HomeMy WebLinkAboutCityMgrForm.171.08-16-1967 . � . � , ,
� CITY MANAGER � '
�� FC�tM O�i.DINANCE N0. �7�
AN ORDINANCE ADOPTING PLANS AND S�CIFICATIONS FOR THE CONSTRUCTION CF'
A SYSTEM OF' SANITARY SEWERS TO BE USID IN THE DISPOS�L OF SANITARY
SEWAGE IlJ THE TERRITOR7C DEE'INED AS SEWER DISTRICT N0. �2�� , A SUBDNTSION t�+'
SEWER DISTRICT N0. 12 , IN THE CITY �' CAPE GIRA�E�U, MISSOIA�I, PARTICUL�ARLY
DE5CRIBED IN CONII�IISSION FQ3M ORDIlJANCE N0. 1942, (�' THE CITY CF CAFE GIfiARDEAU,
MISSOiJRI, PASSED AND A PPROVED ON THE 25TH DAY (F AUGUST, 1958, SA ID PIA NS AND
SPECIFICATIOAIS HAVING PR�'VIOUSLY BEEN PREPARED BY THE CITY ENGINEER, PREVIOUSLY
SUBMM'TID TO THE COUNCIL, ADOPTING THE ESTIl�ATE (F SAID ENGINEER FCR Tf� COST CF
CONSTRUCTING 5:LNITARY SEWERS IN SAID SEWER DISTRICT NO��::,E��ND O�tDERING
CONSTRt�TION �' SAID SY3TEM OF SANITARY SEWERS IN SAID DISTRICT IN
ACCORDANGE WITH SAID PLANS, SP$�IFICATIONS AND ESTIMATE (F COST, AUTHQt IZING
TI� CITY AfiTtyRNEY TO NEGOTIATE FOR RIGHT O�F WAY AND El�SEMENTS OVER VARIOUS TRACTS
AAID PARCELS G�' IA1rID NECESSARY FOR THE CONSTRUCTIQN aF' SAID SEWER SYSTEM, �IND
AUTHOff�IZING THT IN3TITUTION C�' CONUEI�II�IATION SIIIT3 IF NECESSI�IRY TO ACQUIR$ THE
NECESBARY RIGHT OF WAY AND GROUND ADJOINING SAID ftIGHT OF WAY F� W�tKING ROdM,
PROVIDING FOR LETTING THE CONTRACT FOR THE WORK �' CONSTRUCTION �' SAID SYSTEM
�' Sanitary SEWERS, DIRECTIlVG THAT Sf�ID SEWERS BE T�ID FOR. BY THE ISSUANCE
OF SPECIAL TAX BILLS TO BE APPORTIONED AND CHARGED AGAIlJST THE IAT� AND TRA.CTS 0�`
LAND EMBRACID WITHIN S�AID SYSTEM �' San�.te�zy SEWERS IN SA1D � DISTRICT N0.
12«-� , AS DESCRI�ED IN SAID PTANS AND SPECIFICATIONS, EXCLUSIVE C� Pt}BLIC
-1 HIGHWAYS, STREETS, ALIEYS AND PUBLIC PROPERTY EXCEPT AS PROVIDEfl IlJ SAID PIANS
AAID Sl'ECIF'ICATIONS, AND DIRECTING THAT SAID TAX BILIS 8E ISSUID ACCORDING TO
LAW AND CONTAINING AN EMERGENCY CIAUSE.
