HomeMy WebLinkAboutCommForm.1790.02-11-1957 ., .._ . ,
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GI�'u��DiAU� i1ISa0Uil� P�iS:�l� �I�i AYPI�OV'� UiV THr� 2�TH Dr�Y OF 1��kY� 191.i.3�
StiIli r'iu�:i��S MidD SP��:,IF'1'CxT10i1S H���TTTdG Br�;I�l Pii�:VIUliSLY Pi�.i;P�'u''+ BY `1'I�� CITY
i;lv`G:f.i���:.�:1.�� F'iii�1T-.1UUa.i�Y SI�T�3i;T'1"I'l'� TO `.C�iL COUTvCIi,� �DU�1'IT1Cx i'H�i; .�+�S7.'I:I�u'�T� OF
S:�TD :�vGIT:.�i,�� ii0<� �'I:.� CU�l UF COP�STi�UCTITuG ST0:3::�i 5�,��T.N:ft� �i: �,':�.J :i��J'.:��i
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iiJ ;�:.:�D �iTSr1-iTCT IId tiCCOi�.11��itiC:� ��TITH S�,ID PL:�1S, SI'L�Il{IC1�TI0?v5 r�vD LS�l'I1`•:��TE
UF CUST, P��u'dIDIT�:G r'Oi� �,iTIiJG TIi� COi���l'�i,xCT I�0�� Th�; �,TO�i�i OI; CONSII�UCTIOiJ OF
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LOTS t�'�ll T:t��C`T'S OF L�1itiD r�fi-;BrZr;C� �'1?`l�'HIN Sr�1D SYS`1�1�i�� Ot+ S�UiZ��i S4;�'JEi�S I�1 Si�ID
Sli�'rEli D1S'I'i?ICT IVC. 1-A� iiS D�sSCi�:LB� I'i: SAlll PLAi'•1S �:i�1D S:°CIFI�::�'�lIUiJ5�
�:;:�(:.i�liSIV�; Gr PUI3LIC i-�IGII`iJr'iYj, STiZ�:;`.�5, �,I.,LEYS �''�i�TD PUi3L1C Fi3.UP�i;',�TY ,�i:�x'T
ti5 '�'r�U�IlD"� TI`� Sf�ID PL.-.iuS .'il�� Sl'�:�C;lr'I�«`l'i:OP�5� .;1SD �ii'�L;�T1i1G TH1-�`1' StiID �.C�i:'�
�.LL'LS 3�1:; IS�U� liCC��i�LLIvX l� �iLl�.
':lI-IE�.`?��5, the City Council havin,:� beeri neretoi'ore clu1�.- aut��orized b�r the
vote oi tlie people of the Cit�r at an eleca�ioi; held zor Lhat pur�ose, passed
aiic� w�:-,7roved Conu:;ission �'or::. urdiri<znce ��o. llj3, oi: the 2�th da�; oi i•iay, 191�.�,
by the ter�::s ol Vnzich o�cl.ix�a:�ce the territory en�'oracec� hri�;hi.1 tne Cit�r of �a�e
Girardeau was subdivided into tl:irteen sewer districts, nam.�Z�r Sewer Discrict;s
iJo, l, 2, 3, l.i,, 5, b, '(", :', 9, 10, 11, 12 anci 13:, i:zC_lusi.ve, a.11d
srl�=u.�iS, the council dee.�:s and declares i� necessary tha�t, a s�rsten oi
storai wa;,er sewers be constructed lYl Sewer District l�o. l-«, a su�division
of Sewer Dis:,rict i;o. l, without delay, aizd
:�'?��xS, the �it�- Gouncil has prev:_ousl�r ordered the Cit�% '.��;ineer to
�re_�are det�a.ileci pl�wns, s�ecifications and esti:r�.te of cost for the cons��ruct-
ion o�' said stor... sevrers in said Se�rer District 'i:o. 1-x, and said nlans,
speci�ica.tions anc� estin�.te o:� cost have 'oeen by said :�n�;ine�r �re�ax�ed
and subr�itte� to the Council for a��roval, P�OW `1'i-i�:�,FUr�:,
L� TT Oi�� �lrli�ll BY lI-L� �:T1'Y �GUiJ�",IL GF i'H._�; CITY Oz{' CAi�:; CsIi�:i�;iJ:�r1U, %:T;�;�I1RI�
�'�S FUL:Lt)6�da:
SLC`TlU�� l. Tha�c th� Council hereb;r deer.�s and declares that a pu'�lic
necessit� exists for the construction a.nd rna.intenance of a s;rstem oi storm
seY,rers in Sewer �ist-rict i�:o. 1-A, a subciivision of 5ewer �istrict i;o. l,
as de:Ciized b�� �o:�u.:ission i�'orn O�d�rias�ce �:o. 1153, na.ssed and aa_�roved ori
the 2�ti1 da�r of 1'�a.y, 191�v, and it hereb�; furtr�er decl��,res that a�il of the
