HomeMy WebLinkAboutCommForm.1487.10-05-1953 y� i
1 . �
COI��`�1ISSIOI�d r ORM ORDI�JAN� T�TO.��.
AT�T ORDIi�TANC� ADCpTIi�G PLAP�S A�`TD SPEC�'IC��TIUIVS
FOi� TI� COTSSI'��UCTIflT•T OF A SYSTE��I OF STORi�-T SET�,�RS,
TO r3E U��D II�T T� DISPOSAL OF STORL-' ��IA LR IP? T�3E
TERP,ITO�Y DEFINED AS JOINT STOR�1 SEi�1ER DIS^1:�iICTS
NOS. 6c� 6i, and 12a� A SUB�NISION OF SEWER �IS-
TRICTS P?OS. 6 and 12, AP?D DEFIi�IlliG TI� TI�RRITOR-
I�L LIl'�1IT�S OF TI-i�+' Sr"iID �7'OINT STORIi �`�"ii;�'T�:;"�-� i�ISTIiICiS:
SAID PLI�IrS .�l`�D SPECIFIC1�TIv^NS HAVE BE'.�.�,T�d PRLPA�D
BY LYi-IAT�1 I-�Ri3ISOT�1� ;ITY 'LI�fGINEER� PREV IOUSLY
SUBP�'IIT'I'ED TO THE COUN�IL, A�OFTIl`dG T�� ESTI��2A'�E
OF TI� S.�ID Li�1GINE�R :�{OR TI-� COST OF CONST�tUCT-
ING THE JOIN^1 S10RF•2 S�T��iE'R �ISTRIC`1'S I�10S. 6c,6i,
and 12a, Ai��D ORDERIPIG COIdSTi�UCTION OF SAID SYSTEM
OF STQRt�7 S�j�RS IT�t S�I:� DIS1^ILICTS IPT ACCOx'�D�NCE
��7TTfi SAID PLAi�S� SPECIFICATIOTTS AND ESTI�IATE OF
COSTS, AUTHOr�IZINC TFL CITY EivGI1VE��R AT.D CI^lY
nTTORTSEY TO T`�'GOTIt�,T� F0� �IGHT-OF-�;1AY .r�T��D EASE-
I�riENTS OVER VARIOUS TR�sCTS .AI�TD PA�CELS OF LATdD
NECESSARY 1{OR T��E CONST��U�;TIOT�� 0�� Sl�ID STORP�i
SEu�JER SYS1ENi, tiND AUTHORIZING 1HE IidSTITUTIOTti OF
COT���'DE;����T�TIOT��i SUITS, 1�E' I'TECESSARY, TO ACQUIRE THE
NECESS�.RY RIGHT OF Y�dAY AND GROUI�TD ADJOINIPTG S.�ID
�IGHT-OF-d1AY FOl� �rIOR�ING ROOr�i� PitOVIDI,TIG FOR
LETTING THE COTdTRfiCT :N OR 1^I� ��'ORFi OF COT�TSTl-`iUCTION
OF S��ID SYSTEI�7 OF STORP2 SETr�TERS, DIF�E:CTING TIi�'�T
S�ID SEWERS BE P�ID BY T�� ISSUATvTCE OF SPECIAI,
Tt�X �ILLS TO BE APPORTIOT3ED AND CHARGLD AGAINST
TF3E LOTS ,A��D TRACTS OA� LAT�LD Et��t3RA�D i�JITHIN THE
S��.ID SYS�E�I 0�' STORT�S SEtiaIERS IN SAIA JOTNT STOR2�I
SEy�R DIST�?IC^1S �105. �c, 6i� 12a� AS �LSCRIB�D ITI
S.t�ID 1�LAN5 AI�tD SPECIFIC.�TI�T��S, exclusive of �UBLIC
HIGHjr11�YS, S^1R�ETS, ALLEYS AiVD �U3LIC PROPERTY
1+�:nCEPT AS F�OVID�D IIV Se'�ID PLAl`tiS AI'tD SPECIFICA-
TIOIJS� A.I�1D DIR�CTING THAT S��ID TA: i3ILLS BE
ISSUED ACCORDITdG TO L.Ati�J AI�TD COTJ^1AII�tING ATvT EP�2ERG�TdCY
CLAUSE AI1� �P�ALING OF ALL O��.DII�Tr�1C�S IN CONFLICT
HERn��TTT$.
ts�I�AS, the said Council havin� bee.n heretofore duly authorized
by the vote of �he people of the Cit;� at an election held for
tha.t purpose� passed and approv�d Co.;��issio,n Forr.� Ordinance PTo.
