HomeMy WebLinkAboutCityMgrForm.755.02-21-1973CITY MANAGER FORM ORDINANCE N0.
AN ORDINANCE ADOPTING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF A
SYSTEM OF SANITARY LATERAL SERS TO BE USED IN THE DISPOSAL OF SANITARY SEWAGE
IN THE TERRITORY DEFINED 090,TER DISTRICT NO. 16 .,:7 % A SUBDIVISION OF SEWME
DISTRICT NO. 10 & 15 , 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, SAID
PLANS AND SPECIFICATIONS HAVING PREVIOUSLY BEEN PREPARED BY THE CITY ENGI_NEER,
PREVIOUSLY SUBMITTED TO THE R11110 ADOPTING THE ESTIMATE OF SAID ENGINEER FOR
THE COST OF CONSTRUCTING ` '"'-f `'. SEWERS IN SAID SEVER DISTRICT NO. 100115B AND
L_ Tn`n.
ORDERING CONST;UCTIOiT OF SAI SYSTEM OFS AI SEWERS IN SAID DISTRICT IN
ACCORDANCE -WITH SAID PL XS, SPECIFIC TIONSi�r„. � TIIIITE OF COST, AUTHORIZING THE
CITY ATTORNEY TO NEGOTIATE FOR RIGHT OF ELY AND EASEMENTS OVER VARIOUS TRACTS AND
PARCELS OF LAND NECESSARY FOR THE CONSTRUCTION OF S__ID SEWER SYSTEM, AND AUTHOR-
IZING THE INSTITUTION OF CONDEMNATION SUITS IF NECESSARY TO ACQUIRE THE NECESSAaRY
RIGHT OF WAY AND GROUND ADJOINING SAID RIGHT OF WAY FOR WORKING ROOM, PROVIDING
FOR LETTING THE CONTRACT FOR THE WORK OF CONSTRUCTION OF SAID SYSTEM OFS_VITARY LATE?& ;
SEWERS, DIRECTING THAT SAID SEWERS BE PAID FOR BY THE ISSUANCE OF SPECIAL TAX BILLS
TO BE APPORTIONED AAD CHARGED AGAINST,joT LOTS AND TRACTS OF LAND EMBRACED WITHIN
SKID SYSTEM OF S° -i`£ TASEWERS IN SAID SEWER DISTRICT NO. 1008:153 , AS DESCRIBED
IVRRAIN SAID PLANS AND�SPECIFICATIONS, EXCLUSIVE OF PUBLIC HIGHWAYS, STREETS, ALLEYS
AND PUBLIC PROPERTY EXCEPT AS PROVIDED IN SAID PLANS AND SPECIFICATIONS, AND
DIRECTING THAT SLID TAX BILLS BE ISSUED ACCORDING TO LAW AND CONTAINING AN
EMERGENCY CLAUSE.
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
No, 1, 2, 3, 4, 5, 61 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 deems) declares it necessary that a system of sanitary
in e
lateral sewers be constructed wer District No, lOC& 5Ba subdivision of Sewer
District No, lO & 15, 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 to prepare
peta led plans, specificajons and estimate of cost for the construction of said
ani sewers in saidJOr District No, 10015B, and said plans, specifications
La. �e aj
and estimate of cost have been by said Engineer prepared and submitted to the
Council for approval, NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI,
AS FOLLOWS;
SECTION 1. The Council hereby deems and declares that a public necessity
exists f0- -tortthe construction and maintenance of a system of sanitary lateral
sewers inewer District No. 1000315B, a subdivision of Sewer District No. 1:0 & 15
as defined in Commission Form Ordinance No. 1942, 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, and it hereby further, declares that all of the
land embraced within the territory lying within saa'o'aWer District No, lOC&5B 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 high-
ways, streets and alleys not designated by said plans, specifications and estimate
of cost as benefitted Cher b�� be benefitted by the construction of such sewers as
hereinafter provided for u.n0 ewer�istrict No. ICC &15B.
That the boundaries of sail' ver District No. 10B shall be as follows:
Began at the northeast corner of Lot 10 Block B, St. Vincent's Park, in the
center of Timon Wa4i,3 thence north, perpendicular to the center of Timon Nay, 200
feet to the north boundary line of Sewer District No. 10; same being the south line
of Sever District ido. 15; thence in a northeasterly direction along the said north
lime of Sewer District in. 10, to the center line of DePaul Lane; thence north along
the center line of DePaul lane to its intersection on *, ith a line drawn n par allel to and
200 feet north of the center line of Country Club Drive, extended west; thence, bast
along said line, drawn parallel and 200 feet north of the center line of Country Club
Drive to its 'intersection with the west line of a tract of land in lot U, dock. D,
Country Club Place, as same is described in a deed recorded in Book 23L at Page 102,
in the land records of Cape Girardeau Courty, & ssouri, at a poirt
200 feeu Hort:.
