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HomeMy WebLinkAboutCommForm.1969.03-02-1959COMMISSION FORM ORDINANCE NO. 1410 AN ORDINANCE ADOPTING PLANS AND SM CIFICATIONS FOR THE CONSTRUCTION OF A SYSTEM OF SANITARY 'TRS SEGEIRS TO BE USED IN THE DISPOSAL OF SANITARY SEWAGE IN = TERRITORY DEFINED AS SEWER DISTRICT NO. 12 L , A SUBDIVISION OF SEWER: DISTRICT NO.. 12 , IN THE CITY OF CAPE GIRARDEAU., MISSOURI, PARTICULARLY DESCRIBED IN COMATISSION FORM ORDINANCE NO. 191+2, OF THE CITY OF CAEE GIRARDEAU, MISSOURI, PASSED AND APPROVED ON THE 25TH DAY (F AUGUST, 1958, SAID PIANS AND SPECIFICATIONS HAVING PREVIOUSLY BEEN PREPARED BY TBE CITY ENGINEER, PREVIOUSLY SUBMITTED TO THE COUNCIL, ADOPTING THE ESTIM1FITE 0? SAID ENGINEER FOR, THE COST OF CONSTRUCTING TRUNK SEWERS IN SAID SEWER. DISTRICT NO, 12 LAND ORDERING CONSTRUCTION Oi SAID SYSTEM OF TRUNK SEWERS IN SAID DISTRICT IN ACCORI3ANCE WITH SAID PLANS, SPECIFICATIONS AND ESTrATE CF COST, A.UTHCR IZING THE CITY ATTORNEY TO NEGOTIATE FOR RIGHT OF WAY AND ESSEMENTS OVER VARIOUS TRACTS AND PARCELS OF IAND-NECESSARY FOR THE CONSTRUCTION OF SAID SEWER SYSTEM, AND AUTHORIZING THE INSTITUTION OF CONDEMNATION SUITS IF NECESSARY TO ACQUIRE THE NECESSARY RIGHT OF WAY AND GROUND ADJOINING SAID RIGHT OF WAY F(R WORKING ROOM, PROVIDING FOR LETTING THE CONTRACT FOR THE WORK (F CONSTRUCTION OF SAID. SYSTEM OF TRUNK SEWERS, DIRECTaJG THAT SAID SEWERS BE ''AID FOR BY THE ISSUANCE OF SIECTAL TAY BILLS TO BE APPORTIONED AND CHARGED AGAINST THE LOTS AND TRACTS OF LAND EMBRACED WITHIN SAID SYSTE14 0? TRUNK SEWERS IN SAID SEWER DISTRICT NO. 12 L, AS DESCRIBED IN SAID PIANS AND SPECIFICATIONS, EXCLUSIVE OF PUBLIC -.HIGHWAYS, STREETS, ALIEYS AND PUBLIC PROPERTY EXCEPT AS PROVIDED IN SAID PLANS AND SPECIFICATIONS, AND DIRECTING THAT SAID TAX BILLS BE ISSUED ACCORDING TO LAW AND CONTAINING AN EMERGENCY CLAUSE. SAS, the said Council having been heretofore duly authorized by the vote of the people of the City at an election held for that purpose, passed and approved Commission Form Ordinance No. 19,,„2, on the 25th day of August, 1958, by the terms of which ordinance the territory embraced within the City of Cape Girardeau, Missouri, was subdivided -into thirteen sewer districts, namely Sewer Districts No. Z, 2, 39 4, 59 69 79 89 9, 10, 11, 12, and 13, inclusive, atd WHEREAS, the council deems and declares it necessary that a system of sanitary trunk sewers be constructed in Sewer District No. 12 L a subdivision of Sewer District No. 12 , without delay, in order that the sanitary conditions existing in said territory be improved, and WHEREAS, the City Council has previously ordered the City Engineer to prepare detailed plans, specifications and estimate of cost for the construction of said t sewers in said Sewer District No, 12 L , and said plans, specifications and estimate of cast have been by said Engineer prepared and submitted to the Council for aprroval, NOW THEREFORE, BE IT ORDAINED BY . THE CITY COUNCIL OF THE CITY OF CAPE %nURDEAU, MISSOURI, AS FOLLOWS SECTION 1. The Council hereby deems and declares that a public necessity exists for the construction and maintenance of a system of sanitary sewers in Sewer District No. 12 L , a subdivision of Sewer District No. as defined in Commission Form Ordinance No. 1942, passed and approved on the 25th day of August, 1958, and it hereby further declares that all: of the land embraced within the territory lying within said Sewer District No. 12 L as described in the plans, specifications and estimate of cost prepared by the City Engineer and previously submitted to the Council, will, exclusive of public highways, streets and alleys not designated by said plans, specifications and estimate of cost as benefitted thereby, be benefitted by the construction of such sewers as hereinafter provided for in Sewer District No. 12 L That the boundaries of said Sewer District No, 12 L shall be as follows: 1. Begin at the S.W. corner of lot 4, R. L. Wilson's Subdivision of Outlot 74, in U. S. Private Survey A. 2199; thence E. along the S. line of lot 4, 1060.7 ft. to a point from which point the center line of Perryville Road bears S. 811 E., 479.1 ft.; thence N. 90 E., 143 ft. to the S. line of La Wanda Drive; thence E. along the S. line of La. Wanda Drive 80 ft. to a point, from which point the center line of Perryville Road bears S. 810 E-2 350 ft.; thence in a