Loading...
HomeMy WebLinkAboutCommForm.2487.02-15-1965 � • , . COMMISSION FOFrM (�-t�?IIJk,v��' _�t�� v���7 t,4TE RAL AN ORDINANCE ADOPTIlJG PLANS AND SPE:�IFICAT:iONS FCti. THE CONSTRUCTION OF A SYSTEM OF SANITAR ,�SEtnTTERS TO BE USED IN Tt�E DISPOSAL OF SANITARY SEWAG:� L'�T THE TEftRITORY DEFINED AS SE'WER DISTRlCT NOs.e•Fb ro•a A SUBDNISIOi1 OF SETr�ER DISTRIr,T NOS 8a/o, IN THE CITY OF CAPE GIRARDEAU, MISSOURI, PARTICULARLY DESCRIBED IN COMMISSION FORM ORDINANCE N0. 1942, OF THE CITY OF CAPE GIR,�iRDEAU, MISSOURI, PASSED AND APPROVED ON THE 25TH DAY OF AUGUST, 195g, SAID PLANS P,ND SPECIFICAT- IONS HAVIlVG BEEN PREVIOUSLY PREPkRED BY THE CITY ENGIN�R, PREVIOUSLY SUBMZTTED TO THE COUNCIL, ADOPTING THE ESTIMATE OF SAID ENGINEER FOR THE COST OF CONSTRUC'"- ING SANITARY SEWERS IN SAID S�WER DISTRIC'F NOs.B•Fa'o;a AND ORDERING COi�TSTRUCTION ('=' SAID SYSTEM OF SANITARY SEWERS IN SAID DISTRICT IN ACCC�.DANCE WITH �t�ID PLANS, SPECIFICATIONS AND ESTIMf�TE C�' COST, AUTHORIZING THE CITY ATTORI�'EY TO NECOTIATE FOR RIGHT-OF-WAY AND F�ISEMENTS OVER V�RIOUS TR�CT5 liND PARCELS OF LI�IJD NECTSS�RY FCfft THE CONSTRUCTION OF SAID �ENTERS, l�ND AUTHORIZING TI� INSTITUTION OF CONDEMML�11- ATION SUITS IF NECESSARY TO ACQUIRE THE NECESSARY RIGHT-OF-WAY AND GROUND ADJOIN- ING SAID RIGHT-OF-WAY F� WORKING ROOM, PROVIDING FOR IETTIl�IG THE CONTRACT FCR THE WORK OF CONSTRUCTION OF SAID SYSTEN! OF �ANITi�RY SEWERS, DIRECTING THAT SAID SEWERS BE PAID FOR BY THE ISSUAN(;� OF SPECIAL TAX BILLS TO BE l�PPORTIONED AND CHARGED AGAINST THE LOTS AND TRACTS OF I�ND EMBRACED WITHIlV SAID SYSTEM OF SArdITARY LATERA� SEWERS IN SAID 5�+,�IER DISTRICT NOs.e'�8��; AS DESCRIBED IN SAID PIr`�NS AND SFECT�'ICAT- IONS, EXCLUSIVE OF PUBLIC HIGHWAYS, STRF�TS, tiLLEYS �'.ND PUBLIC PROPERTY EXC'EPT AS PROVIDED IN SAID PLANS AND SPECIFICATIONS, kND DIRECTING THAT SAID TAX BILLS BE ISSUED tiCCORDING TO LAW AND CONTI�INIlVG AN II�IERGENCY CI�USE. W!-1EREAS, the said Council having been her etofore duly authorized bSr �i.ne vote of the people of the City at an eleetion heYd for that purpose, passed and approved Commission Form Ordinance No. 191+�, on the 25th day of August, 195g, by the terms of which ordinance the territory embraced. �rithin the City of Cape Girardeau, Missouri, was subdivided into thirteen sewer districts, namely Sewer Districts Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9� 10, 11 , 12, and 13, inclusive, a.nd WHEREC�S, the council deems and declares it necessary that a system of�ofera/ sanitary sewers be constructed in Sewer Di�trict A1os�i8bq a subdivision ef Sewer District Noie$�o, without delay, in order that the sanitary condi.tions existing in said territory be improved, and WHEREAS, the City Council has previously ordered the City Engineer to prepare detai).ed plans, specifications and estimate of cost for the construction of said�otcro/ sanitary sewers in said Sewer District No. , and said plans, specifications and estimate of cost have been prepared by said �gineer arid submitted to the Council for approval, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRaRDEAU, MISSOURI, AS FOLLOWS: lo�c�o/ SECTION 1 . That the Council hereby deems and declares that a\public necessity exi�ts for the construction and maintenance of a system of saintary�,�sewers ir Sewer District No58-faioaa subdivision of Sewer District Nosg��Q, as defined in Coaunission Form Ordina.nce No. 1942, passed and approved on the 25th day of August, 1958, a.nd it hereby declares that all of the land embraced within the territory lying within said Sewer District NoS8�6',°aas described in the plans and hereinafter described,will, exclusive of public highways, streets and alleys , •r excepted on said plans, be benefitted by the construction of such sewers as hereinafter provided for in Se�rer District NoS�Fa�oa the boundaxies •f which shall be as follows: All of that part of Sewer District Nos. 8 and 10, described as follows: All of I.ot� 12 to and including Lot 20, Block 3; all of Block 4; all of Lot� 1 to Lot 10, inclu�ive, Block 5; all of Lots 1 to 4 inclusive, Block 7;and all of Lots 10 to 18, inclusive, Block 8, in Red Star Addition, also, begin at the intersection of the E. line of Rand St. and the S. line of U. S. Private Survey No. 