HomeMy WebLinkAboutCityMgrForm.560.03-17-1971CITY MANAGER FORM ORDINANCE NO. 15410
AN ORDINANCE ADOPTING PLANS AND SPECIFICATIONS 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 N01jLL & 1411A SUBDIVISION OF SEWER
DISTRICT NO. 12 & 14 , IN THE CITY OF CAPE GIRARDEAU, MISSOURI, PARTICULARLY
DESCRIBED IN COMMISSION FORM ORDINANCE NO. 1942; OF THE CI^1Y 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 ENGINEER,
PREVIOUSLY SUBMITTED TO THE COUNCIL, ADOPTING THE ESTIMATE OF SAID ENGINEER FOR
THE COST OF CONSTRUCTING SANITARY SEWERS IN SAID SEWER DISTRICT N0129LL &1 ZOND
ORDERING CONSTRUCTION OF SAID SYSTE0 OF 'S [_ ! SEWERS IN SAID DISTRICT IN
ACCORDANCE AITH SAID PLANS, SPECIFICATIONS AID ESTIM!1TE 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 AUTH"7
IZING THE INSTITUTION OF CONDEP.NATION SUITS IF NECESSARY TO ACQUIRE THE NECESSI,R.Y
RIGHT OF WAY AND GROUND ADJOINING SKID RIGHT OF WAY FOR WORKING ROOM, PROVIDING
FOR LETTING THE CONTRACT FOR THE WORK OF CONSTRUCTION OF SAID SYSTEM OF SANITARY TRUig
SEWERS, DIRECTING THAT SAID SEWERS BE PAID FOR BY THE ISSUANCE OF SPECIAL TAX BILLS
TO BE APPORTIONED AND CHARGED AGAINST THE LOTS AND TRACTS OF LAND EMBRACED WITHIN
SLID SYSTEM OF SAYSEWERS IN SAID SEWER DISTRICT NO. 0900J; AS DESCRIBED
IN SAID PLANS AND SPECIFICATIONS, EXCLUSIVE OF PUBLIC HIGHWAYS, STREETS, ALLEYS
AID PUBLIC PROPERTY EXCEPT AS PROVIDED IN SAID PLANS AND SPECIFICATIONS, AND
DIRECTING THAT SMD 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, 29 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 deems and declares it necessary that a system of sanitary
trunk sewers be constructed in Sewer District No.12LL&t4Ea subdivision of Sewer
District No. 12 & 14, 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
detailed plans, snecifications and estimate of cost for the construction of said sanitary
trunk sewers in said Sewer District No.12LL&Ul E. and said plans, specifications
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 for the construction and maintenance of a system of sanitary trunk
sewers in Sewer District No.1211=0 a subdivision of Sewer District No. 12 & 14
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 said Sewer District N0.1.2L74E 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 thereby, be benefitted by the construction of such sewers as
hereinafter provided for in Sewer District No. 12h1 & 14E.
That the boundaries of said Sewer District No.12LL&14Eshall be as follows.