of the extreme south corner of said tract; thence in a northeast direction to the
northeast corner of Lot 11, Block D, Country Club Place; thence in an easterly
direction along the north line of tracts described in deeds recorded in Book 73
at e and in Book 85 at Page S PLP, � g 503 in the Iand records of Case Girardeau
County, .Mlssoubi, t0 the west line of Cape Rock Drive: thence south along the west
line of nape Rock Drive to its intersection with the 1925 north Corporate �iZ is
of Gape Girardeau, ldssouri, sane being the north boundary line of Sewer District
No. !D: thence west with said Corporate Limits to the center of Country Club Drive,
sane being the east line of Lot 5, Block J, Cape Back hills; thence south along
the east line of said Lot 5 to the center line of Cape Book Road; thence west along
the center 1i.ne of Gape Kock Road to the northeast corner of Lot 3, Block S, Cape
Rock - Us; thence south along the east line of Lot 3, 200 feet; thence in a south-
Roesteriy direction, parallel to and 200 feet south of the center line of Cape Pock
Road, measured normal thereto, to a point in Lot 3, Block F. Cape Rock Hills, at
which point it intersects the extreme east boundary line of joint Sewer- District
'No. 3-2 and 10-i, e_-zte ded south; thence north and west along the said boundary
line of Joint Sewer District No. 8-F and 10-A, to the center line of 171incent
I ver thence north and east along the center lire of Vincent avenue arid- Timor
Way to the point of beginning, excepting therefrom the following described land,
in which description the Book and. Page numbers refer to the nook and Page numbers
as found in the land records of Cape Girardeau Cownti, 2`^ssouri, being part of
Lot 2, Block. 3, St. Vincent's Park, described as follows:
Begin at a point on the west line of Lot 21 200 feet south of the center of
Timon :day, measured normal thereto; thence east parallel to Timon Way to the east
line of Lot 2; thence south along the said east line to a point 2+00 feet north of
the center of Vincent Park Drive; thence west parallel to Vincent ark Drive to the
west line of Lot 2; thence north to the point of beginnsg;s'also, part of Lots 3 and
!,, Block B, St. Vincent's Parr, beginning ata point on the west line of Lot L, 200
feet south of the center of Timor lWay, measured normal thereto; thence in a south-
east direction para'le1 to the center of Til,.on bray and Dumais Drive to_a point 200
feet north of the center of Vincent Para Drive, measured normal thereto; thence
west parallel to Vincent Park Drive to the west line of a tract described in Book
248 at Page 569; thence north along the west lane of said tract to a point 200 feet
south of the center of Timon Way, measured normal thereto; thence east parallel to
Timor_ '.Day to the point of begalnring, also, part of Bloc?k 3, St. Vincent's Park,
enclosed by the following line:
Beginning at a point on the boundary line of Joint Sewer District %o. 8-F° arid
1D -A, at its intersection with the south line of a tract as same is described in
Book 179 at Page 33; thence North 66° OL' West along the south line of said tract
and the south line of a tract as same is described in Book 175 at Page 459 to the
west line of the latter tract; thence west parallel to and 200 feet, south of the
center of Vincent Park. Drive to the west line of a tract as same is described i s
Book 139 at Page 41,7; thence in a nortneast direction to the southeast corner of
a tract as sane is described in Book 15L.. at Page 568; thence 'rest along the so=uth
lire of the latter tract and that of a tract described in Book 189 at :age 136, to
the southwest corner of said tract; thence continue said lime west to the inter-
sectio, with a lire drawn parallel to arid 150 feet west of the east line of Lot 11
Bloc{ B, St. Vincent's Park, e:etended south; thence north, parallel- to and 150
feet west of the east line of said Lot 15 to the center of Timor' cs!ayz thence west
along the center of Timon gay to the center of tJincert Avenue; thence south with
the center of Vincent Avenue to the north boundary line of Joint Sewer District
o. 8-P and 10-Y; thence n an easterly direction along said bcdarg line to the
point of beginning, also, part of Block D. Country Club Place, enclosed by a line
described as follows:
Begin at a point on. the gest line of Lot L, Block D, 200 feet north of the
Center lire of Country- Club Drive, measured normal thereto; thence in a southwest
direction parallel to and 200 feet from the center of Country Club Drive and r -_-is
Drive �t/o� the intersection with the west tine of a tract described in Book 2355 at
Page 44 ; thence north along the west line of said tract t0 the northwest corner
of said tract; thence east to the northeast corner of said tract and the west line
of a tract same is described in Book 164 at Page 258; thence north along the west
line of said tract to tele northwest corner of said tract; thence east along the
north line of said tract to the east lime of said tract and the "Woutheast Corner
of a tract as same is described in Book 269 at Page 706; thence north along the
east line of said tract toAhe northeast cornier of said tract: thence .rest along
the north line of said tract to a point which is 201'0 feet east of the center of
Ti71on "'ky, measured normal thereto; thence north parallel to and 2,00 feet east of
the center of TiZ:on 14ay, measured nora=.al thereto, to a point 200 feet south of
the center of Hillcrest Drive, neasured normal thereto; thence east parallel to
and 200 feet south of t`(le center of 'lilicrest rive, measured normal thereto, to
a point 203 feet gest of 'he center of Country Club Drive, measured normal thereto;
thence south and wrest 2,003 Feet ;gest and north of, measured normal to and parallel
to the center line of Country Club Drive, to the point of beginning, a2S o,
Part of Block E, Country Club lace and part Of Block ", Capalha Gardens,
enclosed by the following described line:
Begin at a point on the bcundary line of Joint Sewer District No. 8-P and. 103-1,
