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CONiMTSSION FORI� ORDINANCE NO.�
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AN ORDINANCE ADOPTII�TG PLA.NS AND SPECIFICATZONS FOR A STORM
WATER SEWERAGE SYSTEM IN SEWER DISTRICT N0. 6 IN THE CITY OF '
CAPE GIRARDEAU, MISSOURI; ADOPTING THE ESTIMATE OF THE CSTY
ENGINE�R OF Ti� COST OF CONST�UCTING SE�NERS IN �r�ID SYSTEI�t?
IN SAID DISTRICT 1�ND ORDERING THE CONSTRUCTION OF SUCH SEW�RS
;: IN ACCORDI�NCE VJITH SAID PLANS, SPECIFTCATIONS AND ESTIMATE;
DIRECTING THE CLERK TO AD�TERTISE FOR BIDS FOR TF� CONSTRUCTION
OF SUCH SEWER DISTRICT; PROVIDING FOR LETTING THE CONTRACT FOR ;
THE VdORK OF CONSTRUCTING SAID SEWERS; GIVING CREDIT TO VARIQUS ;
LOTS AND PARCELS OF LAND FOR SEVVERS NOW IN PLACE, SAID SEG�'RS
; TO BE MADE A PART OF SAID STORM SEUVERAGE SYSTEM; AUT�iORIZING �
; 'l� CITY ENGII�ER AND CITY ATTORNEY TO NEGOTIATE FQR RIGHT-OF-
WAY FOR .AN QU`I�LET FOR SAID SE`uVERAGE SYSTEM; AUTHORIZING THE
MA.YOR TO P.�KE CONTRACTS FOR THE PURCHASE OF SAID OUTLET;
DIRECTING THA.T SAID SE��'JERS AND OUTLET BE PAID FOR BY SPECIAL -
TAX PROI'ORTIONED AND CHARGED AGAINST THE LOTS AND TRACTS OF
LA.ND IN SAI� STORM `�'ATER SEWERAGE SYSTEM, EXCLUSIV� OF PUBLTC
HIGH`�"dAYS, STRE�,TS AND ALLEYS; AND DIRECTING THAT SPECIAL T.AX
BILLS BE ISSUED AGAINST THE PROPERTY IN SAID DISTRICT TO PAY
F'OR SAID SEL'VERS AS PROVIDED BY LAW
WHEREAS, the people of the City of Cape Girardea� have by vote duly �
adopted what is now designated as Sections 6872 to 6889, both inclusive ,
of Article 4, Cha�er 38, Revised Statutes of Missouri, 1929, and that
said sections of the statutes of Missouri are now in for�e and are oper-
ating as a sewer charter for the City of Cape Girardeau; and
WHEEREAS, as provided bq Section 6873, Revised Statutes of Missouri,
1929, the City of Cape Girardeau has been duly divided into twelve (12)
sewer districts known as Sewer Districts numbered 1 to 12 inclusive, by
Commission Form Ordinance No. 323, passed and approved on the 4th day of �
April, 1925; and
j^T�3EREAS, a sanitary sewerage system has been constructed in Sewer
District No. 6 in aecordance with the ordinanees passed by the Council
of the City of Cape Girardeau pertaining thereto, but that said sanitary
sewerage system was not designed for the carrying off' of surface water `
falling within certain areas embraced within said 9ewer District No. 6
and is wholly inadequate and should not be used for that purpose; and
WHERLAS, in the growth and development of the City of Cape Girardeau,
and particularly that part of the City comprising a part of Sewer Dis-
_ trict No. 6 , there has arisen a constantly growing problem of taking
eare of surface water falling within certain areas of said Sewer District
No. 6, which problem can only be adequately met by a system of storm
setirers; and
WHEREAS, the City Counail has caused the City Engineer to design �
a system of sewers Por the purpose of carrying off the storm water from
certain areas of Sewer District No. 6 and relieving said areas from �
flooded, unsanitary and unheal-�hful conditions which result from every °
heavy rainfall,
NOW, THEREFORE, BE IT ORDAINED BY TI� COUNCIL OF THE CITY OF CAPE �
GIRARDE�U, MISSOURI , AS FOLLOWS:
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SECTION l. The Council hereby deems and declares that a public
�/ necessity exists for the establishm.ent , construction and maintenance
' of a system of relief or storm water sewer district in Sewer District
No. 6 of the City of Cape Girardeau, and it hereby further deelares
;, that all of the land hereinafter described, said land lying within
said Sewer District No. 6, exclusive ot' public highways, streets and
alleys, will be benefztted by the construction of such sewers as are
hereinafter provided for, ta-wit:
Begin at the intersection of the center line of Caruthers
Avenue and the center line of Thilenius Street; �hence east
along the center line of Thilenius Street to the center line
of Sunset Court; thence north alon� the center line of Sun-
set Court to a point 40 feet north of the north line oP Lacy
Street; thenae east parallel to Lacy Street 195 feet; thence
south parallel to Sunset Court 40 feet to the north line of
