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
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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
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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
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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
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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.
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