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HomeMy WebLinkAboutCommForm.1193.05-02-1949i COMMSSION ifORM ORDINANCE NO. 1113 AN OiWINANuE. ADOPTING PLANS AND SPEuIii'ICATIONS FOR THE CONSTRUUTION OF A SYSTEM OF TRUNK SEWSRS TO BE USED IN THE DISPOSAL OF SANITARY SEWAGE IN THE TERRITORY DEFINED AS SEaIER DISTRICT NO. 7-B, A SUBDIVISION OF SEWER DISTRICT NO. 7, IN THE CITY OF CAPE GIRARDEAU, PARTICULARLY DE'sURIBLD IN COI FISSION 101M ORL)INANCE N0. 3 , Or' '.L,yHE CITY Or' C E GIR.ARDE;A.UXISSOtURI, PA,S.o�+;D AND APPnOVED ON THE�1kt DAY Off M'4Y , 1948, SAID PLANS AND 5PE1;Ir`ICATIONS HAVING BEEN PREVIOUSLY -PREPARED BY JOHN R. WALT"H, uI1'Y ENGINEER, PREVIOUSLY SU T` ED TO COUNCIL, ADOPT -LNG TEE ESTI PE.OF SAID ENGINEER F'OR THE COST OF CONS'fRUUTING TRUNK ShWisrS IN SAID SEAWIKk DISTRICT NO. 7-B, AND ORDERING THE CONS'" RUCTION OF SAID, aYSTt,`Y 013 TRUNK SEfiERS IN SAID DISTRICT IN AuuORDANCE WITH SAID PLANS, SPECITICA`I'IONS AND ESTIMATE OF uOST, AUI'HORIGING THE CITY ENGINEER AND CITY ATTORNEY TO NEGOTIATE FOR RIGHT.' -OF -WAY AND OVER VARIOUS TRACTS AND PA uELS OF LAND NECESSARY 'a'OR TETE t ONSTRUCTION OF SAID SEWER SY.S1E11, AND AUTHohILING 'iHE INSTITUTION OE GOND NATION SUITS IF NECESSARY TO ACQVIRN THE t;ECESSAR"Y RIGHT-OF-WAY AND GROUND ADJOINING SAID RIGHT-OF=WAY aOh 4ORKING ROOM, PROVIDING FOR LETTING THE CONI'RACT 1'QR TU WORK. OF CONSTRUCTION OF SAID SYSTEM OF TRUNK SEWERS, DIRECTING THAT SAID SEWERS BE PAID rOR BY 'a'HE ISSUANu.n OF SPECIAL TAA- BILLS TO BE APPORTIONED AND CBARG-,D AGAINST THE LOTS AND lRAc.TS Of LAND 31MBRACED V ITHIN SAID SYSTEM. O.e `I'RtJNh 6,6- Rib IN SAID SEWER DISTRICT tu.0. -. 7-B, AS DESCRIBED IN SAID PLANS AND_LPECI�bICA'PIONS, EXCLUSIVE` OF PUBLIC HIGHWAYS, SIRE.-' S, ALLEYS AND PUBLIC PROPERTY EAu2,2T AS PROVIDED IN SAID PLANS AND SPEIFICATIONS, AND DIFUrCTING '-.vHA.l' SAID TAA BILLS BE ISS TED ACCORDING TO LAW AND CONTAINING AN y RGENGY CLAUSE. WataEAS, the said Council having been heretofore duly authorized by the vote of the people of the City at an election held for that purpose, passed and ,approved C ssion .Form Ordinance No, P117-30 , on the � t day of lvla& , 1948, by the terms of which ordinance the territory evfbraeed within the City of Cape Girardeau was subdivided into thirteen sewer districts, namely Sewer Districts Aos. 11 2, 3, 4, 5, 6, 7, B., 9, 10, 11, 12 and 13, inclusive, and 'WhERSAS, the Council deems and declares it -necessary that a system of trunk sewers be constructed in Sewer District No. 7-B, a subdivision of Sewer District "o. 7, 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 t3 prepare detailed plans, specifications and estimate of cost for the construction of said. trunk sewers in said Sewer District No. 7-B, and said plans, specifications and estimate of cost have been by_said..�,ngineer_prepared and submitted to the Council for approval,'NOW TPBE ORE, BE IT ORDAINED BY THE CITY COUNCIL OF ` H- E CI`TY Or CAPE GIRAR EAU, MISSOURI, AS FOLLOWS: COMMSSION ifORM ORDINANCE NO. 1113 AN OiWINANuE. ADOPTING PLANS AND SPEuIii'ICATIONS FOR THE CONSTRUUTION OF A SYSTEM OF TRUNK SEWSRS TO BE USED IN THE DISPOSAL OF SANITARY SEWAGE IN THE TERRITORY DEFINED AS SEaIER DISTRICT NO. 7-B, A SUBDIVISION OF SEWER DISTRICT NO. 7, IN THE CITY OF CAPE GIRARDEAU, PARTICULARLY DE'sURIBLD IN COI FISSION 101M ORL)INANCE N0. 3 , Or' '.L,yHE CITY Or' C E GIR.ARDE;A.UXISSOtURI, PA,S.o�+;D AND APPnOVED ON THE�1kt DAY Off M'4Y , 1948, SAID PLANS AND 5PE1;Ir`ICATIONS HAVING BEEN PREVIOUSLY -PREPARED BY JOHN R. WALT"H, uI1'Y ENGINEER, PREVIOUSLY SU T` ED TO COUNCIL, ADOPT -LNG TEE ESTI PE.OF SAID ENGINEER F'OR THE COST OF CONS'fRUUTING TRUNK ShWisrS IN SAID SEAWIKk DISTRICT NO. 7-B, AND ORDERING THE CONS'" RUCTION OF SAID, aYSTt,`Y 013 TRUNK SEfiERS IN SAID DISTRICT IN AuuORDANCE WITH SAID PLANS, SPECITICA`I'IONS AND ESTIMATE OF uOST, AUI'HORIGING THE CITY ENGINEER AND CITY ATTORNEY TO NEGOTIATE FOR RIGHT.' -OF -WAY AND OVER VARIOUS TRACTS AND PA uELS OF LAND NECESSARY 'a'OR TETE t ONSTRUCTION OF SAID SEWER SY.S1E11, AND AUTHohILING 'iHE INSTITUTION OE GOND NATION SUITS IF NECESSARY TO ACQVIRN THE t;ECESSAR"Y RIGHT-OF-WAY AND GROUND ADJOINING SAID RIGHT-OF=WAY aOh 4ORKING ROOM, PROVIDING FOR LETTING THE CONI'RACT 1'QR TU WORK. OF CONSTRUCTION OF SAID SYSTEM OF TRUNK SEWERS, DIRECTING THAT SAID SEWERS BE PAID rOR BY 'a'HE ISSUANu.n OF SPECIAL TAA- BILLS TO BE APPORTIONED AND CBARG-,D AGAINST THE LOTS AND lRAc.TS Of LAND 31MBRACED V ITHIN SAID SYSTEM. O.e `I'RtJNh 6,6- Rib IN SAID SEWER DISTRICT tu.0. -. 