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HomeMy WebLinkAboutOrd.724.07-10-1989BILL NO. 89-116 ORDINANCE NO. AN ORDINANCE CREATING A SEWER DISTRICT AND ESTABLISHING THE BOUNDARIES OF SEWER DISTRICT NO. 14-2-A, ESTABLISHED FOR THE CONSTRUCTION OF A SYSTEM OF SANITARY TRUNK SEWERS TO BE USED IN THE DISPOSAL OF SANITARY SEWAGE IN THE TERRITORY DEFINED AS SEWER DISTRICT NO. 14-2-A, A SUBDIVISION OF SEWER DISTRICT NO. 13 IN THE CITY OF CAPE GIRARDEAU, MISSOURI, PARTICULARLY DESCRIBED IN COMMISSION. FORM ORDINANCE NO. 1942, OF THE CITY OF CAPE GIRARDEAU, MISSOURI, PASSED AND APPROVED ON THE 25TH DAY OF AUGUST, 1958, AND CITY MANAGER FORM ORDINANCE NO. 182, PASSED AND APPROVED ON THE 18TH DAY OF OCTOBER, 1967 WHEREAS, 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 Commission Form Ordinance No. 1942, on the 25th day of August, 1958, by the terms of which Ordinance the territory embraced within the City of Cape Girardeau, Missouri, was subdivided into thirteen sewer districts, namely Sewer Districts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13, inclusive, and Sewer Districts No. 14 and 15, as described in City Manager Form Ordinance No. 182, passed and approved on the 18th day of October, 1967; and WHEREAS, the Council pursuant to Sections 88.832 et seq., RSMo 1986, deems and declares it necessary that a sewer district, to be comprised of parts of existing Trunk Sewer District No. 13 and to be known as Trunk Sewer District No. 14-2-A, be created and that a system of sanitary trunk sewers be constructed in Trunk Sewer District No. 14-2-A, a subdivision of Trunk Sewer District No. 13, without delay, in order th'at the sanitary conditions existing in said territory may be improved; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: SECTION 1. The City Council of Cape Girardeau hereby deems, finds and declares that it is necessary to create and does hereby create Trunk Sewer District No. 14-2-A, a subdivision of Trunk Sewer District 13. SECTION 2. The Council hereby deems and declares that a public necessity exists for the construction and maintenance of a system of sanitary trunk sewers in Trunk Sewer District No. 14-2-A, a subdivision of Sewer District No. 13 and it hereby further declares that all the land embraced within the territory lying within said Trunk Sewer District No. 14-2-A, will be benefitted by the construction of such sewers as hereinafter provided for in Trunk Sewer District No. 14-2-A; and the Council further finds that the boundaries of said Trunk Sewer District No. 14-2-A shall be as follows: Part of Outlot 61 and Outlot 62 in U.S.P.S. 2199, Township 30 North, Range 13 East and Range 14 East in the City and County of Cape Girardeau, Missouri, more particularly described as follows: Begin at the Southwest corner of Outlot 61; thence North 71 12' East, 1726.85 feet along the West line of Outlot 61 to a point; thence North 780 29' East, 3493.19 feet; thence South 71 52' 48" West, 682.05 feet to a point on the North right-of-way of Missouri Route 74; thence South 70 52' 43" West, 329.71 feet to a point on the South right-of-way of Missouri Route 74; thence continuing South 70 52' 43" West 398.61 feet; thence South 60 22' 44" West, 359.19 feet; thence North 821 37' 04" West, 200.0 feet; thence South 60 22' 44" West, 1089.0 feet; thence -North_ 82° 37' 04" West, 3112.53 feet to the point of beginning. SECTION 3. 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. SECTION 4. It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. SECTION 5. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS �t DAY OF , 1989. Francis E. Rhodes, Mayor ATTEST: Ev lyn G. LeGran , City Clerk -2-