land er.ibraced wit:iin the territory lyi.n�; wuthin said aewer District ido. 1-:�,
as described in the plans, s?�ecifications and es�L�r.a�e o�." cost n��epared by the
CitGT :�,n�_;ineer and previously sub.~�it�ed to t:�e Council wi_ll, exclusive of �ublic
hi�izti,ra�rs, s-�r�e�s and alleys .iot desionated b,;• said plans, s>>ecifications and
esti.�zate of cost as benefitteci tnereby, be benefitted bv tne construc�Lion of
such such sewers as hereir�a.fter �rovided for in Sewer District ido. 1-��..
`l'��at the bounaaries of said Sewer i)istrict i;o. 1-�i sizall. be as �'ollo�vs:
Be;�in at the ir�t:;rsection oi' cne south lirie oi i�ellevue Strec;t and tiie
wes� line of Lori.��ier Street; t,hence ilorth wi�h the zrest l��:Le oF :wrirniet�
Street to a ooi.zt 90 ieet north of trie nortii line o� Bellevue Street; thence
i,rest pa.ral�.el to the north line o� �ellevue Street to a point 1�0 ieet east
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of the east Line of ��'ountain Street; thence north parallel to the east Line
o� r'oun�ain �treet 7.1a.3 xee�L to the boundary line of Se��rer District i'io. l;
i,hence wes�c with s�:,.id boundar� line to the center oi' the �,lley betTfreen rountain
St;reet and �iiddle Street; the7ice nortn alon�; the center oi said alley to a
point w�iich is i15.5 feet south oi tihe south lirie of �:ortYi Stree-c; tnence
vTest parailel to Iuort:� Streeti 90 :Ceet; thence north parallel -�o T��iddle Street
tc t;iie center of ::oi�~tn S�reet; thence west ti•rith the center of I'lorth 5treet to
the ceizter of li'reaerick Street, Ws swi��e e;ci.sts riorth of i�torth Street; �hence
izorth wit'rY the center o� �'rederick 5treet, 31�� ieet; �chence wesi: parallel io
:dor�;Yi Street 226 ieet; thence so�.;_th paraLtel to Sp�ir-� Street to the south
line of Lo� 21�, Ido;,r�a,l t�venue Ylace; thence west barallel to I1ort;z Street to
�rie wes� line of Spri�;�; S`�ree�c; the.lce south alotln �h� vrest line oz S�i imm
;�treet to a point 1'00 fe�t nor��li of t:�e nor�,r� line oi' l�oz�h Street; ��ier:ce
wes� to a poin�t which is 1Fs0 .feet west of the wes� line oi S�ri�;,�~ atreet and
;� feet no��'r� of �che norti� line oi i�ortn Street; thence wes� p=.��rallel to
'.�ort�� Street 22n feet; thence south �a.rallel to S�ri�-�; Street 123 feet to
the center o:i' iuor�t'tl Street; t?Zeizce we;�t vTi��li �iie cen�'-„e._• lirie of i�:orth Street
and sGid center lirze exLe;-.ded to the vrest bound�ry line of Sewer District
��:o. l; tlzence south ��rith the ;.�aest 11ine of Sewer District i�o, 1 to the south
line of i3roudti�ra.y; thence east alon� the south line oi �ro�.dwa,tir to a point
�3 fee� west o:� the �oest lirie o� Lorimi.er Street; thence riorth paraliel to
Lorir�:ier Street to the south lirle o.�' :uellevue Street; -t;he�ice e�,s� aloiz�;
the south line ol Bellevue Street, �3 ;:ee--L to the ooin�L of beginriin,;.