7-B, AS DESCRIBED IN SAID PLANS AND_LPECI�bICA'PIONS, EXCLUSIVE` OF PUBLIC HIGHWAYS, SIRE.-' S, ALLEYS AND PUBLIC PROPERTY EAu2,2T AS PROVIDED IN SAID PLANS AND SPEIFICATIONS, AND DIFUrCTING '-.vHA.l' SAID TAA BILLS BE ISS TED ACCORDING TO LAW AND CONTAINING AN y RGENGY CLAUSE. WataEAS, the said Council having been heretofore duly authorized by the vote of the people of the City at an election held for that purpose, passed and ,approved C ssion .Form Ordinance No, P117-30 , on the � t day of lvla& , 1948, by the terms of which ordinance the territory evfbraeed within the City of Cape Girardeau was subdivided into thirteen sewer districts, namely Sewer Districts Aos. 11 2, 3, 4, 5, 6, 7, B., 9, 10, 11, 12 and 13, inclusive, and 'WhERSAS, the Council deems and declares it -necessary that a system of trunk sewers be constructed in Sewer District No. 7-B, a subdivision of Sewer District "o. 7, 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 t3 prepare detailed plans, specifications and estimate of cost for the construction of said. trunk sewers in said Sewer District No. 7-B, and said plans, specifications and estimate of cost have been by_said..�,ngineer_prepared and submitted to the Council for approval,'NOW TPBE ORE, BE IT ORDAINED BY THE CITY COUNCIL OF ` H- E CI`TY Or CAPE GIRAR EAU, MISSOURI, AS FOLLOWS: SEUTION 1. The Council hereby deems and declares that a public necessity exists for the construction and maintenance of a system of trunk sewers in Sewer District :7-B, a subdivision of Sewer District No. 7, as defined by Commission Form Ordinance No. 1163 , passed and approved on the ;61 day of 1948, and it hereby further declares that all of the land embraced within the territory lying within said Sewer District No. 7-B, as described in the plans, specifications and estimate of cost prepared by the City -Engineer and previously submitted to the Council will, exclusive of public highways, streets and alleys not designated by said plans, specifications and estimate of cost as benefited thereby, be benefited by the construction of such sewers as hereinafter provided for in Sewer District No. 7-B. SEUTION 2. Said plans, specifications and estimate of cost for the construction of said system of trunk sewers in said Sewer District No. 7-B, above described, and previously submitted to the Council, are hereby approved and adopted by the Council as the plans, specifications and estimate of cast for the construction of said system of trunk sewers in said Sewer District No. 7®B, 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 said system of trunk sewers in said Sewer District No. 7-B above referred to, is hereby approved and adopted by the Council as the estimate of cost for the construction of said system of trunk sewers in said Sewer District No. 7-B, and it is hereby ordered by the Council that the total cost of construction of said sewer system shall not exceed the amount of said estimate of said engineer and no contract herein authorized shall be let for the construction of said sewer which calls for the,expenditure of money and the issuance of special tax bilis 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 pians, specifications and estimate of cost, together with the profile and form.of contract for said work made by said engineer and ordered filed this day, are hereby made a part of this ordinance and shall be in effect and have the same force as if embodied herein for the purpose of identification of the same in the form in which they now exist, the City Clerk of said City is hereby directed to place her file marks over the official signature on this date of presentation and first reading of this ordinance on said plans, specifications and estimate of cost, and on said profile and on said farm of contract. SECTION .5. It is hereby ordered and directed that a system of trunk sewers for the removal of sanitary sewage only, including manholes and all other necessary appurtenances be established, con- structed and maintained in, said Sewer District No. 7-B, 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, estimate and profile for said system of outlet sewers made by said City Engineer and heretofore referred to and made a part of this Ordinance. -2- SEC'T'ION 6. The said plans, specifications, estimate