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HomeMy WebLinkAboutCommForm.1559.02-28-1955COMMISSION FORMORDINANCENO. lLsy AN ORDINANCE ADOPTING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF A SYSTEM OF SANITARY TRUNK SEWERS TO BE USED IN THE DISPOSAL OF SANITARY SEWAGE IN THE TERRITORY DEFINED AS SEWER DISTRICT NO. 12C1 A SUBDIVISION OF SEWER DISTRICT NO. 121 IN THE CITY OF CAPE GIRARDEAU, MISSOuR.I,,PARTTICULARLY DESCRIBED IN COMMIS- SION FORS! ORDINANCE NO. 11531 OF THE CITY OF CAPE GIRARDEAU, MISSOURI, PASSED AND APPROVED ON THE 26TH DAY OF MAY, 1948, SAID PLANS AND SPECIFICATIONS HAVING BEEN PREVIOUSLY PREPARED BY JOHN R. WALTHER, CITY ENGINEER, PREVIOUSLY SUBMITTED TO THE COUNCIL, ADOPTING THE ESTIMATE OF SAID ENGINEER FOR THE COST OF CONSTRUCTING TRUNK SEWERS IN SAID SEWER DISTRICT NO. 12C3 AND ORDERING CONSTRUCTION OF SAID SYSTEM OF TRUNK SEWERS IN SAID DISTRICT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS AND ESTIMATE OF COST, AUTHORIZING THE CITY ENGINEER. AND CITY ATTORNEY TO NEGOTIATE FOR, RIGHT-OF-WAY AND EASE- MENTS OVER VARIOUS TRACTS AND PARCELS OF LAND 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 FOR WORKING ROOM, PROVIDING FOR LETTING THE CONTRACT FOR THE WORK OF CONSTRUCTION OF SAID SYSTEM OF TRUNK SEWERS, DIRECTING THAT SAID SEWERS BE PAID FOR BY THE ISSUANCE OF SPECIAL TAX BILLS TO BE APPORTIONED AND CHARGED AGAINST THE LOTS AND TRACTS OF LAND EMBRACED WITHIN SAID SYSTEM OF TRUNK SEWERS -'IN SAID SEWER DISTRICT NO. 1201 AS DESCRIBED IN SAID PLANS AND SPECIFICATIONS, EXCLUSIVE, OF PUBLIC HIGHWAYS, STREETS, ALLEYS 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 EI4ERGENCY CLAUSE. WHEREAS, the said Council having been heretofore duly authorized by the 'vote of the people of the City at an election field for that purpose, passed and approved Commission Form Ordinance No. 1153, on the 26th day of May, 10,48, by the terms of which ordinance the territory embraced within the City of Cape Girardeau was subdivided into thirteen serer districts, namely Sewer Districts Nos. 1, 21 3, 4., 5, 61 7, 81 91 103 111 12, and 13, inclusive, and WHEREAS, the council deems and declares it necessary that a system of sanitary trunk sewers be constructed in Sewer District No. 12C, 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 trunk sewers in said Sewer District No. 12C, and said plans, specifications and estimate of cost have been by said Engineer prepared and submitted to the Council for approval, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU, 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 trunk sewers in Sewer District No. 12C, a subdivision of Sewer District No. 12, as defined by Commission Fors Ordinance No. 1153, passed and approved on the 26th day of May, 19/.8, and it hereby further declares that all of the land embraced within the territory lying within said Sewer District No. 120, as described in the plans, specifications and estimate of cost prepared by the City Engineer and previously submitted to the Council will, exclzive of public highways, streets and alleys not designated by said plans, specifications and estimate of cost as benefitted thereby, be benefited by the con- struction of such sewers as hereinafter provided for in Sewer District No. 12C. SECTION 2. Said plans, specifications and estimate of cost for the construction of said system of trunk sewers in said Sewer.District No. 120, above described, and previously submitted to the Council are hereby approved and adopted as the plans, specifications and estimate of cost for the construction of said system of trunk sewers in said Sewer District No. 12C, 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. 120, above referred to is hereby approved and adopted by the Council as the estimate of cost for the construction of said system of trunk sewers in said Sewer District No. 12C, 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 of 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 new 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, specifications 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. 120, of sewer pipe, cast iron, brick, cement, concrete and other materials in the form and of the dimensions, location, character and descript- ion 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 ordinance. SECTION 6. The said plans, specifications, estimate of cost, profile and forms of contract for said system of trunk sewers in said Sewer District No. 12C, 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. 12C, and all of said sewers including manholes, outlets, branches, laterals and appurtenances, shall be constructed and completed of the material and dimensions and on the location, and according to the manner of construction, and in all other particulars in accordance with said plans, specifications, estimate of cost, and profile and all bids, contracts and calculations for the estimate of construction of said sewers shall be based upon said plans, specifications, 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, speci- fications, 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 1949, including particularly Section 88.600 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 persons, firms, or corporations desiring to bid on such construction. Prospective 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 Havor and City Council of Cape Girardeau, Missouri, in care of the City Clerk of Cape Girardeau, Missouri, and marked "Proposal for Sanitary gunk Sewers in Sewer District No. 12C." SECTION S. 