N.E. direction 42.4 ft. to a point on the N. line of A Wanda Drive, from which point the center line of Terryville Road bears S. 81' E., 335 ft.; thence N. 90 E., 101 ft. to a point, from which point the center line of Perryville Road bears S. 811 E., 299.6 ft.; thence S. 810 E., to a point from which point the center line of Perryvil3e Road bears S. 811 E., 215 ft.; thence North 76.5 ft.; thence N. 810 W., 7.5 ft.; thence N. 80 E.2 77.6 ft. to the S. line of Georgia St., from which point the center line of Terryville Road bears S. 811 E., 179.9 ft.; thence N. 90 E., 160.4 ft.; thence S. 810 E., 1230 ft. to the center line of Perryville Road and the West line of. Sever District No. 7; thence A along the center line of Terryville Road and with said sewer.distriet line to the N.W. corner of a tract of land described in a deed recorded in Book 116 at page 356, in the land records of Cape Girardeau County, Ussouri; thence N. 820 201 E., 360 ft.; thence along the line of Sewer District No. 7, in a A E. direction to a point on the E. line of Outlot 11, 30 feet S. of the N. E. corner of Outlot 74; thence N. along the E. line of said Outlot, 30 ft. to the N.E. earner of Outlot 74; thence W. along the N. line of Outlot 71, to the N. and S. center line of Fri. Section 30, T. 31 N.9 R. 14 E.; thence north along said center line and the E. line of Oak Hills to the E. line of Cape Rock Drive; thence West perpendicular to said E. line of Oak Hills2 to the W. line of Cape Rock Drive; thence in a S.W. direction along the said N. line of Cape Rock Drive to a point on the E. line of Lot 1, Block 7, Oak Hills, extended; thence in a N.W. direction along the E. line of said lot 1. extended, 150 ft.; thence in a S. W. direction parallel to the N. line of Cape Rock Drive to a point which is 150 ft. E. of the E. line of Terryville Road, measured perpendicular thereto; thence N. parallel to the E. line of Perryville Road to the E. and W. center line of Fri. Sec. 30, T. 31 N., R. 14 E.; thence West with said center line to the W. line of Fri. Sec. 30; thence South along said W. line to the S.E. corner of Dennis Scivally Fork Second Subdivision; thence W. along the S. line of said subdivision to the W. line of Ridgeway Drive; thence S. along the said W. line to the N. line of Cape Rock Drive; thence S. to the S. line of Cape Rock Drive thence S. to -the S. line of Cape Rock Drive and the W. line of Howell St., which point is on the E. line of Sewer District No. 12 F; thence south following the E. line of Sewer District A. 12 F, to a point at the N.E. earner of Alanna Heights; thence S. 650 171 E.2 245 ft.; thence X. 840 46, E., 397.3 ft. to the W. line of Outlot 74; thence S. along the W. line of,Outlot iW, to the point of beginning. SECTID' 1 A. That the work included in said trunk sewers shall be the construction from MAnhole 11 in Sewer District No. 12 FI to Ninhole, 1; thence in sequence to Anhole 14, inclusive, and from YAnhole it in sequence to Manhole 79, inclusive, and from ?Manhole 78 to Manhole 95, and from Anhole 10 to Anhole 16, all as Khown on the plans for Sewer District it. 12 L. 1a SECTION 2. Said plans, specifications and estimate of cost for the con- struction of said system of trunk sewers in said Sewer District No, 12 L above described, and previously submitted to the Council are hereby approved and adopted as the plans, specifications and estimate of cost for the construc- tion of said system of trunk sewers in said Sewer District No. 12 L , and are by the Council ordered filed, in the office of the City Clerk of the City of Cape Girardeau, Missouri. SECTION 3. The estimate of cost for construction of said system of trunk sewers in said Sewer District No. 12 L , above referred to is hereby approved and adopted by the Council as the estimate of cost for the con- struction of said system of trunk sewers in said Sewer District No. 12 L and it is hereby ordered by the Council that the total cost of construction of said sewer system shall not exceed the amount of said engineer and no contract herein authorized shall be let for the construction of said sewer which calls for the expenditure of money and the issuance of special tax bills in a greater amount than the total cost of the same contained in said estimate, provided, however, that this section shall not apply to the cost of acquiring the right- of-way and working room necessary for