3091; thence E. along the S. line of U. S. Private Survey No. 3U91 , to a point which is 150 feet S. of the center of Ftand St., measured norma� thereto; 'tt16ACE in a N. E. direction, parallel ta and 15� feet S. of the center of Rand S`treet and Cape Rock Road, to a point, said point bei.ng i00 feet E. of the W. line of a tract of land in Lot 3, Block H, Capaha Gardens, as said tract is described in a deed recorded in Book 131 at page 497 in the land records of Cape Girardeau County, Missouri, measur�d perpendicular to the '�J. line of said tract; thence in a N. `�. direction and 1�U feet S. of said W. li.ne of said tract 13U feet to the S. line of Cape Rock Roa.d; thence in a N. w. direction to the E. line of a tract of land as sa�e is descr3bed in a deed recorded i.n Book 21U at page 2k6 in thE land records of Cape Girardeau Countg, Mias�ouri, and the N. line of Cape Rock Road; thence in a N. W. direction along the E. line of said tract to a point 150 feet N. of the center of Cape Rock Road, measured normal thereto; thence in a S. E. direction parallel to and 15� f'set N. of the center of Cape Rock Road to a point 100 feet W. of the '�T. line of said tract recorded in Book 210 at pag� ?1�.6, meaaured perpendicular to said W. line; thence in a S. E. direction parallel to the said W. line to the N. line of Cape Ro�k Road; thence in a sotithwesterly and northwesterly direction along the N. line of Cape Rock ftoad to a point 100 feet E. of the iri. line of Lot 3, Block G, Capaha Gardens, measured perpendicul.arto said W. line; thence in a N.E. direction para11e1 to the W. line of �aid Lot 3, to a point 150 feet N. of the center of Cape Rock Road, measured normal thereto; �hence in a N. W. direction parallel to the center of Cape Rock Road to a point on ths £. line of a tract of land in Lot 1, Block G, Capaha Gardena, as said tract is described in a deea recorded in Book 179 at page 397 in the land record.s of Cape Girardeau County, Missouri; thence in a N. W. direction along the E. line of gaid tract to its inter�ection xith the center line of Capaha Trail; thence in a S. W. direction along the center of Capaha Trail to the S. E. corner of a tract of land in Z�ot 1, Bloek F, Capaha Gardens, as said tract is described in a deed recorded in Book 182 at page 24 in the land records of Cape Girardean County, Missouri; thence N. E. along the E. line of said tract to the ld. E. corner of said tract; thence West along the N line of said tract a�d. the N. line of a tract as same is described in a deed recorded in Book 188 at pa�e 1t�1 in thti lazul records of Cape Girardesu County, Missouri, to the E. line of Lot 1, Block E, Country Club Pla thence N. along the E. line of I�o� 1 , to a point 15� feet S. of the N. E. corner of said I�ot 1; thence W. to the center of Country Club Drive at the e�ctreme W. corner of a tract of ].and as same is described in a deed recorded i.n Book 145 at page 124; thence T+�. to the extreme E. corner of a tract in Lot b, Block B, St. Vincent's Park, aa same is described in a deed recorded in Book 1�U at page 26fi in the land records of Cape Girardeau County, Missouri; thence W. along the N. line of said tract to a point 150 feet N. of the center of Country Club Drive, measured normal thereto; thence in a westerly and northerly direction parallel to and 15U feet N. and E. of the center of Country Club Drive and Vincent Avenue to a point 10() feet W. of the E. line of Lot 1U, Block B, St. Vincent's Park, mea�ured perpendicular to said E. line; thence in a S. ;�i. direction paxallel to the E. line of Lot 1G., to the E. line of Vincent Avenue; thence in a N. W. direction to a poir�t on the W. line oY Vincent Avenue on the N. line of I�ot k, Block A, St. Vincent's Park; thence W. along the N. line of Lot 4, 130 feet; thence S. parallel to and 150 feet W. of the center of Vincent Avenue to a point in I,ot 3, Block A, St. Vi.neent's Park, said point being 150 feet N. of the center of Country Club Drive, measured normal thereto; thence W. parallel to the center of Country Club Drive to the W. line oP Lot 3, Block A, St. Vincent's Park; thence S. along the W. line of said Lot 3, to the N. line of Country Club Drive; thence E. along the N. line of Country Club Drive and the the line of Sewer