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HomeMy WebLinkAboutCommForm.327.05-08-19253 0()I1:111io Iu1',; rUi0r, T lIl! Z`,l.Ii, ho. , ORDI IR.i.Cih� `1`ii ..,_UJ I9' il.A.<.I !1Li.1� ihlL''l.il l�'1 li i�� [LiT.. iIC)Tl .'� iCi:i''IlTiiRlr J]1ri�';�- vl"iSli7JIS`C"'G7.' 1,10: 4 T],1 Till G'I`'Y Cl' CAP.Nl GT'<_Y.DIs'tU, ISSOL �I, e0 <LUUA' 1':ill 1�,�5'IL''`i'-L'A Oi+' 'i`I:�, iJITti �+lGILELh Ul+' 'r,Ci COST U!+ GUI C,i1".LOTII�G Milli) �LVJL'1iv II.I a ,ID a T' } J)I51'RICT 1110, 4, i:_D TO PRO- VIDI+ i+C t a l'iidTRUI -1;a uL,]itU Sl <.i7Gri.).t]G'�; 'ITi='3C2- VlGiL t U, ` ul ;:) I1 :iT1i;, TO LET 1.11 .`C'IU i OP,C;Uf TO t ROVIDEr BOIi T21 1 r'1' FOR SAI_` : SEW EC T y A l vJF.'>RU .tJ"� r,;l,�"y"rlllw{.-.: T,�X11' 1_i`1'Ijti+f II if.) Chj1 (= v'lU 1T''!:'1' J j 1; IrG1 iD TRACTS T i' of "" 1,1)II. U�I �.vVIL'.ID k+01', ISSUI1!G T J: EILLs 'TI ERE - 2OR, iCi ''ROVIDl:D 3,Y I._i'W. 1EICi+A", at aa, special election held in the City of Cape Gir- SL:CCteaU, leilssUuri, _1JU.rsuant to Ordinance Ifo. 676, "passed. aid approved on l:he =4th duy of Povember, 1904, for'f �Ie purj)ose of subrflittl.n�; to the qualified voters of the City of Cape Gira,rdea,u, Ntissouri, a prop- Ositl.On. 't0 ,.td.oj?t ,i l.e DrC)Vj Si Ci fks f)'f:' aeCt:1.0Y1.;3 5i'3'%(,i to `.J i39.'.i, 117.C1L1s1.Vc, 01° Article 4, ui^.alter 91, of the Revised Laluteu of T.Nssouri, concerning; the establi.sh;aelrt of ucl+ers, more than tvc-thirds of the qualified voters of said city voting at said special election voted in furor of the said -proposition, Ioy virtue of ullich the provision-, of said Section's were iJhereby adoiDted, procla,latlon of tP�.e results of WiIi011 election was du" by the; iiiayor of said city, as required by 12V',<ai1d, lrhl'L iv, Section:, 5&76 t0 5693, lnclus].ve, of _article tib, lik:alitf ]` moi, of, tlte 1'ev-ioea _tatUtes of ':'j s-�elar 1. , 1 `lay, <:,re i'104V :fu'ljy U. eiiibcdied in bectlons 1`45541to 83'%1, j,tl�lti,; i,ve, Of Article r, I�'hafter lJiit ijl,;O, as provided by Section 8355 of i.he Revised Stat- ute.+ oi, 1.}issouri, 1910, duay adopted,by t -he City of Capc- Girardeau, isscu.'i, -; ore ss,ic3, tile Gity of UGirardeau,1]e Girardeau Las been duly sul;)dlvld.c,d.into eleven Dewer d"l;Jtricts, naLkely, seti'!er districts nwri- ored 1, 2, J, 4, 5, C), 7, U, 01, 10 and 11, by Coiii(11 �'3 si on Form I✓r- dinaY,cf _fo. , , w_, passed and approved on the 4t of ,April, 1926, and, ,V!.EHEAS, the City GounciJ. now deeriL3 2t neceBsary that , oys- i;(:?I!I. oa Se,7l4.tt+,ry Jewers be confli:rU.cted an( -A ioa-Litained in ':'eti,+er Dis- trict r0. 4 of sal(.)_ cit;, '.:Ori `11LLS1;1+1'U:i'u, _ BE, I1' t. ��rl.l Lf'L'e�� _ty `1u'� vlil)i`;_­1L UlJ' 'i}yi CII" t:l� t. aiPL la'1JZ.ii�D.'LyiT�, I:lIS`c;(;lil:I, Pts 7?UI_h0}�]S:- S1,CTI011 1. The a1 n.; and )ee:i"flca,tiuns desi%nated "Setrer District I6io. 4, Oahe Giral:d.eau, 1.iissom.,J , made by J. B. hea.gler, G`i "ty t'n JneGr of the t%1ty of r'ol)a (rirobrde U, T_i�`.lsSOIIr1, and "failed_ In the office of the City C1e]'K of l'ape Girardeau, 1issouri, on the 4th day of A;)rll, 1ti25, arid now on file in tie office of the City Cleric of uaid c-ty, arc hereby approved and adopted by the City Council. , jdiCIIOla 2. The estimate Of coot of conotrUctAn(-, a Sys- tcw U >anit7,.ry eeLCer> ll) ii u)cwer Dl b'Uric' "lo. 4, zoude by the �ald , J. D Header, Git, k�ni;;lncer, and filed with t',c Idians and s_peclfica- Gone for s+.la .,y. dei,: of :,.unit .i' se lers in the office of the City 1' U1erk: -n the 4th da,'O1 1'il, l '4i6, is hel'e ly adproved and adopted az tlu. c °tulat,e :of the cob", ; ok: tl',e censt'ruction of said oyster of . it- sF .r- in "aiLi uerer Dt tri o. 4. The total cult of said cunstrLic ,i.ori s talS not ei cecd L, -ie wl uunt of yid estimate of the City E nCL nu contract sj,all Dc let the ConptrlJ,Ctlon of sal+J. Totem of ,.e'r✓ers t�rnicih caalu for the e_:penditure of or the issuance of special tax bills for a Lieatel liount than the total cost, o, said estimate for tjie part iculo,r jilatcrials used, together with the cost of engineerin." and inspection fees and the cost of acquir- HS rights-of-way foI' 'tho sewer 1'oute for ta,.e s.e..r eru in said di e- trict. SECTION 3. The said piano, 2pecificationo and estim- ate, together l.er wit-: the profile and form of contract for said work, Bade and filed bj the City Engineer on the 4th day of i�=r 11, as afore- said, are hereby made a ?art of this ordinance., and shall be, so far as tl. e construction of sail" sanitary sewer .s o an in bower District to. 4 in said City is concerned, taken and Paelc! to be in effect and have,: i:he saiiie,, foicee do if eh_hbodied in this ordinance. 