Lacy Street; thence east along the north line of Lacy Street
�o the east line of Lot 6, Block 4, Sunset Terrace, extended
north; thence south along the east line of Lot 6, Block 4,
° Sun.set Terrace, and its extension, to a point, said point be-
in� on the east line of Lot 6, Block 4, Sunset Terrace, and
130 feet north of the north line of the "North A11.ey" shown on
the plat of Stockton� s Addition; thence east parallel to the
north l�ne of the "North Alley� 105.75 feet to the east line
of Lot l, Block 3, Stocktonts Addition; thence south along the
east line of Lot l, Block 3, Stocktonts Additior� 60 feet; thence
east parallel to the north line of the "North Alley" 105 feet
to the east line of Lot 2, Block 3, Stocktonts Addition;
then�e south along the east line of Lot 2, Block 3 , Stockton' s
Addition 70 feet to the north line of the "North Alley"; thence �
south to a point on the south line of the "North Al1ey,� said
point being 50 f eet west oP the west line of Franklin Street ,
(fermerly Schlueter Street) ; thence south parallel to the
west line oP Franklin Street to a point on the south line oP
Bessie Street (formerly Sturdivant Street) extended; thence
east along the south line of Bessie Street (and Bessie Street
extended) to the western boundary of Sewer District No. 5;
thence south along the western boundary of Sewer District No.
' S to the center line of Themis Street; thence west along the
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center line of- Themis Street to the center line of Sunset
� Boulevard; thenee northwestwardly to the southeast corner of
Lot 13, Block 9, Sunset Terrace; thence west along the south
� line of Lot 13, Block 9 , Sunset Terrace 70 feet; then�e north
parallel to Sunset Boulevard to the north line of Lot 11,
Block 9 , Sunset Terrace; thence west along the north line of
Lot 11, to the northwest corner of said Lot 11; thence south
along the west line of said Lot 11, to the eenter line of the
east and west alley lying in Block 9 , Sunset Terrace; thence
west along the center line of said east and west alley to the
center line of Caruthers Avenue; thence nor'th along the center �
line of Caruthers- Avenue to the place of beginning. .
� SECTION 2. Al1 of the property described above by metes and bounds
shall be designated as Sewer District No. 6-C , Cape Girardeau, PJlissouri,
the Council declaring that all lands so described will be benefitted by
the construction of said storm sewers. �
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SECTION 3. The plans and specifications designated as storm
sewer system in Sewer District No. 6-C made by John R. Walther, City
Engineer, and filed in the office of the City Clerk of' said city on
the 27th day of May, 1940 and now on file in said office , are hereby
approved and adopted by the City Council as the plans and specifi�a-
tions for a relief or storm water sewerage system in Sewer District
No. 6-C, as hereinabove provided, of said city.
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SECTION 4. The estimate of the cost of the construction of a
system oP storm v,�ater sewers in said Sewer District No. 6-C, which
estimate was made b�r said City En�ineer and filed with the nlans and
specifications for said storm water sewerage system in the o�'fice
of the City Clerk on the 27th day of May, 1940 , is hereby approved
and adopted as the estimate of the cost for the construction of said
system of storm water sewers in said Sewer District No. 6-C. It is
hereby ordered by the Council that the total cost of the construction
of said storm water sewerage system shall not exceed the amount of
said estimate , and no contract sha11. be let for the c onstruction of
said system of storm water sewers which calls f'or the expenditure of
or the issuance of 5pecial tax billa f or a greater amount than the
total estimate herein.
SECTION 5. The said plans, specifications and estimate , together
with the profile and form of contract for said work made and filed by
the City Engineer on the 27th day of PJZay, 1940 , are hereby made a part
of this ordinance as t hough set out herein in the very words and f igures
thereof and shall be in effect and have the same force as if embodied
herein.
