction, plans and specifications for the improvement were prepared and the Board of Trustees did approve the same on the 12th day of February, 1959, and proper notice to contractors for bids was published in the St. Louis Post-Dispatch on the 30th day of March and the 6th and 13th days of April, 1959; and (4) By Ordinance No. 282 adopted on the 7th day of May, 1959, did confirm a contract with Latta Bridge Co., Inc., as the lowest responsible bidder, pursuant to bids for construction of such improvement received and opened on the 21st day of April, 1959, 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 28th day of 3 April, 1959; 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 Thirty-- Four Thousand Four Hundred Thirty-three and 14/100 Dollars ($234,433.14), which sum is the total of the following three components, to wit: (1) An advancement from the General Funds of The Metro- politan 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 Thirty Thousand Eight Hundred Twenty-five and 58/100 Dollars ($30,825.58), which sum is properly recoverable from the contractor, and (2) Contract items in the sum of One Hundred Eighty-- eight Thousand Nine Hundred Fifty-six and 33/100 ($188,956.33), and (3) Extra work properly chargeable under the contract in the sum of Fourteen Thousand Six Hundred Fifty-one and 23/100 Dollars ($14,651.23); 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 Two Hundred Thirty-four Thousand Four Hundred Thirty-three and 14/100 Dollars ($234,433,14) are hereby levied on all land whether 4 public or private but exclusive of public streets, roads and alleys, in Special Benefit Subdistrict Number 26 (Charjean Drive) of The Metropolitan St. Louis Sewer District, as bounded in said Resolution No. 114. Said levy is for the entire cost of construction of said improvement to serve said benefited area and said sum shall be levied ratably by area upon the lots or parcels of ground within said benefited area,whether public or private, in the proportion that the area each such lot or parcel of ground bears to the said entire benefited 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 5 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 wit delivery and prior to completion thereof, said contractor shall pay to The Metropolitan St. Louis Sewer District the aforesaid sum of Thirty Thousand Eight Hundred Twenty-five and 58/100 Dollars ($30,825.58) heretofore advanced from the General Fund of The Metropolitan St. Louis Sewer District as a charge against the said Special Benefit Subdistrict Number 26 (Charjean Drive). 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 on October 5, 1959. 6