of cost, profile and forms of contract for said system of trunk sewers in said Sewer District No. 7-B shall be safely kept and preserved for future reference and the same shall be deemed, held and considered for the basis of the sewers which are by this ordinance ordered constructed for Sewer District No. 7®B, 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 accordance with said plans, specifications, estimate of cost, and profile and all bids, contracts and calc=ulations for the estimate of construction of said sewers shall be based upon said plans, specifications, estimate and profile, subject to the provisions of this ordinance. SECTION 7. The construction of the sewer herein provided for, including all parts and appurtenances covered by said plans, specifications, estimate of cost, profile and form of contract for said work, shall be done under a contract privately let in harmony with the provisions of Sections 7018 and 7035, Revised Statutes of Missouri for 1939, including particularly Section 7032 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 persons, firms, or corporations desiring to bid on such con- struction. Prospective bidders desiring to examine said plans, specifications, estimate of cost, profile and farm 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 re- turned if a bona fide bid is submitted. Each proposal shall be addressed to the Mayor and City Council of Cape Girardeau, Mis- souri, in care of the City Clerk of Cape Girardeau, Missouri, and marked "Proposal for Trunk Sewers in Sewer District No. 7-B." SE,CTIOiv 8. Each proposal shall have enclosed with it a certified check on a bank satisfactory to the City Council in the amount of Five Hundred Dollars 0500.00), said check to be made.payable to the order of the.City Clerk, Verna L. Landis, 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 the proper legal contract and bond as required by law, and otherwise perform the obligations of said bid, whereupon said cheek shall be returned to said bidder. SECTION 3.,�/ The City Coit will meet in open session at un 2.30 P. M. on �AUA 'I. /� /G/ �5-0 and proposals of bidders will be considtreqiat that iteeting and at any subsequent meeting held by the Council for that purpose. Any bidder may be present at any such meeting and explain his bid in person. At such meeting as the Council may deem proper, the matter of awarding and making a contract for the construction of said system of trunk sewers in said District No. 7-B, may be acted upon by the Council and the final action taken by the Council will be according to its best judgement and discretion after full consideration. No bidder will be considered by the Council unless the bidder expressly stipulates in his proposal that he will accept special tax bills - 3 - issued in accordance with the law and orders of the City in full payment for the work under the contract provided for herein. The City of Cape Girardeau reserves the right to reject any and all bids for the construction of the system of trunk sewers herein provided for. SECTION 10. All bids for the construction of said trunk sewers shall be considered and held as subject to the provisions and requirements of this ordinance which shall be deemed and taken to be apart 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 casts 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 completion thereof, and shall indemnify the City of Cape Girardeau against any and all losses by reason of the violation of this or any 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 contractors to furnish said materials and to complete the work of constructing said sewers in the manner and within the time provided for in this ordinance and said contract shall provide that said work shall be done in accordance with the plans, 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 f=urther condi- tioned that said contractor will fully guarantee and indemnify,the City Council, the City and said District No. 7-B against any and all damage or loss which might in any -wise result from the connection of the City with said Contractor by reason of said contract, or by reason of his failure to Bully and faithfully carry out the provisions of said contract, or by the negligence of said Contractor- or any sub- contractor, employee, servant or agent of either. Said 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 