SECTI�I�T 6. It is hereby ordered and directed that a system of
storm water sewers, including manholes, inlets, outlets and other
necessar,y appurteaances, be established, constructed and maintained
in said Sewer District ATo. 6-C of sewer pipe {either clay or concrete) ,
brick, cement , concrete , and other materialg in the form and of the
dimensions, location, character, and description all as shown and par-
ticularly described in said plans, specifications and profile for said
system of storm water sewers made by the City En�ineer and heretofore
referred to and made a part of this ordinance .
SECTION 7 . Said plans , specificationa and estimate shall be
safely kept and preserved for further reference , and the same shall be
deemed, considered and held as a basis for the sewers which are by this
ordinance ordered constructed within and for said Sewer District No.
6-C, and all of said sewers, including manholes, catch basins, inlets ,
outlets, branches, laterals , and all appurtenances , shall be construct-
�; ed and completed of the materials and dimensions and in the location
and according to the manner of construction and in all other particulars
in accordance with said plans and specifications, and all bids, contractg , °
calculations and estimates for the construction of said sewers shall
be based upon said plans, specifications and estimate , sub�ect to the
provisions of this ordinance.
SECTIOFd 8. The City Clerk of the City of Cape Girardeau, Missouri
is hereby authorized and directed, as soon as this ordinance shall have
been passed and approved, to advertise forthwith for sealed bids for
the construction of the storm water sewer district herein provided for,
including all parts and appurtenances covered by said �3ans and speci�ica-
tions. The advertisement shall be run once each week and on the satne
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day of each week Por two consec�utive weeks in the CAPE GIRARDEAU
NEWS, a newspaper printed and published in the City of Cape Girardeau,
Missouri, and also said advertisement is to be run once each week and
on the same day of each week f or two consecutive weeks in THE SOUTHEAST
MISSOURIAA�, a newspaper printed and published in the City of Cape
Girardeau, Missour i.
SECTION 9 . Al1 bids shall be made on printed forms, and the Clerk
is hereby instructed to furnish all persons desiring to bid with such
forms. Any person desirin� a copy of the plans and specifications m�y
procure same from the City Clerk or the City Engineer upon making a
d.eposit of Ten Dollars (�`�10.00) therefor, one-half of which deposit
shall be returned when b�ueprints are returned in good condition. Each
proposal or bid shall be e�closed in a sealed envelope addre9sed to
the Mayor and City Counci� of the City of Cape Girardeau, Missouri in
eare oP the City Clerk of said City, and marked on the outside of such
envelope "Proposal for Storm Sewers in Sewer District No. 6-C."
SEGTION 10. Ea�h proposal shall have enclosed with it a certified
check 3n the amount of �1,000. , said check to be made payable to the
order of the City Clerk, W. C. Kaempfer, �hieh shall be retained as a
guarantee of good faith on the part of the bidder until the bidder to
whom the contract may be awarded shall have entered into a contract and
executed a corporate surety bond as hereinafter required, when said cheek
shall be returned. All checks of unsuccessful bidders shall be returned
upon the execution of the contract and bond by the successful bidder but
shall be held until the execution of said contract and bond. 30
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SECTION 11. Proposals of contractors shall be received until �
�' �.h2. on Monday, the _�� day of , 1940 , at which time said '
proposals will be opened and consiTdere in open session of the City
Council, and the advertisements for bids required to be published as
a_�'o_resaid shall state the date and the hour when such proposals shall
p be o ened and considered b the Council. On said date and hour, to-wit:
�, 3 �€i .M. , Monday, the � day of , 1940, after the Council
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sha 1 have opened and cons dered sa�. p posaZs, the contract Por the
�onstruction oP the storm wa.ter sew�rage sys�em in Sewer District No.
6-G shall be let by the Council to the lowest and best bidder.
SECTI ON 12. No bid shall be accepted by the City Council unless
the bidder expressly stipulates in his proposal that he will acc�pt
special tax bills issued in ac�ordance with the statutes of the State
of Missouri and the ordinances of the City of Cape Girardeau and this
ordinanee , in Pull payment for the work done under the contract pro-
vided f or herein. The Council reserves the right to rej�et any and
a11 bids for the construction of the s�wers herein provided for.`. : If it
should so happen that no bid be received, or, if' received, a11 bids
sh�i�l.d be rejected, then, and in that event, the City Council shall by
resolution instruct the City Clerk to again advertise f'or proposals or
bids as in the first instane�olutionefix�theptimedfor�the opening ofty
Council shall by t he same res
the new bids.