District No. 8-D, to the intersection of the W. Line of a tract in Lot 2, Block C., St. Vincent's Park as said tract is de�cribed in a deed recorded in Book 162at page 546 in the land records of Cape Giraxdeau County, Missouri; thence S. along the W. line of said tract to a point 150 feet S. of the center of Country Club Drive, measnred normal thereto; thence E. parallel to and 150 feet S. of the center of Country Club �rive to the f�i. line of a tract of land as same is described in a deed recorded in Book 219 at pa8e 305, in the land records of Cape Girardeau County, Missouri; thenc� S. along the W. 1in� of said tract to the S. W. corner of said tract; thence E. along the S. Line of said tr�ct to a point 13C feet �T. oY the �i. lin� of Main Street, measured perpendicular thereto; thence S. parallel to and 130 feet W. of the �. line of Msin St. to the S. line of Block C, St. Vincent�s Park; thence E. along the S. line of Blcck C, St. Qincent's Park and the S. line of Markham's Subdivision to the S. E. corner of Markham's Subdi�ision; thence N. along the E. line of Markham's Subdivision to a point which is 150 fe�t S. of the center of Cape Rock Roatj, msasured normal thereto; thence E. paral'lel to and 15U feet S. of the center of Cape Rock R,aad to the W. li.ne of I�ot 1 , of the S. E. Mo. Lumber Co., Subdivision; thence S. along the W. line oY Lot� 1 and 11 , oY said �ubdivision to the N. line of Lot 17, Block G, Capaha Gardens; thence W. along the N. line of said Lot 17, to a point, said point being 130 feet W. of the W. line of a 30-foot street eaaement e�cisting in said Lot 17; thence S. parallel to and 13U feet W. of the �FF. line of said 30-foot street easement to the S. line of Lot 17; thence E. along the S. line of Lot 17, and the S. Iine of U. S. Private �rvey No. 3t�91 to the point of beginning. � . . . � . , � . � . . :i ' . . . i . . I - SECTION 2. That the said pZans, snecifications and estima,te of cost for the construction of said system of sanitary sewers in said Sewer District Nos S�F�''o-" above described, and previously submitted to the Gouncil are hereby approved and adopted as the plans, specifications and estimate of cost �or the construction of said system of sanitary sewers in said Sewer District Nos�'rs�o� and are by the Council ordered filed in the office of the City Clerk of the City of Cape Girardea�i Missouri. SECTION 3. That the estimate of cost for the construction of said system c���Qfe'a� sanitary sewers in said Sewer District No5 �Fa1D; abotr-^, r�.`�.�:.=d to is here��r approved and adopted by the Council as the estimate of cost for the constructicn of said system of sanitary sewers in said sewer District NosBF$1O; and it is hereb;� ordered by the Council that th� total cost of construction of said sewer sys+em shall not exceed the amount of the estimate �f said engineer and no contract herein authorized shall be let for the construction of said sewer syste�a which calls for the expenditure of money and the issuance of special tax bills in a greater amount than the total cost of the sane contained in said estimate, provided however, that this section shall not apply to the cost of acquiring the right-of- way and working room necessaxy for the construction of said sewers. SECTION 4. Said pla.ns, specifications and estimate of cost, together with the prof ile 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 i.n 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, specifications and estimate of cost, and on said profile and on the form of contract. SECTION 5. It is hereby ordered and directed that a systen of sanitary sewers for the removal of sanitary sewage �nly, including manholes and all other necessary appurtenances be established, constructed and maintained in said Sewer District No�BFa`°; of sew�er pipe, cast iron, brick, cement, concrete and other materials in the form and of the dimensions, location, character and description shown and particularly described in said plans, specifications, estit�te and profile of said system of sanitary sewers made by the City Engineer and heretofore referred to and ma.de a part of this ordinance. SECTION 6. The said plans, specifications, estimate of cost, profile and form of contract for said system of sanitary sewers