at its intersection with the southeast line of Lot 1, Bloc' E, GOunt—Club Place;
thence in a nort2=,:est direction =nit:, said boundary line to a Point 2,03 feet east
of the center of Country Club Drive, measured, normal thereto; 'thence':..'.. �i a northeast
direction, 200 feet south of and parallel. to the center of Country Club Drive to
the northeast line of a tract described in Book 228 at Page 165; thence in a south-
east direction along the northeast line of said tract to its extreme east corner;
thence in a southwest direction along the south line of said tract to the extreme
north cornu of .Bot 6, Block F, Capaha Gardens; thence south along the northeast
line of Lot 6 to the south line of Lot 6; thence west along the said south line to
a point 30 feet east of the northwest Corner of Lot 5, Blood. F: thence in a souta_
east direction to a point in said Lilt 5 which is 2'CC feet south Of the center of
Garden Lane and 200 feet north of the center of Capaha Tr __y neasU_ednOrial
thereto iza each case; thence in a northwest direction parallel to and 200 feet
normal to the center of Gapaha Trail and Ca;oe Bock Road to the point of begsaning,
also,
Fl =art of Blocs{ G, Gapaha Gardens, enclosed by the following described line:
Begin at a. point Where the boundary line Of Joint Sewer District ",Io. 8-N and
10-A intersects the east line of Capaha Trail: thence 1n a northeast direction to
he cast line of Lot 11 Block G, Gapaha Gardens; thence south along 'the east line
of Jots 1 and 2, Block G, to a point 200 Feet from the center of Capaha rail,
measures normal thereto; thence in an east.aardly direction narallel to and 200 feet
south of the center of Caoaha Trail, aS,=ad'.. normal thereto. to a point in Lou 8,
Block G, and 200 feet West of the center of Capaha Tram (as said -1--ail exists east
of said Lot d), measured norral thereto; thence in a sc;:the_"ly direction parallel
to and 200 feet west of the center of vanaha Trail and M-ena-'rd Way, measured normal
thereto, to a point Ln Lot 7, Block G. which point is 200 feet north of be center
of Cape Look Road, measured nor_al thereto; thence in a south"+Test direction Parallel
to and 200 feet from the center Of Cave Rods Road, to a point on the West line of
a tract as same is described in Book 246 at Page 107; thence south along the West
Line of said tract to the bounda_;, line of joint Se-wer District Sao. 8-- and l0-_1;
thence in a westerly direction along said boundary line to the point of beginning,
also, all ubat part of U.S. Private Survey N'o. 3091, Gape Rock bills, Gapaha Gardens,
and Coantry Club Place, enclosed ay the following described line:
Begin at the southwest corner of Lot L„ Block J, Cane Rock d lls, in the center
of Cape Rock Road; thence north along the vest l ne of Lct L, 200 feet; thence west
parallel to and 200 feet north of the cer_ter of Cape Mock Road, measured normal
thereto, to the east line of a tract described in Book ll$ at Page 13; thence north
along the said east line, and said line extended to the north line of Gapaha Trail;
thence in a northwest direction along the north lire of Capaha Trail to a point
130 feet southeast from the northwest line of Lot 10, Block F. Capana Gardens,
measured perpendicular thereto; hence Ln a northeast direction parallel to the
northwest line of said Lot 10, to a point 2003 feet from tae center of Gapaha Trail;
thence in a northwest direction parallel to Capaha Trail and Garden Lane, 200 feet
east of the center of same measured normal thereto, to the north line of Lot 8,
Block l', Capaha Gardens; thence east along the said north 'line to the extreme north
corner of said lot, same being the southeast corner of Lot 7, in said. Block r^;
hence in a northwest direction along the northeast lines of Lots 7 and 6, in said
Bloch c to a point, 200 feet -east of the center of Country Club drive, measured
normal thereto; thence north, parallel to and. 200 feet east of the center of Country
Club Drive, measured normal thereto, to a point in Lot 7, Block B, Coantry Club
Place, said point being 323 feet south of the center of Country Clea Drive; measured
normal thereto; thence west to the intersection of t'_M1e center_` Of 'ill creat ?'give and
Country Club Drive: thence north with the center of Country Club Drive arq De Paul
Lane to the intersection with a line parallel to and 200 feet north Qf the center
of Cauntr? Clea ?rive; thence east parallel to and 2Jfl feet north of the center of
Countay Club give, to the east 1 ne of a tract d4scribed L Soak 92 at Page 2�
sane being the west lire of the Cape Girardeau Countrar Club Tract; thence south 200
feet to tx'i8 Ce;1te_" of �s'Qui.tr Clus i'}1'iv0j t''ienCB vest along the Center of Country
Club Drive to the northeast corner of Lot 7, Block Ej Country 0113 Place; thence
south along h2 east Line of said LOt 7, t0 a pCint 2nn feet so 2'h of the center
of Count=, Club .Drive, measured normal thereto; thence.in a southeast direction
parallel to and 200 feet from the center of Country Club Dive, measured normal
thereto, to the southeast line of Lot 10, Dlocic E, Country C...zb Place; thence in a
northeast direction along the said southeast line of Let 10 to the center of Country
Club Drive; the-ace to 'he extreme south corner o' a tract described in Look `73
at Wage 279; thence North 16" Y2' Uest, along the east ?3?e of said tract, 1,137 feet
to the north line of a tract described in Book 85 at Page 583j theme in a southeast
direction along the north lime of said tract to the west line of Cape Pack Drive;
thence south along the west line of Cape Rook Drive to its intersection "eith_ the
1923 `ort! Corporate Li is of Cape Girardeau, 3,11issourij same being the north
boundary line Qf Sewer District _'bo. 10; thence crest with said Corporate LLJmits to
the center of Country Club Drive, same being the east line of .Lot 5, Sloe J. Cape
lock Hill1s; thence south along the east line of said Lot 5 to the center of Cape
Rock _Road.; thence west kTitx: the Center of Cape ROak Road to the point of beginning.