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 ($500.00)2 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 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, and, otherwise perform the obligations of said bid, whereupon said check shall be returned to said bidder. SECTION g. The City Council will meet in open session at 2:30 P.M. on , and proposals of bidders will be considered at that meeting and at any subsequent meeting held by the Council for that purpose. Any bidder may be present at any such meeting and explain his bid in person. At such meeting as the Council may deem proper, the matter of awarding and making a contract for the construction of said system of trunk sewers in said Sewer District No. 12C, may be acted upon by the council and the final action taken by the Council will be according to its best judgment and discretion after full consideration. No bidder will be considered by the Council unless the bidder expressly sipulates 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 constructior_of said trunk sewers shall be considered and held as subject to the provisions and require- ments of this ordinance which shall be deemed and taken to be a part of any contract let for said work. SECTION 11. The Contractor of Contractors to whom the contract shall 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 completion 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 contract price. Said bond shall be conditioned as provided by law and further con- ditioned that said contractor will fully guarantee and indemnify the City Council, the City and said Sewer District No. 12'12 against any and all damage or loss which might in anywise result from the connection of the City with said Contractor by 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 of any subcontractor, employee, servant or agent of either. Said bond shall- be hallbe 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 in the name of the City such contract for the contraction of said system of trunk sewers in said Sewer District No. 12C, 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 shall 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 thecontroi of the Contractor, the time of such delay and interruption shall be added to the time herein fixed for completion of said work, but such delay shall not constitute a claim by the Contractor against the City or City Council, or against said Sewer District No. 12C2 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 a right-of-way easement for said sewer system must be secured over and across the following described property: Description of Easements needgd-Sewer_&istriet:go 12-C 1. Part of Lot 3, Popp's Subdivision of John E. Popp's Subdivision of part of Lot 10, R. L. Sturdivant's Subdivision in Outlots 581 593 81 and part of 60, in U. S. P. Survey No. 2199, described as follows: A strip of land 10 feet wide, lying 5 feet on each side of the following described center line: Begin at a point on the east right-of-way line of U. S. Route No. 61, 54 feet south of the center line of the existing concrete pavement on .Independence Street; thence east parallel to Independence Street 14.5 feet; thence in a north- east direction, 149 feet to a.point on the south line of Independence Street, 28 feet south of the center line of the pavement on Independence Street, and there terminating. 2. Part of Lots 4 and 5, and what was formerly an alley running east and west between Lots 4 and 5, in R. L. Sturdivant's Subdivision of Outlots 583 59, 81 and part of 60, in U. S. P. Survey No. 2199, described as follows: A strip of land 50 feet wide lying 25 feet on each side of the following ddscribed center line: Begin at a point on the north right-of-way line of Missouri State Route SK, formerly Gordonviile Road, 238.6 feet east of the west line of Lot 4; thence north, parallel to the west line of Lots 4 and. 5, 726 feet, more or less, to the south right-of-way line of the Missouri Pacific Railroad, and there terminating. 3. Part of Lot 5, in R. L. Sturdivant's Subdivision of Outlots 58, 59, 81 and part of 60, in U. S. P. Survey No. 2199, described as follows: A strip of land 20 feet wide, lying 10 feet on each side of the follow -;ng described center line: Start at the intersection of the west line of lot 5 and the north right-of- way line of the Missouri Pacific Railroad; thence S. 55' 10' E., along the said right-of-way line, 22.4 feet for a point of beginning; thence N. 8' E., parallel to the west line of Lot 5, 324 feet; thence S. 87' 30' E., 327 feet, more or less, to a point on the west right-of-way line of U. S. Route No. 61, said point being 53 feet south of the north line of Lot 5, and there termination. 4. Part of what was formerly the right-of-way of the C. G. & N. Railroad as shown on the plat of Rodney Vista, a subdivision of Outlot 79, in U. S. P. Survey No. 2199, described as follows; A strip of land 10 feet wide lying south of and adjacent to the north right-of-way of the old C. G. & N. Railroad, sande being the south line of Lots 6 and 7, Block 2, Rodney Vista, beginning at the southeast corner of said Lot 62 and running west to a point 270 feet east of the southwest corner of Lot 7, Block 2, Rodney Vista, and there terminating. 