1153� on the 26th day of 3�-2ay� 19�+$� by the terms of which ordinance
the territory embraced within the City of Cape Girardeau i��as
subdivided i,nto thirteen sewer distri�ts� namely Seti,rer �7istricts
A1os. l� 2� 3� 4� 5, 6� 7� &� 9� 10� 11� 12 and 13� i,nclusive�
and
Wf�REAS� the eouncil deer�s and declares it necessary that a system
of storm setiaers be co,nstructed in joi,nt storm sewer districts 6c ,
6i� and 12a� a subdivision of seV�er districts PTos. 6 and 12� ti��ith-
out delay� in order that the sanitary conditions e«isting in the
said territory be improved� and�
WHEREAS� the City Council has caused the City E.ngineer to design
a system of sewers for the purpose of carrying off the storm water
from certain areas of sewer Dis�ricts Nos. 6 and 12 and relieving
said areas from flooded, unsanitary, and unhealthful conditio,ns
tahich result from heavy rain-fa11 and the s�id plans� specifica-
tions and cost of designing joint storm set•rer districts T?os. 6c�
6i� and 12a� ha.ve been prepared and submitted to the City Council
for approval, T��OUd TI�RETO�,
C0.-IT�SSI�T�? TOR1 0�-�DIT�dAITCE N0.
Page � 2.
BE IT O�DAIT?rD BY THE CITY COUPdCIL Or TiIE CITY OF
CAPE GIR�RDE�U, T�iISSOI�RI, AS FOLLOti°TS:
SECTION 1. The Council hereby deems and declares that a public
necessity exists for the establishment� construction
and maintenance of a system of relief or storm water
sewer district in sewer districts Nos. 6 & 12� to be
known as joint storm sewer districts Nos.6c,6i, and 12a,
and it hereby further declares �hat all of the land
hereinafter described� said 1.and lying zaithin sewer
, districts i,os. 6 a.nd 12 and to be knot��n as joint s�orm
sewer districts 6c, 6i and 12a, exclusive of public
Highways� Streets, Allies and Public Property, tiaill
be benefited by the construction of such sewers as
are hereinafter described� to-wi�:
Beginning at the northeast corner of Lo� 10� Block 1 of
Harris Subd�.vision in the City of Cape Girardeau� T��Zissouri;
Thence N 81 44� W alo.ng the north line of BlocksoT�lq.l
& 5 a distance of 746 feet to a point; Thence S 8 20'
E a distance of 635.6 feet to the south line of Ther�is
Street; Thence S 81° �+Ot E along the South line of
Themis Street a distance o�' 186 feet to a poi,nt; Thence
in a southerly direction a distance of 238.5 feet to a
point that is N 81° 40' W a distance of la8 feet from
the East line of Spring Ave. ; Thence S 81 40' E a distance
of 528.3 feet to the east line of Clark Ave. ; Thence in
a southerly direction alont; the east line of Clark Ave.
