Loading...
HomeMy WebLinkAboutCityMgrForm.181.09-29-1967 . ` � � . , . . ,� � , � , ' , : , . � � , � City Manager ��Obt F�M O�.DINANCE N0. / �� AN ORDINANCE ADOPTING PLANS AND S�CIFICATIONS FQR THE CONSTRUCTION OF A SYSTEM OF SANITARY SEWERS Tb RE USED IN THE DISPOSAL OF SAIJITARY 5EWAGE IlJ THE TERRITORY DF,'�INID AS SEWER DISTRICT N0. �3-C , A SitBDNISION C&' SEWER DISTRICT N0. 13 , IN THE CITY C�' CAPE GIRARDEAU, MISSOURI, PARTICUI�ARLY DESCRIBED Ild CONII�IISSION FQi.M ORDINANCE N0. 1942, �' � CITY C� CA�E GIRARDEAU, MISSOURI� PASSED Al� APPROVED ON THE 25�H DAY fF ATRxUST, 1958, SAID PIANS AND SPE.CIFZCATIONS HAVING PREVIOt�LY BEEN PREPARED BY THE CITY ENGINEER, P�iEVT�JSLY SUBMTT'1�D TO THE C�UNCIL, ADOPTING THE ESTIMIiTE (F' SAID ENGIlJEER FC�i, THE COST CF CONSTRUCTING 5ANITAI3Y SEWERS IN SAID SEWER DISTRICT N0. 13-C ANI3 ORDERING C�NSTRt�CTION fF SAID SYSTEM � SANITAxY SEWERS TN SAID DISTRICT IN ACCORDANCE WITH SAID PLANS, SP$CIFICATIONS AND ESTI."4ATE �' COST, AUTHQ�.I2ING T� CITX ATTORNEY TO NEGOTIATE FOR RTGHT CJF WAY AND E�,SEMENTS OVER VAAIC7IJS TAACTS AI�ID P�RCELS OF LAND NECESSARY FOR THE CONSTRUCTION �' S�ID SEt�ER SYSTEM, AND AUTHO�tIZING THE INSTITUTION 0�' CONDEIyII�1ATI0N SUITS IF NECESSt�RY TO ACQUIRE � NECEBSARY ftIGHT OF WAY AND GROUND ADJOINING SAID RIGHT O�F WAY FQ�, WORKIldG ROOM, PR.OVIDING FOR LFTTING THE CONTRACT FOR THE WORK �' CONSTRUCTION OF SI�ID SYSTEM OF SANITARY SEWTRS, DiRECTING THAT Sf�ID SEWEftS BE r�lID FOft BY THE ISStTANCE OF SkECIAL TAX BILLS TO BE APPORTIONED AND CHARGED ,AGAIlJST THE LOTS AND TRACTS d�' LAND EMBRACID WITHIN SAID SYSTEM �' 3ANITARY SEWERS Ild SAID SEWER DTSTRICT N0. 13-C , AS DFSCRIBED IN St1ID PIANS AND SPECIFICaTIONS, EXCLU5IVE OF PUBLIC HIGHWAYS, STREETS, ALIEYS AND PUBLIC iROPERTY EXCEPT AS PROVIDFD IN SAID PIAN.S AND SPECIFICATIONS, AND DIRECTING THAT SAID TAX BILIS BE ISSUE� ACCOFtDING TQ LAW AND CONTAINING AN EI�F�GENCY CIAUSE. WHEREAB, the said Gouncil having been heretofore dulq authorized by the vots of the people of the City at an election heZd for that purpose, passed and approved Commission For�n Ordinance No. 1942, on the 25th day of August, 1958, b9 the terme of which ordinance the territory eu►braced within the City of Cape Girardeau, Missouri, was aubdivided into thirtsen sewer districts, namely Sewer Districts No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13, inclu�iva, az�d WHERF�'.,1�S, the couneil deems and declares it necessary that a system oP sanitary aswers be constructed in Sewer District No. �3_C a subdivision oP Sew�er District No. 13 , without de2ay, in order that the saaitary conditions exiating in said territory 'be improved, and WHEftEAS, the City Council has previous].y ordered the City Engiaeer 'Lo prepare detailed plans, specifications and estitnate of cost for the construction of said �snitary sewers in said 3ewer District No. �3� , and aaid plana, apeciPicaLions and estimate of cost have been by said Engitiaer prepared and submitted to the Council for apg�ovs2, Na4J THER�'CRE, BE IT ORDAIlJED BY THE CITY COUNCTL OF THE CITY 0�' CAPE GIRARDEAU, MISSOURI, AS FOLIAR�IS: SECTI�T 1. The Council hereby dsems ar�d declares that a public neceeeity exists for the construction and maintenance o� a sqstem of sanitary sewers in Sewer District No. ��� , a subdivisioa of 5ewer District No. �3 es defined in Commi.esfon Form Ordinance No. 1942, passed and approved on the 25th day of August, 1958, and it hereby further declarea that all of the land embraced within the terrftory lying Within said Sefaer Distriat No. 13-C as described in the plans, specificationa �nd estimate of coat prepared by the City Engineer at�d previously submitted to t�he Council, will, exclusive of publia highwaqs, streets and alZeye not designated by said p].ans, specifications and estimate of cost as benefitted thereby, be benefit#sd by the construction of such sewera ae hereinafter provided for in Sewer District No. 13-C T1aat the boundaries of eaird Sewer District No. 13.�aha1l be as followss Begin at the int.ersection of the center line of Lllis Street and the cent�er li.ne of Ha.ekberry Street; thenee in a Sontheaat direction to a point on the South line of Hackberry Street, �aid poiht being 338 feet West of the West line of Sprigg Street; thence South para3lel to the extension of the Ee.st line of Ellis Street 150 feet; thenee West para11e1 to Hackberry Street, 1�30 feet; thence Noxth parallel to the extension of the East line of Ellis Street 150 feet to the South line of Hackberry Street; thence West along the South line of Hackberry Street to the P�ast line of Benton 5treet, extended; thence South �aith the 1 � ` r � • , . � , � � > SECTION 21 . When said special tax bills are issued as herein provided, the City Clerk of said City shall, in accorda.nce wi.th 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: 1 . The date of such ta.x bill. 2. The name of the property owner against whom s�.me is issued. 