SECTION 13. All b�-ds for the construction of said sewers shall be
considered ace whichashall�betdeemed�and�takennto be partlofmanyscontract
this ordinan
let for said work.
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SECTION 14. The contractor or contractors to whom the work
shall be awarded shall, at his own e�pense, provide lights, guards,
fences, and other proper means to protect persons and property from
injury and dam.age on account of said work from the commencement to
the completion thereof, and said contractor shall indemnify said City
against any and all loss by reason of any violation of this or any
of the other requirements of this ordinance.
SECTION 15. No contract or award for the construction of said
sewers shall be binding upon the City of Cape Girarcleau un.til the
person or persons to whom such contract may be awarded shall enter
into a written contract with the said City specifyi.ng materials to
be furnished, work to be done, and prices to be paid therefor, con-
taining agreements and stipu�tions on the part of the contractor to
furnish said materials and to complc�te the work of constructing said
sewers in the manner and within the ti.me provided for in this ordinance
and said contra�t shall provide that said work be done in aecordanee
with the plans, specifications and estimate and profile adopted by
this ordinance , and the contractor shall be required to e�ecute a bond
with a corporate surety company as surety, to be approved by the Mayor
and payable to the City of Cape Girardeau, for the full amount of the
estimated cost and conditioned that the contractor will fully guarantee
and ind�mnity the Mayor, the City Council, the said City, and Sewer
District No. 6-C against an3r and all damage or loss which mag in any
way result from the conneetion of said City vrith the said contractor by
reason of said contract or by reason of his failure to fu11y and Paith-
Pully carry out the provisions of said contract. Said bond shall be
furnished within twenty (20) days after said contract has been awarded,
and said bond shall be accepted and app roved by the City of Cape Girar-
�' deau through the Mayor, who is hereby authorized in behalf of the City
of Cape Girardeau to sign a contract for the construction of said
sewers with the person, persons, firm or corporation whose bid is
�ccepted by the City Council.
SECTIOAT 16. The delivery of the material for said sewers and the
�ctual construction thereof shall begin within one week after written
notice to begin shall be given by the City Engineer to the contractor ,
and same shall be carried on continuously and uninterruptedly at such
rate as will insure the completion of said work of constructing said
sewers within '� � �� - � thereafter. Should the
work, however, be de..ayed or�nterrupted by the City Council or off'icers
of the City of Cape Girardeau or by the Acts of God, or any other cause
entirely bey�ond the �ontrol oP the contractor, the time oY such delay
and interruption shall be added to the time herein fixed for the comple-
tion of said work, but such delay shall not consti�ute a claim by the
contraetor against the City, the Bllayor, or City Council, or again�t
Sewer District No. 6-C for damages or loss of anticipated profits or any
�: other claim of whatever nature. The City Council shall also have the
right for good c�use shown, to extend the time beyond that herein !
specifically given for the completion of the work.
SECTION 17 . The City Engineer and the City Attorney are Y�reby
given authorit y to negotiate f or the purchase or acquisition of property
or an easement for the purpose of furnishing right-of-way necessary for
or an outlet for said sewer district, and the 1V�ayor of the City af Cape
Girardeau i5 hereby authorized to execute in behalf of the City oP Cape
Girardeau any contract necessa iy for the acquisition of said property or
easement for said right-of-way�outlet. The cost of said property or
easement f'or said right-of-way or outlet shall bT b Psrecialatax billsto
the cost of the entire work and shall be pazd fo y P
as hereinafter provided. Authority is also hereby given to the City
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�ttorney to institute condemnation suits on behalf of the City to
acc�uire any ne�essary right-of-way far said sewer district , includ-
ing said outlet, should it become necessary to aequire said right-of-
way or outlet bq condemnation.
SECTION 18. As soon as the work of �onst�tuctin� said storm water
sewerage system in Sewer District No. 6-+C, as herein. provided for, shall
�; have been completed under the contract let Por that purpose , the City
Engineer shall, without delay, make a written report to the City Council
of the eharaeter of the work and whether or not the same was performed
in compliance with the terms, conditions and requirements of the con-
traet therefor and of this ordinance, which report shall be filed with
the City Clerk and presented to the City Council f or it5 approval.
SECTION 19. Upon receiving said report of the City Engineer and
upon being satisfied �rom said report or other evidence that the con-
tract for the construction of said sewers in said District No. 6-C has
been in all things complied with, the City Council shall by resolution
declare its acceptance and approval of said work.
