HomeMy Public PortalAbout00336 O R D I N A N C E NO. 336
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. 42
(Lakewood Area) 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. 159, adopted on the 10th day of
February, 1958, did declare the necessity of an improvement
consisting of the construction of lateral sanitary sewers in an
area designated Special Benefit Subdistrict No. 42 (Lakewood Area)
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
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on all land benefited by such construction, whether public or
private, exclusive of public streets, roads and alleys within such
Special Benefit Subdistrict No. 42; and
(2) Did cause to be duly called and held a public
hearing at Heege Elementary School, 8001 Mackenzie Road, St.
Louis County, Missouri, at the hour of 8:00 P.M. on the 4th day of
March, 1958, at which public hearing all persons interested in
such improvement were given an opportunity to be heard; and
(3) By Resolution No. 164, adopted on the 10th day of
March, 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. 159; and pursuant to said
direction, plans and specifications for the improvement were
prepared and the Board of Trustees did approve the same on the
25th day of June, 1958, and proper notice to contractors for bids
was published in the St. Louis Post-Dispatch on the 6th, 13th, and
20th days of August, 1958; and
(4) By Ordinance No. 228 adopted on the 2nd day of
September, 1958, did confirm a contract with Crow Contracting
Corporation, as the lowest responsible bidder, pursuant to bids
for construction of such improvement received and opened on the
28th day of August, 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,
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on the 29th day of August, 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 Two Hundred Fifty-
three Thousand Eight Hundred Forty-three and 20/100 Dollars
($253,843.20), 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 engineer-
ing, inspection, preparation of plans and contracts, and other
costs of supervision, in the sum of Twenty-two Thousand Eight
Hundred Forty and 17/100 Dollars ($22,840.17), which sum is
properly recoverable from the contractor, and
(2) Contract items in the sum of Two Hundred Seven
Thousand Seven Hundred Twenty and 03/100 Dollars ($207,720.03),
and
(3) Extra work properly chargeable under the contract
in the sum of Twenty-three Thousand Two Hundred Eighty-three
Dollars ($23,283.00);
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
Two Hundred Fifty-three Thousand Eight Hundred Forty-three and
20/100 Dollars ($253,843.20) 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 No. 42 (Lakewood Area) of
The Metropolitan St. Louis Sewer District, as bounded in said
Resolution No. 159. 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 with delivery and prior to
completion thereof, said contractor shall pay to The Metropolitan
St. Louis Sewer District the aforesaid sum of Twenty-two Thousand
Eight Hundred Forty and 17/100 Dollars ($22,840.17) heretofore
advanced from the General Fund of The Metropolitan St. Louis Sewer
District as a charge against the said Special Benefit Subdistrict
No. 42 (Lakewood Area).
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.