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HomeMy WebLinkAboutCityMgrForm.27.12-29-1965CITY MaNgGER FORM Chi DIVAN CE NO. AN ORDINANCE ADOPTING PLANS AND SPECIFICATIONS FCR THE CONSTRUCTION OF A SYSTEM OF SANITARY SEWERS TO BE USED IN THE DISPOSAL OF SANITARY SMIAGE IN THE TERRITORY DEFINED AS SEWER DISTRICT NO. 12-D4 A SUBDIVISION OF SDIER DISTRICT NO. 12 J. IN THE CITY OF CAFE 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, 1955, SAID PLANS AND SPECIFICAT- IONS HAVING BEEN PREVIOUSLY PREPARED BY THE CITY ENGINEER, PREVIOUSLY SUBMITTED TO THE COUNCIL, ADOPTING THE ESTIMATE OF SAID ENGINEER FOR THE COST OF CONSTRUCT- ING SANITARY SE79ERS IN SAID SEWER DISTRICT NO.12-D14 AND ORDERING CONSTRUCTION OF SAID SYSTEM OF SANITARY SEWERS IN SAID DISTRICT IN ACOMDAN CE WITH SAID PLANS, SPECIFICATIONS AND ESTIMATE OF COST, AUTHORIZING THE CITY ATTORNEY TO NEGOTIATE FOR RIGHT-OF-WAY AND EASEMENTS OVER VARIOUS TRACTS AND PARCELS OF LAND NECESSARY FOR THE CONSTRUCTION OF SAID SEWERS, AND AUTHORIZING THE INSTITUTION OF CONDEMN- ATION SUITS IF NECESSARY TO ACQUIRE TIE NECESSARY RIGHT-OF-WAY AND GROUND ADJOIN- ING SAID RIGHT-OF-WAY FOR WORKING ROOM, PROVIDING FOR LETTING THE CONTRACT FOR THE WORK OF CONSTRUCTION OF SAID SYSTEM OF SANITARY SEWERS, DIRECTEVG 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 SAID SYSTEM OF SANITARY SEWERS IN SAID SEWER DISTRICT NO 12 -DI; AS DESCRIBED IN SAID PLANS AND SIE C-11FICAT- IONS, EXCLUSIVE OF PUBLIC HIGHWAYS, STREETS, ALLEYS AND PUBLIC PROPERTY EXCEPT AS PROVIDED IN SAID PLANS AND SPECIFICATIONS, AND DIRECTING THAT SAID TAX BILLS BE ISSUED ACCORDING TO LAW AND CONTAINING AN EMERGENCY CLAUSE. WHEREAS, the said Council having been her etofore duly authorized by the vote of the people of the City at an election held for that purpose, passed and approved Commission Form Ordinance Nor 191+2;; 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 Nos. 1, 2, 3, 4, 5, 6, 71 8, 9, 10, 11, 12, and 13, inclusive, and WHEREAS, the council deems and declares it necessary that a system of sanitary sewers be constructed in Sewer District No.12-DI; a subdivision of Sewer District No. 12 , 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, specifications and estimate of cost for the construction of said sanitary sewers in said Sewer District No.12-D-4 and said plans, specifications and estimate of cost have been prepared by said Engineer 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. That the Council hereby deems and declares that a public necessity exists for the construction and maintenance of a system of saintary sewers.in Sewer District No.12-D4 a subdivision of Sewer District No. 12 , as defined in Commission Form Ordinance No. 1942, passed and approved on the 25th day of August, 1958, and it hereby declares that all of the land embraced within the territory lying within said Sewer District No 2 -IP as described in the plans and hereinafter described,will,'exclusive of public highways, streets and alleys , or excepted on said plans, be benefitted by the construction of such sewers as hereinafter provided for in Sewer District No.12-D4 the boundaries of which shall be as follows: Part of _Pe�ver District 1-1,o. 12.1 in the City of Cape Girar-deau, Kiissouri, being part of the Ro ey 400 Arpen -Tr act, part of Outlot 86, all in U. S. FLI. Survey No. 2199, and part of Frl. See. 12, T. -0 1R. 13 E., described as 41 011 ows: Begin at a point on the east righit-of-inwj line of U. S. Houte 61, at the S. W. corner of a trace, of land as same is described in a deed recorded Ln Book, 148 at page 523, in the land records for Cape Girardeau you -n -try, ssouri, said poi3:ru being on the sout-h- line of Sewer District No. 12-N: thence south along the east right-of-Tw-ay line of U. S. -Houte 161, to the south !Lne of Outlot 86, atthe S. W. corner of a tract of land as sayrie is described i—n a deed -recorded in Book 231 at page 274 in tine land records of Cape Girardeau County, Y23'-ssouri; thence 14. 83* L,41 W., to the INT. W. corner of a tract of land as same is described in a deed recorded in Book 235 at page 623 in the land records of Cape Girardeau County, Missouri, said corner being on the e_,,s-t- -rigInt-of-way line of U. S. Route 611; thence south- 2 30' W . , along said east right-of-way line 687.7 feet; thence S. 870 310j' E-., 565 feet, more or less, to a point which is 200 feet east of the -east 1ILae of Conmercial Street, measured perpendicular thereto; thence north parallel to and 200 feet east of the east of Co.=,ercial Street to a Po=t 356 feet north of the north line of Locust Street; thence west perpendicular to the east line of Commercial Street 30 feet; theme N. 10' 371 E., parallel to and 200 feet east of the east line of Gormzerciai Street to the north line of "irialnut. Street; thence west a --Lon,.-,- the north line of lWalnut Street, 20- feet; the -nee h. 10' 371 E., 100 feet; thence east perpendicular to the east line of Com-�erciai Street 20 feet; thence N. 10' 37' E., parallel to Comercial Street, 88",,.2 feet; thence N. 5* 531 W. to a point from which the east !line of Commercial Street bears E., 79' 231 E., 150 feet; thence N. 3' 10, W., to the south boundary line of Sewer District No. 12-N; thence west along the south boundary line of Sewer District No. 12-N, to the point of beginning. SECTION 2. That the said plans, specifications and estimate of cost for the construction of said system of sanitary sewers in said Sewer District No.12-DI? 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.12-D� and are by the Council ordered filed in the office of the City Clerk of the City of Cape Girardeau Missouri. SECTION 3. That the estimate of cost for the construction of said system of sanitary sewers in said Sewer District NoJ 2-D above r .