4. it is hereby ordered and direct'e'd that �Ithin said hewer District Vo. i, as laid out, and described by Com- mission Norm Ordinance No. Alf passed and approved on the i aaa of Aril, l'W2b, a system o sant ry sewers, includin r_r,nh es, _ .. y. ,. flush tanks, inlets andCl Mier ri.�CCSSC- 1�'� appL�I vC:nB.nCeu shall GL' E'S- tuOlisheu and constructed of sewer pipe, brick, cement, Concrete and other materials in the. form, and of the dimensions, locations, char- &Ctr,9r and de aG'."[.'1:(Jti0T1, all as 91:10wi1 ai1J, particularly described 111 said plans, specifications. profile, Laps and form 0'f contract for said system of sanitary sewers heretofore rCf erred to. and made Ea, :art of this ordinance. S UTIOP 5. The said plans, Specifications and estim- ate of the City Engineer, filed in the office of QQ City Clerk of said city on the =<tr:_ day of ';,ril, 1025, shall be safely :kept and _pre- served for future reference, and the same shall be deemed,�consider- eil and held as a basis for the sewers which are by this ordinance or- dered to be constructed within and for said Sewer District No. 4, and all o1: said sewers, inclu.dirlg manholes, flush tangs, catch basins, in - .Lets, branches, laterals, outlets and appurtenances, shall be con- structed and completed of the material and dimensions and in the lo- cation and according to the manner of construction and in all other particulars inaccordancewith said plans and epecificati.ons,and all bids, contracts, calculations and estimates for the construction of said secrers, or any _'dart thereof, shall be based upon said plans, spec- ifica.tionz and estimate, subject to the provisions of this ordinance. L'C'i'ICI u. The City Clerk of the City of Cape Girardeau, hi000uTi, is s hereby authorized and directed, as soon as this ordinance shall have been duly- passed and approved, to advertise forthwith for scaled bids fur the construction of tie Uc ors herein provided for, in- cluding all parts and appurtenances covered by said _plans and specifi- cations, said advertisements to be run once each week for two consecu- tive wee!ns in the dally boutheanL l'J issourian, published in the City of Cape Girardeau, and which paper is doing the city printing. All bids slha.il be shad; on printed. forms, and the city clerk is hereby instructed to furnish all persons wishing to bid witI1 such forms, together with copies of this ordinance and with instructions to bidders to be attached thereto. Anyone desiring a. copy of the plans aid specifications may procure some from the city clerk: or the city engineer, upon hakind a deposit of "40.00 therefor, such deposit to be returned if bona fide bid is submitted. Proposals shall be enclosed in a sealed envelope, addressed to the buyer and City Council of the City of Cape Girardeau, Missouri, c/o the City Clerk, Jape Girardeau, Missouri, and marked on the outside of such envelope "Proposals Per Sewer System in Sewer Dis- trict ho. 4". UECTILT 7. Each proposal shall have enclosed with it a certified check on a Bank satisfactory to the city in tike amount of 5/,, of the total amount of the bid, and said check shall be payable to the order of the City Clerk, A. P. Behrens, which shall be retained as a guarantee of good faith on the part of the bidder, until the bidder to whom the contract may be awarded shall have entered into contract and executed satisfactory bond, as hereinafter required, when eaid check will be returned. � a i x s .F a 3 I aid proposals shall be received until 10 o'clock A. M. on Monday, the 25th day of P+ y, 1925, at which time said proposals will be opened and considered in open session of the City Council, and the advertisement for bids required to be published as aforesaid shall state the date and the hour when such proposals shall be opened and considered by the Council. On said date and hour, to -wit, I;onday, the 2uth day of Tray, 1925, at 10 o'cloch A. A., after the Council shall "nave opened and considered said proposals, Lho worj, for the construc- tion of t.ne sewerage system in said Sewer District 10. 