a distance of 125 feet to Lhe north la.ne of Whitener Street;
Thence in an easterly direction along the north line of
V�Thi�ener Street a distance of 350 fee� to a po�:n�• Thence
P� 8 20� E a distance of 100 feet•oThence S 8l° 4(�' E
a distance of 320 feet• Thence P1 � 20� E a distance of
200- feet; Thence s 81a �+o� E a distance of 215 feet to
the west line of Caruthers Ave; The.nce in a northerly
directio.n along the west line of Caruthers Ave� a distance
of 187.5 feet; The.nce east along the cantier line of alley
runnin�; E & ��J through Blocl� 9� Sunset Terrace to the east
li,ne of N & S alley in said Block 9; Thence north alo.ng
east line of said N & S alley to the south�aest cor.ner of
. I,ot 10 Bloc�� 9 Sunset Terrace; Thence East along the
south �ine of said Lot 10 a distance of �0 feet; Thence •
south through the center of I,ots 11, 12 & 13 Block 9
Sunset Terrace l�ddition to the north line of Themis Street;
Thence easterly to the Southeast cor.ner of Lot 13 Block 9;
Thence southeast to the ce.nter line of Themis Street &
Sunset Blvd. 1'he.nce easterly alon� the center line of
Themis Street to the western boundary of Sez�er District
Tdo. 5. The.nce north alo.ng western boundary of Sewer
District Pdo. 5 to the south line of Bessie Street; Thence
west along the south 1.ine of I3essie Street and projected
a'distance of 227.91 feet to a point; Thence northerly
a dista.nce of 50 feet west of and paralleling the west
line of Franl�lin Street to a point '70 feet north of the
southeast corner Lot ' 2 B1ock 3 of Stockton' s Additio.n�
Thence west paralleling the south line of sa id Lot 2
� distance of 105 feet; Thence north along the east line
of Lot 1 Block 3 Stockton's Addition a dista.nce of 60 feet;
Thence westerly parallelin; the south line of I,ot 1
131oc'_� 3 Stockto.ns Additio.n a dist�..nce of 105;�5 feet to
the west line of said Lot l; The.nce .north alo.n� the west
line of said Lot l and projected to the north line of
Lacy street; Thence west a1o.n�; the north line of Lacy
Street a distance of 465.48 feet; The.nce no�th paralleling
Sunset Court a distance of 40 feet; The.nce west paralleling
Lacy Street a dista.nce of 195 feet to the cPnter line of
Sunset Court; Thence south along the center line of Sunset
Court to the center line of Tnile.nius Street; The.nce west
along the ce.nter line of Tl�ile,nius Street to the west line
J. �
C QT��i:I SS I Oi1 �'ORT�7 ORD IISAIICE NO.
Pa;e 3-
of �aruthers �ve.nue.� Thence south alon� z�rest line of
Caruthers Ave.nue; a dist�nce of 7B feet; The,nce �uest
at right an�le to Caruthers Ave. to the �,nters�ction
of the east line of Thilenius Ave; The.nce in a south-
westerly directio.n alo.ng the south east line of Thile.nius
Avenue to a point that is 220 feet east of and along
the south line of Thilenius Avenue from the southeast
corner of Thilenius Avenue & Clark Ave; thence in a
sou�hVresterly� direction to a point that is S 81° �-�-�r E
a distance of 150.3 feet fro� the northeast c or.�er of
Lot 10 Block l� Harz�is Subclivision; Thence N 81 44� W
a distance of 150.3 feet to the point of beginning.
SECTIOT�1 2. All o� the �roperty descri'ped above by metes and
bounds shall be designated as joint stor�n seti3er districts
6c, 6i� and 12a, Cape Girardeau� I�Zissouri, the Council
declaring that all lands so described will be benef ited
by the construction of said storm setiaer.
SECTIOT3 3. Said plans� specifications and estimate of costs
for the construction of said s�Tstem of storm sewers in
s�.id joint storm sewer districts 6c,6i a.nd 12a above
described, and previously submitted to the city council
are hereby approved and adopted as the plans� specifa.- _
cations and estim�te of costs for the construction of
said s�stem of storm sewers� in certain joint sewer
districts 6c� 6i� and 12a� and are by the council
ordered filed, in the office of the �ity Clerk of the
City of Cape Girardeau� Missouri.
SECTION 4. The estimate of cost for construction of said system of
storm sewers in said joint storm sevaer District No. 6c,6i,
and 12 a� above referred to is hereby ap�roved and adopted
by the Council as the estimate of cost for the construction
of said system of stor.n se�aers in s aid joznt storm sewer
District No.6c,6i, and 12a� a.nd it is hereby ordered by the
Council that the total cost of construction of said er
system shall not exceed the amount of said engineerp��.��"`'�
no contract herei.n authorized shall be let for the construc-
tio.n of said sewer which calls for the expenditure of nlo,ney
and the issua.nce of special tax bills in a greater a�nount
than the total cost of the same contained in said estimate�
provided9 however� that this section shall not apply to
the cost of acquiring the right-of-vaay and working room
ne�essary for the construction of said sewers.