W�REAB, the said Council having been heretofore duly authorized by the
vote of the people of the City at an electian held for t,hat purpose, passed
and app�wved Commission Form Ordinance No. 1942, on the 2�th day oP August,
i958, t�y the terme of which ordinance the terri#,ox•y embraced withiz� the City oP
Cape Gi.rardeau, Missouri, s,ias subdivided into thirteen sewer districtag, namoely
Sewer Distr'i�t9 No. I� 2� 3� 4� 5� f�� 7� 8� 9� 10� 11� 12� sud 13� inclusivs,
and
W�B, Lhe council deems a,nd declaat�es it neceasary that a system of
senitary aewers be construated in Seaer District No. 12-�E a
�ubdivieioa of Sewer District No. 12 , without delay, in order that the
aanitary conditions exiating in said territory be improved, and
WHEREAS, the City Council has previotisl,y ordered the Cit4q Eagineer to
prepare detailed plans, specificatior�s and eatimate of cost for the constructiau
o! eaid �aasitary sewers in said Sewer Dietrict No. 12-F� , and said
plana, apecifications and estimate of cast have been by said Engineer preparefl
and submitted to the Council for apgovel, N(yW Tf�R�'C'�tE,
B� IT O�DA IIQED B7[ THE C ITY COUNC TL OF THE C ITY 0�' CAPE GIRARDEAU, MISSOtJRI,
AS FOLIA�iS:
SECTION l. The Council hereby deems and declarea that a publlc nece�saity
exi�ts for the conatruction and maintenance of a aysten of aanitarq
sewer� in Setrer Dietrict No. 12-EE , a subdivision of Sewer Dist,rict No. '�2
as defined in Commisaion �'orm Ordinance No. 1942, passed and approved an the
25th day of August, ].958, and it hereby further declares that a11 of' the
land embraced within the territory Iyirig wi:thin said Sswer District Aio. 12-�
as described in the glans, specificationa ar�d estimate oP cost prepax�ed by the
City Engiaeer at�d previously submitted to the CounciZ, will, exclusive of public
highwaya, streets and r�lleys not de�ignate�i by said plans, specifications and
estimate of coat as benaPitted therebq, be benefitted Ysy the aonetrnction af
such sewers as hereinafter provided f'o� tn Sewrer Dis�t,r3ct No. 12-�
That the bounderiea of eaid Sewer District No. 12-�hall be as follawes
Part of outlot,� 74 and ?5 in U.S. PY'iqa,te Surv�eyy Nc. 2199 deaaribed eas follow�s
Bagin at the Northsreat eorner of Int 15, �ack Su�;diviaionf the::ce I�ast �long
the North line of Deck Subdivieion to the East line of �lam�s, �iei�,hta; thenae in
a Northeaet dfreetion along the Eaat line of A1.a,nna Heights to a point� s�e,id
r�oint being 100 ft. HTorth of the 1�'orth line o#' Deck Subdiviaion� extended cind
measured pex�pendicsular thereto; thenoe Ee�et to a point on the West line of �brest
, Avenue� said �oint being 10Q ft. North of' the tdorth line of a tract of 1,and a�
st� ia described in a deed r�aoY�dAc3 in s�ok 177 at pt��o 42g in the ].�nd records
of Caae Girardeau County� ?��.sBouri; theace North alon� the taeat lixie of Fbrest
Averiue to the North line of Lot ?./.� B1aak 2 f �g�d �ights 2nd Subdiv3a3on�
extended West; thenae F$st along the North line of sa�c1 Lot ?J.� e:��ended� �nd the
1
. , . . r
, t v
North line of Highland Hei�hts 2nd Subdivieion to the Northeast corner o£ Lot 13�
Bloek 2 Highland F1�aights 2nd Subdivision; thsnce in a N�"Cheast dirEetion to
the Sou�.hwoest corner of Lot 12� Bloelc 1� Perry Place, thence with the 3outh and
East lines of I.ots 12 and 14� B1.c5ek 1� Perry Plsae to the Northeaet coraer oP
said Lot 11; thence 3n a Northwest direction along thg North line of said Lot 11�
to the idorthw�at oorner of' said Lot 11; �,hence North to the Northwest oorner of
I�t 'f0, Block 1� Perry Place; thence Eas� alon� t,he North line of �erry Place to
the Nor�h�rly a,oet East corner of Lot 8, B].ock 1 Perrv Plaee; thenae in a South-
east dixeetion a3ong the ��ast linss of u�te g anr� ?, Bloek 1� i'erry Place to the
5outhesst corner of said I,nt ?; thenae E�.st to the Northeast aorner of Lot 5�
Bloak 1� perry Place; thence South to th� Southeast corner of szid Iut 5; thence
�.n a Southeast direction to the IJortheasi; corner of Z,ot 5� Black 2� Perry Place;
'�hence South along tbe East Zina o� said Lot 5� to the South iine of Perry Plaee;
thence West along the 3outh linea of �arry PTace and Highland Hei�hts 2nd Sub-,
division t,o the Eaat line of Outlot 75; 1,hence South along the �aet line of Ou'�-
1Jot 75 � �e North line of Sewer Diatrict No. 12-Pf thence Weet with the North
line of Sew��r Diotrict No. 12-P to the Sauth line of Lomt�a.rdo Llrive; thenae West
�long tne Sonth Iine of Lombardo Drive to the �ast line of Sewer .�istri.ct 1Va. '12-r';
�'hence :�orth along the East line of Sewer District No. 12-F to the point of
beginnib8.