SECTSON 20. As soon as the work shall have been completed, accep�-
ed and approved by the City Council as aforesaid, th� City Engineer
shall compute the whole cost thereoP, including �he cast incident to
the acquisition of any right-of-way or outlet, engineering cost , in-
spection cost , legal expenses, printing cost , and incidentals, and
shall apportion and charge the same as a special tax against the lots
or tracts of land in Sewer Distri�t No. 6-C as hereinbefore described,
being the district in and f'or which said storm sewerage system shall
have been constructed, in the proportion that the respective areas of
said lots or tracts of land in said District No. 6-C bear to the area
of the whole District No. 6-C, exclusive of public highways, streets
and alleys. The City Engineer shal�. report said apportionment of :
cost to the City Council in writing,and said report shall include the
following: (1) The total cost of constructing said storm sewers in
Sewer District No. 6-C, as set out above; (2) The aggregate �rea of the
entire territory in said Sewer District No. 6-C , exclusive of public
highways, streets and alleys; (3) The correct description of each
separate lot or tract of land, including the num.ber of the lot, block
and range or sub-division or addition in which same is located, eharge-
able with the cost of constructing said sewers in said Sewer District
No. 6-C under the eontract , the name of the owner or owners of each
separate lot or tract of land insofar as the City Engineer is able to
ascertain same, the size of each l.ot or tract, the proportionate price
of the total cost , and the amount of the cost with which each separate
tract of land in said Sewer District No. 6-C is chargeable for the con-
struction of said sewers.
SECTION 21. The City Engineer shall give credit to the following
lots or tracts of land for sewers which are now in place and which
sewers are hereby adopted and made a part of said Sewer District No.
" 6-C, as follows:
�
- 6 - `
,...__. .. . �5
;
- ^aa�'� ., r � � �y... t� �'�� .� ��.. "�,�"�"� -.., t x P ���� �� 4 �'�5��s�,,.���.� 7,� a
� 7 ,�� " '^, t Yy-, .:� " &. i iI�
�at �+
��:��3 �� � �' w . � �::- * a �-� � � �„,�.� �sF¢ � � • �,
� W �. ,. ,.
�W� M�r�,�4� �.� � { � ��k k "�'s ~�� ' �w����y���'�� !� .
:..,.,.... _. -..., � �:. _-. . . :ccki�..}�FW- . � ....v . t � �' 3. ?Pw -�',�'.. �`�tt ., ... .. .
,. - _ . , ... ... . . �.�a, �r
�' • • .
. , . • .
0. H. Slagle Lot 13, B1ock 5, Sunset Terrace �26.40
G. B. Schulz Lot 12, Block 5, Sunset Terrace 2fi.40
H. George , Lot 11, Block 5, Sunset Terrace 26.40
F. W. Hobbs Lot 10, Block 5, Sunset Terrace 26.40
F. W. Phe�.ps Lot 9 , Block 5, Sunset Terrace 26.40
W. L. MeDonald Lot 1, Block 6, Sunset Terrace 28.34
E. F. Hagedorn Lot 2, B1ock 6, Sunset Terrace 26.40
Willis Shoults
. Sides Lot 3, Block 6, Sunset Terrace 26.40
Fred Springer T�ot 4, Block 6, Sunset Terrace 26.40
G1enn Lam.pley S 32t Lot l, & N 25.4' Lot 2, Block 4,
Sunset Terrace 23.06
� , E. G. Moore S 34.6 Lot 2, & N 22.8 Lot 3, Block 4,
Sunset Terrace 25.26
" Mark Statler 9 47 .3 Lot 4, & N 10.1 Lot 5, Block 4,
Sunset Terrace 25.26
J'. A. McGuire All of Lot 5, less N l0.lt , Block 4,
Su�set Terrace 25.26
Harry E. Poe S 37 .2' Lot 3, & N 20.2t Lot 4, Block 4,
Sunset Terrace 25.26
The owners of the above lots and tracts of land have heretof ore
paid �or the construction of a storm sewer benefitting their lot or
tract of land, said construction being necessary because of' the con-
stru�tion of curb and gutter on Sunset Boulevard from Bessie Street to
Lacy Street. Said sewer heretofore constructed and paid for by the
property owners is hereby made a part of Sewer District No. 6-C and the
� tax bills herein provided for to be issued again�t the above lots or
tracts of land shall be reduced in the amount above set out , said lots
and traets of land being given eredit in such amount.