the construction of said sewers. SECTION 4. Said plans, specifications and estimate of cost, together with the profile and form of contract for said work made by said engineer and ordered filed this day, are hereby made a part of this ordinance and shall be in effect and have the same force as if embodied herein for the purpose of identification of the same in the form in which they now exist, .the City Clerk of said City is hereby directed to place her file marks over the official signature on this date of presentation and first reading of this ordinance on said plans, speci- fications and estimate of cost, and on said profile and on said form of contract. SECTION 5. It is hereby ordered and directed that a system of trunk sewers for the removal of sanitary sewage only, including manholes and all other necessary appurtenances be established, constructed and maintained in said trunk Sewer District No. 12 L ', of sewer pipe, cast iron' brick, cement, concrete and other materials in the form and of the dimensions, loca- tion, character and description shown and particularly described in said plans, specifications, estimate and profile for said system of trunk sewers made by said City Engineer and heretofore referred to and made a part of this ordi- nance. SECTION 6. The said plans, specifications, estimate of cost, profile and forms of contract for said system of trunk sewers in said Sewer Dis- trict No. 12 L , shall be safely kept and preserved for future reference and the same shall be deemed, held and considered for the basis of the sewers which are by this ordinance ordered constructed for Sewer District No. 12 L , and all of said sewers including manholes, outlets, branches, laterals and appurtenances, shall be constructed and completed of the material and dimen- sions and on the location, and according to the manner of construction, and in all other particulars in accordance with said plans, specifications, esti- mate of cost, and profile and all bids, contracts and calculations for the estimate of construction of said sewers shall be based upon said plans, speci- fications, estimate and profile, subject to the provisions of this ordinance. SECTION 7. The construction of the sewer herein provided for, including all parts and appurtenances covered by said plans, specifications, estimate of cost, profile and form of contract for said work, shall be done under a contract privately let in harmony with the provisions of Sections 88.497 to 88.647, Revised Statutes of Missouri for I91i.9, including particularly Section 58.600 thereof and all bids or proposals for such construction work shall be made on printed or mimeographed forms furnished by the City Clerk to all per- sons, firms, or corporations desiring to bid on such construction. Prospec- tive bidders desiring to examine said plans, specifications, estimate of cost, profile and form of contract for said work may do so upon depositing with the City Clerk the sum of $ 10.00 for such privilege, one-half of such sum to be returned if a bona fide bid is submitted. Each proposal shall be addressed to the 1%yor and City Council of Cape Girardeau, Missouri, in care of the City Clerk of Cape Girardeau, Missouri, and marked "Proposal for Sanitary Trunk Sewers in Sewer District No. 12 L SECTION 8. Each proposal shall have enclosed with it a certified check on a bank satisfactory to the City Council in the amount of Five Hundred Dollars (S 500.00), said check to be made payable to the Mayor of the City of Cape Girardeau, Missouri, which shall be retained as a guarantee of good - 2 - faith on the part of the bidder that he or it will, if awarded the contract therein applied for, without delay execute a proper legal contract and bond as required by law, ands otherwise perform the obligations of said bid, where- upon said check shall be returned to said bidder. SECTION 9. The City Council will meet in open session at 2.30 P. M., on CA a! -3 q ,q_�, and proposals of bidders will be considered 'mart meating and at any subsequent meeting held by the Council for that purpose, Any bwd°der may be present at any such meeting and explain his bid in pe,^son. At such meeting as the Council may deem proper, the matter of award -.'I -ng and ?uak ng a contract for the construction of said system of trunk sewers in said Sewer District No. 12 L , may be acted upon by the Council and the fires.l action