Loading...
HomeMy WebLinkAboutCommForm.2334.01-23-1963 � COMMISSION FORM CR DINAN CE N0. ���'°f" . . � - AN ORDINANCE ADOPTING PLANS AND SPECIFICATIONS FCR THE CONSTRUCTION OF A SYSTEM OF SANITARY SEWERS TO BE USED IN THE DIS�'OSAL OF SANITARY SE4�IAGE IN THE TERRITORY DEFINED AS SEWER DISTRICT N0. 12 W, A SUBDNISION OF SEWER DISTRICT N01.2 , IN THE CITY OF CAF'E GIRARDEAU, MISSOURI, PARTICULARLY DESCRIBED IN COMMISSION FORM ORDINANCE N0. 1942, OF THE CITY OF CAPE GIRARDEAU, MISSOURI, PASSED AND APPROVED ON THE 25TH DAY OF AUGUST, 1958, SAID PLANS AND SPE CIFICAT- IONS HAVING BEII�T PREVIOUSLY PftEPARED BY THE CITY ENGINF�ER, PREVIOUSLY SUBMITTED TO THE-COUNCIL, ADOPTING THE ESTIMATE OF SAID ENGINEER FOR THE COST OF CONSTRUCT- ING SANITARY S�EWERS IN SAID SN,�nTER DISTRICT N0�2 �1, AND ORDERING COATSTRUCTION 0" SAID SYSTEM OF SANITARY SEWERS IlV SAID DISTRICT IN ACCCR.DANCE WITH SAID PLANS, SPECIFICATIONS AND ESTIMATE �' COST, AUTHORIZIlVG THE CITY ATTORNEY TO NEGOTIATE FOR RIGHT-OF-WAY AND Er`1SEMENTS OVER VI�RIOUS TRf�CT5 E►ND PARCELS OF LAND NECESSti.RY FCR TI� CONSTRUCTION OF SAID SEWERS, AND AUTHORIZIlVG THE INSTITUTION OF CONDFMnT- ATION SUITS IF NECESSARY TO ACQUIRE THE IJECESSARY RIGHT-OF-WAY l�ND GROUND ADJOIN- ING SAID RIGHT-OF-WAY FOR WORKING ROOM, PROVIDING FOR IETTING THE CONTRl�CT FOR THE WORK OF CONSTRUCTION OF SAID SYSTEM OF SANITi-,RY SEWERS, DIRECTING THAT SAID SEWERS BE PAID FOR BY THE ISSUANCE OF SPECIAL TAX BILLS TO BE I�PPORTIONED AND CHARGED AGAINST THE LOTS AND TRACTS OF I,�ND EMBRACED WITHIN SAID SYSTEM OF SANITARY SEWERS IN SAID SEWER DISTRICT NO�2 W, AS DESCRIHED IN SAID PLANS AND SFE CTFICAT- IONS, EXCLUSIVE OF PUBLIC HIGHWAYS, STR�TS, �LLEYS �.ND PUBLIC PROPERTY EXGEPT AS PROVIDED IN SAID PLANS AND SPECIFICATIONS, AND DIRE CTING THAT SAID TAX BILLS HE ISSUED ACCORDING TO LAW AND CONTI�INING AN IIKERGENCY CLEiUSE. Wf�REAS, the said Council having been her etofore duly authorized by the vote of the people of the City at an election held for that purpose, passed and approved Commission Form Ordinance No. 19t+2, on the 25th day of August, 195g, by the terms of which ordinance the territory embraced within the City of Cape Girardeau, Missouri, was subdivided into thirteen sewer districts, namely Sewer Districts Nos. 1, 2, 3, 4, 5, 6, ?, g, 9� 10, 11i 12, and 13, inclusive, and WHERE�S, the council deems and declares it necessary that a system of sanitary sewers be constructed in Sewer District ATo.l2 1n� a subdivision •f Sewer District No.12 , without delay, in order that the sanitary conditions existing in said territory be improved, and WHEREAS, the City Council has previously ordered the City Engineer to prepare detailed plans, specifications and estimate of cost for the construction of said sanitary sewers in said Sewer District No.12W, and said plans, specifications and esti.mate of cost have been prepared by said Engineer and submitted to the Council for approval, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 'TI-IE CITY OF CAPE GIR2�RDE.AU, MISSOURI, AS FOLLOWS: SECTI�1 1 . That the Council hereby deems and declares that a public necessity exists for the construction and maintenance of a system of sai.ntary sewers in Sewer District No. 12W� a subdivision of Sewer District No.12 , as defined in Commission Form Ordina.nce No. 1942, passed and approved on the 25th day of August, 195g, and it hereby declares that all of the land embraced within the territory lying within said Sewer District No�.2W, as 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 Sewer District No.12W� the boundaries •f which shall be as follows: All of Edgewood Highlands and part of �'dUewood Hir�hlands Seconc3 Subdivision, and part of the Rodney 1�00 prpen Tract, in T7. S. P. Survey RTo. 2199, in the City and County of Cepe Girardeau, i�issouri, described as follows : Begin at tne intersection of the center line of Jewel Drive and the east line of Edgewood Road, same bein$ a corner of Sewer District No. I2-N; thence east alon� the boundary of Se�rer District No. �.2-�, and the center line of Jewel Drive to the east line of Lot 1, Block 2, EdtTewood Hi�hlanda Second Subdivision, extended, thence south with the said east line and s�id line extended, to tha southeast corner of said Lot 1; tnence east along the south line of Lot 17, Block 2, Edgewood Highlands Second �ub- diqision to tl�e southeast corner of said Lot 17; thence east to the south- west corner of Lot 8, 131ock 3, Ed�ewood Highlanda Second Subdivision; thence east along the south line of said Lot 8, to the southeast corner of said lot 8; thence south elon� the