SECTION 2. That the said plans, specificationsfi�nd_ estimate of cost for the
construction of said system of sanitary sewers in sa- ewer District No. 10080 53^,
above described, and previously submitted to the Council are hereby approved and
adopted as the plans, specifications aAd,estimate of cost for the construction of
said system of sanitary sewers in sai'n)- ewer District No. 100925S , and are by the
Council ordered filed in the office of the City Clerk of the City of Cape Girardeau,
Missouri.
SUCTION 3 Thatd th estimate of cost for the construction of said system of
sanitary sewers in saiftwer District No. 10C&153 , above referred to is hereby
approved and adopted by the Council as t�agptimate of cost for the construction
of said system of sanitary sewers in sa!Twer District No. 10C&15D, and it is
hereby ordered by the Council that the total cost of construction of said sewer
system shall not exceed the amount of the estimate of said engineer and no contract
herein authorized shall be let for the construction of said sewer system which
calls for the expenditure of money and the issuance of special tax bills 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 plans, 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 pres-
entation and first reading of this ordinance on said plans, specifications and
estimate of cost, and on said profile and on the form of contract.
SECTION 5. It is hereby ordered and directed that a system of sanitary sewers
for the removal of sanitary sewage only, including manholes and_a17, other necessary
appurtenances be established, constructed and maintained in sa'ELP trer District No,
IOG0.5D , 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 of said
system of sanitary sewers made by the City Engineer and heretofore referred to and
made a part of this ordinance.
SECTION 6. The said plans, specifications, estimate of cost, profile and
form of contract for said system of sanitary sewers in said Sewer District No.
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 foro',61ewe.r District No, 1 CU15E, and all of said sewers includ-
ing 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 the
said plans, specifications, estimate of cost, and profile and all bids, contracts
and calculations for the estimate of construction of said sewers shall be based on
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 let in
harmony with the provisions of Chapter 88, of the Revised Statutes of Missouri,
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 corpora-
tions desiring to bid on such construction. Prospective bidders desiring to
examine said plans, specifications, estimate of cost, profile and form 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 returned if a bona fide bid is submitted.
Each proposal shall be addressed to the Mayor and City Council of Cape Girardeau,
Missouri, in care of the City C�ST�,ucf Cape Girardeau, Missouri, and marked
"Proposal for Sanitary Sewers in Sewer District No, lOC'153,"
SECTION 8. Each proposal shall have enclosed with it a certified check or
bid bond satisfactory to the City Council in the amount of Five Hundred Dollars
($ 500,00), said check to be made payable to the Mayor of the City of Cape Girar-
deau, Missouri, 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 a proper legal contract and bond as required by law, and
otherwise preform the obligations of said bid, whereupon said check shall be
returned to said bidder.
7:30
SECTI07N g. The City Council will meet in open session at;OM, P.i.., C.S.T.,
on _ _ _ and proposals of bidders will be considered
at that mee'ing 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 ray deem proper; the matter of awarding nmrk_ing a
contract for the construction of said system of sanitary sewers in sai���eiaer
District No. IOOU15B , may be acted upon by the Council and the final action tak_:;n
by the Council will be according to its best judgment 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 issued
in accordance with the law and ordinances of the City in full payment for the work
under 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 sewers herein
provided for.
SECTION 10. All bids for the construction of said sanitary sewers shall be
considered and held as subject to the provisions and requirements of this ordinance
which shall be deemed and taken to be a part 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 costs 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. That the Prevailing Hourly Wage Rate as determined by the
Department of Labor and Industrial Relations for the public works project in Wage
Determination T,o. l6oe�-f4 , is attached hereto and made a part of this ordinance
by reference. That the City of Cape Girardeau is authorized to contract for this
public works project with a Contractor who will pay his workmen the Prevailing
Hourly Rate of Stages for each type of workman as determined in +loge Determination
2do.1666,A, who will agree to comply with all provisions of the Prevailing ',rage
Law, and who is not prohibited by the provisions of the Prevailing Silage Law from
contracting with the City on a public works project. That prior to the final
payment to be made to the Contractor, the City of Cape Girardeau will require that
the Contractor file an Affidavit stating that the Contractor and all his Subcon-
tractors have fully complied with the provisions and requirements of the Prevailing
Mage Law.