SECTION 5. Said plans� specifications a.nd estimate of cost� together
with the profile and form of contract for said ��ork made
by said engineer and ordered filed this day� are hereby
made a part of this ordinance a.nd shall be in effect and
have the same force as if embodied herein for the purpose
of identificatio.n of the same in the form in �ahich they
now exist� the City Clerk of said City is hereby directed
to p7..�ce her f ile marks over the off icial sig.nature o.n
this date of pre sentation and f ir st reading of this
ordinance on said pla.ns� specif ications a.nd estimate of
cost, and on said profile and on said zorm of contract�
SECTIOTT 6. It is hereby ordered and directed that a system of
storm sewers for the removal of stor�� water only, including
manholes a.nd all other necessary appurtenances be established�
co.nstructed and maintained in said joint storm sewer District
PZo. 6c�6i,12a, of seVaer pipe� cast iron, brick� ceme.nt�
concrete and other materi�.ls in the form and of the dimensions� �
locatio.n� character and description show.n and particularly
described in said pla.ns, specif ications� estimate and
profile for said system o�' storm sewers made by said
City E.ngi.neer and heretofore referred to and made a part of
this ordinance.
COi���i'�tISSIOT7 FOR:'', ORDINAPTCE P10.
Page # 4
SECTION 7. The said plans� specif ications� estimate of cost�
profile and forms of contract for said system of storm
sewers in said joint sewer District 1�?0. 6c,6i, and
12a� shall be safely kept and preserved for future
refere,nce and the same shall be deemed� held and consider-
ed for the basis of the sewers which are by this ordi.nance
constructed for joint storm sewer District No. 6c,6i,
and 12a, and alI of saici sewers including manholes�
outlets� branches� laterals and appurtenances, shall
be co.nstructed and completed of the material and dimen-
sions and on the location� and according to the manner
of co.nstruction� a.nd in all other particulars in
accordance w ith said plans� spee:if ications� estimate
of cost� and profile and all bids, contracts and calcu-
lations for the estimate of construction of said sewers
shall be based upon said plans, specif ications� estimate
a.nd profile� subject to the provisio.ns of this ordinance.
SECTIOT�1 8. The construction of the sewer herein provided for�
including all parts and appurte.nances covered by said
plans� specifications� estima.te of cost� profile and
form of contract for said work� sha11 be done under
a contract privately let in harmony with the provisions
of Sectio,ns 88.497 to 88.b47, Revised Statu�esof Missouri
for 194g, including particul.arly Section 88.600 thereof
and all bids or proposals for such co.nstruction work
shall be made on printecl or mimeographed f'orms furnished
by the City Clerk to all persons� firms� or corporations
desiring to bid on such construction. Frospective bidders
desiring to examine said plans� specifica�io.ns� estimate
of cost� profile and form of contract for said work may
do so upo.n d epositing with the City Clerk the sum of
�10.0� for such �rivilege� o.ne-half of such sum to be
returned if a bona fide bid is submitted. Each proposal
shall be addressed to the Z�Ta,yor and City Council of
Cape Girardeau, Missouri� in care of the City Clerk of
Cape Girardeau� Missouri� a.nd marked "Proposal for storm
sewers in joint storm sewer district No. 6c,6i and 12a.
SECTIOT�T g. Each proposal shall have enclosed w ith it a certified check
o.n a bank satisfactory to the City Council in the amount
of Five Hundred Dollars (�500.00) , said check to be made
payable to the I��ayor of the City of Cape Girardeau�
Missouri� which shall be retained as a guarantee of good
faith on the part of the bidder that he or it wi11� if
awarded the contract therein applied for� without delay
execute a proper legal contract a.nd bo.nd as required by law�
and� othertiaise perform the obligations of said bid�
whereupon said check shall be returned to said bic�der.
SECTION 10. The City Council wi11 meet in open session at 2:30 P. M. �
o.n , and proposals of bidders
will be considered at that meeting and at any subsequent
meeting held hy the Council f or that purpose. Any bidder
may be present at any such me�ting and e xplain his bid
in person. At such meeting as the Council ma.y deem proper�
the matter of awarding a.nd making a contract for the
construction of said system of storm sewers in said
joint storm sewer Districts Nos. 6c, 6i and 12a� may be
acted upo,n by the council and the final action t�:ken
by the Council will be according to its best jud�ment
a.nd discretion after full consideratio.n. Ado 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 �aith the law and ordinances
of the City in full payment for the work under the contract
provided f or herei,n. The City of Cape Girardeau reserves
the right to reject any and all bids for the construction
of the system of sewers herein provir�ed for.