4 shall be let by the council to the lowest and best bidder. Do bid will be accepted unless the bidder expressly stipulates that he will accept special tax bills issued in accordance with the law and the ordinances of said city in full payment for the work under the contract provided herein. The City of Cape Girardeau reserves the right to reject any and all bids presented for the construction of a system of sewers as provided herein. If it should so happen that no bid be received, or, if received, all bids shall be rejected, then, in that event, the council shall, by revolution, instruct the city clerk to again adver- tise for proposals or bids as in the first instance, in accordance with Section G of this ordinance. SECTIOI! 8. All 'bids for the construction of said sewers shall be considered and held as subject to the provisions and requirements of this ordinance, whi&i shall be deemed and taken to be a part of any contract let for said work. S7CTIOIJ 9. The contractor, or contractors, to whom the work shall be awarded,-' shall, at his oven cost and enpense, provide lights, guards, fences 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 said city against any and all loss by reason of any violation of Vis, or any of the other requirements of this ordinance.- TLCTIOD 10. No contract or award for the construction of said sewers shall be binding on said city until the person, or persons, to whow such contract may be awarded shall enter into a written contract with said city specifying; materials to be furnished., the work to be done and _rices to be paid therefor, containing agreements and stipu- lations on the part of the contractor to furnish said materials and to complete the work of constructing; said sewers in the manner and within the time or tunes provided for in this ordinance, and said contract shall provide that said wort: be done in accordance with said plans and specifications, and shall execute a bond with good and sufficient surety, to be approved by the Mayor of said city, payable to the City of Cape Girardeau for twice the amount of the contract price and conditioned that; the contractor will fully guarantee ,:end indemnify said city and the city council thereof and Sewer District No. 4 therein against any and all damage or loss Which may in any wise result from the connec- tion of said city with said contractor:", by reason of said contract, or by reason of his failure to fully and faithfully carry out the provi- sions thereof. Said bond shall be furnished within ten days after said contract has been awarded, and said contract shall be duly accented by the City of Gape Girardeau, tnrouah its payor, and approved by the Layor of said Citta ,f Cape Girardeau, anal the said Yayor is hereby auth- orized, in behalf of the City of Cape Girardeau, to sign a contract for the construction of said sewers with the person, firm or corporation whose bid has been acceopted by the city council, and said Mayor is hereby further authorized to approve the bond of the contractor, as Acyci5 required, in accordance with the provisions herein. SLC'T101 11. The delivery of the material for said sewers and the actual construction thereof shall begin within ten days after the contractor receives written notice from the city engineer to begin work after said contract leas been awarded by the city council and shall be carried on continuously and uninterruptedly at such rate as will in- sure the completion of said work of constructing said sewers within 200 calendar days thereafter. Should the work, however, be delayed or interrupted by the City Council or officers of the City of Cape Girardeau, or by the .Acts of God, or by any other cause entirely be- yond the control of the contractor, the time of such delay and inter- ruption shall be added to the time herein fixed for the completion of said work, but such delay shall not constitute a claim by the contract- or against the city or City Council or a{ainst Sewer District No. 4 for damages or loss of anticipated profits. SECTION 12. As soon as the work of constructing said system of sewers in said Sewer District No. 4, as herein provided