Section 22. The City Engineer shall , as soon as said report of
the apportionment of cost shall have been completed, make out and cer-
tify in favor of the contractor or contrac�ors to be paid for 5aid work
five (5� special tax bills each for one-fifth (1/5� of the am.ount of
the special t ax against each lot or tract of land in said District No.
6-C as hereinbefore described which tax bills shall be payable res-
pectively on or before one (l� , two ( 2} , three 43) , four (4) , and five
( 5) years after the date of their issue , with interest from sueh date
at the rate of ten percent (10�� per annum until paid. Each of said
tax bills shall provide that if any one tax bill shall not be paid
when due, then all of the remaining tax bills shall at once become due
and payable. In making out and certifying said tag bill.s, the City
Engineer shal.l give credit to the lots and tracts of land as provided
f or in the preaeding section.
SECTION 23. Said special tag bills shall be c�rtified by the City
', Engineer and shall be attested by the City Clerk of said City, and when
said special tax bills are issued and del.ivered to the contractor in
accordance with the statutes of the State of Missouri and with this or-
dinance , they shall be payment in full of the cost oP constructing said
sewers, provided, however, that the total amount of said special tax sa
apportioned, charged and levied against said lots or tracts of land in
said Sewer District No. 6-C shall not exceed the Engineerts estimate
of the cost of construeting said sewers.
SECTION 24. Al1 special taz bills so issued as aforesaid shall be
liens against the several lots ar tracts of land described therein in
accordance with the statutes of Missouri and the ordinances of this
- 7 -
,*�y T*#� ,�J��T'Y'_sy y y ,�� : �£2 y' Y i � ?��. #�A I' Y �'A 't_f R 2 ���. � .� '
n $ � �, �k �^+�
rRy �, �fei ut'�gx�'�^L r�„x �4��� �"�?. ��? ��'_ ��w,�,��r �ck�����c�� �, i����a��`.S� �c. � �,q7 4a��"�� "� ' ..
,�7.�5, �.Ms.�.g��^f x` ',"� .� . . �.�4 -�.va�-�4 '�' r�d�s3�'� t r,..�� fi.:..s5 �f+i� �7 ��'�'�c' S.7i: �
�:,�'� 'w_. � 'r,,�r x ,,#' a:y :i,��i �c�.4'k,� ":v' ��.. 4 �a^: n y':� '°` �?'°..n. �€xw ;� x '"�G y'wt.. 'v^ '�re�,`.c'�:
����'�0'�� � ''�� ��;��"�'��.° � ��� �°����: i � '+� ��. : �. 4 t, S ,��.. °s}�� ._,� „o�`; w:�� .�ar*� ...
C nC �t"" �e.�i t�� �. .� .� � -� .,�✓��,� � �'' d�,�+� .�
3' � � � `� � � -,t w�d E�"� °t w 'd� :�'�"�` ; °��1+Wc�.,-,�; �,`.� � +r '�. R��g
���' z r 3'� ,� tS A �^ ;� '�'��.. ,�, :� " �� W^ '�� � x s,�� �„y �?'��' � <r � - � �t', st � ti,y ,� Y ��.
��,:. ��:� , .�c y'�",. .:�� rrc q� as.b�.. 1 yy r F .'. 3' y .r .. ��� �
ID �� .. 'Kv � z N. � � J � �� �� a� Mi F"�'
. �� •`�`..�i��'�sn't'a�41fr'•��' �rm.�.v�:�.}_,r� ,.,,^�4.�` � , :-��.` �,`zv,' .a.`'�S`� � E:`r.,s :v� ..��,'dt'� '��� ,Cs, ..� � �.�'... 'k.�,.. ��....,..�'`,�,�x� ,_ad.�'
city, and they shall so expressly state on their face, and each such
certified tax bill, in any suit thereon, shall, as is provided for by
the statutes of Missouri , be prima facie evidence of the validity of
the tax bill and of the doing of the work. and of the furnishing of the
material charged for and of the liability of the land to the charge
stated in the bill, and said special tax bill shall be prima facie �vi-
a dence of �he regul��tity o� the proceedings by which such sewers were
eonstructed in said Sewer Distriet No. 6-C, and such special tax bills, ,
delivered to the contractor as aPoresaid, shall be assignable or
collectible by the holder thereof, and may be sued on and the lien
thereof foreclosed in accordance with �he statutes of the State of
Missouri governin� the proceedings under which such special tax bills
were issued.