taken by the Council will be according to its best judgment and discretion after full consideration. No bidder will be considered by'the Counci? unless the bidder expressly stipulates in his proposal that he will accept ,special tax bills issued in accordance with the law and ordinances of the City in full payment for the work under the contract provided for herein,. The City of Cape Girardeau reserves the right to reject any and all bids for the construction of the system of sewers herein provided for. SECTION 10. All bids for the construction of said trunk sewers shall be considered and held as subject to the provisions and requirements of this ordinance which shall be deemed and taken to be a part of any contract let for said work. SECTION 11. The Contractor or Contractors to whom the contract small be awarded shall at his or their own costs and expense, provide lights, guards, fences, barricades and other proper means to protect persons and property from injury and damage on account of said work from the commencement to the comple- tion thereof, and shall indemnify the City of Cape Girardeau against any and all losses by reason of the violation of this or any other requirements of this ordinance. SECTION 12. No contract or award for the construction of said sewers shall be binding upon the City of Cape Girardeau until the person or persons to whom such contract shall be awarded shall enter into a written contract with said City specifying the materials to be furnished, the work to be done, and the price to be paid therefor, containing agreements and stipulations on the part of the contractors to furnish said materials and to complete the work of constructing said sewers in the manner and within the time provided for in this ordinance and said contract shall provide that said work shall be done in accordance with the plans, specifications, estimate of cost and profile adopted by this ordinance, and further provide that the contractor shall be required to execute bond with good and sufficient sureties, to be approved by the City Council of the City, and payable to the City of Cape Girardeau, for the amount of the contract price. Said bond shall be conditioned as pro- vided by law and further conditioned that said contractor will fully guarantee and indemnify the City Council, the City and said Sewer District No. 12 L , against any and all damage or loss which might in anywise result from the con- nection of the City with said Contractor h.Y reason of said contract, or by reason of his failure to fully and faithfully carry out the provisions of said contract, or by the negligence of said Contractor or any subcontractor, employee, servant or agent of either. Said bond shall be furnished within twenty (20) days after said contract has been awarded and when approved and accepted by the Council as herein provided, the Mayor of the City of Cape Girardeau acting for and on behalf of said City, is hereby authorized to execute it the name of the City such contract for the construction of said system of trunk sewers in said Sewer District No. 12 L , with the person, firm or corporation whose bid has been accepted by the Council, in accordance with the provisions of this ordinance. SECTION 13. The delivery of the material for said system of trunk sewers and the actual construction thereof small be begun one week after written notice to begin shall have been given by the City Engineer to the Contractor, and said work shall be carried on continuously and uninterruptedly at such rate as will insure the completion of said work of constructing said system of trunk sewers on or before the day of , 19 • Should the work, however, be delayed or interrupted by the City Council or officers of the City of Cape Girardeau, by Acts of God, or by any other cause entirely beyond the control of the Contractor, the time of such delay and interruption shall be added to the time herein fixed for completion of said — 3— work, but such delay shall not constitute a claim by the Contractor against the City or City Counc-J-1, or agai--n.st said Sewer District No. 12 L . for damages or for loss of anticipated profits, or any other claim whatever. The Council shall also have the right, for good cause shown, to extend the time beyond that herein specifically given for the completion of the work. SECTION 13 A. That the City Council finds that right of way easements for said sewer system must be obtained over and across the following described property' - 1. L. C. Drury, Chas. Drury & Drury Tile & Plastering Co. Part of Outlet 751, in U. S. P. Survey No. 2199,, described as follows: A strip of land 10 feet wide lying 5 ft. on each side of the following described center line: Begin at a -point on the E. line of Lot 1., Block 4, Alanna, Heights., 5 ft. S. of the N.E. corner of said lot- thence E. perpendicular to the B. line of Howell St., 247 ft.