, SECTION 2. That the said plans. S1�PC1f�_catio�� ard estimate of cost �ar the
const'ructio� of said system of sanitary se��rers in �aic� ::awer D:�.strict No, 1�� ;
above described, an.d previously submitted �o the t;ouncil are hereby approved a�cl
adopted as the plans, specifications and estimate of cost for the constr.uc�ien
of said system of sanitary sewers in said Sewer Distri.ct n1o,12—� and are b,y th�
Council ordered filed in the office of the City Clerk of the City af Ca�e Girarde�,�u
Missouri.
SECTION 3. That the estimate of cost far the construction of sa_i_d s,ys�:em e-�'
sanitary sewers in said Sewer Distri�t No,'1�� abov^ r.,`.�,�;.=d to is hereb��
approved and adopted by the Council as the estimate of cost for the construction
of said system of sanitary sewers in said aewer District No.12—� and it is hereb�,r
ordered by the Council that th$ total cost of construction of said sewer systsm
shall not exceed the amount o� the estimate �f said engineer and no contract
herein authorized shall be let for the construction of said sewer systeM which
calls for the expenditure of money and the issuance of special tax bills in a
greater amount than the total cost of the sa.r�e contained in said estimate, provideci
however, that this section shall not apply to the cost of acquiring the right-of-
way and working room necessary for the construction of said sewers.
SECTION 4. Said plans, specifications and estimate of cost, together with
the profile and form of contract for said work made by said engineer and ordered
filed this day, are hereby made a part of this ordinance and shall be in effect
and have the same force as if embodied herein for the purpose of identification
of the same in the form in which they now exist, the City Clerk of said City is
hereby directed to place her file marks ower the official signature on th�_s date
of presentation and first reading of this ordinance on said plans, specif ications
and estimate of cost, and on said profile and on the form of contract.
SECTION 5. It is hereby ordered and directed that a system of sanit.ary
sewers for the removal of sanitary sewage �nly, including manholes and al_l other
necessary ap urtenances be established, constructed and maintained in said Sewer
District No.�2'� 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, estimate a.nd
profile of said system of sanitary sewers made by the City Engineer and heretofore
referred to and made a part of this ordinance.
SECTION 6. The said plans, specifications, estima.te of cost, profile and
form of contract for said system of sanitary sewers in said Sewer District N�.���
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.��'�E� 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 estima.te 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,
profile and form of contract for said work, shall be done under a oontract
let in harmony with the provisions of Chapter 88, of the Revised Statutes o�
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 corporations desiring to bid on such construction. Prospective bidders
desiring to exasnine 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 siun
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, i.n care of the City Clerk of Cape Girardeau, Missouri,
and marked "Proposal for Sa,nitary Sewers in Sewer District Aio.��"EE��
SECTION 8. Each proposal shall have enclosed with it a certified check or
bid bond satisfactory to the City Council in the amount 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 held by the Council for that purpose.