for, shall have been completed under the contract let for that purpose and ac- cepted 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 city council, for its approval. SECTION 13. Upon receiving said report and on being satisfied thereby or by other satisfactory evidence that the contract for the construction of said sewers in Sewer District No. 4 has been in all things complied with, the city council shall, by resolution, declare its acceptance and approval of said work. SECTION 14. As soon as the work has been completed and accepted and approved as hereinbefore provided, the city engineer shall compute the whole cost thereof and properly apportion and charge the same against the lots and tradts of land in said Sewer District No. 4, in and for which the same shall have been done, in the proportion that their re- spective areas bear to the area of the whole of said Sewer District No. 4, exclusive of public highways, streets and alleys, and the city en- gineer shall report said apportionment of cost to the city council in writing, and said report shall include the following: - (1) The total cost of constructing said sewers in Sewer District Ifo. 4 under the contract. (2) The aggregate area of the entire territory in said Sewer Dis- trict No. 4, exclusive of public highways, streets and alleys. .(3) The correct description of each separate lot or tract of land, including the number of the lot, range and block, chargeable with the cost of constructing said sewers in Sewer District No. 4 under the contract, the name of the owner or owners of each separate lot or tract of land, the size of each lot or tract, the proportionate cost price of the total cost of constructing said sewers, and the amount of the cost with which each separate lot or tract of land is chargeable for constructing said sewers in said Sewer District No. 4. SECTION 15. Thereupon the city council shall, by resolution, ap- prove said report, and, for the purpose of paying the cost of constructing said sewers in said Sewer District No. 4, shall, by ordinance, levy a special tax or taxes in accordance with the law, for the amount of said cost, against the lots or tracts of land in the district in and for which the work of constructing said sewers shall have been done, in the propor- tion that the respective areas of the lots or tracts of land in said dis- trict bear to the area of the whole of said district, exclusive of public highways, streets and alleys, and the city council shall, by ordinance, cause to be issued, made out and certified in favor of the contractor or contractors to be paid for the construction of said sewers, certain spec- ial tax bills in accordance with the law, to -wit: as the special tax or taxes against each of said lots or tracts of land as aforesaid as owned by the several owners thereof and in the name or names of the owner or owners thereof, five special tax bills, each for one-fifth of the amount of the special tax against each lot or tract of land in said Sewer District No. 4, which tax bills shall be payable, respectively, on or before 1, 2, 3, 4 and 5 years after the date of their issue, :,d 6h interest from such date at the rate of ten per rent per anniull, until paid, unless 00d within thirty days from said date. SEC1'IuR 16. „aid special ta-- bills shall be made out by the city Enaineer and certified by him, in the naAc of the owner or on'iers u:l' each of said lots or tracts of land and in favor of the contractor, and shall be mined and attested by the city clerk of said city, under the seal of said city, and waien issued and deliver- ed to the contractor in accordance with the law and with this ordin- ance, siiall be payment :in fall of the cost of constructing said sewers, provided, however, that the total amount of said aneclal tun and taxes no apportioned, charged and levied Mainst said "lots or tracts of land s all not es.ceed said engineer's estimate of the cost of the work of c0nstructlna said sewers, together with the cost of engineering and in- spection, and the cost of right-of-way for the sewer route for sewers in said Sewer District 140. 