3, The n�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 said tax bill is issued. 6. A reference to this ordinance by num'oer. 7. At least an abbreviated description of the property described in such tax bill. g. Tf 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 payment for said sewers and the accrued int��rest thereon may be pa.id to the Cit�t 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 re�eipted 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 ordina,nce 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 s�.me 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 24. When any owner of property against which such special tax bill shall be issued, shall pay to the owner of th�; tax bill, the arnount thereof, such owner shall endorse on the tax bill a receipt for the amount paid and deliver the �ame so endorsed to the party making 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 abstr«ct 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 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 bille shalZ aggregate in amount the total amaunt 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. 1�11 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.13-C, 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 rapidl�r 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. First reading given this day of , 196 Second and third readings given this-�y day of ��n-��W , 196 �� and said ordinance finally passc;d and appro�red. ..�'-� ' — yor Att st: � _ � , �C-�-�: � � ,^:t,t- C�er'_ 1 �ECTIO�T i4. That as soon as the work of constructing said s�stem of sani.tary sewers in Sewer District No.13-C, as herein provid.��i for, shall have been com- pleted under the contract let for tha� purpose ana �c�epted and approved as afore- said, the City Engineer shall, without delay, make a written repor+ to the City Council of the character of the work and whet,her or not the same was performed in due compliance with the terms, conditions and requirements of the contract therefor and of this ordi.nance, 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, 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.me as a special tax against the lots or tracts of land embraced by the plans, specifications and estimate of cost for the construction of said system of sanitary sewers in said Sewer District No.13-C , 3.n. 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: 1 . The total cost of constructing said system oi sanitary sewers in Sewer District No�13-C . 2. The aggregate area of the entire territory included in said system of sanitary sewers in Sewer District No13-C , 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 same is situated chargeable with the cost of constructin� said sewers in Sewer District No. 13-C, 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 sazne. 51 The area of each such lot o� tract. 6. The proportionate share of the total cost of constructing said sew�rs 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 particular lot or tract of land in said Sewer District Noa3-C , 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 accordanee with the la� and this ordinance, they shall be accepted as pa3rment 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 shall not exceed the Engineer's final estimate of the cost for the construction of said sewers. SECTION 19. E'►11 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 on their face and each such certified tax bill in any suit thereon sha11, 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 proceedings by which such sewer� were constructed in said Sewer District No.13_�� 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 accordance 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 Girardea.u, 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. 7 •�• SECTION 13 A. That the City Council finds that right of wag easem�nts for said sewer system must be obtained over and acros: the property hereinafter � described. The City Council further finds that it will be necessary to secure in addition to the easements described below, ad�oini.ng 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 gii�en authority to riegotiate 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 Citg �ttorney to institute condemnation suits in the name and behalf of the City of Cape Girardeau, Missouri, to acquire the necessary right of way and access and wdrking room e�sements necessary for the construction of said sewer system. Easements - Sewer I�istrict 13-+� 1. A stri� of l�nd 10 feet wide being the �est 10 feet af the South 20 feet of Ir�t 3, Block 5� �il�oney Houck's Rourth S`�a.bdivision. 