in said Sewer District N�. sha1Z 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 Nos&F6'O; 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 accord- ance with the said plans, specifications, estimate of cost, and prof ile and all bids, contracts and calculations for the estimate of construction of said sewers shall be based on said plans, specifications, estimate and profile, subject to the provisions �f 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, prof ile and form of contract for said work, shall be done under a eontract let in harmony with the provisions of Chapter 88, of the Revised Statutes o.f Missouri, 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 eorporations desiring to bid on such construction. Prospective bidders desiring to examine said plans, specifications, estima.te 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 Mayor and City Council of Cape Girardeau, Missouri, in care of the City Clerk of Cape Gira,rdeau, Missouri, and marked "Proposal for Sanitary�Sewers in Sewer District NoSB�d�da" Ld feirr! SECTION 8. Each proposal shall have enclosed with it a certified check or bid bond satisfactory to the City Council in the a.maunt of Five Hundred Dollars ($ 500.00), said check to be made payable to the Mayor of the City of Cape Girar- deau, 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 9. The City Council will meet in open session at 2:30 P. M., C.S.T., on , and proposals of bidders will be considered at that meeting and at any subsequent meeting Y:eld by the Co��ncil for that purpose, Any bidder may be present at any such meeting and explain his bid in person. At such meeting as the Council ma,y a�em p�oper, l.�e r���.t�er of awarding and making a contract for the constructio-� c� s�.id sy;tem of sanitary sewers in said Sewer District NoSSF�`aa may be acted up�n by the Council and the final action taken by the Council will be according to its best judgment and discretion afte� f�.ill consideration. No bidder will be considered by the Council unless the bidder expressly stipulates in his proposa.l 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 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 set�;ers herein provided for. SECTI�1 10. All bids for the construction of said sanitary sewers shall be considered and held as subject to the provisions and requirements of this ordinanee 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 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 dama.ge on account of said work from the commeneement to the complet- ion thereof, and shall indemnify the City of Cape Girardeau against any and all losses by reason of the violation of this orany 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 contractor to furnish said materials and to complete the work of constructing said sewers in the manner and within the tame provided for in this ordinance, and said contract shall provide that said work shall be done in accordance with the plans, specif ications, 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 provided by law and further conditioned that said contractor will fully guarantee and indemnify the City Council, the City and said Sewer I}istrict NoSBFa�O; against any and all damage or loss which might in any wise result from the connection of the City with said Contractor or by reason of said contract, or by reason of his failure to fully and faithfully carry out the provisions of said cont ract, or by negligence of said Contractor or any subcontractor, employee, servant or agent of either. Sa.id 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 beha].f of said City, is hereby authorized to execute in the name ef the City such contract for the construction �f said system of sanitary sewers in said Sewer District Nos�Faj6; 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 sanitary sewers and the actual construction thereof shall be started one week after a written notice to proceed has 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 •f said work of constructing said system of sanitary sewers in six (6) months after the date of such notice. Should the work however be delayed or interrupted b� the City Council or off icers of the City of Cape Girardeau, by kcts of God, or by 