� . �
CO��l.TISSIOP? FORi�I OP�DINANCE PTO.
Page # 5•
SECTI�I�� 11. All bids for the co.nstruction of said storrn sewers
shall be considered and held as subject to the provisions
and reauireme.nts of this ordinance which shall be deemed
and taken to be a part of any contract let for said
work.
SECTION 12. The Contractor or Contractors �o ral�am _the contract sha11
be awarded shall at his or their ovan costs and expense�
provide lights, guards� fences� barricades and other proper
means to protect persons and property fro�n injury and damage
on account of said daork fro�n the com.�encement to the comple-
tion thereof� and shall indemnify the City of Cape Girardeau
against any and all losses by reason of the violation of
this or any other requireme,nts of this ordi.nance.
SECTIOi� 13» No contract or award f or the construction of said sewers
shall be binding upon the City of �ape Girardeau until the
person or perso.ns to whom such contract shall be awarded
sha11 enter into a writ�Len contract with said City specify-
ing the materials to be furnished, the w ork to be do.ne�
and the price to be paid therefor, co.ntaining agreements
and stipulations on the part of the contractors to fur.nish
said materials a.nd to compl�te the zaork of constructing
said sewer s in the manner a.nd tia ithin the time provided f or
in this ordinance and said co.ntract shall provide that said
work shall b e done in accordance with the plans� specif ica-
tions, estimate of cost and prof ile adopted by this ordinance�
and further provide that the contractor shall b e required
to execute �iond with good and suff icie.nt suretie s� to be
approved by the City Council of the City� and payable to
the C3ty of Cape Girardeau� f or the amount of the cont-
ract price. Said' ho.nd sha11 be conditio.ned as provided by
law and furthe� co.nditioned that said co:ntractor w ilI fully
guarantee and indemnify the City Council, the �ity and said
joint storm sewer districts No. 6c� 6i and 12a, against any
and al1 d amage or loss which might in anywise result from
the connection of the City with said Contractor by reason
of said contract, or by reason of his failure to fully and
faithfully carry out the provisio.ns of said contract� or by
the neglige.nce of said Contractor or any subeontractor�
employee� servant or agent of e ither. Said bond sha11
be furnished w ithin t wenty (20) days after said contract
has been awarded and when approved and accepted by the
Council as herein provided� the Mayor of the �ity of
Cape Girardeau acting for and on hehalf of the City� is
herebyaauthorized to execu�e in the .name of the City such
co.ntract for the construction of said system of storm
sewers in said joint storm districts No. 6c,6i,l2a, with
the perso.n� f irm or corporation whose bid has been accepted
by the Council� in accordanee with the provisions of this
" ordinance.
SECTIOI�T 1�. The delivery of the material for said system of storm
sewers and the actual constructio.n thereof shall be begun
one week after written .notice to begin shall have been
�;iven by the City Engineer to the Contractor� and said
work shall be carried o.n continuously and un�.nterruptedly
at such rate as will insure the completion of said work
of constructing said system of storm sewers o.n or before
the day of _l95 . Should the work�
however� be delayed or �,z�terrupted by the City Council or
officers of the City of Cape Girardeau, by Acts of God� or
by any other cause entirely beyond the co,ntrol of the
Co.ntractor� 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
Co,ntractor against the City or �ity Council� or a�,ainst
said joint storm sewer districts Nos. 6c� 6i and 12a.
r •
COP�I��TISSION FORI�I ORDIP�IANCE ATO.
Page # b.
SECTION 15. As soon as the work of co.nstructing said system of
storm sewers insaid joint storm Sewer District No. 6c,6i
and 12a� as herein provided �'or� shall have been cor�pleted
under the contract let f or that purpose and accepted and
approved as aforesaid� the City Engineer shall� without
delay, make a written r epor� to the City Council of the
character of the tiaork and whether or .not the same was
performed in due compliance with the terms, co.nditions
a.nd requirements of the contract therefor and of this
ordina.nce� which report shall be filed with the City Clerk
who shall present the same to the Council for i�s
co.nsideration.
