HomeMy Public PortalAbout00398 O R D I N A N C E NO. 398
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. 59
(Lithia Avenue) 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 Section 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. 135, adopted on the 9th 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. 59 (Lithia Avenue) 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 benefitted by such construction, whether public or
private, exclusive of public streets, roads and alleys within such
Special Benefit Subdistrict No. 59; and
(2) Did cause to be duly called and held a public
hearing at First Baptist Church of Webster Groves, 159 East
Kirkham Avenue, in the City of Webster Groves, St. Louis County,
Missouri, at the hour of 8:00 P.M. on the 7th day of July, 1953,
at which public hearing all persons interested in such improvement
were given an opportunity to be heard; and
(3) By Resolution No. 197, adopted on the 21st day of
July, 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. 185; and pursuant to said
direction, plans and specifications for the improvement were
prepared and the Board of Trustees did approve the same on the
30th day of April, 1959, and proper notice to contractors for bids
was published in the St. Louis Globe Democrat on the 12th, 19th,
and 26th days of January, 1960; and
(4) By Ordinance No. 373, adopted on the 11th day of
February, 1960, 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 3rd
day of February, 1960, 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 8th day of February, 1960; 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 Five Thousand Nine
Hundred Sixty-Seven and 35/100 Dollars ($5,967.35), 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 One Thousand Sixty-four
and 33/100 Dollars ($1,064.33), which sum is properly recoverable
from the contractor, and
(2) Contract items in the sum of Four Thousand Eight
Hundred Sixty-eight and 02/100 Dollars ($4,363.02), and
(3) Extra work properly chargeable under the contract
in the sum of Thirty-five and no/100 Dollars ($35.00);
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
Five Thousand Nine Hundred Sixty-seven and 35/100 Dollars
($5,967.35) are hereby levied on all land whether public or
private but exclusive of public streets, roads and alleys, in
Special Benefit Subdistrict No. 59 (Lithia Avenue) of The
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Metropolitan St. Louis Sewer District, as bounded in said
Resolution No. 185. 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 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 One Thousand Sixty-
four and 33/100 Dollars ($1,064.33) heretofore advanced from the
General Fund of The Metropolitan St. Louis fewer District as a
charge against the said special Benefit Subdistrict No. 59 (Lithia
Avenue).
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 passed on July 17, 1960.