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 work, but such delay shall not constitute a claim by the Contractor against the City or the City Council, or against Sewer District NosaFi�o; for dama.ges or for loss of anticipated profits, or ar�y 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 easerr�ents for said sewer system must be obtained over and across the property hereinafter described. The City Council further iinds that i�t will be necessar� to secure in addition to the easements described below, adjoining ground on each side there- of for working room necessary for access and working room du.ring the constructicn of said sewers, but that the easement acquired 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 following described property for said right of way easement, together with easements for access and working roo:.�, and in the event the City Attorney is unable to secure such easements for a reasonable price, authority is hereby given to the City �ttorney to institute condemnation suits in the name and behalf of the City of Cape Girardeau, Niissouri, to acquire the necessary right of way and access and working room e�sements necessary for the construction of said sewer system. 1 . Part of Lot 17, Block G, Capaha Gardens, bein� a strip of land 3� feet wide deseribed as follaws: Begin at a point on the N. line of Lot 17, said point being 1U� ft. W. of the co�unon corner of I,ots 15, 16 and 17, Blk. G, Capaha Gardens; thence in a southeasterly direction to a poi.nt on the IV. line of Rand St. , said point being 200 ft. southwe�terly from the i.ntersection of the IJ.E. line of I�ot 17 and the N. line of Rand St.; thence southwesterly along the N. 1ir�,e of Rand St., 3U ft.; thence in a northwesterly direction to the N. l�ne of i,ot 17, to a point 11�3 ft. 4�. of the common corner of Zots 15, 16 and 17, Block G; thence east alang the I�. line of Lot 17, 35 feet to the point of beginnin�. 2. Part of Lot g, Ma.rlcham's �ubdivision being a strip of 1.and 1 U feet wide, lying 5 feet on each side of the followi.ng described center line: Begin at a point on the S. line of Lot 8, 2g.7 ft. W. of the S. E. corner of Lot $; thence N. to a point on the S. �.ine of I�ot 5, M::skham's ,S�.ibdivision, said point bei.n� 15 fet. W. of the S.E. corner of said Lot 5. 3. Part of Lot 7, Markham's Subdivision as said part lot is describea 3.n a deed recorded in Book 19$ at pa�;e 649, in the land records of Cape Girardeau County, lvlissouri, same bei.ng a �trip of land 10 feet wide lying 5 feet on each side of the fo�lowi�rg described center 1ine: Begin at a point on the S. line of Lot �, Markham's Subdivision, 2g.7 ft. 6°d. of the S.E. corner of Lot �; thence N. to a point on the S. ].ine of Lot 5, Markham's Subdivision, said point being 15 feet a�t. of the S.E. corner of said Lot 5. 1�. Part of Lots 6 & 7, Ma.rkham's �i.bdivision as said part lots is described in a deed recarded in Book 198 at page 647, in the land reeord� af Cape Gixaxdeau County, l��.ssouri, same being a strip of land 1 U feet wide lyi.ng S Yeet on each side of the following described center 1ine: Begin at a point on the S. 1i.ne of Lot 8, �;arkham'� S�bdivision, 28.7 ft. W. of the S. E. corner of Lot 8; thence Pd. to a point on the S. line of Lot 5, Markham's Subdivision, said point being 15 ft. W. of the S.E. eorner of said Lo� 5. 5. Part of Lots 2, 5 and 6, Markham's Subdivision, as said part of lots is described in a deed recorded in Book 198 at page 61�7, in the land records of Cape Giraxdeau County, Missouri, same being a strip of land 1U ft. wi.de 1yin� 5 feet an each side of the following described center line: Begin at a point on the S. line of I,ot 8, Markham's �tbdivision, 2g.7 feet W. of the S. E. co-rner of T�ot 8; thence N. to a poi.nt on the S. line of Lot 5, Niarkham's Subdivi$ion, said point being 15 ft. W. of the S.E. corner of Lot 5; thence N. paxal�.el to the E. l;.ne of S�ots 5 & 2, Niarkham's Subdivision to the S. line of Cape _'�ock Road, and ther� terminating. 6. Part of Lot $, Block �., Red Star Addition, being the S. 1U ft. of said Lot �. 7. Pari:, of Lot 2, Blk. C� St. Vincent's Park, bein� a strip of land 1(7 feet wide ].ying west of and ad�oining the E. line of Lot 2, beginning at the S. line of Lot 2 and extend3.ng to the S. line of ?