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 contractor 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 further conditioned that said.contractor will fully guarantee
and indemnify the City Council, the City and sai4o `er District =lo.lOC&1J'3agains t
any and all damage or loss which might in any wise result from the connection of
the City with said Contractor or by reason of said contract, or by reason of his
failure to fully and faithfully carry out the provisions of said contract, or by
negligence of said Contractor or any subcontractor, 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,
td -,o Neyor of the City of Cape Girardeau acting for and on behalf of said City, is
herchy authorized to execute in the name of t & �,ty such contract for the construc-
4.
c', of said system of sanitary sswers in sai ?ewer District No.IOCfdl,� with the
parjnn, firm or corporation,whoso bid has been accepted by the Council, in
,c:ordance with the provisions of this ordinance.
SECTION 13.The delivery of the material for said system of sanitary sewers
and the actual construction thereof shall be started one week after a written
.:cc ---e to proceed has been given by the City 'hgineer to the Contractor, and said
verve_ shall be carried on continuously and uninterruptedly at such rate as will
insur-: the completion of said work of constructing said system of sanitary sewers
in six (6) months after the date of such notice. Should the work however be
delayed or interrupted by the City Council or officers of the City of Cape Girar-
deau, by Acts of God, or by other cause entirely neyond the control of the Contrac-
tor,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 onstitute a claim by
the Contractor against the City or the City Council, or age !% Is= District
&.10GAI)Bfor damages or for loss of anticipated profits, or any 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. That the City Council finds that right of way easements for
said sewer system must be obtained over and across the property hereinafter
described. The City Council further finds that it will be necessary to secure in
addition to the easements described below, adjoining ground on each side thereof
for working room necessary for access and working room during the construction of
said sewers, but that the easement acquired for said access and working room will
not be a right-of-way easement, but shall be only for the duration of the construc-
tion period.
That the City Attorney is hereby given authority to negotiate for the purchase
or acquisition of the following described property for said right-of-way easement,
together with easement for access and working room, and in the event the City
Attorney is unable to secure such easements for a reasonable price, authority is
hereby given to the City Attorney to institute condemnation suits in the name and
behalf of the City of Cape Girardeau, hissouri, to acquire the necessary right-of-
way and access and working room easements necessary for the construction of said
sewer system.
1. "art of Lot 3, Block B, St. Vincent's Park, being a strip of land 15 feet wide
off of the east side of a tract of land as said tract is described in a deed record-
ed in Soon 263 at Page 350 in the lance records of Cape Girardeau County, ?f i ssouri.
2. ?art of Lot 3, Block E, Country Club Place, being a strip of land 5 feet wide
off of the east side and 5 feet wide off of the south side of a tract of land as
said tract is described in a deed recorded in Book 270 at ?age 356, in the land
records of Cape Girardeau County, 11issouri.
3. _part of Lot 3, Block 17 Country Club race, being a strip of !and 5 feet wide
off of the west side, and 5 feet wide off of the south side of a tract of ,Land as
saidd tract is described In a deed recorded in Book 237 at Page 625, in the land
records of Cape Girardeau County, N ssouri.
.. 'art of Lot 3, Block E, COM07 Club Place, described as follows:
A strip of laud 5 feet wide lying on the south side of the following describ-
ed line: Start at the northwest corner of Lot 3; thence South 28° East, 140 feet
for a point of beginning; thence North 640 East, 73.5 feet; thence South 820 '^TSL,
108 feet, and there terminating; also, a strip of land 13 feet wide, the canter
line of said strip being described as follows: Start at the northwest corn=er of
Lot 3; thence South 28' East, 14'0 feet; thence brth 64' East, 40 feet for a point
1
of beginning, thence in a southeast direction 276.8 feet to a point on the S utas
line of Lot 3, 34.5 feet east of the southwest corner of Lot 3, and there terminat-
ing.
of Lc;.
3. Part r= 3, Block E, Country Club Place, described as follows:
,
A strip of land 10 feet wide, the center line of said strip being described
as follows: ,Start at the northwest corner of said lot; thence South. 28' E'ast,
14:' feet for a point Of beginning; thence South 64' lbst, 12 feet, nyore or less,
to the ?.lest line of said lot, and there terminating; also, all of that part of a
tract of land in said Lot 3, as sere is described in a deed recorded. in Book 207
at Page 567 in the lana recOids of Cape Girardeau County, isso`ilri, being that
Dart lying 5 feet west of the following described line: Start at the northwest
corner of Lot 3; thence tout's 28° East, 140 feet; thee as North 641 East, 40 feet
for a point of beginning; thence in a southeast direction, 276.8 feet, to a. point
on the south line or said :Got 3, 34.5 feet east of the southwest corner of said
lot, and :;here terminating.
6. Part of Lot 2, Block +, Capaba Gardens, described as follows:
A strip of land 5 feet ?.ride off of the east side of Lot 2, beginning at the
z . thence � the a 55
southeast corner of said lot, v_.,_�e.. north along east line of Said 1c�, 1
feet; and thence, in a northwest direction, a strip of land. 5 feet wide an each
side of the line, a distance of 1.51.8 feet to a pont on the north line of said:
lot 2, at a point 190.5 feet Blest of the northeast corner of said Lot 21 and there
terminating.
7. Part of Lot 3, Block F, Capahan Gardens, described as follows:
A strip Of land 5 feet wide off of the west side of Lot 3, beginning at the
southwest corner of Lot 3 and extending north 185 feet.