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SECTION 2. Said plans, specifications and estimate of cost for the con-
atruction of said system of s-�orr.i sewers in said Sewer District No. l-�:
above described, and previously submi.tted to the Council are hereby approved
and adopted as the plans, specifications and estimate of cost for the construc-
tion of said s,ystem of s�tor::� sewers in said Sewer District No. 1-f� ,
and are by the Council ordered filed, in the office of the City Clerk of the
City of Cape Girardeau, Missouri.
SECTION 3. The estimate of cost for construction of ssid system o£
,�tor,�� sswers in said Sewe: District No. 1-�� , above referred to is
hereby approved and adopted by the Cour.cil as the estimate of cost for the con-
struction of said s.ys�em of st,or:�� se�.rers in said Sewer District No. �-t�
and it is hereby ordered by the Council that the total cost of construction of
said sewer s.ystem shall not exceed the amount of said engineer and no contract
herei.n authorized s�aZl be let for the construction of said sewer which calls
for the expenditure of mone.y 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 �,. Said plans, specifications and estimate of eost, together with
the profile and form of contract for said work made b,y said engineer and ordered
filed this day, are hereb,y made a part of this ordinance and shall be in effect
and have the same force as if embodied ►lerein for the purpose of identification
of the same in the form in which they now exist, the Cit.y Clerk of said City
is hereby directed to place her file r�arks over the official signature on this
date of presentation and first readi..ng of thi.s ordinance on said plans, speci-
fications and estimate of cost, and on said profile and on said form of contraet.
SECTION 5. It is hereb.y ordered and directed that a system of storrn
sewers for the removal of s�o-ri:�-z��;ter �� onl.y, including manholes and all
other necessary appurtenances be established, constructed and maintained in
said Sewer District No. 1-�': , of sewer pipe, east iron, brick,
cement, concrete and other materials in the �'orm and of the dimensions, loca-
tion, character and description shown and particularl,y described in said plans,
specifications, estimate and profile for said systam of s�����i sewers made
by said City Fngineer �nd heretofore referred to and made a part of this ordi-
nance.
SECTION 6. The said plans, specifications, estimate of cost, profile
and forms of contract for said s.ystem of stor�-i sewers in said Sewer Dis-
trict No. 1-:� , 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 ord�red constructed for Sewer District No. 1-�"� ,
and all of said sewers incluc�ing manholes, outlets, branches, laterals and
appurtenances, shall be constructed anc� completed of the material and dimen-
sions and on the location, and according to the manner of construction, and
in all other particulars in accordance with said plans, specifications, esti-
mate of cost, and profile and all bids, contracts and calculations for the
estimate of construction of said sewers shall be based upon said plans, speci-
fications, estimate and profile, subjzct to the provisions of this ordinance.
5FCTI�N 7. The construction of the sewer herein provided for, including
all parts and appurtenances covered b,y said p2ans, specifications, estimate
of cost, profile and form of contract for said work, shall be done under a
contract privately let in harmony !aith the provisions of Sections 88.497 to
88.61,.7, Revised Statutes of Missouri for 1949, including particularly Section
8g.600 thereof and all bids or proposals for such construction work shall be
made on printed or mimeographed forms furnished by the City Clerk to all per-
sons, firms, or corporations dzsiring to bid on such construction. Prospec-
tive bidders desiring to examine said plans, specifications, estimate 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 "Froposal for ;t�:��.�
Sewers in Sewer District No. �-« ."