Anybidder may be present at any such meetin� and explain his bid in perso�. •
At st�ch meeting as the Council ma,y d^em prope_^, 1•`�e l�•�,-tter of awardin� and:� �
making a contract for the constructio� c_� sai_d syste:n of sanitary sewers in said
Sewer District No.12� may be acted upon by the Council and the final ac+ion.
taken by the Council will be according to its best judgment ar.d discretion afte:�
f�ll eonsideration. No bidder will be considered b�r the Council unless the
bidder expressly stipulates in his propos�.�_ that he will accept special tax bills
issued in accordanee with the law and ordinances of the City in full payrnent for
the work under contract provided for herein. The City of Cape Girardeau reserves
the right to re ject ar�y and all bids for the construction of the s:�*stem n.f sewers
herein provided for.
SECTION 10. All bids for the construction of said sanitary sewer� sha,il be
considered and held as subject to the provisions and requirements of this
ordinance which shall be deemed and taken to be a part of any contract J_et for
said work.
SECTION 11 . The Contractor or Contractors to whom the contract shall be
awarded shall at his or their own costs and e�ense, 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 complet-
ion thereof, and shall indemni.fy the City of Cape Girardeau against ar�y 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 time provided for in this ordinance�
and said contract shall provide that said work shall be done in accordance with
the plans, specifications, estimate of cost and profile adopted by this ordinance
and further provide that the contractor shall be required to execute bond with
good and sufficient sureties, to be approved by the City Council of the City,
and payable to the City of Cape Girardeau, for the amount of the contract price.
Sa.id bond shall be conditioned as provided by law and further conditioned that
said contractor will ful],y guarantee and indemnify the City Council, the City
and said Sewer District No.12� 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 contract, or by negligence of said Contractor
or any subcontractor� emplo�ree, servant or agent of either. Said bond shall be
furnished within twenty (20) days after said contract has been �.warded 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 construction �f said system
of sanitary sewers in said Sewer District No.12� 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 eompletion •f said work of constructing said system of
sanitary sewers in six (b) months after the date of such notice. Should the
work however be delayed or interrupted by the City Council or off icers of the
City of Cape Girard.eau, 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 fi.xed 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 No�� for damages or for loss of anticipated profits,
or ar�y claim whatever. The Council shall also have the right, f or good cause
shown, to extend the time beyond that herein specifically given for the completior,
of the work.
•SECTION 13 A. That the �ity Council finds that r�_ght of wa.y �asement5, for ��
said '�sewer'•system must be obta�.ned o�rer and acros, r.he propert3r hereinafterc ;
described. The City Council further fir.ds that it will be necessary 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 during the construction
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 �ttorney 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 Gi.rardeau, Missouri, to acquire the
necessary right of way and access and working room e�sements necessary for the
construction of said sewer system.
9. � s�.rip af lancl 7Q Pe�t w�ic�a of�` of thQ aauth �ide of' ?At 7�, Block 3,
I,ar�dgrsf'� �e-Sub�ivisfon oP a� �t of Alanna Heighta! beginnin� on tho
East line Qf s�id Lot 7� and extend3_r.� 4Jest to a point 10 fc;�t e:est oJ'
tina Qx-i.at:in� sanitary €��e�rer in :'.�ew�er Di$trict ?�. 12-:.
2, A �trip of land 10 feet w3.da off oP the South sida of Iot 6, B1ook 3�
I,�nd��'is R,e-Svbdivi�ion oP a psrt af A3�nna �eiGhts.