Boundary Joint Sewer District No. 14-E & 12 -LL
Begin at the northwest corner of Lot 10, Edgewood Highlands Fourth Subdivi-
sion; thence Northwesterly along the Test line of said Lot 10 extended, 52,67
feet; thence continue Northwesterly parallel to the Nest line of Jewel Drive to
the South right of wat line of Missouri Highway State Route K; thence Southwest-
erly along the South line of said Route K to a point which is 435 feet West of
the Fast line of Outlots 84 and 85, U.S.P. Survey To. 2199, measured normal
thereto; thence South parallel to the East line of Outlots 84 and 85 to a point
on a line, which line is drawn perpendicular to the East line of Outlot 85 from
a point 81 feet North of the Northwest corner of Lot 13. Ebert's Subdivision;
thence East perpendicular to the Fast line of Outlot 85, 435 feet to the East
line of Outlot 85; thence South along the Fast line of Outlot 85 and the West
line of Lot 1, Ebert's Subdivision to a point which is 680 feet North of the
North line of Bloomfield Road, measured along the West line of said Lot 1; thence
Southeasterly to the intersection of the center line of Bloomfield Road and the
center line of Silver Springs Road extended; thence 'Jest along the center line
of Bloomfield Road to a point which is 100 feet west of the West line of Silver
Springs Road, measured normal thereto; thence Southeasterly parallel to and 13'10
feet west of the west line of Silver Springs Road, to a point on a line, which
line is drawn perpendicular to the west line of Silver Springs Road from a point
on the west line of Silver Springs Road, which point bears South 15° East, 382.8
fee's from the Northeast corner of a parcel of land as same is described in a
deed recorded in Book 63 at Page 467 of the land records of Gape Girardeau
County, Enssouri; thence East perpendicular to the ?Fest line of Silver Springs
Road to the center line of Silver Springs Road; thence Southeasterly along the
center line of Silver Springs Road to the intersection with the extention of the
South line of a 50 foot roadway easement as same is described in a deed to
William Beggs and recorded in Book 206 at Page 309 in the land records of Gape
Girardeau County, Missouri; thence South 89° East, 470 feet; thence South 840
Fast, 1,051.8 feet, to the East line of U.S.P. Survey No. 174; thence South 6°
West, along said East line to the Southwest corner of a parcel of land as same
is described in a deed recorded in Book 226 at Page 489 in the land records of
Gape Girardeau County, Missouri; thence South 87° 37' East, to the West right of
way line of U.S. highway Route 61; thence North along the west right of way line
of U.S. Highway Route 61 to a point which is 150 feet South of the South line of
Bloomfield Road, measured normal thereto; thence Southwesterly parallel to and
150 feet South of the South line of Bloomfield Road toga point on the East line
of Edgewood Road extended South; thence North along the extension of the East
line of Edgewood Road to the North line of Bloomfield Road; thence South 66° west,
along the North line of Bloomfield Road, 120.1 feet; thence north 271 30, West.,
parallel to Edgewood Road, 314 feet; thence South 66° west, to a point which is
153 feet west of the west line of Edgewood ?load, measured perpendicular thereto;
thence Northwesterly parallel to and 150 feet West of the west line of Edgewood
Road to the South line of Lot 17, Edgewood Highlands Fifth Subdivision; thence
West along the South line of said Lot 17 to the South corner of Lot 16, Edgewood
Highlands Fifth Subdivision; thence in a Northwest direction along the west line
of said Lot 16, to the Southwest corner of said Lot 16; thence West to a point
on the west line of Barberry Street, 100 feet South of the South line of Quince
Street, measured normal thereto; thence west parallel to Quince Street to a point
from which a line drawn perpendicular to Quince Street passes through the North-
west corner of Lot 1, Edgewood Highlands Sixth Subdivision; thence North to the
Northwest corner of said Lot 1; thence West along the South line of Quince Street
to the west line of Edgewood Highlands Seventh Subdivision, extended South; thence
North along the west line of Edgewood Highlands Seventh Subdivision, and said
line extended to the Southwest corner of Lot 122 Edgewood highlands Fourth Sub-
division; thence in a northwest direction along the west line of Edgewood
Highlands Fourth Subdivision to the Northwest corner of Lot 10, Edgewood High-
lands Fourth Subdivision, and the point of beginning.
SECTION 2i* That the said plans, s e if. tions and estimate of cost for the
construction of said system of sanita. wers in said Sewer District No.12LIA14EP
above described, and previously submitted to the Council are hereby approved and
adopted as the plans, specifications and estimate of cost for the construction of
said system of sanitary sewers in said Sewer District No;12LL042E and are by the.
Council ordered filed in the office of the City Clerk of the City of Cape Girardeau,
Missouri,
8JCTION 34 That the estimate of cost for the construction of said system of
sanitary �s wers in said Sewer District No.12TLM4EE above referred to is hereby
approved and adopted by the Council as the estimate of cost for the construction
of said system of sanitary sewers in said Sewer District No.12LI&I4E, 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 sanitarytrs"ei ers
for the removal of sanitary sewage only, including manholes and all other necessary
appurtenances be established, constructed and maintained in said Sewer District No.