SECTION 8. Each proposal shall have enclosed with it a certified check
on a bank satisfactor,y to the City Council in the amount of Five Iiundred
Dollars (� 500.00), said check to be made t�ayable to the Nbyor of the City
of Cape Girardeau, Missouri, which shall be retained as a guarantee of good
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Paith on the part of the bidder that he or it will, if awarded the contract
therein applied for, withcut dei�.y execu�e a proper legal contract and bond
as required b,y law, an6, oi�er�a��;; pe�°�'ol°m �'�e rbligat.ions of said bid, where-
upon said check shull be r�tur��� ��o sa.ic'. bidder.
SEC�TION 9. ThP City Couneil will neet ir. o�en sess�on at 2:30 P, M.,
on _�, ar_d proposals of
bidders will be considered a�c ttiat me�-cir_g and at uny subsequent meeting
held by the Council for that p•a�-,�c.e. , Ary- b-;_ader m�y ba preser� at any such
meeting and explain his bid �n �.�so:� E:t such meeting as the CoL?ncil may
deem proper, the matter of awa:.�c+�ng �..r.d n�a�ing a cont�ac�t� for the construction
of said system of �Lorr� seu,*e�s ��z v��:�c. ;�ewer D�st-�ict No. 1-t� , may
be acted upon b,y the Council and the iir�.�. act;_cli t�kE^ Qy �tha Co�zncil will
be accordin� to its best judgment and dis�.retion a_'ter iuil co;:�sidaration. No
bidder will be considered b.y the Council unless thE b:�dcaer e�:p��ssly st;.pulates
in his proposal that he will accept spec:ial �ax bills is;,ued :in accordance
with the law and ordinances of the City in �ull pa�%r1�nt fo:^ the work under
the contract provided for herein. The Cit,y of Cape Girax�deau reserves the
right to reject any and all bids for the construction of the system of sewers
herein provided for.
S'�CTION 10. All bids for the construction of said �Lo���� sewers shall
be considered and held as subj�ct 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 �ontractor 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 sai.d work from the commencement to the comple-
tion thereof, and shall indemnify the City of Cape Girardeau against any and
all losses b,y reason of the violation of this or an,y other requirements of
this ordinance.
S'�CTION 12. No contract or award for the construction of said sewers
shall be binding upon the Cit,y of Caps Girardeau until the person or persons
to whom such contract sha11 be awarded shall enter into a written contraet
with said City specif,ying 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 contractors to furnieh 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
b.y 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 pro-
vided by law and further conditioned that said contractor will fully guarantae
and indemnify the City Council, the City and said Sewer District No. 1-:� ,
against any and all damage or loss which might in anywise result from the con-
nection o£ the City with said Contractor b,y reason of said contract, or by
reason of his failure to fu11y and faithfully carry out the provisions of
said contract, or by the negligence of said Contraetor or any subcontractar,
emp2oyee, servant or ag�nt of either. Said bond shall be furnished within
twent.y (20) da,ys after said contract has been awarded and when approved and
accepted b,y the Council as herein provided, the Mayor of the Cit,y of Cape
Girardeau acting for and on behalf of said City, is hereby a�zthorized to
execute in the name of the City such contract for the eonstruction of said
system of scorr.� sewers in said Sewer District No. 1-1: , with the
person, firm or corporation whose bid has been accepted by the �ouncil, in
accordance with the provisions of this ordinance.
SECTION 13. The delivery of the material for aaid system of silarr.�
sewers and the actual construction thereof shall be begun one week a£ter
written notice to begin shall h.ave been given by the Cit,y Engineer to the
Contractor, and said work shall be carried on continuousZ.y and uninterruptedly
at such rate as will insure the completion of said work of.c�n�tructing sai�'
system of storm sewers on or before the day o� , 19 .