5. Part of Outlot 82, in U. S. P. Survey No. 2199, described as follows: Begin at the southeast corner of Lot 6, Block 2, Rodney Vista; thence N. 82' 08' W. along the north line of Outlot 82, 27.0 feet; thence S. 60' 20' E., parallel to the south line of lot 62 Blk. 2, Rodney Vista 30 feet, more or less, to a point on the west line of Arena Park; thence N. 1' 51' E., along the west line of Arena Park, 11 feet, more or less, to the point of beginning. 6. Part of Lot 7, Block 2, Rodney Vista, described as follows: A strip of land 10 feet wide, lying north of and adjacent to the south line of Lot 7, beginning at the east line of Lot 7, and running west 232 feet, and there terminating, also A strip of land 10 feet wide lying 5 feet on each side of the following described center line; Begin at a point on the south line of Lot 7, 227 feet west of the southeast corner of Lot 7; thence N. 32' 40' E., a distance of 290 feet, and there terminating. 7 Part of Lot 7, Block 2, Rodney Vista, described as follows: A strip of land 10 feet wide, lying 5 feet on each side of the following described center line: Begin at a point on the east line of Charles Street, from which point the southewest corner of Lot 7, bears S. 43' 15' W-, 405 feet; thence S. 30' 06' E., 170.5 feet, and there terminating. 8. Part of the northwest quarter of Outlot 80, in U. S. P. Survey No. 2199, described as follows: A strip of land 25 feet wide, lying along the west side of the Serena tract and being east of and adjacent to Outlot 79, (Rodney Vista), lying 12.5 feet on each side of the following described center line: Begin at a point on the south line of the Serena tract which is also the north line of Arena Park, said point being 12.5 feet east of the west line of Outlot 80; thence north parallel to the west line of Outlot 80, 924 feet, more or less, to the intersection with the south right-of-way line of U. S. Route No. 61, and there terminating. 9. Part of Lot 11, Block 1, Rodney Vista Park, described as follows: A strip of land 20 feet wide, lying 10 feet on each side of the following described center line: Begin at a point on the north lisle of Lot ll, same being the south line of East Rodney Drive, 10 feet west of the west right-of-way line of U. S. Route No. 61; thence S. 39' 19' E., parallel to said right-of-way line 206 feet, more or less, to the east line of Rodney Vista Park, and there terminating. 10. Part of the north half of Lot 10, Block 12 Rodney Vista Park, described as follows: Begin at the northeast corner of Lot 10; thence west along the north line of said lot 14 feet; thence in a southeast direction to a point on the east line of Lot 10, said point being 14 feet south of the northeast corner of Lot lfl; thence north along the east line of Lot 10, 14 feet to the point of begin. 11. Part of Lot 1 of Allen's Subdivision of Outlots 76 and 77, in U. S. P. S. No. 2199, described as follows: Begin at a stone at the northwest corner of Outlot 80; thence N. 81` 421 W. along the south line of Outlot 76, to the east line of the Cape And Jackson Gravel Road; thence N. 24° 33' W., with the east line of the Cape and. Jackson Gravel Road to a point which is 40 feet north of the south line of Outlot 76, measured perpen- dicular thereto; thence 5.:81® I2' E., 214.5 feet; thence N. 7' 20' W., 225 feet, m�o�]re or less, to the southwest corner of Spradling's Subdivision; thence S. 81° 42' E., 46.7 feet to the southwest corner of Lot 14 of Spradling's Subdivision; thence S. 70 20' E., 270 feet to the south line of Ontlot 76; thence N. 81* 42' W., along the said south line 173.2 feet to the point of beginning. 12. Part of Lot 7, Pleasant Acres described as follows: A strip of land 20 feet wide off of the east side of Lot 7, Pleasant Acres 13. Part of Lot 6, Pleasant Acres, described as follows: A strip of land 20 feet wide off of the east side of :Jot 6, Pleasant Acres. 14. Part of Lot 18, West Mount Place described as follows: A strip of land 10 feet wide, lying 5 feet on each side of the following described center line: Start at the intersection of the north line of Hopper Road and the west line of U. S. Route No. 61; thence N. 36° 481 W., along the west right-of-way line of U. S. Route No. 61, 59915 feet; thence S. 53° 12' W., 233.8 feet for a point of beginning; thence in a northwest direction 50 feet to a point from which the west right-of-way line of U. S. Route No. 61, aforesaid, bears N. 530 12' E., 229.2 feet, and there terminating. 15. Part of Lot 18, West Mount Place and part of Outlots 76 and 77, all in U. S. P. Survey No. 2199, described as follows: A strip of land 10 feet wide, lying 5 feet on each side of the following described center line: Start at the intersection of the north line of Hopper Road and the west line of U. S. Route No. 61; thence N. 36P 481 W., with said right-of-way line of U. S. Route No. 51, 599.5 feet; thence S. 530 12' W, 233.8 feet for a point of beginning; thence in a southeast direction to a point on the north line of Hopper Road, 364.8 feet west of the west right-of-way line of U. S. Route No. 61, and there terminating. Also, a strip of land 10 feet wide, lying 5 feet on each side of the follow- ing described center line: Start at the intersection of the north line of Hopper Road and the west right- of-way line of U. S. Route No. 61; thence N. 360 48' W., along the right-of-way line of U. S. Route No. 61, 599.5 feet; thence S. 530 12' W., 200 feet to the extreme west corner of the V. F. W. tract;thenee S. 36® 48* E., along the property line of the V. F. W. tract, 140 feet for a point of beginning; thence S. 530 12t W., 66.5 feet, and there terminating. 