- thence in a N.E. direction, 400 ft. ±1 to a point 5 ft. S. of the center line of Georgia St., on the E. line of Outlet 75, and there terminating, Also., A strip of land 10 ft. wide., described as follows: Begin at a point on the E. line of Outlet 75., on the center line of Georgia St.; thence N. along the E. line of Outlet 75., 325 ft., ±, to the S. line of the Lee Slusher lot,, extended; thence W. perpendicular to the E. line of-Outlot 75, 10 ft.; thence S. paralliel to the E. line of Outlet 75., to the S. line of La Wanda Drive, extended; thence E. along the extension of the said S. line 10 ft. to the E. line of Outlet 75; thence N. along the said E. line to the point of beginning,, Also., A strip of land 10 ft ' . wide.. lying 5 ft. on each side of the following described center line.- Begin at a point on the center line of Marietta St., 310 ft. E. of the center line of Howell St., as the latter exists south of Marietta St.; thence in a N.E. direction a distance of 643 ft. to a point to be known as Manhole 4,, from which point the W. line of Clark St. is east 130 feet, measured perpendicular to said W. line; thence east perpendicular to Clark St., 1515 feet to a point in the center line of Clark St., which point is to be known as Manhole %and there terminating,, Also, a strip of land 10 ft. wide,, the center line of which is described as follows: Beginning at the point above described as Manhole 4; thence West along a line, which if extended, would terminate at a point 230 ft. S. of the S. line of Cape Rock Drive and 420 ft. E. of the E. 1:*L*ne of Howell St., measured perpendicular to said street lines, a distance of 50 ft. more or less, to the W. line of the Drury tract, and there terminating., Also, A strip of land 10 ft. wide lying 5 ft. on each side of the following described center line; Begin at a point heretofore described as Manhole 5, in the center of Clark St.; thence in an easterly direction 155 ft., ±, to a point on the E. line of Outlet 75, 5 ft. S. of the S.W. corner of Lot 8,, Druryts Subdivision, and there terminatingj, Also, A strip of land 10 ft. wide, off of the E. side of Outlet 75, described as follows: Begin at the S.W. corner of Lot 8., Drury's-Subdivision; thence W. at right angles to the E. line of Outlet 75, 10 ft.; thence N. parallel to the E. line of Outlet 75., 160 ft.; thence E. at right angles to the E. line of Outlet 75., 10 ft. to the E. line of Outlet 75; thence S. along the said E. line 160 ft. to the point of beginning.. Also, A strip of land 10 ft. wide., lying 5 ft. on each side of the following described center line: Begin at a point on the E. line of Outlet 75,. 20 ft. S. of the N.W. corner of Brothers' Subdivision; thence W. perpendiculax to the E. line of Outlet 75, 120 ft. to the E. line of Clark St., and there terminating, Also,, A strip of land 10 ft. wide the center line of -which is described as follows: Begin at a point on the center line of Clark St.,, 230 ft. N. of Manhole 5, heretofore described., said point to be known as Manhole 6; thence in a N.W. direction to the angle point in the W. line of Clark St., and continuing with said line to the W. line of the Drury tract,, and there terminating. . All as shown on the plans for sewers In Sewer District No. 12 L, on file in the office of the City Clerk, Cape Girardeau, Mo. -4- 2. L. H. Landgraf Lumber Co. Part of Lot 1, Block 4, Alanna Heights, described as follows: A strip of land 10 ft. gide off of the N. side of Lot 1. 