of said system of trunk sewers in said Sewer District No. 7-B 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 trunk sewers and the actual construction thereof shall be begun within one week after written notice to begin shall have 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 of said work of constructing said system of - 4 - outlet sewers on or before the day of , 194_s Should the work, however, be delayed or interrupted by the City Council or officers of the City of Cape Girardeau, by acts of God,or by any other cause entirely beyond the control of the Contractor, the time and such delay and interruption shall be added to the time herein fixed for the completion of said work, but such delay shall not constitute a claim by the Contractor against the City or City Council, or against said Sewer District No. 7-B for damages or for loss of anticipated profits, or any other claim whatever. The Council shall also have the right, for good cause shown, to extend the time beyond that herein specifically given for the completion of the work. SECTION 13-A The City Council finds that a right-of-way easement for said sewer system must be acquired over and across the following described property, 1. Part of Block 4, McLauren Heights, being a strip of land 20 feet wide, lying 10 feet on either side of the following described center line: Begin at a point on the east line of Block 4, ReLauren Heights, from which point the northeast corner of said Block 4, bears N. 7' 20' E., 90 feet; thence N. 46' W., a distance of 148.4 feet.to a point on the north line of said Block 4, said point being 119 feet west of the northeast corner of Block 4, and there terminating. 2. Part of Lot 21 Block 3, Brucher Heights, being a strip of land 20 feet wide, lying 10 feet on either side of the following described center line, Begin at a point on the south line of said Let 2, N. 83' 201 W, and 119 feet from the southeast corner of Lot 2; thence N. 46' W., 99 feet, more or less, to a point on the south line of Wayne Street, 24 feet east of the west line of Lot 2, and there terminating. 3. Part of Outlot 72, in U. S. P. Survey No. 2199, being a strip of land 20 feet wide, lying 10 feet on either side of the following described center line: Begin at a point on the west line of Outlet 72, from which point the northeast corner of Block 4, XcLauren Hei-khts bears N. 7° 201 E., 90 feet; thence N. 76' E., 333.8 feet; thence N. 86' 301 E., 435.4 feet; thence N..47Q 051 E., 495 feet, more or less, to a point on the east li.ne.of the State College Property, same being the west line of the Theo. Ochs tract, and there terminating." Also, part of Outlet 72, in U. S. Private Survey No 21992 being a strip of land 20 feet wide, lying 10 feet on either side of the following described center line, Begin at a point on the east line of Outlot 72, from which point the southeast corner of Outlot 72, bears S. 6" 53' W , 2169.3 feet; thence N. 43' 30' W.,323.7 feet; thence N. 48' 30' W., 336.0 feet; thence S. 47' 051 otT., 36 feet, more or less, to a point on the east line of Sprigg Street, and there terminating. 4. Part of Outlet 72 in U. S. Private Survey No. 2199, being a strip of land 20 feet wide, lying 10 feet on either side of the following described center line: Commencing at the southeast corner of the Theo. Ochs tract, on the east line of Outlet 72, from which corner the southeast corner of Outlet 72 bears S. 6' 531 W., 1767.4 feet, thence N. 6' 53' E., along the east line of Outlot 72, 401.9 feet; thence N. 43' 301W, 323.7 feet; thence N..48' 301W., 336 feet; thence S. 47' 051 W., 76 feet, more or less, to a point on the west line of Sprigg Street, and the property line of the Theo. Ochs tract, for a point of beginning; thence S. 47' 051 W., 495 feet, more or less, to a point on the west line of the Theo. Ochs tract, and there terminating. 