S. Part Of Lot 6, Block D, Country Club Place, described as follows:
Begin at a point on the center of Timm-, -aY, 157.: feet southrresterl-y from
the north—Vest Corner of said Lot 6; thence in an easterl-r d'—i—eltion parallel to
the north line of Lot 6, 252 feet to a point 170 feet west of the east line of
Lot 6; thence north parallel to the east line of Lot 6, 20 feet; thence crest
parallel to the north line Of Lot 6'v0 the cents --O' limon 4 a 7; thence i1 a
souttltiesterly direction with the center Of "Simon NaV, 20 feet to the point of
begs q ng<
9. Part of Lot 1, Block E, Cousatr 3 C1'Wo Place, descried as follows:
M strip of land 15 feet ;aide, Ding south of the folio+.ring described line:
Begin at a point On the east line of Lot 1, fro:° Vnich point the extreme east
corner of Lot 1 bears North 383 37' 11ast, 135 feet; thence Nlorth 553 301 Nlest=
parallel to the north line off Lot 1, 352 feet, more or less, to the oenUer Of
Country Club Drive and there termenat=g.
10. Part of Lot 1, Block F. Capaha Gardens, described as follows:
A attic of land 1:..) feet wide, the center line of which is described as follows:
Start at the extrerae north corner of Lot 1; thence South 383 30' Wiest along the
west line of said lot 145 feet for, a point of beginning; thence South 553 30' Est,
358.4 feet; thence South 653 59' East, 152.5 feet, more or less, to the center of
Capaha Trail, and there terminating.
lI. Part of Lot 6, Block F, Capaha Gardens, described as follD;as:
A strip of land 5 feet ;,aide off of the east side of said Lot 6.
12. Part of Lot 5, Block E, Country Club Place, described as Poli ows:
strip of land 5 feet wide off of the east side of said Lot 5.
13. art of Lot 71 Black F, Capaha Gardens, described as follows:
'ae west 5 feet Of a tract described in a deed recorded -n Booms: 202 at Page
728 in the land records of Cape Girardeau Cou ty, lsissm�xi.
14. Part of Lot 7, Block F, Capaha Gardens, described as follows:
Phe west 5 feet of a tract described in a deed recorded in Book 267 at Page
339 in the land records of Gape Girardeau County, M ssouri.
15. Part of Lot 7, Block F, Capaha Gardens, described as follows:
"Phe west 5 feet of a tract described in a deed recorded in Book 270 at Page
828 in tie land records of Gane Girardeau County, ?dssouri.
16. Part of Lot 7, Block F, Gapaha Gardens, described as follows.:
lna west 5 feet of a tract described in a deed recorded in Book 261 at Page
559 1n the land records of gape Girardeau County, 1'Sesolri.
17. Part of Lot 7, Block F, Capaha Gardens, described as follows:
The wrest 5 feet of a tract described in a dead recorded in. Book 212 at Page
345 in the land records of Gape Girardeau County, ?sisscrari.
18. Part of Lot 71 Block F. Ga'paha Gardens, described as follows:
.5 strip of lard 5 feet wide adjoining the east side of the west line of Lot 7,
beginning at the nort; hest corner or said lot and extend;_ng south 55.2 feet; also,
a strip of land. 5 feet vide adjoining the south side of the north line of dot 7,
beginning at the north -nest corner of said lot and extending east 110 feet, being a
part of a, tract of land as described in a deed recorded in Book 214 at Page 3 s_
the land records of Gape Girardeau Count-jr, 1sissouri.
19. Part of Lot 51 Block E, Courtry Club Place, described as follows:
Part of a tract of land 5n said Lot 6, as same is described in a deed recorded
in Boor 218 at Page 165, in the land records of Cape Girardeau County, Missouri,
being a. strip of land 5 feet wide off of the ,nest and south sides of said tract,
and off of the east Side thereof beginning at the wout<east corner of said tract
and extending north. 150 feet.
19A. Part of Lot 61 Bloc': E, Country Club dace, being a strip Of land 5 feet hide
Off of the a,:est side of a tract of land as sane is described in Book 212 at Page
157 in the land records of Ca -De Girardeau COUnty,. Missouri.
19B. Part Of Lot 6, Block E, Country Club tr ace. being a stria of la=nd 5 feet vride
off of the West Side of a tract of land as same iS described it Book 216 at Page
133 the land records of Cape' Girardeau Count --y, Missouri.
19C. Part of vet 6Koch Ej Country vf: b I a^e, e g a strip Of land ? feet wide
off of t.e ;vest side of a tract of lard as sae is described in Book 190 at Page
359 in the land records of Cape Girardeau, County sso:.".'i, beginning at the soi;th
line of said tract and extending north 310.5 feet, and there terrlfnating.
20. Part of Lot 10, Block;, Country Club Place, described as follows:
Part of a tract of land described in a deed recorded in Book 152 at Page 396
in the land records of Cape Girardeau County, Missouri, being a strip of land 10
feet hide, the center line Of said strip being described as follows: Begin at a,
point on the south line of Lot 10, 79: feet east of the southwest corner of said
lot; thence North 53° 181 >tiest.. 120 feet, ILore or less, to the north line of the
tract aforementioned. and there terrinating.
