HomeMy WebLinkAboutOrd.4570.05-05-2014BILL NO. 14-59 ORDINANCE NO. y,51D
AN ORDINANCE AUTHORIZING THE ACQUISITION OF
RIGHT-OF-WAY, FOR PUBLIC ACCESS AND IMPROVEMENTS
WEST OF O'CONNELL DRIVE, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Staff is authorized and directed
to acquire the necessary Right -of -Way to provide public
access and improvements west of O'Connell Drive from the
record title owners of or other parties interested in the
real estate, in the City of Cape Girardeau, Missouri. The
City staff is hereby authorized and directed to accept
offers of donation of property needed, make appropriate
offers of purchase to the owners of the properties based on
values provided by professional appraisers; to negotiate
with the owners of the property in an effort to reach
agreement for the purchase of the property needed and if
the negotiations fail, then to proceed to acquire the
needed properties through the exercise of the City's powers
of Eminent Domain. All of the above actions heretofore
taken by City Staff relating to this Project are hereby
authorized and ratified by the City Council.
ARTICLE 2. The property to be acquired is hereby
described as follows:
RIGHT-OF-WAY
THAT PART OF LOT 11 OF O'CONNELL GARDENS
SUBDIVISON IN THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS SHOWN BY PLAT FILED IN PLAT BOOK 6
AT PAGE 49, IN THE LAND RECORDS OF CAPE GIRARDEAU
COUNTY, MISSOURI, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT AN IRON ROD MARKING THE SOUTHWEST
CORNER OF SAID LOT 11; THENCE NORTH 36030110"
EAST ALONG THE WEST LINE OF SAID LOT 11, 106.16
FEET TO AN IRON ROD MARKING THE NORTHWEST CORNER
OF A TRACT CONVEYED BY DEED AS DOCUMENT #2011-
12811, FOR THE POINT OF BEGINNING.
THENCE FROM THE POINT OF BEGINNING, CONTINUE
NORTH 36°30' 10" EAST ALONG SAID WEST LINE, 20.00
FEET TO THE SOUTHWEST CORNER OF A TRACT CONVEYED
BY DEED RECORDED AS DOCUMENT #2008-04074; THENCE
LEAVING SAID WEST LINE, SOUTH 53032'58" EAST
ALONG THE SOUTH LINE OF SAID TRACT, 99.99 FEET TO
THE SOUTHEAST CORNER OF SAID TRACT, ALSO BEING A
POINT ON THE EAST LINE OF SAID LOT 11; THENCE
SOUTH 36030'04" WEST ALONG SAID EAST LINE, 20.00
FEET TO AN IRON ROD MARKING THE NORTHEAST CORNER
OF SAID TRACT CONVEYED BY DEED RECORDED AS
DOCUMENT #2011-12811; THENCE NORTH 53°32'58" WEST
ALONG THE NORTH LINE OF SAID TRACT, 100.00 FEET
TO THE POINT OF BEGINNING, AND CONTAINING 0.05
ACRES, MORE OR LESS (2,000 SQUARE FEET).
ARTICLE 3. The Council of the City of Cape Girardeau,
Missouri hereby finds and declares that the acquisition of
the above-described properties is for a public use and that
such acquisition is within the scope of the authority or
power of the City of Cape Girardeau, Missouri, and that the
acquisition of the properties is reasonable and necessary
for public use in order to provide public access and
improvements west of O'Connell Drive, in the City of Cape
Girardeau, Missouri.
ARTICLE 4. The City of Cape Girardeau, Missouri is
hereby authorized and directed to do all acts as may be
necessary to obtain said easements or rights-of-way.
ARTICLE 5. Safety Training Requirements.
a. The Project approved by this Ordinance is
subject to the requirements of Section 292.675, RSMo, which
requires all contractors or subcontractors doing work on
the Project to provide, and require its on-site employees
to complete, a ten (10) hour course in construction safety
and health approved by the Occupational Safety and Health
Administration ("OSHA") or a similar program approved by
the Missouri Department of Labor and Industrial Relations
which is at least as stringent as an approved OSHA program.
The training must be completed within sixty (60) days of
the date work on the Project commences. On-site employees
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found on the worksite without documentation of the required
training shall have twenty (20) days to produce such
documentation.
b. The request for bids for this Project shall
specify the requirements of Section 292.675, RSMo.
c. The contract awarded for this Project shall specify
the requirements of Section 292.675, RSMo, and shall
include a notice of the penalties for a contractor's
failure to comply with that statute.
ARTICLE 6. If any section, subsection, sentence,
clause, phrase or portion of this ordinance is, for any
reason, held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding
shall not affect the validity of the remaining portions
hereof.
ARTILCE 7. This ordinance shall be in full force and
effect ten days after its passage and approval.
PASSED AND APPROVED THIS 5HIDAY OF _N" , 2014.
ATTEST:
Gayle6L- Conrad
City Clerk
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Harry E. Rediger, Mayor
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