2. A strip of l�nd 10 feet wide off' of the West azde of Lot 4, B1ock 5� Giboney Houck's Fourth Subdivis3.on. 3. A strip of l�.nd 10 feet wide off of the We�t side of IAt �, �31oek 5, GibonPy Houck's Fourth Subdivision. I�� A strip of land 10 feet wide off of the West side of TAt 6, Block 5, Gibor_ey Houck ts Fourth Subdivision. 5. A strip of ldnd 10 feet wide off of the West side of Tr�t 7, Block 5, Giboney �iouck�s Fourth Subdivisian. 6. A strip of' �.and 1Q feet wide being the West 10 feet of the T�orth 20 �eet of Ir�t g, Block 5, Giboneq Houck�s Fourth Subdivision. 7. A strip of l�,nd 5 feet wide off of the Ptorth side of Lot 11, Block 5� Giboney Houck�s Fourth Subdivision. �. A strip of l�.nd 5 feet wide off of the South side of Ipt 12, Bloc� 5, Gi13or�ey Houck�s Fourth Suhdivis3on. 9. A strip of land 5 feet wide off of th.e Idorth side a.nd - a 5trip of l�.nd 10 feet wide off of the Sout�1 45 feet of I,ot b, B1ock 1?_, Git�sorzey Houck's Fourth Subdivision. 10. A strip of land 5 feet wide off of the South side of Ipt 5, Eloek 12, G�hor_ey Houck�s Fpurth Subdivision. 11. A strip of land 10 feet wide off of the �auth side of Lot 11, Block 12, Giboney Houck�s Faurth Subdivision. 12. A strip of l�nd 10 feet wide off of the South side of the East 50 feet of Lots 14� 15, and 16� B].ock 11� Gi�oney Houck's Fourth Subdiviaion. 13. A strip of land 10 feet wide off of the South side of the West �0 feet of the Ea.st 100 feet o£ I,�ts 14, 15, and 16, E31oek 11 , Gibaney Houck's Fourth 3ubdivision. 1/�. A strip af land 10 feet w3de off of the South side of the West 5Q feet of Lots 1/�, 15, and 16, B1ock 11, Giboney Houck�s Fourth Subdivision. 15. Lefarth Part of Outlot No. 53 in U.S.Y. Survey �iTo. 2199 deseribed as follows: A atrip of land 10 feet wide lying 5 feet on each side of the follo�aing described center line: Start at the Southeast corner of Uu.tlot 53; thence North 6° 43� East, along the East line of Ch�.tlot �3� 1334.� feet; thenee North �1° 33 � West, 3o feet to the West line of West End Boulevard for a � . ' • point of beginning; thence North 81° 33' West, 1$0 feet; thence South 35° 06� West� 1L�6.0 feet to the cen�ter of �.ri existing ma.nhole on the sa.nitary outfall sewer for Se�rer District No. 5, and there terminating. 16. Drury Part of Outlat No. 52 in U,S.P. Survey No. 2199, described as follows: Start at the Sautheast corner of Outlot 52;thence Plorth 60 43' East, along the Ea.st line of Oatlot 52, 1317.4 feet for a point of beginning; thence North 81° 3�' West, 1305 feet to the East lin� of West End Boulevard; thence RTorth 6° 43' East� along the said East line 25 feet; thence South 81� 33' Ea.st, 1305 feet to the �ast line of fhztlot 52; thenee South 6° /�3' West alon� said East line 25 feet to the point of beginning. � �� � � • . . . . ' " Anybidde� may be present at any such meeting a.n�? explai.n his bid in person. , � At such meeting as the Council ma,y d.�em propeM�, 1•�e �,���.i,ter of awardin� and making a contract for the constructio� o; s�.id �y�te�n of sanitary sewers a.n said Sewer District No.13-C� may be acted upon by the Council and the final ac'-,ior. taken by the Council will be according to its '�est judgm�nt a��d di.scretion a,fte:� full eonsideration. No bidder will be consi.dered b�T the Council un7_ess the bidder expressly stipulates in his propos�:i. that he will accept special tax bills issued in accordanee 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 s-,rstem of set�re.rs herein provided for. SECTION 10. All bids for the construction of said sanitary �e�.�rers shai_l_ �e considered and held as subject to the provisions and requirements of this ordinance whieh shall be deemed and taken to be a part of any contract 1et for said work. SECTION 11 . The Contractor or Contractors to whom the contract shall be awarded shall at his or their own costs and ex�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 indemnify 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 person� 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, containi.ng 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, specif ications, estimate of cost and profile adopted by this ordinance and further provide that the contractor s1�a]1. 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 District No.13-C, a�ainst any and all damage or loss which might in any wise result fram the connection of the City with said Contractor or by reason of said contract, or by reason of his failure to fullq and faithfully carry out the provisions af said contract, 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 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. 