HomeMy Public PortalAbout00487 O R D I N A N C E NO. 487
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. 58 (Ennis
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. 184, adopted on the 21st day of
July, 1958, did declare the necessity of an improvement consisting
of the construction of lateral sanitary sewers in an area
designated Special Benefit Subdistrict No. 58 (Ennis 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
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. 58; and
(2) Did cause to be duly called and held a public
hearing at the First Baptist Church of Webster Groves, 159 East
Kirkham Avenue, Webster Groves, St. Louis County, Missouri, at the
hour of 8:00 P.M. on the 2nd day of July, 1958, at which public
hearing all persons interested in such improvement were given an
opportunity to be heard; and
(3) By Resolution No. 196, 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. 184; and pursuant to said
direction, plans and specifications for the improvement were
prepared and the Board of Trustees did approve the same on the
10th day of May, 1960, and proper notice to contractors for bids
was published in the St. Louis Post-Dispatch on the 12th, 19th,
and 26th days of May, 1960; and
(4) By Ordinance No. 414 adopted on the 16th day of
June, 1960, did confirm a contract with W. A. Blue Construction
Company, as the lowest responsible bidder, pursuant to bids for
construction of such improvement received and opened on the 3rd
day of June, 1960, 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 13th day of June, 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 Twenty-one Thousand
Four Hundred Ninety-eight and 05/100 Dollars ($21,498.05), which
sum is the total of the following two components, to wit:
(1) An advancement from the 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 Two Thousand Five Hundred Seventy-five
and 44/100 Dollars ($2,575.44), which sum is properly recoverable
from the contractor, and
(2) Contract items in the sum of Eighteen Thousand Nine
Hundred Twenty-two and 61/100 ($18,922.61);
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
Twenty-one Thousand Four Hundred Ninety-eight and 05/100 Dollars
($21,498.05) are hereby levied on all land whether public or
private but exclusive of public streets, roads and alleys, in
Special Benefit Subdistrict No. 58 (Ennis Avenue) of The
Metropolitan St. Louis Sewer District, as bounded in said
Resolution No. 184. Said levy is for the entire cost of
4
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-
Treasurer; to cause the same to be recorded in the office of the
Recorder of Deeds of St. Louis County, Missouri; and thereupon to
5
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 Two Thousand Five
Hundred Seventy-five and 44/100 Dollars ($2,575.44) heretofore
advanced from the funds of The Metropolitan St. Louis Sewer
District as a charge against the said Special Benefit Subdistrict
No. 58 (Ennis 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 December 22, 1960.