5. Part of Lot 4, Sloan's Subdivision of Outlots 69 and 71, in U. S. P. Survey No. 2199 being a strip of land 40 feet wide, lying 20 feet on either side of the following described center liner Begin at a point on the west line of Outlot 71, same being the west line of Lot 4, Sloan's Subdivision, from which point the southwest corner of Outlot 71 bears S. 6' 531 W., 2169.3 feet; thence S. 43° 30' S., 139.5 feet; thence S. 21' 381 E., 186.3 feet; thence S. 12' 421 E., 200 feet; thence S. 79' E., 124 feet; thence S. 42' 201 E., 144.2 feet; thence S..56' 301 E., 240 feet; thence S. 26' 55' B., 93.4 feet; thence S. 1' W., 254 feet; thence S. 24' 451 E., 80 feet, to a point on the north line of an easement for the construction of Sanitary Trunk Sewers in Joint Sewer District No. 7-A and 7-B, said point being on a line which is 130 feet north of and parallel to the north line of Blocks 2 and 3, Marble City heights, and there terminating. -5- The City Council further finds that it will be necessary to secure in addition to the above described property, adjoining ground on each side thereof for working room necessary during the construction of said sewers, but that the easement accuired for said working room will not be a right-of-way easement but shall only be for the duration of the construction period. The City Engineer and City Attorney are hereby given authority to negotiate for the purchase or acquisition of the above described property for said right-of-way easement, together with the easement for working room, and in the event the City Engineer and City Attorney are unable to secure said right-of-way easement and working room easements for a reasonable pri2ce, authority is hereby given to the City Attorney to institute condemnation suits in the name of and on behalf of the City of Cape Girardeau to acquire the necessary right-of-way easements and working room easements necessary for the construction of said sewer system. SECTION 14. Az soon as the work of constructing said system of trunk sewers in said Sewer District No. 7-3, as herein provided for, shall have been completed under the contract let for that purpose and accepted and approved as aforesaid, the City Engineer shall, without delay, make a written report to the City Council of the character of the work.and whether or not the same was performed 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 spall duly investigate the same and hear any evidence or reports submitted concerning the manner in which the contract herein provided for has been executed, and shales make inquiry into the whole matter herein considered, and upon being satisfied that the whole of said contract has been substantially complied with shall by resolutiaen, or otherwise, declare its acceptance and approval of said work. -5a- tiEUT10N 16. when the work has been completed, accepted and approved as herein provided, the City Engineer shall com- puted,the whole cost thereof, including the cast of right-of- way, and apportion and charge the same as special tax against the lots or tracts of land embraced by the plans, specifications and estimate of cost and profile for the construction of said system of trunk sewers in said Sewer District No. 7-B, the district in and for which the said sewer system shall have been constructed in the proportion which the respective areas of said lots or tracts of land bear to the areas of the whole district, exclusive of public highways, streets, alleys and public property, except that included within said district benefited by said plans, specifications, estimate of cast and profile therefor, and the City Engineer shall report such apportionment of cost to the said Council in writing, which said report shall include the fallowing: 1. The total cost of constructing said system of trunk sewers in Sewer District No. 7-B. 2. The aggregate area of the entire territory included in said system of trunk sewers in said Sewer District No. 7-B, exclusive of public highways, streets, alleys and public property as above mentioned. 3. The correct description -of each separate lot or tract of land including the lot, black, range, subdivision or addition in which the same is located chargeable with the cost of constructing said sewers in said Sewer District No. 7-B under this contract. a. 