�andis St. 8. Part of Lot 2, Blk. C, St. Vincent's Park being a strip of 1and 1U feet wide lying west of and ad�oiriirig the E. line of Lot 2, beginnir�►g at the N. line of Landis St. and extending N. 87.9 ft. to the N. line of a tra;;t of land as same is described in a deed recorded in Book 1g9 at page 5U7 in the land records of Cape Girardesu County, Missouri. 9. Part of I�ot 2, Blk. C, St. Vincent's Park, being a strip of `land 1U ft. wide �,ying N. of and adjoining a tract of land as same is described in a deed recorded in Book 1�9 at page 5U7, in the land records of Cape Girardeau County, ��issouri, begi.nning at the E. 7ane of I,ot 2, and extending west 73.8 feet. 1U. Part of Lot 2, Blk. C, St. Vincent's P:.rk, bei.ng a strip of ]yand 10 feet wide, N. of and ad3oining a tract of land as sams is described in a deed recorded in Book 189 at page 5U7 in the land records of Cape Girardeau County, l�iissouri, beginning at a point 7$•3 ft. ��T. of the E. l.ine of Lot 2, and extending west 78.3 feet. , SECTION 14. That as soon as the work of constructing said system of sanitary/afc�o/ sewers in Sewer District I�oSeF$�O� as here��l procid���i fer, shall ha.ve been com- pleted under the contract let for tha-c ps�ro�e an�. ac^.epted and approved as afore- said, the City Engineer shall, without de�ay, make a written report to the Ci-tv Council of the character of the work and whether or not the same was performe� 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 sha11 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 wilich 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, and apportion and charge the sa.ms as a special tax against the lots or tracts of land embraced by the plans, specifications and estimate of cost for the cons�ruction of said system of sanitary sewers in said Sewer District NosB'`a'°; in. and for which said sewer system shall have been constructed in the proportion which the respect- ive areas of said lots or tracts of land bear to the area of the whole district, exclusive of public highways, streets, alleys and public property, except that excepted by said plans, and the City Engineer shall report such apportionment of cost to the Council in writing, which report shall include the following: /ofe�a/ 1 . The total cost of constructing said system of sanitary„sewers in Sewer District NoS Pf&/oA 2. The aggregate area of the entire territory included in said system of sanitary sewers in Sewer District No58F8'O; exclusive of public highways, streets, alleys and public property above mentioned. 3, The correct description of each separate lot or tract of land including the lot, block, range, subdivision or addition in which the sa.me is situated chargeable with the cost of constructing said sewers in Sewer District No.i.8�8�0; under this contract. /�. 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 o� 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 Clerk shall, as soom as said report of the apportionment of cost 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, a special tax bill against each pa.rticular lot or tract of land in said Sewer District NosBF��O; as above described, which tax bills shall be pay- able from and after 60 days after the date of issue, with interest from such date at the rate of eight (8) per cent per annum until paid. SECTION 18. Said tax bills shall be certified by the City Clerk under the seal of said City, �,nd when said special tax bills are issued to the contractor in accordance with the law and this ordinance, they sha1Z be accepted as pa.yment in full of the cost of constructing said sewers as hereinabove described, provided however, that the total amount of said special tax ' �o apportioned, charged and levied against said lots and tracts of land shall not exceed the Engineer's final estimate of the cost for the construction of s�zid sewers. SECTION 19. I�11 special tax bills so issued, as aforesaid, shall be liens agai.nst the respective lots or tracts of land described therein in accordance ti,rith the law and ordinances of said City, and they 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 furnishin.g of the material charged for, and of the liability of the land described in the bill, and said