Should the work, however, be delayed or interrupted by tf�e Gity Council or
officers of the City of Cape Girardeau, by Acts of God, or by any other cause
entirely beyond the control af the Contractor, the ti� of such delay and
interruption shall be added to the time herein fixed for completion of said
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work, but such delay shall not constitute a claim by the Contractar against
the Cit.y or Cit.y Council, or agai�st s�id Sewer District DIo. 1-.: , for
damages or for loss of anticipated p.rof-its, or any other claim whatever. The
Council shall also have tne ri�;ht, fo�• good cause snown, to extend the time
be,yond that herein specifically g�ven for the completion of the work.
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SECTION ].!{.. As soon as the work of constructing snid s,ystem of s�orr::
sewers in said Sewer District No. 1-�: , as herein provided for, shall
have been completed under the cont�a�t let for that purpose and accepted and
approved as aforesaid, the City Engineer shall, without delay, make a written
report to the City Gouncil of the character of the work and whether or not
the same was performed in due compliance with the terms, conditions and re-
quirements of the contract there�'or and of this ordinance, which report shall
be filed with the City Clerk who snall present the same to the Council for
its consideration.
SECTION i5. Upon receiving said report of the Cit,y Engineer, the City
Council shall duly investigate the same and hear any evidence or reports sub-
mitted concerning the manner in which the contract herein provided for has
been executed, and shall make inqui.ry into the whole matter herein considered,
and upon being satisfied that the whole of said contract has been substantiallg
complied �►ith shall b,y resolution, or otherwise, declare its aceeptance and
approval o£ said work.
SFCTION 16. When the work has been completed, accepted and approved as
herein provided, the City Engineer shall compute the whole cost thereof, in-
cluding the cost of right-of-way, and apportion and charge the same as special
tax against the lots or tracts of land embraced b.y the plans, specifications
and estimate of cost and profile for the construction of said system of s�oir.
sewers in said Sewer District No. 1-r� , the district in and for which
the said sewer s.yatem shall have been constructed in the proportion which ths
respective areas of said lots or tracts of land bear to the areas of the whole
district, excZusive of public highwavs, streets, alleys and public property,
except that included within sai.d district benefited by said plans, specifica-
tions, estimate of cost and profile therefor, and the Cit,y Engineer �hall re-
port such apportionment of cost to the said Council in writing, which said
report shall include the following:
1. The total cost of constructing said system of s�or��, sewers in
Sewer District No. 1-.: .
2. The aggregate area of the entire territory included in said system
of stor:rr sewers in said Sewer District No. 1-:� , exclusive
of public highways, streets, alleys and public property as above
mentioned.
3. The correct description of each separate lot or tract of land includ-
ing the lot, block, range, subdivision or addition in which the same
is located chargeable with the cost of constructing said sewers in
� said Sewer Distr3ct No. ��:. , under this contract.
4. 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 or tract.
6. The proportionate share of the total cost o£ constructing said sewers
chargeable against each such lot or tract of land.
SECTIOnT 17. The City Engineer shall, as soon as said report of the appor-
tionment of costs 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, five (5) special tax bills, each for one-
fifth (I/5) the amount of the special tax against each particular lot or tract
of land in said Sewer District No. 1.-�`:. , as above described, whiah tax
bills shall be pa.yable res�ctivel,y on or before ones two, three, four and
five years after the date of their issue, with interest from date at the rate
of ten (10) per cent per annum until paid. Each of said tax bills shall pro-
vide that if any one tax bill or installment shall not be paid when due, then
all of the remaining tax bills or installments against the same lot or tract
oF land shall become due and payable,
SECTION 18. Said special tax bills shall be certified by the City Engi-
near e�nd shall be attested b,y the Cit,y Clerk of said City under the seal of
said City, and when said special tax bills are issued and delivered to the
contractor in accordance with the law and this ordinance, they shall be ac-
cepted as payment in full of the cost of constructing said sewors as herein-
above described, provided, hok�ever, that the total amount of said special tax
so apportioned, charged and levied against said lots and tracts of land in
said Sewer District No. 1-i, , shall not exceed the Engineer�s estimate
of cost for the construction of said sewers.