3. A Koerber Part of Frl. Sec. 30, T. 31 N., R. 14 E., described as follows: A strip of lard 10 ft. wide, lying 5 ft. on each side of the following described center line: Begin at a point on the east lire of Perryville Road, from which point the N., line of Cape Rock Drive is south a distance of 150 ft., measured perpendicular to said I. line; thence E. a distance of 357 ft., ±, to a point to be known as Manhole 10, which point is 150 ft. N. of the N. line of Cape Rock Drive, and on a line which is drawn parallel to and 5 ft. west of the E. lime of Huntington Drive, extended; tbence E. parallel to and 150 ft. N. of the N. line of Cape Rock Drive, "6 ft., t, to the E. line of the Koerber tract, arsd there terminating, Also, A strip of land 10 ft. wide lying 5 ft. on each side of the following described center line: Begin at a point heretofore described as Manhole 10; thence S. 150 ft,, along a line drawn parallel to an 5 ft. W. of the E. line of Huntington Drive, extended, and there terminating. All as shorn on the plans for sanitary sewers in Sesser District No. 12 L, on file in the office of the City Clerk, Cape Girardeau, Mtn. 4. Geo. Koerber Part of Frl. See. 30, T. 31 Vit., R. 14 E., described as follows: 1 strip of land 10 ft. wide, lying 5 ft. on each side of the following described center line: Begin at a point on the N. line of Cape Bock Drive and the center line of Bel Air Drive, extended, thence along the said center line of Bel Air Drrive, extended, the course of which line for the purpose of this description shall be called North, a distance of 101 ft.; thence (faith reference to the previous course), N. 681 39' W., 396.3 ft. to a point on the west line of the Geo. Koerber tract, which point is 150 ft. N. of the N. line of Cape Hock Drive, measured perpendicular thereto, and there terminating. All as shown on the plans for sanitary sewers in Sewer District No. 12 L, on file in the office of the City Clerk, Cape Girardeau, Mo. 5. Pirs. Nellie S. Schwab Part of Outlot 75, in B. S. P. S. No. 2199, described as follows: A strip of land 10 ft. wide, lying 5 ft. on each side of the following described center line: Start at a point on the center lire of Marietta St., 310 ft. E. of the center line of Howell St., as said street exists S. of Marietta St.; thence in a N.E. direction, along a line, which extended 643 ft. will be 130 ft. W. of the W. line of Clark St., measured perpendicular thereto, a distance of 175 ft., i-, to the S. line of said Schwab tract, as said tract is described in a deed recorded in Book 110.at page 481, in the land records of Cape Girardeau County, Missouri, for a point of beginning; thence continuing along the above described line to the E. line of said Schwab tract, and there terminating. All as shown on the plans for sanitary sewers in Sewer District No. 12 L, on file.in the office of the City Clerk, Cape Girardeau, Mo. The City Council further finds that it will be necessary to secure in addition to the easements described above adjoining grain on each side thereof for working room necessary for access and working room during the construction of said sewers, but that the easement acouired.for said access and working room will not be a right of way easement, but shall be only for the duration of the construction period. That the City Attorney is hereby given authority to negotiate for the purchase or acquisition of the above described property for said right of wavy easement, together with the easements for working room, and in the event the City Attorney is unable to secure such easements for a reasonable price, authority is hereby given to the City Attorney to institute condemnation suits in the name and: behalf of the City of Cape Girardeau to acquire the necessary right of way and working room easements necessary for the construction of said sewer system. 4a I SECTION 14. As soon as the work of constructing said system of sewers in said Sewer Dstrict No. 12 L , as herein provided for, shall have been completed under the contract let for that purpose and accepted and approved as aforesaid, the City Engineer shall, without delay, make a written report to the City Council of the c1nracter of the work and whether or not the same was performed in due compliance with the terms, conditions and re- quirements of the contract therefor and of this ordinance, which report shall be filed with the City Clerk who shall present the same to the Council for its consideration. SECTION 15. Upon receiving said report of the City Engineer, the City Council shall duly investigate the same and hear any evidence or reports sub- mitted concerning the manner in which the contract herein provided for has been executed, and shall make inquiry into the whole matter herein considered, and upon being satisfied that the whole of said contract