eaet line of Block 3, Edgewood Highlands Second Subdivision, and said line extended to tY�e northeast corne r of Lot 7, Block 3, Ed�ewood Addition; thence east perpendicular to the east line of Block 3, Edgewood Addition, 145 feet; thence north parallel to an.d 14� feet east of �he east line of Block 3, Edgewood Highlancis Second Subdivision to the north line of Lot 3, Block 3, 1�dgewood Highlands Second Subdivision, extended; thsnce west a�.ong the said north line of Lot 3, extended, 145 feet to the east line of Block 3, Edgewood Highlands Second Subsivision; thence north along the east line of said Block �, to the northeast corner of s�id Block 3; thence west alon.g the north lin.e o said Block 3, to tne east line of Eds�e- wood ?�oad; thence south alon�; said east line to the point of beginnin�. ' .. SECT�ON 2. That the said plans, s1 ecifications and estimate of cost for the construction of said system of sanitary seT-�rers in said Sewer Di.strict No.12t�T , ; � above described, and previously submitted to the Council are hereby approved and adopted as the plans, specifications and estimate of cost for the constr>>c+.,ion of said system of sanitary sewers in said Sewer District No. 12W, and are by the Council ordered filed in the office of the City Clerk of the City of Cape Girardea�z Missouri. SECTION 3. That the estimate of cost for the construction of said system �f sanitary sewers in said Sewer District No. 12W, abo�r^ r:,�.���i:-d to is hereby approved and adopted by the Council as the estimate of cost for the constructicn of said system of sanitary sewers in said sewer District No�2W , and it is hereb� ordered by the Council that th� total cost of construction of said sewer system shall not exceed the amount of the estitnate �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 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 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 fir st 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 syster� of sanitary sewers for the removal of sanitary sewage �nly, including manholes and all other necessary ap urtenances be established, constructed and maintained in said Sewer District No�2� , of sewer 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, esti.mate 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, estimate of cost, profile and form of contract for said system of sanitary sewers in said Sewer District N�. sha11 be safely kept and preserved for future reference and the same shaZl be deemed, held and considered for the basis of the sewers which are by this ordinance ordered constructed for Sewer District No. 12W� 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 ealculations 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 appurtenanees covered by said plans, specifications, estimate of cost, profile and form of contract for said work, shall be done under a �ontract let in harmony 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 corporations desiring to bid on such construction. Prospective bidders desiring to examine said plans, specifications, estirnate 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, i.n care of the City Clerk of Cape Girardeau, Missouri, and marked "Proposal for Sanitar3r Sewers in Sewer District No.Z�4�.�' SECTION g. Each proposal shall have enclosed with it a certified check or bid bond satisfactory to the City Council in the axnount 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 othex�ri.se 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. Any-bfddex may be present at any such meeting and explain his bid in person. At such meeting as the Council ma,y d�em proper, t,he m:..tter of awarding and. making a contract ���r the construction oi said system of sanitary sewers �.n said Sewer District No. W , may be acted upon by the Council and the final action taken by the Council will be according to its best judgment and discretion after full consideration. IJo bidder will be considered by the Council unless the bidder expressly stipulates in his proposal that he will accept special tax bills issued in accordance with the law and ordinances of the City in full payment for the work under contract provided for herein. The City of Cape Girardeau reserves the right to re3ect any and all bids for the construction of the system �f sewers herein provided for. SECTION 10. All bids for the construction of said sanitary se��rers shall 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 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 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 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 trie 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. 