HomeMy Public PortalAbout00574 O R D I N A N C E NO. 574
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. 67 (Signal Hill) 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. 332, adopted on the 5th day of
August, 1960, did declare the necessity of an improvement con-
sisting of the construction of lateral sanitary sewers in an area
designated Special Benefit Subdistrict No. 67 (Signal Hill) 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. 67; and
(2) Did cause to be duly called and held a public hear-
ing at the Cool Valley School, 1351 South Florissant, Cool Valley,
St. Louis County, Missouri, at the hour of 8:00 P.M. on the 29th
day of August, 1960, at which public hearing all persons interest-
ed in such improvement were given an opportunity to be heard; and
(3) By Resolution No. 337, adopted on the 15th day of
September, 1960, did determine that it is in the public interest
that such improvement be made, and did direct that The Metro-
politan St. Louis Sewer District proceed with the said improvement
according to the provisions of said Resolution No. 332; and
pursuant to said direction, plans and specifications for the
improvement were prepared and the Board of Trustees did approve
the same on the 15th day of September, 1960, and proper notice to
contractors for bids was published in the St. Louis Post-Dispatch
on the 28th day of September and the 5th and 12th days of October,
1960; and
(4) By Ordinance No. 461 adopted on the 27th day of
October, 1960, did confirm a contract with Nash Contracting
Company, as the lowest responsible bidder, pursuant to bids for
construction of such improvement received and opened on the 20th
day of October, 1960, which contract was formally executed by the
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Contractor and by the Executive Director and the Secretary-
Treasurer on behalf of The Metropolitan St. Louis Sewer District,
on the 26th day of October, 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 Fifty-one Thousand
Four Hundred Ninety-five and 62/100 Dollars ($51,495.62), which
sum is the total of the following three 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 Eight Thousand Five Hundred Thirteen
and 58/100 Dollars ($8,513.58), which sum is properly recoverable
from the contractor, and
(2) Contract items in the sum of Forty-two Thousand
Seven Hundred Twenty-three and 89/100 Dollars ($42,723.89), and
(3) Extra work properly chargeable under the contract
in the sum of Two Hundred Fifty-eight and 25/100 Dollars
($258.25);
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-one Thousand Four Hundred Ninety-five and 62/100 Dollars
($51,495.62) 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 No. 67 (Signal Hill) of The Metro-
politan St. Louis Sewer District, as bounded in said Resolution
No. 332. 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 Eight Thousand Five
Hundred Thirteen and 58/100 Dollars ($8,513.58) heretofore
advanced from the funds of The Metropolitan St. Louis Sewer
District as a charge against the said Special Benefit Subdistrict
No. 67 (Signal Hill).
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.
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The foregoing Ordinance was adopted June 15, 1961.