16. Part of Lot 18, West Mount Place, described as follows: A strip of land 10 feet wide, lying 5 feet on eaeh side of the following described center line: Start at the intersection of',the north line of Hopper Road and the west line of U. S. Route No. 67; thence N. 36° 4$' W. along the west line of U. S. Route No. 61, 64.9.5 feet; thence S. 53° 12' W., 229.2 feet for a point of beginning; thence in a northwest direction 50 feet to a point, from which the right-of-way lime of U. S. Route No. 619 aforesaid, bears N. 53° 12' E., 224..6 feet, and there termin- ating. 17. Part of Lot 189 West Mount Place, described as follows: A strip of land 10 feet wide, lying 5 feet on each side of the following described center lane: Start at the intersection of the north line of Hopper Road and the west line of U. S. Route No. 61; thence N. 36? 4.81 W., 699.5 feet along the west right- of -way line of U. S. Route No. 61; thence S. 53° 12' W., 224.6 feet for a point of beginning; thence in a northwest direction 228 feet to a point from which the west righ-of-way line of U. S. Route No. 61, aforesaid, bears N. 53° 12' E., 214 feet, and there terminating. Also, a strip of land 10 feet wide lying 5 feet on each side of the following described center line: Start at the intersection of the north line of Hopper Road and the west line of U. S. Route No. 61; thence N. 361 48' W., 699.5 feet along the west line of U. S. Route No. 61; thence S. 530 12' W., 224..6 feet; thence in a northwest direction 22.6 feet for a point of begin, from which point the right-of-way lime of U. S. Route No. 61, aforesaid, bears N. 53° 12' E., 223.6 feet; thence in a westerly direction 103.6 feet to a point at a corner between Tats 12 and 13, West Mount Place, and there terminating. 18. All of that part of the south half of Lot 122 West Mount Place, as is included in the following description: A strip of land 10 feet wide, lying 5 feet on each side of the following described center line: Start at the intersection of the north line of Hopper Road and the west right-of-way line of U. S. Route No. 61; thence N. 36° 48' W., 699.5 feet along the said west right-of—way line; thence S. 53° 12e W., 224.6 feet for a point of beginning; thence in a northwest direction 228 feet to a point frcm which the right-of-way line of U. S. Rt. 61, aforesaid, bears N. 53° 12' E., 214 feet and there terminating. 19. All of that part of the north half of Lot 12, West Mount Place, as is included in the following description: A strip of land. 10 feet wide, lying 5 feet on each side of the following described center line: Start at the intersection of the north line of Hopper Road and the west right-of-way line of U. S. Route No. 61; thence N. 360 481 W., 699.5 feet along the said west right -of -say line; thence S. 530 1V W., 224..6 feet for a point of beginning; thence in a northwest direction 228 feet to a point from which the west right-of-way line of U. S. Rt. 61, aforesaid, bears N. 530 12ff E., and there terminating. 20.. A strip of land 10 feet wide off the east side of the south ore -half of Lot 11, West Moumt Place. 21. Part of Lot 18, West Mount Place, described as follows: A strip of land 10 feet wide lying 5 feet on each side of the following described center line: Start at the intersection of the north line of Hopper Road and the West right-of-way line of U. S. Route No. 61; thence N. 36° 4.8' W., along said right-of—.say line, 927.5 feet; thence S. 53° 12' W., 214 feet for a point of beginning; thence in a northwest direction 100 feet to a point from which the right-of-way line of U. S. Route No. 61, aforesaid, bears N. 53° 12' E., 209.4 feet, and there terminating. 22. Part of Lot 182 West mount Place, described as follows: A strip of land 10 feet wide, lying 5 feet on each side of the following described center line: Start at the northeast corner of Lot 18; thence S. 36° 48" E., along the right -of nay line of U. S. Route No. 61, 200.1 feet; thence S. 53° 12m W., 209.4 feet to a point of beginning; thence in a northwest direction along a line to a point, from which point the line, if extended, 55 feet will intersect the north line of lot 18, 17 feet from the northwest corner of Lot 18; thence in a northerly direction 39 feet to a point on the north line of Lot 18, 56.4 feet east of the northwest corner of Lot l8, and there terminating. 