has been substantially complied with shall by resolution, or otherwise, declare its acceptance and approval of 'said work. . SECTION 16. When the work has been completed, accepted and approved as herein provided, the City Engineer shall compute the whole cost thereof, in- cluding the cost of right-of-way, and apportion and charge the same as special tax against the lots or tracts of land embraced by the plans, specifications and estimate of cost and profile for the construction of said system of trunk sewers in said Sewer District No. 12 Z , the district in and for which the said sewer system shall have been constructed in the proportion which the respective areas of said lots or tracts of land bear to the areas of the whole district, exclusive of public highways, streets, alleys and public property, except that included within said district benefited by said plans, specifica- tions, estimate of cost and profile therefor, and the City Engineer shall re- port such apportionment of cost to the said Council in writing, which said report shall include the following: 1. The total cost of constructing said system of trunk sewers in Sewer District No. 12 L . 2. The aggregate area of the entire territory included in said system of trunk sewers in said Sewer District No. 12 L , exclusive of public highways, streets, alleys and public property as above mentioned, 3. The correct description of each separate lot.or tract of land includ- ing the lot, block, range, subdivision or addition in which the same is located chargeable with the cost of constructing said sewers in said Sewer District No. 12 i , under this contract. .f.,.. The name of the owner or owners of each separate lot or tract of land insofar as the engineer is able to ascertain the same. 5. The area of each such lot or tract. 6. The proportionate share of the total cost of constructing said sewers chargeable against each such lot or tract of land. SECTION 17. The City Engineer -shall, as soon as said report of the appor- tionment of costs shall have been completed, approved and acknowledged by the Council, make out and certify in favor of the contractor or contractors to be paid for said work as above provided, five (5) special tax bills, each for one- fifth (1/5) the amount of the special tax against each particular lot or tract of land in said Sewer District No, 12 L , as above described, which tax bills shall be payable respectively on or before one, two, three, four and five years after the date of their issue, with interest from date at the rate of ten (10) per cent per annum until paid. Each of said tax bills shall pro- vide that if any one tax bill or installment shall not be paid when due, then all of the remaining tax bills or installments against the same lot or tract of land shall become due and payable.' SECTION 18. Said special tax bilis shall be certified by.the City Engi- neer and shall be attested by the City Clerk of said City under the seal of said City, and when said special tax bills are issued and delivered to the contractor in accordance with the law and this ordinance, they shall be ac- cepted as payment in full of the cost of constructing said sewers as herein- above described, provided, however, that the total amount of said special tax so apportioned, charged and levied against said lots and tracts of land in said Sewer District No. 12 L , shall not exceed the Engineer's estimate of cost for the construction of said sewers. SECTION 19. 911 special tax billslso issued, as aforesaid, shall be - 5 liens against the respective lots or tracts of land described therein in accordance with the law and ordinances of said City, and they shall so ex- pressly state on their face and each such certified tax bili in any suit thereon shall, in accordance with the law, be prima facie evidence of the validity of the bill and of the doing of the work and of the furnishing of the material charged fors and of the liability of the land described in the bili, and said special tax bili shall be prima facie evidence of the regular- ity of the proceedings by which such sewers were constructed -in said Sewer District No. 12 L , such special tax bilis delivered to the contractor, as aforesaid, shall be assignable or collectible by the holder thereof and may be sued on and the lien thereof foreclosed in accordance with the statutes of the State of Missouri covering the proceedings