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 of constructing said sewers chargeable against each such lot or tract of land. $EuTICN 17. The City Engineer shall, as soon as said report of the apportionment 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 (1%5) of the amount of the special tag against each particular lot or tract of land in said Sewer District No. 7-B, as above described, which tax bills,sha:ll be payable respectively on or before one, 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 provide 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 .engineer and shall be attested by the City Clerk of said City under the seal of said City, and when said special tag bills are issued and delivered to the contractor in accordance with the law and this ordinance, they shall be accepted as payment in full of the cost of constructing said sewers as hereinabove described, provided, however, that the total amount of said special tax so apportioned, charged and. levied against said lots and tracts of land in said Sewer District No. 7-B 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 liens against the respective lots or tracts of land described therein in accordance with the law and ordinance of said City, and they shall so expressly state on their race 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 sewers were constructed in said Sewer District 7-B. Such special tax bills delivered to the contractor, as aforesaid, shall be assignable or collectible by the holder thereof and may be sued on and the lien thereof foreclosed in accordance with the statutes of the State of Missouri covering the proceedings under which such special tax bills were issued. SECTION 20. The City of Cape Girardeau shall in no event, nor in any spanner whatever, be liable for or on account of the work done in constructing said sewer, nor shall said city be liable for any cost that may be accrued in any action thereafter brought on account of any special tax bills by the owner or holders thereof'. SECTION 21. When said special tax bills are issued as herein provided, the City Engineer of said City shall, in accordance 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 City Clerk and Colleetor of the City. The registration as 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 bill. 2. The name of the property owner against wham 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 bill is issued. 6. A reference to this ordinance by number. Y. At least an abbreviated description of the property described in such tax bill. 8. Such other information as may be deemed desirable or necessary. SECTION 22. The amount of any such tax bill issued in payment for said sewers and the accrued interest thereon may be paid to City Clerk and Collector for the owner or holder thereof at any whereupon the City Clerk and Collector shall, upon presentation her of any receipted tag bills, note the payment on the register thereof, and such entry shall be evidence of the payment of the bill as therein stated. the time, to tag SECTION 23. Every such special tag 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 special tax bills, and the assignee shall exhibit the same to the City Clerk and Collector, who, shall, there- upon, upon the margin of such special tag bill, make an appropriate note of such assianQ-4ent_ S CTION 24. When any owner of property against which such special tax bill shall be issued, shall pay to the owner of the tag bill, the amount thereof, such owner 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 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 abstract of special tax bills herein above provided for, and the City Clerk and Collector on the receipt of 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 awarded for the construction of sewers herein provided for, the contractor shall agree to accept special tax bills in payment for the work of construction as hereinabove provided, and said tax bills shall be delivered to him after payment by him of the cost of engineering and inspection, and all other cost 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 Engineer of that City. SECTION 26. All ordinance or parts of ordinances in conflict with the provisions hereof are hereby repealed. SECTION 27. The Council further rinds 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. 7®B, throught the lack of sanitary sewage facilities, and in order that the necessary sanitary sewage facilities as herein provided for may be constructed without delay and in order that the construction herein contemplated may move "forward rapidly with consequent benefit to all citizens of the City, the Council finds that an emergency exists within the Statutes of Missouri autharizine emergency legislation, and this ordinance shall therefore take effect and be in force from and after the date of the passage and approval. First read)(ing given this day of 194 9 a Second and third readings given this_ZQ day of : 191 and said ordinance finally passed and approved. ATTEST: City 61erk.