12LLL,1LB 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 b, The said plans, spee3fiea ion estimate of cost, profile and
form of contract for said system of sanitary sneowers in said Sewer District N0.12LL 3:11
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.12LL04; 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 I yor and City Council of Cape Girardeau,
Missouri, in care of the City Clerk of Cape Girardeau, Missouri, and marked
"Proposal for Sanitary Sewers in Sewer District No.12LL UPB ."
Trunk
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.
S CTIOIT 9. The City Council will meet in open session at 2:3'0 P.i+.., C.S.T.,
on /-�iyrt� iazL-7. ��1P and proposals of bidders will be considered
at that mee'inglarld 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. it,
such meeting as the Council may deem proper;, the matter of awarding and making a
contract for the construction of said system of sanitarysewers in said Sewer
District No.1?-IS22AZ may be acted upon by the Council and the final action taken
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 No. 3,4A, 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 tillages for each type of workman as determined in Vlage Determination
No. /�f 4A, who will agree to comply with all provisions of the Prevailing '.cage
Law, and who is not prohibited by the provisions of the Prevailing Triage 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
Hage 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 .5hom such contract shall
be awarded shall enter into n 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 said Sewer District 'No. I. against
he
nny and all damage or loss which might in any wise result from teo etion 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
tiler. 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 Gape Girardeau acting for and on behalf of said City, is
hereby authorized to execute n_tle name of the City such contract for the construc-
'_iez:- of said system of sanitarry`Tsewers in said Sewer District No.l?LL&a-1*Ewith the
pe.�^jen, firm or corporation,whose bid has been accepted by the Council, ii
accordance with the provisions of this ordinance.
SECTION 13. The delivery of the material for said system of sanitary sewers
end 'she actual construction thereof shall be started one week after a written
ct.ce to proceed has been given by the City !hgineer to the Contractor, and said
work shall be carried on continuously and uninterruptedly at such rate as will
incur=,n the completion of said work of constructing said system of sanitary sewers
trunk
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 'ieyond 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 constitute a claim by
the Contractor against the City or the City Council, or against Sewer District
No. 112L�& for 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, Missouri, to acquire the necessary right-of-
way and access and working room easements necessary for the construction of said
sewer system.
1, 911 of a part of a tract of land In Lot 25 Rodney 400 Arpen
Tract, in U.S. Private survey No. 2199, as said tract is described
in a deed recorded. in Book 224 at Page 315, in the land records of
Gape Girardeau County, Missouri, being a strip of land 10 feet wide
lying 5 feet'on either side of the following described center line:
Begin at a point on the north line of Bloomfield Road, said
point being 15 feet west of the intersection of the east line of
the above mentioned tract with the said north line of Bloomfield
Road; thence N. 35° 081 W., parallel to the east line of said tract
307.5 feet; thence N. 62° 521 W., to a point on the west line of
said tract, said point being S. 8° 301 E., 41.5 feet from the extreme
north corner of said tract, and there terminating.
2. All of that part of Lot 79 Ebertls Subdivision in U.s. Private
Survey No. 2199, as said tract is described in a deed recorded in
Book 219 at Page 365 in the land records of Cape Girardeau County,
M ssouri, being a strip of land 10 feet wide, lying 5 feet on either
side of the following described center line:
Bet,in at a point on the east line of the above mentioned tract,
from which point the northeast corner of said tract bears N. 8' 301
W., 212.1 feet; thence N. 62° 521 W.,�'78 feet, more or less, to a
point on the west line of said tract, and there terminating.
3. All of a part of Lots 6 & 7, Ebert's Subdivision in U.S. Private
Survey No. 21999 as said tract is described in a deed recorded in
Book 170 at Page 297, and Page 2982 in the land records of Cape
Girardeau 007cloty9 Missouri, being a strip of land 10 feet wide, lying
5 feet on either side of the following described center line, as it
crosses the above described tract:
Start at the southwest corner of Lot 92 Block 1, Edgewood High-
lands sixth Subdivision; thence S. 23° 551 E., with the extension
of the west line of said Lot, 9, 75.5 feet; thence S. 540 391 E.,
341, feet; thence S.62' 521 E., to the intersection with the east
line of the above mentioned tract as described in said Book 170 at
Page 298, and there terminating.