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 Noa-2�d , 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, 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.l 2W , 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 by the City Council or off icers of the City of Cape Girardeau, by Acts 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. 12W, for damages 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 specif ically given for the completio: of the work. � •. SECTION 13 A. That the City Council finds that right of way easements for said sewer system must be obtained over and across the property hereinafter. � described. The City Gouncil further finds that i� w:�ll be necessary to secure ' in addition to the easements described below, ad�oining ground on each side there- of for working room necessary for aecess and working room during 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 o�ly for the d»ration 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 rig�t of wa� easement, together with easements for access and working rooW, and in the even+� the City tittorney 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, NLissouri, to acqui.re the necessary right of way and access and wnrking room e�,sements necessary for the construction of said sewer system. l. Part of Lot 7, Block 1, udgewood Highlands 3econd Subdivision, being a strip of land 10 feet wide off' ef and adjoining the north line of said lot. 2. Part of Lot 8, Block 1, �dgewood Hi�hlands Second Subdivision, being a atrip of land 30 feet wide ad joinin.g the north line of said lot, be�innin� at the west line of ��id lot and runnin� east 6� feet, and tnere terminating. 3. Part of Lot 10, Block 'l, Edgewood H�_�;hlands Second Subdivision, being a strip of land lU feet wide off of and ad join�_n� tize wast line of said lot. i�. Part of Lot 11, Block l, :!�'d�ewooc; Hi�hlands Second Subdi�?ision, bein�; a strip of land 1Q fest wide off of and ad joining the west line of said 1ot. 5. Part of Lot 12, Block 1, �;d�ewoad Hi�hlands 5econd Subdivision, bein.g a strip of land lU feet wide off' of and ad joining the west line of said lot. b. Part of Lot 13, Block l, �d�ewood Hi�hlands Second Subdivision, bein� a str•ip of land lU feet wide cfr� of" and adjoinin� the west line of said lot, and a strip of land 5 f'eet wide ofr�� of and ad joining the north side of said lot. 7. I'art of Lot 14, Block 1, Edge�rood HiQhlA.nds �econd Subdivision, bein� a strip of l�nd 10 feet wide c�ff' of �ia�� ad�oinin� the west line of said lot, and a strip of land � feet wide off' of and adjoining the south side of' said lot. 8. Part of Lot 15, Block 1, Ed�ewood Hi�hlands Second Subdivision, being a strip of' land 10 feet wide of i' o.� and ad joining the west line of said 1ot. y. t�art of Lot 10, Bloch 2, Ed�ewoad Hi�hlands beir� a stri.p of' land 1U feet wide oft' of and ad joining the west line of said lot. 10. Part of Lot �;, Bloc� 2, Edgewoocl Hi�hlands being a strip of land 1C� feet wide off of and ad joinin� the west line of said lot. 11. Part of Lot 8, Block 2, r�d�ewood Highlands being a strip of land 10 feet wide o.ff' of and ad joinin.�; the west lir_e of said lot. 12. Part of' Lot 6, Block 2, Ed�ew�ood Hi�h.lands beins� a strip of land lU feet wide off` of and adjoinin,� the we�t line of said lot. 13. Part of Lot 3, Bloc�: 3, Ed�ewoocl highlands Second Subdivision, being a strip of land 5 feet wide oi:'f of and ad joinin� the north line of said lot. 1?�. Part of Lot 2, Llock 3, '�'d�ewood Highlands Second Subdivision, bein�; a strip of land 5 feet wide off of and adjoinin.g the south line of� said lot. l�. Part of the Rodney 400 Arpen Tract in U. S. i'. Survey i�To. 2199, degcribed as fo7.lows : A strip of land lU feet wfde, lyin� 5 feet on each side of the foilow�n� described center line : Bogin at tY� goutY�east corn.er of' Lot 2, Block 3, �d�;ewood Hi�Y+lands Second Subdivision; thence east perpen- dicular to the east line of said I,ot 2, 145 feet; thence south parallel to and 11�.5 f'eet east of tize east line of Block j, Edgewood Highlands Second Subdiviaion, 1U92 feet to the existing manhole of' Sewer Distr3.ct No. 12-r?, on the extension of` r�uince Street, and there terminatin�. • , . •SECTIQN 14. That as soon as the work of constructing said system of sanitary sewers in Sewer District No 12� , as here�.� provid.