21. Part of Lot 10, Block E, Country Club Place, described as follows:
That part of a tract of land described in a deed recorded to Book 25 at Page
567, excepting that described in Book 241 at Page 31, =n the land records of Gane
Girardeau County, ilssoari, being a strip of land 10 feet gide, the center line
of said strip being described as follows: Start at a point on the south line of
Lot 10, 79 Peet east of the southwest corner of said lot; thence Tdorth 53" 18' T,vest
120 fleet, more or less, to the: south line of the tract, aforementioned, for a point
of beginning; thence continue North 53' 181 'vest, 28 feet, more or less, to the
north lane of said tract, and there terminating.
22. Part of rat 135 Block u, CO' nt* i Club Placep d€scric€d as follows:
That part of a tract of land described in a deed recorded in Boo, 2,,1 at Page
31, in the land records of Gape Girardeau County, Missouri, being a strip of land.
10 feet wide, the center line -of said strip being described as follows: Start at
a p0iri% On 'he SOuti lin
e Of Tt 110, 79 feet eBSt Of the SOuthS,*est -corner of said
lot, thence Iaorth 53" 181 West, IL,8 feet, more or less, to the south line of the
tract aforementioned for a point of beginning; thence continue North 53' 181 }jest,
47 feet, More or less, to the north line of said tract, and there te=di hating.
23. Part of Lot 10, Block E, Country Club Place, described as follows:
That part of a tract of land described in a deed recorded in Boo; 135 at Page
613, in the land records of Cape Girardeau Gounity, Iassourij, being a strip of land
10 feet wide, the center line of said strip being described as follows: Start at
a point on the south line of Lot 10, 79 feet east of the south�,est corner of said
lot; thence North 53' 18, Tweot, 195 feet, more Or less, to the south line of the
tract aforementioned for a point of beginning; thence continue worth 53' l8r Pleat,
12 feet more or less, to a point, from which point the north line of Lot 10 bears
North 37° 551 %'fest, 87.8 feet; thence North 370 55' West, 63 feet, more or less,
to the north line of the tract heretofore mentioned. and there termsinatinq.
24. Part of Lots 9 and 10, Block E. Country Club Place, described as follows:
,,,,.at part of a tract of land described in a deed recorded in Book 139 at Page
20,6.in the land records of Cane Girardeau County, Missouri, being a strip of land
10 feet rade, tine center line of said strip being described as follows: Start at
the southwest corner of Lot 9, which is also the northwest corner of Lot 10: thence
North 10.9° 20' East, 710.5 feet for a point of beginning; thence South 37' 551 East,
25 feet, ::ore on less, to the south line of said tract; and from said point of
i1eg12'ifing North 37' 551 Test, 46 feet, more or less, to tie north line of said
tract.
25. Part of Lot 9, Block E, Country Club Place, described as follows:
That part of tracts as same are described in deeds recorded in BookM8 at
Page 239 and in Hook 256 at Page 599, in the land records of Cape Girardeau County,
Missouri, described as follows: F strip of land 10 feet *aide, the center line of
said strip being described as follows: Start at the southwest corner of Lot 9,
which is also the northwest corner of Lot 13.. thence 49' 201 Last, 74.5 feet; thence
Earth 37' 551 Nest, 46 feet, more or less, to the south line of the tract described
in Book 168 at Page 239, aforementioned, for a point of beginning; thence continue
North 37' 551 Vest, 180 feet, more or less, to the north line of the tract
described in Book 256 at rage 599, aforementioned, and there terminating, also, a
strip of land 15 feet wide, lying north of and adjacent to the south line of the
tract described in Hook 168 at Page 239, aforementioned, beginning at the center
of Country Club Drive and extending scuthwestwardly, 380 feet.
26. Part of Lot 8, Block E, Country Club :lace, described as follows:
A strip of land 10 feet wide, the center line of said strip being described
as follows: Start at the southwest corner of Lot 9, Block E, Country Club Place,
same being the northwest corner of Lot 10, Block A thence North 49' 20' East,
74.5 feet; thence North 37' 55' Nest, to the southeast line of Lot 8 for a point
of beginning; thence North 37' 55' Nest, 25 feet; thence North 65' 431 Nest, 158
feet, more or less, to the northwest line of Lot 3, and there terminating.
27. Part of Lot 7, Block E, Country Club ?lace, described as follows:
A strip of land 10 feet wide, the center line of said strap being described
as follows: Start at the southw=est corner of Lot 9, Block E, Country Club dace,
same being the northwest cornier of Lot 10, Bloc's E; thence North 49' 20' East, 74.5
feet; thence wort 37' 55' West, 251.2 feet; thence :Forth 65' 43' ;fest, 158 feet,
more or less, to the east line of Lot 8 for a point of beginning; thence continue
North 653 431 Fest, 30 feet, and there terminating.
28. Part of U.S. Private Survey No. 3091, described as follows:
A strip of lane 20 feet wide, the center line of which is described as
follows: Begin at a point on the center line of Country Club Dive, North 37'
Nest, 10 feet from the southeast corner of Lot 9, Block E, Country Club Place;
thence North 6' 561 East, 260 feet and there terminating.
29. Part of Lots 8, 9, and 10, clock E, Country Club Place, for the ourpose of
making sewer connections to Various lots on Arlin Drive. The City requires the
easements only for the purpose of making connections, with future maintenance to
be the responsibility of the property owners.