SECTIOP3 l6. 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 f or has bee.n
executed� and shall make inquiry into the whole matter
, herein considered, and upon bein�; satisf ied that the whole
of said contract has been substantially complied with
shall by resolution� or otherti�aise� declare its acceptance
and approval of said work.
SECTIOI�? 17. When the work has bee.n completed, accepted and approved
as herein provided� the City En.gineer shall compute the whole
cost thereof, incl.uding the cost of right-of-way� a.nd
apportion and char�e the same as special tax against the
lots or tracts of land embraced by the plans� specif ications
and estimate of cost and profile for the construction of
said system of storm sewers in said joint stor:n sewex
districts Nos. 6c,6i and 12 a� �e district in and f�T
tiahich the said sewer system shall have been constructed
in the proportion which the respective areas of said
lots or tracts of Iand bear to the areas of the whole
district� exclusive of public highways, streets� alleys
and �ublic �ro,pert � e xcept that included within said
district benef ited by said plans, specif ications� estimate
of cost and prof ile therefor, and the City Engineer shall
report such apportionment of cost to the said Council
in writing� which said report shall include the following:
1. The Total c ���of constructing said system of storm
sewers in�wer Districts No. 6c,6i and 12a� .
2. The aggregate area of the entire territory included
in said syster� of storm sewers in �,id joint storm
Sewer Districts Nos. 6c, 6i and 12a, exclusive of
public hgihways� stre�ts , alleys and public
property as aLove �mentioned
3. The correct description of each separate lot or
tract of land including the lot, block, range�
subdivision or acldition in which the same is located
chargea�:le iaith the cost of constructing said sewers
in said joint storm sewer districts Nos. 6c,6i, 12a,
under this contract.
4. 1�_e name of the owner or ow.ners of each separate
lot or tr��ct 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 of .
constructing said sewers chargea'ple against each
such lot or tract of 1and.
COI��IISSIOT�; FORI i ORDINANCE N0.
Page P1o. # '7.
S�.CTION 18. Tne City Engineer sha11� as soon as said report of the
apportion::�ent of costs shall have been completed� ap�:.roved
and acknowledged by the Council� make out and ceriify
in favor of the contractor or co.ntractas to be paid for
said work as above provided� f ive (5) special t ax bills�
each for one-fifth (1/5) the amount of the special tax
against each particular lot or tract of land in said
joint storm sewer districts Nos.6c,6i and 12a, as above
described� which tax bills sha11 be paya�le respectively
on or before o.ne� t�ao� three� four and five years after
the date of their issue� w ith interest from date at the
rate of ten (10) per cent per annum until paid. Each
of said tax bills shall provide that if an� o.ne tax bill
or installment shall .not �e paid when due� the.n all of the
remaining tax bills or installments against the same lot
or tract of la.nd sha11 become due and payable.
SECTIOI�T l�. Said special tax -�:�ills shall be certified by the City
Engineer and sha 11 be a ttested by the City Clerk of said
City un�er the seal of said City� and when said special
tax bills are issued and delivered to the co.ntractor in
accorda.nce w ith the law and this ordinance� they shall be
accepted as payment in full of the cost of co.nstructing
said sewers as hereinabove described� provided� however�
that the total amount of said special tax so apportioned,
cha.rged and levied ag.ains • a d lots and tracts of land
in said joint s�orm sewr�r� 6c�6i and� l2a shall not
ex�eed the Engineer� s estimate of cost f or the construction
of said sewers.
S�CTION 20. A11 special tax bills so issued� as aforesaid� shall be
liens against the respective lots or tracts of land
described therein in accorda.nce w ith the law and ordinances
of said City� and the3� shall so expressly state on their
face a.nd each such certif ied tax bill in any suit thereon
shall� i,n 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� a.nd
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 wnich such
sewers were constructed ins�.id joi,nt storm sewer districts
1Tos. 6c, 6i and 12 a. Such special tax bills delivered
to the contractor� as aforesaid� shall be assig,nable or
collectible by the holder thereof and may be sued on
and the lien thereof foreclosed in accorda.nce with the
statutes o�' the State of P�Iissouri coveri.ng the i�roceedings
under which such special t a x bi11s vaere issued.