�d for, shall have been com- , pleted under the contract let for thai; pa�rose an� a.c�epted and approved as a.for�- said, the City Engineer shall, without delay, make a written report to the C�_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 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 hea,r 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 ma�ter herein considered, and upon being satisfied that the whole of said contract has been substantially com�lied 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 embraeed by the plans, specifications and estimate of cost for the construction of said system of sanitary sewers in said Sewer District No. 1 2�, in. and �or 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 inc:�ude the following: 1 . The total cost of constructing said system of sanitary sewers in Sewer District No.12w . 2. The aggregate area of the entire territory included in said system of s�.nitary sewers in Sewer District Nol2W , exclusive of publir. 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 constructing said sewers in Sewer District No lzW , under this contract. i�. The name of the owner or owners of each separate lot or tract of land insofar as the Engineer is able to ascertai.n the same. 5j The area of each such lot o� tract. 6. 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 land in said Sewer District No. 12W, 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 ger annum until paid. SECTION 18. Said ta.x bills shall be certified b�r the City Clerk under the seal of said City, and when said special tax bills are issued to the contractor in accordance with the 1a�r and this ordinance, they shall 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 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 ti�r th 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 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 sewerc were constructed in said Sewer District No�2W � Such special tax bills delivered to the contractor, as a.foresaid, 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 coveri.ng the proceedings under which such special tax bills were issued. SEC�ION 20. The City of Cape Gixardeau, Missouri, shall i.n 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 cos� that may be accrued in any action thereafter brought on account of any spec�al tax bills by the owner or holders thereof, , , . . , 1 - . . SECTION 21 . When said special tax bills are issued as herein provided, the • City Clerk of said City shall, in accorda,nce 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: 1 . The d�.te of such tax bill. 2. The name of the property owner agai.nst whom sasne is issued. 3,. The r.ame of the person or firm in f�vor 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 number. 7. At le�,st an abbreviated description of the property described in such tax bill. 8. Tf such tax bill has been assigned by the contractor to another party the name of such party, and such other informa.tion as may be deemed desirable or necessary. SECTION 22. The amount of any such ta.x bill issued in payment for said sewers and the accrued interest thereon may be paid to the City Clerk and Collector for the owner or holder thereof at any time, whereupon the City Clerk and Collector shall, upon presentation to her of any receipted tax bills, note the payment on the register thereof, and such entry shall be evidence of the payment of the tax bill therei.n 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 shall be noted on such spacia,l tax bills, and the assignee shall exhibit the sa.me to th� 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 aaiiount thereof, such owner shall endorse on the tax bill a receipt for the a,mount paid and deliver the same so endorsed to the party ma.king such p�yment, together with a certificate addressed to the City Clerk and Collector stating 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 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, a�nd said tax bills shall be delivered to him and such tax bills shall 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 ta.x bill may be paid. Such notice shall be made by mail. SECTION 26. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 27. The Council further finds and declares that the public health of the City is endangered by the present sanitary facilities existing in the territory above described as Sewer District No. 12W, 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. First reading given this 7� day of ��Q����'`"`l , 196 3 ; i Second and third readings given this -z� day of /�c,�U,t-'t� , i963 , and said ordinance finally passed and appro•red. �/ � �_ ��� Mayor Attest: y� � 4 , F L/-�2LC�t. . `�� ^�t�- C�er':;-