special tax bill shall be pritna facie evidence of the regularity of the proceedings by which such sewer�- were constructed in said Sewer District NoSd�$�a� Such special tax bills delivered to the contractor, as aforesaid, shall be assignable or collectible by the holder �hereof and may be sued on and the lien thereof foreclosed in a,ccordance with the statutes of the State of Missouri covering the proceedings under which such special tax bills were issued. SEC�ION 20. The City of Cape Girardeau, Missouri, shall in no event, nor in any manner whatever, be liable for or on account of the work done 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 spec::.al tax bills by the owner or holders thereof. � 4 � f • ! SECTION 21 . When said special tax bills are issued as herein provided, the City Clerk of said City shall, in a.ccord�.nce with the law, cause said tax bills to b� registered in a book to be provided for that purpose. The registration of such tax bills in such book shall contain the necessary data to coMply with the lawful registration thereof and may include the fol�_owing: 1 . The da.te of such tax bill. 2. The name of the property owner against whom s�.me is issued. 3,. The r.�.me of the person or firm in favor of whom the tax bill is issued. 4. The amount of such tax bill. 5. The purpose for which s�id tax bill is issued. 6. A reference to this ordinance by nurriber. 7. At le�st an abbreviated description of the property described in such t� bill. $. If such tax bill has been assigned by the contractor to another party the name of such party, and such other inform�tion 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 ba paid to th� City C1erk 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, SECTIGN 23. Every such special tax bil.l 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 shall be noted on such special tax bills, and the assignee shall exhibit the same to the City Clerk and Collector, who shall thereupon on the margin of such special tax bill make an appropriate note of such assignment. SECTION 2�.. When any owner of property against which such special tax bill shall be issued, shall pay to the owner of the tax bill, the auzount thereof, such owner shall endorse on the tax bill a receipt for the amount paid and deliver the same so endorsed to the party ma.king such payment, together with a certificate addressed to the City Clerk and Collector st?ting that such tax bill has been paid, and the owner or owners of the property described in such tax bill is entitled to satisfaction thereof on the register and abstract of special tax bills herein above provided for, and the City Clerk and Collector on receipt of such certificate, shall file the same and enter such p�.yment and shall also certify on the tax bill that such satisfaction has been entered. �ECTION 25. In any contract, awarded for the construction of sewers herein provided for, the contractor shall agre� to accept special tax bills in payment for the work of construction as hereinabove provided, and said tax bills shall be delivered to him anc3 such tax bills shall a�ggregate in amount the total amount of his contract as computed, apportioned and charged by the City Engineer, Upon receipt of said tax bills the contractor shall at once notify all property owners of the amount of each tax bill, with information sufficient to identify the tract assessed, and where said tax bill may be paid. Such notice shall be made by mail. SECTION 26. All ordinances or parts of ordinances in conflict wi.th 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 Nor gF$'0; 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 ar.d in order that the construction herein contemplated may move forward rapidly and with consequent benefit to all citizens of the City, the Council finds that an emergency exists within the Statutes of Missouri authorizing emergency legislation, and this ordinance shall therefore take effect and be in force from and after the date of the passage and approval. � � �Cl�c-G ,j� First reading given this �- day of � � , 19b T� � — Second and third readings given this ��'- d�y of �-��-`�, , 196.5 � and said ordinance finally passe;d and approzred. � . � Mayor Attest: ���(t-0�� U � . GC.0�C.��C.r� .,, i�,' �J..'Y:.