4. All of that part of a tract of land in Lot 22 Rodney 400 Arpen
Tract, in U.S. Private Survey No. 2199, as said tract is described
in a deed recorded in Book 166 at Page 81, in the laud records of
Gape Girardeau County, Missouri, `osing a strip of land 113 feet wide,
the center line of said strip being described as follows:
Begin at the southwest corner of Lot 9, Block 11 Edgewood High-
lands Sixth Subdivision; thence S. 23' 551 E., with the west line
of said Lot 9, extended, 49.5 feet to the south line of the first
above mentioned tract, and there terminati;ngg.
5. All of the west 5 feet of Lot 9, Block 1, Fi3gewood Highlands
Sixth Subdivision.
6. All of the east 5 feet of Lot 10, Block 1, Edgewood highlands
Sixth Subdivision.
7. All of that part of a tract of land in Rodney 400 Arpen Tract
in U.S. Private Survey No. 2199, as same is described in a deed
recorded in Book 140 at Page 210 in the land records of Cape Girardeau
County, Ydssouri, being a strip of land 10 feet wide which lies west
of and adjoining the west right-of-way line of U.S. Route No. 61,
beginning at a point which is on the extension of the north line of
Walnut Street and running south to the south line of the above mentioned
tract, and there terminating.
8. All of that part of a tract of land in Rodney 400 Arpen Tract in
U.S. Private ,Survey No. 2199, as same is described in a deed recorded
in Book 178 at Page 47, in the land records of Cape Girardeau County,
Missouri, being a strip of land 10 feet wide adjoining the west right-
of-way line of U.S. Route No. 61 along the east side of said tract.
9. All of that part of a tract of land in Rodney 400 Arpen Tbact
in U.S. Private Survey No. 2199, as same is described in a deed
recorded in Book 172 at Page 347 in the land records of Cape Girardeau
Gounty, Missouri, being a strip of land 10 feet wide adjoining the
west right-of-way line of U.S. Route No. 61, along the east side
of said tract.
10. All of that part of a tract of land in Outlot No. 860 in U.S.
Private Survey Aho. 2199, as same is.described in a deed recorded in
Book 89 at Page 178 in the land records of Cape Girardeau County,
Mfissouri, described as follows:
A strip of land 10 feet wide adjoining the west right-of-way
line of U.S. Route No. 61, from the north line of said tract to the
south line of said tract, also, a strip of land 10 feet wide, the center
line of said strip being descried as follows:
Begin at a point on the west right-cf-way line of U.S. Route
No. 61, N. 2' 281 E., 362.7 feet from the south line of U.S.P. Survey
No. 2199; thence N. 89' 32' W., 200 feet to a point on the west line
of the above mentioned tract, from which point the southwest corner
of said tract bears S. 8' W., 341.4 feet and there terminating.
il. All of that part of a tract of land in Outlot Who. 86, in U.S.
Private Survey No. 2199, knownas the .Ebert Tract, being a strip of
land 10 feet in width, the center line of said strip being described
as follows:
Start at the intersection of the south line of Outlot No. 86
and the west right-of-way line of U.S. Route No. 61; thence N. 82'
30e W., along the south line of Outlot No. 86, 219.12 feet to the
southeast corner of the Ebert Tract; thence N. 8' E., along the east
line of said tract 341.4 feet for a point of beginning; thence N. 48'
4.9' W., 434 feet, more or less, to the north line of said Ebert Tract,
and there terminating, also, a strip of laced. 10 feet wide the center
line of said strip being described as follows: Start at the point
of beginning above described, thence N. 48' 491 W., 332 feet for a
point of beginning for the land hereafter described; thence S. 65'
08' W., 900 feet, more or less, to the south line of the Ebert Tract,
and there terminatir_g.