SECTION 13 B. That the ;Dorn to be done in the construction of sanitary lateral
sewers in Sewer District No. 10-0 and 15-B, shall be as follows:
All work of construction shown on the plans for said Sewer District No. l) -C'
15-3, beginning at hanhole 13 to and including awnhole 16, Anhole 143 to and
including Nanhole 14D, Pinhole 18 to and including Anhole 69, banhole 64 to and
including Renhole 66, :manhole 24 to and including Anhole 41, Anhole 40 to and
including Pinhole 57, Manhole 52 to and including Manhole 53, Manhole 51 to and
_eluding Pipe End 51B, Anhole 51 to and including Pipe End 621. Pinhole 47 to and
including Pipe End 46k, Yenhola 46 to and including Pipe End 45, Anhole 38 to and
including Pile End 38A, Anhole 19 to and including Pipe And 58, hanhole 31 to and
including Pipe End 33, 'anhole 24 to and including Anhole 44, hanhole 25 to and
including 'Pipe rind 27, and Anhole 20 to and including Pipe End 28, including all
necessary pipe, '_'ianholes, and appurtenances shown on the plans for said;, sewer district.
SECTJON �4; That as soon as the work of constructing said system of sanitary
sewers in ;"ewer District No. 13C8+15B , as herein provided for, shall have been com-
pleted under the contract let for that purpose and accepted and approved as afore-
said, 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 preformed
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
shall duly investigate the same and hear any evidence or reports submitted concern-
ing the manner in which the contract herein provided for has been executed, and
shall make inquiry into the whole matter herein considered, and upon being satis-
fied that the whole of said contract has been substantially complied with shall by
resolution, or otherwise, declare its acceptance and approval of said work.
SECTION 16. When the work has been completed, accepted and approved as herein
provided, the City Engineer shall compute the whole cost thereof, and apportion
and charge the same as a special tax against the lots or tracts of land embraced
by the plans, specifications a�d estimate of cost for the construction of said
system of sanitary sewers in saoa Lwer District No. IMU5B, in and for which
said sewer system shall have been constructed in the proportion which the respec-
tive areas of said lots or tracts of land bear to the area of the whole district,
exclusive of public highways, streets, alleys and public property, except that
excepted by said plans, and the City Engineer shall report such apportionment of
cost to the Council in writing, which report shall include the following:
1. The total cost of constructing said system of sanitary sewers in ewer
District No.IOC',.i5F !
2. The aggregate area of the entire territory included in said system of
sanitary sewers�nr5ewer District No.10C�;:5B , exclusive of public high-
ways, streets, alleys, and public property above mentioned.
3. The correct description of each separate lot or tract of land including
the lot, block, range, subdivision or addition in which the sadme is
situated chargeable with the cost of constructing said sewers 1newer
District No.10G315B , under this contract.
4. 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.
SECTION 17. The City Clerk shall, as soon as said report of the apportionment
of cost 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 Lbov�e provided, a special tax bill against each particular lot or tract of land
in Sewer District No.lOC&15B , as above described, which tax bills shall be
payable from and after 60 days after the date of issue, with interest from such
date at the rate of eight (8) per cent annum until paid,
SECTION 18. Said tax bills shall be certified by the City Clerk under the
seal of said City, and when said special tax bills are issued 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 shall not exceed the Engineer's final
estimate of the 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 ordinances of said City, and they shall so expressly state on their
face 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 sal�ewer District No, 10C315Bg 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, T'rissouri, shall in no event, nor in
any manner 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 Clerk 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. The registration of such
tax bills in such 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 whom 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.
7. At least an abbreviated description of the property described in such
tax bill.
8. If such tax bill has been assigned by the contractor to another party the
name of such party, and 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 the City Clerk and Collector for
the owner or holder thereof at any time, whereupon the City Clerk and Collector
shall, upon presentation to her of any receipted tax bills, note the payment on
the register thereof, and such entry shall be evidence of the payment of the tax
bill therein stated.
SECTION 23. Every such special tax 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
thereupon on the margin of such special tax bill make an appropriate note of such
assignment.
SECTION 24. 'dhen any owner of property against which such special tax bill
shall be issued, shall pay to the owner of the tax bill, the amount thereof, such
owner shall endorse on the tax 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 the 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 receipt of such certificate, shall
file the same and enter such payment and shall also certify on the 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 and such tax bills shall aggregate in amount the total amount of
his contract as computed, apportioned and charged by the City Engineer.
Upon receipt of said tax bills the contractor shall at once notify all property
owners of the amount of each tax bill, with information sufficient to identify the
tract assessed, and where said tax bill may be paid. Such notice shall be made by
mail.
SECTION 26. All ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
SECTION 27. The Council further finds and declares that the public health of
the City is endanq ed by the present sanitary facilities existing in the territory
above described as ewer District No, lOC?153, through 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 and with consequent benefit to all
citizens of the City, the Council finds that an emergency exists within the
Statutes of lMissouri authorizing emergency legislation, and this ordinance shall
therefore take effect and be in force from and after the date of the passage and
approval.
First reading given this '� T L day of �"'` , 19�73
Second and third readings given this � / day of
and said ordinance finally passed and approved,
Attest;
�7 City Clerk
Payer