3. n ��:fP of lanr� 10 feet wid.e nff' of fi.he e�.tre.�e Sout� sic�� of Int �,
B1Aok 3� Iaridgraf�s Re-Subd3.vi�3.on af a part of Alanx�a. Hei�ht�� the
T�orth liae of said 10 !'aot etri�� being paara7lel to the South line of
eir�ia r�-su3divis��� n.
t" He�rt of Outlnt 75 in U.S,i'.S. ?3c�. 2199 �in� a stri� c�f Iand 10 feet
wide l,yit�g I�rth of and ad joinirig tsle� :outl� iine a£ a traat af lmr�. as
ssr�a ia deaQribed in a deewd raaarded in Ba,k 16? nt pa�;e 22 in the Iarx3
reeords oP Cape Girardesu Count�*� �•'�.ssouri.
5. F'art of B1oak 3� i�ighl,ancl Haig�z�s 2nd �ubdivisian, bein� a strip af I.and
10 f�t �aide' the center line af seid strip beir� 16 feet Narth oY
t.he �auth lin�e of aaid Block 3a b�inning at the �aet lirfe of Farest
l�vexnze az�d extanding to th� F,aat 2ine of Lot 12 in se.id Block 3.
6, rtar�t of Lot 12, �31ock 2, r'erry r'�ce bcing a st,rip of 3.as�d 1� fe�t
�ide ��ross ssid 1ot� the aentea^ line of sr�id strip bein� 16 feet Narth
of cand paral].eI to the So�zth 1in� of eaid Blaak 2.
7� tar� of Ivt 11, �k 2, �'erry :'la.ce being a etrip of Ianu 1fl feet wide,
a+aross said lot! the c.eanter line a�' ssaid �trip being 1b f�t 2�arth of
ax3d pr3re�17.eI to the Sc��ith line uf sa.�d �Iac?� 2.
$, i�ax�t of Lot 10� `�31c�ck 2! i'�rry' i'� bei�g �t str3p of � 10 fest �ic��
aeross �id Iot� �he aemter lin�r of said strip being 16 f'eat P�arth af
and pnra�llel to 'r.he �iit%� linA t,f s��d .�].�k 2.
9. "rart of Lot �� b'lock 2� #'erry i`lace� bein� a strrip of' I�.ncl '10 Peet wida�
acroas aaid lot; tha center Iin� of s�id st,rip being i6 feet xlorth of
tti;rc�d ;��s`a1.7.eI t,o t,ha Sout�� 1312e t►f s�id Bloelr 2.
'i0. rie,rt of Ivt �� �31oak 2� �'erxg �'].A.�, being r� atrip af land i0 f'eet �ric3�e�
acrass sa3.d lat� the centc3r Iine of aaid sLrip being 16 feet 3lorth of
r�nd parallel te the �xth Iine of sA.� �lock 2.
11. �'� �� �t 7� �31ock 2, :�erry :'].Er.ce� being a atrip of 1€�rni 10 feet w:ides
aa�ss s�id lot� the c�enter lin� of said atrip being 16 feet Nrn'th of
�d �aara.i.3e1 to tne South ?ir� af sf�i d �loa'� 2,
�2. ��r� o.� Lflt bi rslock 2� �'arry :'J.sce, t;ain�; a strip of 3rsnu 10 feet wicce
a.�rni 2vi.ng Ee�st af end r�dioinin� the t�lest line oP said Iot� also a strin
oP ].azxd 1U feet w+_de� the cent�r line of saic� strip bein�► 1� Pe�t 2�ot'th
of and parallel tro the :�outh lins ot' said lot� begiz�nix� 14 feet ��t
QP the I��t line of ssid lot ancl extendin� �ast to the =:ast line of
��id ].at.
13. i'�rt of L�t 5, �lock 2� �'erry a`].�c�, being �. strin of 3.anc� 10 feet wid��
the centcnr I,ine of s�id strip b��ir�� 16 Pe�t 2lorth o� and ?ara7.l.e1 to the
Scs�tth Iin� oP sai� Iot� ��innir� a� the ��e�t line of s�.id Iat �d
ez�er�dir�g .rast 15 feet anci the� terminatin�.
� • � . .
