HomeMy Public PortalAbout00432 O R D I N A N C E NO. 432
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. 70
(College 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 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. 235, adopted on the 5th day of
March, 1959, did declare the necessity of an improvement
consisting of the construction of lateral sanitary sewers in an
area designated Special Benefit Subdistrict No. 70 (College
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
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. 70; and
(2) Did cause to be duly called and held a public
hearing at Jennings Junior High School, 8831 Cozzens Avenue,
Jennings, St. Louis County, Missouri, at the hour of 8:00 P. M. on
the 31st day of March, 1959, at which public hearing all persons
interested in such improvement were given an opportunity to be
heard; and
(3) By Resolution No. 238, adopted on the 9th day of
April, 1959, 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. 235; and pursuant to said
direction, plans and specifications for the improvement were
prepared and the Board of Trustees did approve the same on the
22nd day of October, 1959, and proper notice to contractors for
bids was published in the St. Louis Post-Dispatch on the 19th and
26th days of October and the 2nd day of November, 1959; and
(4) By Ordinance No. 344 adopted on the 27th day of
November, 1959, did confirm a contract with Karsten Equipment Co.,
as the lowest responsible bidder, pursuant to bids for
construction of such improvement received and opened on the 10th
day of November, 1959, 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 17th day of November, 1959; 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 Fifty Thousand One
Hundred One and 75/100 Dollars ($50,101.75), 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 Seven Thousand Six
Hundred Thirteen and 55/100 Dollars ($7,613.55), which sum is
properly recoverable from the contractor, and
(2) Contract items in the sum of Thirty-eight Thousand
Eight Hundred Twelve and 83/100 Dollars ($38,812.83) and
(3) Extra work properly chargeable under the contract
in the sum of Three Thousand Six Hundred Seventy-five and 37/100
Dollars ($3,675.37);
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
Fifty Thousand One Hundred One and 75/100 Dollars ($50,101.75) are
hereby levied on all land whether public or private but exclusive
of public streets, roads and alleys, in Special Benefit
4
Subdistrict Number 70 (College Avenue) of The Metropolitan St.
Louis Sewer District, as bounded in said Resolution No. 235. 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
the offices of the Director of Finance and of the Secretary-
5
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 Seven Thousand Six
Hundred Thirteen and 55/100 Dollars ($7,613.55) heretofore
advanced from the General Fund of The Metropolitan St. Louis Sewer
District as a charge against the said Special Benefit Subdistrict
No. 70 (College 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 28, 1960.