SECTIOId 21. The City of Cape Girardeau shall in no event� nor i.n any
manner whatever, be liable for or on account of the work
do.ne in constructing said sewer� nor shall said city be
liable f or any cost that may be accrued in any action
thereafter brought on account of any special tax bills
by the ow.ner or holders th�reof.
SECTIOT�d 22. ti+lY�.e.n said special tax bills are issued as herein provided�
the City Engineer of said City shall� in accordance w ith
the law� cause said tax bills to be registered in a book
to be provided f or that purpose� and deliver such book to
the City Clerk and Collector of the City. The registra-
tion of such tax bi11s in such tax books shall co.ntain
the necessary data to comply with the lawful registration
thereof and may include the following:
r *
C0�-��2ISSIGTT FORi�i ORDIT�TATdCE TJO.
PAGE No. # 8.
l. The date of such bill.
2. 1^he name of the property otiuner against who:n
the same is issue:l.
3. The name of t=�.e � r son or f irm in f avor of w hom
the tax bill is issued.
4. The amount of such tax bil1.
5. 1he purpose for �,ar�ich said t:1� bill is issued.
6. A reference to this ordinance by number.
7. �it least an abbreviated description of the property
described in such tax bill.
8. Such other i�nformation as may be deemed desirable
or necessary.
SE�TIO�� 23. The amount of any such tax 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�
upo.n prese,ntation to her of a,ny receipted tax bi11s� note
the payment on the re�;ister thereof� and such entry shall
be evidence of the payment of the tax bill therein �stated.
SECTIOlv 2�+. Every such special tax bill issued under the provisions of
this ordinance and the lie.n thereof, shall be assignable
a.nd when any such special tax bills shall be assigned, such
assignment shall be noted on such special tax bills� and
the assignee sha11 exlzibit the same to the City Clerk and
Collector� who� sha11� thereupon� upon the margin of such
special tax bill� make an appropriate note of such
assignement.
S�CTION 25. When any owner of proz�erty against which such special tax
bill shall be issued, shall pay to the owner of the tax
bill� the amount thereof� such ow.ner shall endorse on the
back of the bill a receipt for the amount paid and deliver
the same so endorsed to the party making such payme.nt�
together with a certificate ac�dressed to the City Clerk
and Collector stating that such tax bill has bee.n paid�
and the owner or owners of 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 o.n the receipt of
such certif icate� 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.
SECTIOi� 26. In any contract awarded f or the construction of sewers
herein provided for� the co,ntractor sha].l agree to accept
special tax bills in �ayment for the ti•aor'_� of construction
as hereinabove provided� a.nd said tax bills shall �e
delivered to him after payment by him of the cost of
engineering and inspection� and all other cost of
construction of aaid sewer syste:n, and such tax bills
shall aggregate in amount the total amount of his
co.ntract as computed, apportioned and charge_d by the
Engin�er of that City.
�
� . ,
� COi�Tl`�iISSI0T1 FORi`�1 ORDINANCE N0.
Page # 9•
SECTION 27. TI�� Council further fi.nds and declares that the public
health of the City is endangered by the present storm
�aater sewer facilities existing in the territoy above
described as joint sewer districts Nos. 6c, 6i and 12a,
through the lack of storm water sewer fs�cilit�es� and
in order that the ,necessary, storm w ater sewer facilities
as herein provided f or may be constructed Vaithout delay
and in order that the construction herein co.nternplated
may move fortiaard rapidly with co.nsequent benefit to all
citizens of the City� the Council finds that �n
emerge.ncy exists within the Statutes of T�iissouri
authorizing emergency legisl.atio.n� a.nd this ordinance
shall therefore take effect and �,e in force from and
after the date of the passage and approval.
SECTIOPT 28. A11 ordinances or parts of ordi.nances in conflict
with the provisions of t�iis ordinance are hereby
repealed.
First reading given this �Z.��day of September� 1953•
p `� �/ Second reading � ��� d `�� I�S„3
y�w� reading given this �� day of 6� 1953•
and said ordinance finally passed and approved� (� � ,3l 1953•
GZ�%�-K ,
,�MaYor
At est:
.
��-o�-� �
City �lerk
(seal)