SECTION 19. All special tax bills so issued, as aforesaid, shall be
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lians against the respective lots or tracts of land described therain in
accordance with the law and ordin�.nces of said City, and they shall so ex-
pressly state on their fa�e and e�:ch such cert��'�e� tax bill in any suit
thereon shall, in accordan�e with ;,he la�w; be p,•ima fa�ie evidence of the
validity of the bili and of the doir.g ef th� wo='r> and of the furnishing of
the material charged for•, and of the liabilitiy �.;f �he l�nd described in the
bill, and said special tax bill shail be prim� fa�ie evidence of the regular-
ity of the proceedings by which such sewers were constructed in said Sewer
District No. 1-•:, , such special tax bills delivered to the contractor,
as aforesaid, shall be assignable or collectible by the holder thereof and
a�y be sued on and thQ lien thereof foreclosed in accordance with the statutes
of the State of Missouri covering the proceedings under which such special
tax bills were issuod.
SECTION 20. The City of Cape Girardeau 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 an,y cost that may be accrued in
auy action thereafter brought on account of any special tax bills by the owner
or holders thsreof.
5ECTION 21. When said special tax bills are issued as herein provided,
the City �ngineer of said City shall, in aceordanca with the law, cause said
tax bills to be registered in a book to be provided for that purpose, and
deliver such book to the Cit.y Clerk and Collector of the City. The registra-
tion of such tax bills in such tax book shall contain the necessary data to
comply with the lawful registration thereof and may include the following:
1. The date of such tax biZl.
2. The name of the property owner against whom the same is issued.
3. The name 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 bi12 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. Such other information as may be deemed desireable or necsssary.
S�CTION 22. The amount of any such tax bill issued in payrr�aent for ssid
sewers and the accrued interest thereon may be paid to the City Clerk and
Collector for the owner of holder thareof at axiy time, whereupon the City
Clerk and Collector shall, upon presentation to har of an,y receipted tax
bi11s� note the payment on the register thereof, and such entry shall be
evidonce of the payment of the tax bill therein stated.
S'�CTION 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, sueh 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, upon the margin of such special
tax bill, make an appropriate note of such assignmant.
SECTION 2L,.. When any owner of property against which such special tax
bill shall be issued, shall pay to the owner of the tax bill, the amount
thereof, such owner shall endorse on the back of the bi11 a receipt for the
amount paid and deliver the sama so endorsed to the part.y making such payment,
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 property described
in such tax bill is entitled to satisfaction thereof on the register and ab-
stract of special tax bills herein above provided for, and the Cit,y Clerk and
Gollector on the receipt af such certificate, shall file the same and enter
such payment and shall also certiFy on the back of such tax bill that such
satisfaction has been entered.
SECTION 25. In any contract a��rarded for the construction of sewers
herein provided for, the contractor shall agr�e to accept special tax bills
in payment for the work of construction as hereinabove provided, and said tax
bills shall be deliverod to him after pa.yment by him of the cost of engineer-
ing and inspection, and all other eost of construction of said sewer system,
and such tax bills shall aggregate in amount the total amount of his contract
as computed, apportioned and charged by the Enginear of that City.
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�C`1'TUT�T 26. :�ll orclinances or parts oi orciinances ir_ conflict
with the provisions of tnis o�^dinwnce are herebir repealed.
i�irs� readin,� �;iven tnis � I da�,� of �--�` �'���� , 1�57•
5ccoiZc� arid third readir��s �;iven this // da`r of � , 197 l,
and sai.d ordinance finall�t passed and approved.
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