HomeMy Public PortalAbout00458 O R D I N A N C E NO. 458
AN ORDINANCE levying special benefit assessments
against all of the land benefited by the construction
of sewers within the boundaries of Special Benefit Sub-
district No. 51 (Deane Court) 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. 175, adopted on the 9th day of
May, 1958, did declare the necessity of an improvement consisting
of the construction of lateral sanitary sewers in an area
designated Special Benefit Subdistrict No. 51 (Deane Court) of The
Metropolitan St. Louis Sewer District, and did provide that the
entire cost of such improvement shall be paid for by special tax
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bills or other evidence of special benefit 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. 51; and
(2) Did cause to be duly called and held a public
hearing at The Watson School, 9820 East Watson Road, St. Louis
County, Missouri, at the hour of 8:00 P.M. on the 3rd day of June,
1958, at which public hearing all persons interested in such
improvement were given an opportunity to be heard; and
(3) By Resolution No. 187, 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. 175; 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 July, 1959, and proper notice to contractors for bids
was published in the St. Louis Globe-Democrat on the
13th, 20th, and 27th days of April, 1960; and
(4) By Ordinance No. 393 adopted on the 10th day of
May, 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 5th
day of May, 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 10th day of May, 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 Forty-two Thousand
Nine Hundred Three and 76/100 Dollars ($42,903.76), which sum is
the total of the following three components, to wit:
(1) An advancement from the General Fund of The
Metropolitan St. Louis Sewer District to cover the expense of
engineering, inspection, preparation of plans and contracts, other
costs of supervision, and connection fees, in the sum of Twelve
Thousand Seven Hundred Thirty-three and 21/100 Dollars
($12,733.21), which sum is properly recoverable from the
contractor, and
(2) Contract items in the sum of Twenty-six Thousand Nine
Hundred Twenty-nine and 27/100 Dollars ($26,929.27), and
(3) Extra work properly chargeable under the contract in the
sum of Three Thousand Two Hundred Forty-one and 28/100 Dollars
($3,241.28);
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
Forty-two Thousand Nine Hundred Three and 76/100 Dollars
($42,903.76) are hereby levied on all land whether public or
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private but exclusive of public streets, roads and alleys, in
Special Benefit Subdistrict Number 51 (Deane Court) of the
Metropolitan St. Louis Sewer District, as bounded in said
Resolution No. 175. Said levy is for the entire cost 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
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 Twelve Thousand
Seven Hundred Thirty-three and 21/100 Dollars ($12,733.21)
heretofore advanced from the General Fund of The Metropolitan St.
Louis Sewer District as a charge against the said Special Benefit
Subdistrict No. 51 (Deane Court).
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 20, 1960.
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