SECTION 25. The City of Cape Girardeau shall in no event nor in
any manner whatever be liable for or on account of the cost of the
work done in const�ucting said sewers, nor shall said Cit y be liable
for the costs that may accrue in any action thereafter brought on aceount
of any special tax bill by the owner or holder thereof. When said
special tax bills are issued, the City Engineer shall cause said tax
bills to be registered in a book to be provided for that purpose and
deliver the same to the City Clerk of said City. The registration of
such tag bills shall contain the neeessary data to compl with the l.aw-
ful registration thereof, and include the f ollowing: (1� The date of
each tax bill; (2) The name of the property owner against whom same is
issued; (3) The name of the person or firm in whose favor the tax bill
is issued; (4) The amount of the tax bill; (5) The purpose for whieh
said tax bill is issued; and (6) A referenee to this ordinance by num-
�'� ber, and any other information as may be necessary.
SECTION 26. The amount of any such tax bill issued in payment for
said sewers and the ac�rued interest thereon may be paid to the City
Clerk and collected for the owner or holder thereof at any time , and
the City Clerk and Collector shall then, or upon presentation to him
of any such tax bill receipted as paid, note the payment on the register
thereof, and s�tch entry shall be evidence of the payment of the tax bill
as therein stated.
SECTION 27 . Every special tax bill issued under the provisions of
this ordinance and the lien thereof shall be assignable , and when any
such tax bill shall be assigned, the assignment thereof' shall be noted
on said special tax bill and the assignee shall thereupon eghibit same
to the City Clerk and Collec�or who shall thereupon, on the margin of
such special tax bill book, make a note of such assignment .
SECTION 28. When any owner of property against which such special
tax bills shall be issued shall pay the holder of the tax bill. the amount
thereof, the holder shall indorse on the back of the bill a receipt of
the amount paid and deliver the same so indorsed to the party making
such payment together with a certificate beene�aid andttheCownerlork and
Collector stating that such tax bill has P
owners of the property described in said tax bill are entitled to satis-
faction thereof on the registe�of the special tax bills , as herein pro-
vided, and the City Clerk and Collector upon receipt of such certif icate
shall file the same and enter such payment and also certify on the back
of such tax bill that such satisfaction has been entered.
�k� �,5,y''�.�Y t�,�,�`-'�v��• . �' �.^'�"`F '�s: '� �,`r�5C.1:. 1.. a r' f.� :�t4a+�n� ',�T 'h�y.,�.h_A s�, °�::�r�
. ,�
� �r . �� . C . �:: 4 , k M�.� .�4 9
`i�'S'�� 5' � - � y ��� -•v,�=, +. � �n�, f
,.. . .�! .� "�.; r.�,S.�,t _ ' .,«'1ssa��. �.� . ..�te' ..� . `:' , y. .. . •u.�;t ,�aa'r`F �:r�r�i.fit-F _
� 8 �
,� ���<�"�� ` R� � �aa"��e z� s"y��f�����s. ,�,�y��,�"�f�,���� ,�. �i �r�s
2�i �e��. �`'.�k,�"i'tc�,�+ ,�'s�`�? .�, x� '�`.. .".� ,r.�r., � „� �
� ; , '
^�-� w-. . .... ,..
.--.. ; +n .,.�.�ee. .. �!t��, v.., ,,..s,a"��. .'�.��a'� .-. �. . ..� ��"'�9' '+.�d�..;� ,d .��-�+�4^.�.,�„t& �k�?� �a��n� �'�:. . ..
SECTION 29. In any contract awarded for the construction of
sewers herein provided for, the contractor shall agree to accept
the special tax bills provided for herein in full payment for the
work of coa�struction, and said tax bills shall be delivered to him
after payment by hi.m. of the cost of engineering and inspection and
al.l other costs incident to the construction of said sewer system,
; and said tax bills shall aggregate in amount the total amount of his
contract as may be computed, apportioned, and char�ed as aforesaid
by the City Engineer.
SECTION 30. Al1 ordinances or parts of ordinances in conflict
herewith are hereby cancelled.
SECTION 31. This ordinance shall be in force and shall take
effect from and after ' / o �� afi.""`" ..�'G' � �
�-_.
Passed and approved this / � day of , 1940 .
_ .
Mayor
ATTEST
City Cle
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