13-� 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 constructi.ng said system of sanitary sewers in six (6) 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 af 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 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 No.13-C , for dama�es or for loss of anticipated profits, or any claim whatever. The Council shall also have the right, for good cause shown, to extend the time beyond that herein specifically given for the completior, of the work. � . .. _ , . ��ECTI(�i 2. That the said plans, specifications a.nd estimate of cos} for .the construction of said system of sanitary sewers in said Sewer District No. �}..C`, 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 sanitary sewers in said Sewer District No. �3_� and are by the Council ordered filed in the office of the City Clerk of the City of Cape Girardeau Missouri. SECTION 3. That the estimate of cost for the construction of said system ef sanitary sewers in said Sewer District No. 13-C'y abo�r=; r=��,�i�d to is hereby approved and adopted by the Council as the estimate of cost for the construction of said system of sanitary sewers in said sewer District Noa3-C , and it is hereby ordered by the Council that th� total cost of construction of said sewer system 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 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 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 estim�.te of cost, together with the profile and form of contract for said work made by said engineer and ordered filed this day, are hereby made a part of this ordinance and shall be in effect and have the same force as if embodied herein for the purpose of identification of the same in the form in which they now exist, the City Clerk of said City is hereby directed to place her file marks over the official signature on this date of presentation and first reading of this ordinance on said plans, 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 system of sanitary sewers for the removal of sanitary sewage �nly, including manholes and all other necessazy appurtenances be established, constructed and maintained in said Sewer District No.13-�, 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 and 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�.13-� 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.13_�, 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 profile and all bids, eontracts and calculations for the estimate of construction of said sewers shall be based on said plans, specifications, estim�ate 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 •ontract let in harmor�y with the provisions of Chapter 88, of the Revised Statutes of 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, est�.mate 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 Girardeau, Missouri, and marked "Proposal for Sa,nitary Sewers in Sewer District No.13-C .�' SECTION 8. Each proposal shall have enclosed with it a certified check o.r bid bond satisfactory to the City Council in the amount of Five Hundred Dollars ($ SQ0.00), 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 2:3� 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, 3 . ` ; , . • . _ , r ,` ` •. { e�ctension of the East line of Benton Street, 150 feet; thenee West parallel to Hackberry Street� 2g4 feet to the extension of the West line of Beaudean Iane; thence North alang the extension of said West line and the West line of Beaudean Isxie to the center of Locust Street; thence East along the center of Loeust Street to the center of a North and South alley running through Block 10, Giboney Houck�s Fourth Subdivision; thence South with the center of said alley 125 feet; thence Ee,st and along the Atorth line of I,ot 3, Bloek 10 and the North line of Lot 14� Block 7, Giboney Houck's Fourth Subdivision to the center of a North and South alley runn3ng through said Block 7; thence South with the eenter of the alley running North and South through Block 7 and Block 6� Giboney- Houck�s Fourth Su'bdivision to the North line of Lot 10 in said Block 6, extended; thence Wes't along the North line of I+�t 10� Block 6 and the l�orth Ia.ne of Lot 7, Bloek 11� Giboney Houck�s Fo�arth Subdivision, and said lines extended to the eenter of a North and South alley running through Block 11; thence South with the center of said alle� and the East line of I+ots 15 and 16, Bloek 12, Giboney Hpuckts Fourth Subdivision to the Southeast corner of said Lot 1�; �hence East alon� the North line of Lc�t 3� Bloek 12 and the North line of Lots 11� and 3, Block 5, Giboney Houck�s Fourth Subdivision� and said linea extended to the center of E`llis Street; thence South along the center of Ellis Street to the point of beginning. a