12. All of that part of Outlot No. 86, in U.S. Private Survey No.
2199, being a strip of land 10 feet wide, the center line of said
strip being described as follows:
Start at the southeast corner of a tract of land as same is
described in a deed recorded in Book 266 at Page 563 in the land
records of Cape Girardeau County, Missouri; thence N. 48' 49' W.,
287 feet; thence N. 29' 07' W., 765 feet; thence N. 14' 081 W.,
to the south line of Bloomfield Road, and there terminating.
23. Part of a tract of land in U.S. Private Survey No. 174 as same
is described in a deed recorded in Book 77, at Page 616, in the
land records of Cape Girardeau County, Missouri, being a strip of
land 10 feet wide, the center line of said strip being described
as follows:
Start at the northeast corner of U.S. Private Survey No. 174,
thence N. 84° W., along the north line of said Survey 308.8 feet
for a point of beginning; thence S. 79' 451_W., 585 feet; thence
N. 87° 071 W., 262 feet to a point on the west line of said tract,
from which taoint the north line of said U.S. Private Survey bears
N. 70 E., 203.9 feet, and there terminating.
14. Part of a tract of land in U.S. private Survey No. 174, as same
is described in a deed recorded in Book 73 at Page 300 in the land
records of Cape Girardeau County, Missouri, being a strip of land
10 feet wade the center line of said strip being described as
follows:
Begin at a point on the east line of said tract from which
point the southeast corner of said tract bears S. 7" W., 119.5
feet; thence N. 87° 07' W., 424.1 feet; thence N. 89" 18' W., 5
feet to the west line of said tract, from which point the south
line of said tract bears S. 5° U., 132 feet, and there terminating.
15. Part of a tract of land. in U.S. Private Survey No. 174, as same
is described in a deed recorded in Book 235 at Page 101, in the land
records of Cape Girardeau County, Missouri' being a strip of land
10 feet wide lying south of and adjoining the north line of said
tract, and extending from the east line to the west line of said
tract.
SECTION 14, That as soon as the work of constructing said system of sanitary lateral
sewers in Sewer District No. 12-yy-1, 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
ouncilshall 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, s e ifi ations and estimate of cost for the construction of said
system of sanitQsrs in said Sewer District No.12-LL-1 , 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 Sewer
District No. 12 -LL -1 ,
2. The aggregate area of the entire territory included in said system of
sanitary sewers in Sewer District No. 12 -LLL -1 , 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 same is
situated chargeable with the cost of constructing said sewers in Sewer
District No. 1.2 -LL -1, under this contract.
4. The name of the owner or oumers 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 above provided, a special tax bill against each particular lot or tract of land
in said Sewer District No. 12 -LL -1, 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 said Sewer District No. 12 -LL -1, 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, Missouri, 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
SECTION 14. That as soon as the work of constructing said system of sanitary trunk
sewers in Sewer District No.32L, 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 15i Upon receiving said report of the City Engineer, the City Council
shall duly investigate the same and hear any evidence or reports submitted concern-
ingjthe 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, sggeeifications and estimate of cost for the construction of said
system of sanita"?nkwers in said Sewer District No.12LL?•3.IB, 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 Sewer
District No. 121L & 14E.
2. The aggregate area of the entire territory included in said system of
sanitary sewers in Sewer District No. ULL� 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 same is
situated chargeable with the cost of constructing said sewers in Sewer
District 170.12W -d A 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 Bost 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, a special tax bill against each particular lot or tract of land
in said Sewer District No.12LLUTA1 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 said Sewer District No. 12LL&14$ 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, Missouri, 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
_ . �u ..v vcr-v -- oovurrzrcccsivi �.Gxrtg -'i�sn�jT �r a Glun�- apu Gni-uru7.nance —7ana11 _.
therefore take effect and be in force from and after the date of the passage and
approval, F
First reading given this Pr� day of ✓"` s 19'x/
�k
Second and third readings given this // day of 191
and said ordinance finally passed and approved,
Attest:
City Clerk
S
V-eD
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