• � , - �
.SECTION 14. That as soon as the wor� �f constructing said system of sanitary
sewers in SBwer District No.12•� as hereiii �ro�i.d.�d for, shall have been co�n '
pleted under the contract 1et for thati Fa•r<<�se an�� �c�ep'�,ed and approved as afore-
said, the City Engineer shall, without delay, make a written report to the Cit��
Council of the character of the work and whether or not the same uras 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 shall present the same to the Council for its consideration.
SECTION 15. Upon receiving said report of the Ci.ty Engineer, the City
Council shall duly investigate the same and hear any evidence or reports submitted
concerning the ma.nner in which the contract herein provided for has been executed,
and shall make inquiry into the whole ma�ter 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 same as a special tax against the lots or tracts of land
embraced by the plans, spF;cifications and estimate of cost for the construction of
said system of sanitary sewers in said Sewer District No 12�� in and ior 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,
exelusive 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:
1 . The total cost of constructing said system of sanitary sewers in Sewer
District No.���.
2. The aggregate area of the entire territo included in said system
of sanitary sewers i.n Sewer I}istrict, No.��—� 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 ar addition in which the same is
situated char eable with the cost of constructing �aid sewers in Sewer
District No. �;�under this contract.
k. 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 certi.fy in favor of the contractor or contractors to be paid for said work
as above provided, a special tax bill against each particular lot or tract of la.nd
i.n said Sew�er District No. i2;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 (g) 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 lae and this ordinance, they shall be accepted as pa.yrcieent 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 said sewers.
SECTION 19. All special tax bills 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 �n their
face and each such certified tax bill i.n 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 described in the bill, and said special tax bill shall be
prima facie evidence of the regularity of the Qroceedings by which such sewer�
were constructed in said Sewer District No. 1?"'�� Such special tax bills delivered
to the contractor, as a.foresaid, shall be assignable or collectible by the holder
�hereof and ma.y be sued on and the lien thereof foreclosed in accordance with the
statutes of the State of Missouri covering the proceedin�s under which such special
tax bills were issued.
SEC�ION 20. The City of Cape Girarde�.u, Mi�souri, shall in no event, nor in
any ma,nner 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 ma.y be accrued in
any action thereafter brought on account of any spec�al tax bills by the owner
or holders thereof.
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• ` . , . �
SECTION�'21 . When said special tax bills �.re issued as herein provided, �he ,�
City Clerk 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. 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 following:
t. The date of such tax bill.
2. The name of the property owner again st whom same is issued.
3,. The name of the person or firm in favor of whom the tax bill is issued.
�.. The amount of such tax bill.
5. The purpose for which said tax bill is issued.
6. A reference to this ordinance by number.
7. At least an abbreviated description of the property described in such
tax bill.
8. If such tax bill has been assigned by the contractor to another party
the name of such party, and such other information as may be deemed
desirable or necessary.
SECTION 22. The amount of any such tax bill issued in paqment for said
sewers and the accrued interest thereon may be paid to the City Clerk and
Collector for the owner or holder thereof at a,ny 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.
SECTICN 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 assignment sh�.11 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 th� tax bill, the amount thereof, such
owner sha,ll 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
s�tisfaction 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 sucn payment and shall also certify on the 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 and such tax bills shal2 aggregate 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. Al1 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. , through the lack of sanitarsr sewage
facilities, and in order that the necessary sanitary sewage facilities as herein
provided for may be constructed without delay ar.@ 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 autharizing emergency legislation, and this ordinance shall
therefore take effect and be in force from and after the date of the passage and
approval.
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First reading given this ^� " day of C�.Z� '��� , 196 `�
r` � 196 �
Second and third readings given thie /(c-- d�,y of c.<-�� « , ,
and said ordinance finally pass�;d and appro�red.
,�-�=='=�-� .yox 1 _ _,
Attest:
�
�C..E-�-�t,
GC.c.-c��-�-�
��t�' Cler'_