under which such special tax bills were issued. SECTION 20. The City of Cape Girardeau shall in no event, nor in any manner whatever, be liable for or on account of the work done in constructing said sewer, nor. shah. Said City be liable for any cost that may be accrued in any action thereafter brought on account of any special tax bills by the owner or holders thereof. SECTION 21. When said special lax bills are issued as herein provided, the City Engineer of said City shall, in accordance with the law, cause said tax bills to be registered in a book to be provided for that purpose, and deliver such book to the City Clerk and Collector of the City. The registra- tion of such tax bills in such tax book shall contain the necessary data to comply with the lawful registration thereof and may include the followings 1. The date of such tax bill. 2. The name of the property owner against whom the same is issued. 3. The name of the person or firm in favor of whom the tax bill is issued, - i,. The amount of such tax bill. 5. The purpose for which said tax bill is issued. 6. A reference to this ordinance by number. 7. At least an abbreviated description of the property described in such tax bili. S. Such other information as may be deemed desireable or necessary. SECTION 22. The amount of any such tax bill issued in payment for said sewers and the accrued interest thereon may be paid to the City Clerk and Collector for the owner of holder thereof at any time, whereupon the City Clerk and Collector shall., upon presentation to her of any receipted tax bilis, note the payment on the register thereof, and such entry shall be evidence of the payment of the tax bill therein stated. SECTION 23. Every such special tax bili issued under the provisions of this ordinance and the lien thereof, shall be assignable and when any such special tax bills shall be assigned, such assignment shah be noted on such special tax bills, and the assignee shall exhibit the same to the City Clerk and Collector, who, shall, thereupon, upon the margin of such special tax bill, make an appropriate note of such assignment. SECTION 24. When any owner of property against which such special tax bill shall be issued, shall pay to the owner of the tax bill, the amount thereof, such owner shall endorse on the back of the bill a receipt for the amount paid and deliver the same so endorsed to the party making such payment, together with a certificate addressed to the City Clerk and Collector stating that such tax bill has been paid, and the owner or owners of property described in such tax bill is entitled to satisfaction thereof on the register and ab- stract of special tax bills herein above provided for, and the City Clerk and Collector on the receipt of such certificate, shall file the same and enter such payment and shall also certify on the back of such tax bill that such satisfaction has been entered. SECTION 25. In any contract awarded for the construction of sewers herein provided for, the contractor shall agree to accept special tax bills in payment for the work of construction as hereinabove provided, and said tax bilis shall be delivered to him after payment by him of.the cost of engineer- ing and inspection, and all other cost of construction of said sewer system, and such tax bills shall aggregate in amount the total amount of his contract as computed, apportioned and charged by the Engineer of that City. -6- W SECTION 26. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SiCTION 27. The Council further finds and declares that the public health of the City is endangered by the present sanitary facilities existing in the territory above described as Sewer District No. 12 L , through the lack of sanitary sewage facilities, and in order that the necessary san- itary sewage facilities as herein provided for may be constructed without de- lay and in order that the construction herein contemplated may move forward rapidly with consequent benefit to all citizens of the City, the Council finds that an emergency exists within the Statutes of Missouri authorizing urgency legislation, and this ordinance shall therefore take effect and be in force from and after the date of the passage and approval. First reading given this IL day of , 19 Second and third readings given this day of '° , 19 -7 and said ordinance fiinally passed and approved. ATTEST City Clerk 7 Mayor