HomeMy Public PortalAbout00334 O R D I N A N C E NO. 334
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. 37 (East
Iveland) 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. 143, adopted on the 26th day of
August, 1957, did declare the necessity of an improvement
consisting of the construction of lateral sanitary sewers in an
area designated Special Benefit Subdistrict No. 37 (East Iveland)
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
2
on all land benefited by such construction, whether public or
private, exclusive of public streets, roads and alleys within such
Special Benefit Subdistrict No. 37; and
(2) Did cause to be duly called and held a public
hearing at the Iveland School, 1836 Dyer, Overland, St. Louis
County, Missouri, at the hour of 8:00 P.M. on the 24th day of
September, 1957, at which public hearing all persons interested in
such improvement were given an opportunity to be heard; and
(3) By Resolution No. 148, adopted on the 30th day of
September, 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.
143; and pursuant to said direction, plans and specifications for
the improvement were prepared and the Board of Trustees did
approve the same on the 21st day of July, 1958, and proper notice
to contractors for bids was published in the St. Louis Post-
Dispatch on the 27th day of October, and the 3rd and 10th days of
November, 1958; and
(4) By Ordinance No. 253 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 18th
day of November, 1958, which contract was formally executed by the
Contractor and by the Executive Director and the Secretary-
3
Treasurer on behalf of The Metropolitan St. Louis Sewer District,
on the 24th day of November, 1958; 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 Ninety-nine Thousand
One Hundred Seventy-five and 45/100 Dollars ($99,175.45), 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 Thirteen Thousand Eleven
and 52/100 Dollars ($13,011.52), which sum is properly recoverable
from the contractor, and
(2) Contract items in the sum of Eighty-two Thousand
Fifty-seven and 73/100 Dollars ($82,057.73), and
(3) Extra work properly chargeable under the contract
in the sum of Four Thousand One Hundred Six and 20/100 Dollars
($4,106.20);
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
Ninety-nine Thousand One Hundred Seventy-five and 45/100 Dollars
($99,175.45) are hereby levied on all land whether public or
private but exclusive of public streets, roads and alleys, in
4
Special Benefit Subdistrict No. 37 (East Iveland) of The Metro-
politan St. Louis Sewer District, as bounded in said Resolution
No. 143. 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
with said Ordinance No. 97; to cause the same to be registered in
5
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 Thirteen Thousand
Eleven and 52/100 Dollars ($13,011.52) heretofore advanced from
the General Fund of The Metropolitan St. Louis Sewer District as a
charge against the said Special Benefit Subdistrict No. 37 (East
Iveland).
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 October 22, 1959.