23. Part of Tract No. 8 of a subdivision for the Kla.ges Heirs in Outlot No. 77, in U. S. P. Survey No. 2199,, described as follows: A strip of land 10 feet wide lying 5 feet on each side of the following described center line: Start at the extreme east corner of Tract No. 8, sage being the northeast corner of Lot 18, West M ount Place; thence N. 36° 481 W., along the east line of Tract No. 8, 295.4 feet for a point of beginning; thence in a southwesterly direction to a point on the south line of Tract No. 8, said point being 56.4 feet east of the northeast corner of Lot 9, West Mount Place, and there termin- ating. The city Council further finds Mat it will be necessary to secure In addition to the above described property, adjoining ground on each side thereof for working roan necessary during construction of said sewers, but that the easement secured for said working roan 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—way easement, together with the easement for working roan, and in the event the City Attorney is unable to secure said right-of-way easement and working roam easements for a reasonable price, authority is hereby given to the City Attorney to institute condemnation suits in the name of and on behalf of the City of Cape Girardeau to acquire the necessary right-of-way easements and Working room easements necessary for the construction of said sewer system. SECTION 14, is soon as the work of constructing said system of trunk sewers in said Sewer District No. 12C, 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 character of the work and whether or not the same was performed in due compliance with the terms, conditions and requirements 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 submitted 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, dare 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, including 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. 12C, 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, specifications, estimate of cost and profile therefor, and the City Engineer shall report 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. 12C. 2. The aggregate area of the entire territory included in said system of trunk sewers in said Sewer District No. 12C, exclusive of public highways, streets, alleys and public property as above mentioned. 3. The correct description of each separate lot or tract of land including the lots, block, range, subdivision or addition in which the same is located chargeable with the cost of constructing said sewers in said Sewer District No. 12C, under this contract. 4, The name of the owner of 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. b. 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 apportionment 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. 12C, 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 provide 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. SECTIORi 18. Said special tax bills shall be certified by the City Engineer 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 accepted as payment in full of the cost of constructing said sewers as hereinabove 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. 120, shall not exceed the Engineer's estimate of cost for the construction of said sewers. SECTION 19. All special tax hills so issued, as aforesaid, shall be 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 expressly state on their =ace 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 for, and of the liability of the lard described in the bili, and said special tax bill shall be prima facie evidence of the regularity of the proceedings by which such sewers were constructed in said Sewer District No. 12C, such special tax bills 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 -he.statutes of the State of Missouri covering the proceedings fi^n, under,sven 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 (lone in constructing said sewer, nor shall 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 tax 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 registration of such tax billsin such tax book shall contain the necessary data to comply with the lawful registration thereof and may include the following: 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. 4. The amount of such tax bill. j. 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 bill. 8. Such other information as may be deemed desirable 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 or holder thereof at any time, whereupon. the City Clerk and Collector shall, upon presentation to her of any receipted tax bills, 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 bill 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 assign- ment shall 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 andCollector stating that such tax bill has7p id,. and the owner or owners of property described in such tax bill is entitled to satisfaction thereof on the register and abstract of special tax bilis 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 bills shall be delivered to him after payment by him of the cost of engineering 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. SECTION 26. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 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. 12C, through the lack of sanitary sewage facilities, and in order that the necessary sanitary sewage facilities as herein provided for may be constructed without delay 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 emergency legis- lation, 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 28th day of February, 1955. Second and third readings given this %01 day of March, 1955, and said ordinance finally passed and approved. a- ATTEST: Mayor City Clerk