4. SECTIOA 17. All special tat: bills so issued as aforesaid shall be liens against the several lots or tracts of Land described therein, in accordance with the law and the ordinances of said city, and shall so expressly state on their face,and each such certified tax bill 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 land to the charge stated in the bill, and said spec- ial tax bills shall be prima facie evidence of the regularity of the proceedings by which the said sewers were constructed in said ::ewer District ;o. 4, and such special tax bills delivered to the contractor, as aforesaid, shall be assignable and collectible by the holder or owner thereof, and may be sued on and the lien thereof foreclosed in accordance with the Statutes of the State of Missouri" governing the proceedings under which such special tax bills were issued. ECTICit 13. After the delivery of said certified tax bills to the contractor for the payment of the construction of said sewers in said Sewer District No. 4, the City of Cape Girardeau shall, in no event, nor in any n�nner whatever, be liable for, or on account of, the cost of t o work done in constructing said sewers, nor liable for the costs that way accrue in any action thereafter brought on account of said special tax bills by the owner or holder thereof. SF'CTIQY 19. When the said special tax bills are issued un- der this ordinance, as aforesaid, the en,Cineer for the city shall, in accordance �,rith the 'law, cause said tar-_ bills to be registered in a boot: to be provided for one purpose, and shall deliver said book to the collector of said city. `Phe registration of said tab;" bills in said book shall contain the necessary data, to comply with the lawful regis- tration thereof, and may include the following: - (1) The date of each tax bill. The name of the property owner. A' The name of the person in whose favor the tax bill is issued. , (4 The amount of the tax bill. (b The purpose for which said tax bill is issued. (G Find a reference to this ordinance by number and such other info"r,nation as way be necessary. dhenever any special tax bill issued under this ordinance shall ue a,„n a ed, such as ianinont shall be noted on such special tax bill, and the aoni5nce shall exhibit suine to the city clerk and collector, who shall there"jon on the margin of such special tax bill Men, make an appropriate note of bitch assiUm ent. The amount of any such special tam- bUl and the accrued inter - eat way be paid to such city cleric and collector for the owner or holder tiiereoi', at any time, who shall then, or upon uresentation to lira of any such ta.. :ill, receipted as paid, note tll gent on the reg�istr� t:!ereoi , ;,i.lid suo1,_ ei.try e� .all be evidence of the µpa anent of the tax bills as therein stai,.d. ""ten any or✓ner of property a0LLinst w1 ch a spec-la.i tax bill shall be issued sYlall pay tine Owner of tue tax bill the amount tli.ereof, the contractor or assignee shall enderse on the back thereof a receipt of the uiuount paid, and deliver the sane. so endorsed to tiie party mak- ing suci payment, together with a certificate addressed to the city clerk and collector, statin-; that such tax bill has been maid, and the owner or ovaiers of the pro.perty described in the tax bill is entitled to satisfaction thereof on the register and abstract of the special tar- bills, as herein provided, and the city clerk and collector, on receipt of such certificate, shall file the same and enter such pay- mernt and also certify on the back of such tax bill that such satis- faction izas been entered. SECTIO]:; 20. In any contract awarded for the construction of sewers Herein provided for, contractor shall agree to accept special tarp bills in full payment for the work of construction, which shall be delivered to hii� after payment of cost of engineering and inspec- tion, also cost of secur:i_n- riVht--of-way for sewer route, as specified in the enl;ineer's final estimate and as provided by law and by this ordinance, and said taw; bills sha7.1 aggregate -Jr, aanount the total amount of his contract, as may be coin.puted, apportioned and charged, as aforesaid, by the ein ,ineer for said city. 6ECTIOl 21. All ordinances, or parts of ord.ina;ices, in con- flict -witsi this ordi. a?ce are 'hereby repealed. SECTIO] 22. This ordinance shall be :in force wid take effect from and after its _jassa=-e. Passed azid a�n:proved this 13th ,day City Olerl.. of ITz , 192b. i��=='_ IvIa.yo r .