`:ex_ . d to is hereby approved and adopted by the Council as the estimate of cost for the construction of said system of saniteLry sewers in said sewer District No.12-DV 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 presentation 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 all other necessary appurtenances be established, constructed and maintained in said Sewer District No.12-Dl� 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 Ne.12-DD 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.12-DI; and all of said sewers including manholes, outlets, branches, laterals and appurtenances, shall be constructed and completed of the material and dimensions and on the location, and according to the manner of construction, and in all other particulars in accord- ance 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 corporations 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 Clerk of Cape Girardeau, Missouri, and marked "Proposal for Sanitary Sewers in Sewer District No.12-D1' 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 perform the obligations of said bid, whereupon said check shall be returned to said bidder. SECTION q. The City Council will meet in open session at 2:30'P. M., C.S.T., on , and proposals of bidders will be considered at that meeting and at any subsequent meeting held by the Council for that purpose; Any bidder may be present at any such meeting and explain his bid in person. At such meeting as the Council may deem proper, '.Ile matter of awarding and making a contract for the construction of said system of sanitary sewers in said Sewer District Nol.2-DD, 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; SECTICN 10, All bids for the construction of said sanitary se -vers 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 complet- ion thereof, and shall indemnify the City of Cape Girardeau against any and all losses by reason of the violation of this orany other requirements of this ordinance. SECTION 12. No contract or award for the construction of said sewers shall be binding upon the City of Cape Girardeau until the person or persons to whom such contract shall be awarded shall enter into a written contract with said City specifying the materials to be furnished, the work to be done, and the price to be paid therefor, containing agreements and stipulations on the part of the 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 Noa2-DD, against 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, the Mayor of the City of Cape Girardeau acting for and on behalf of said City, is hereby authorized to execute in the name of the City such contract for the construction of said system of sanitary sewers in said Sewer District No32--DTA, with the person, firm or corporation whose bid has been accepted by the Council, in accordance with the provisions of this ordinance, SECTION 13. The delivery of the material for said system of sanitary sewers and the actual construction thereof shall be started one week after a written notice to proceed has been given by the City Engineer to the Contractor, and said work shall be carried on continuously and uninterruptedly at such rate as will insure the completion of said work of constructing said system of 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 Girardeau, by Acts of God, or by other cause entirely beyond the control of the Contractor, 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 No12-DD, 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. • e SECTION 13 A. That the City Council finds that right of way easements for said sewer system must be obtained over and acros,;= the property hereinafter described. The City Council further f nds that it i4ll be necessary to secure in addition to the easements described below, adjoining ground on each side there- of 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 dijsation of the construction 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 easements for access and working root,,. 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, itisso�ixi, to acquire the necessary right of way and access and working room egsements necessary for the construction of said sewer system. I. Part of the "odney 400 Am, en Tract in U. S. B. S. -No. 2199, described as fori ows: fi A strip of land 100 feet wide, the center !sane of said strip being described as follows; Begin at a point o in the west le of Commercial Street, 5 feet south of the southeast corner of a tract of land as said tract is described in a deed to la cy Roper and recorded Li Book 166 at nage 612 in the land records of Cape Girardeau County, , ssouri; thence N= 79 23 ,, para,1 e? to the south line of aforesaid tract, 1300 feet and there to mi a_ating. 2. Pat of the R.odney L,000 Arpen Tract in U. S. P. S. No. 2199, described as fol" A stria of land 100 feet wide, the center line of said strip being described as follo-vrs; Begin at a point S. 10* 371 W., 5 feet from the northeast corner of a tract of land as said tract is described in a deed to R. Bippold and recorded in Book 172 at page LC3 in the land records of Cape Girardeau County, -Missouri; thence N. 79" 231 1st•., parallel to the north line of aforesaid tract 200 feet and there terminating. 3. Part of the Rodney V0000 Arpen Tract in U. S. P. S. No. 2199, described as follows: Begin at the northwest corner of a tract of Mand as same is described is a. deed to James F. Stovall and recorded in Book 2200 at page 622 in the land records of Cape Qirardeau County, -�,Iissouri, said corner beim on the east line of Comnercial Street; thence S. 10, 37' W., along the east line of Co ercia`l Street, 200 feet; thence S. 79* 231 E., 200 feet; thence N. 100° 371 ., 20 feet; thence N. 79' 23' W., 200 feet to the beginning corner. (,Hvote: the above described tradt is to be used as the site for a sewage ]rift station] • C a SECTION 14. That as soon as the work of constructing said system of sanitary sewers in Sewer District NdL2-DD, as hereiLn provided for, shall have been com- pleted under the contract let for that parvose 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 performerl 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 concerning 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 satisfied that the whole of said contract has been substantially complied with shall by resolution, or otherwise, declare its acceptance and approval of said works 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 and estimate of cost for the construction of said system of sanitary sewers in said Sewer District No.12-D4 in. --and for which said sewer system shall have been constructed in the proportion which the respect- ive 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 NoA2-=DD . 2. The aggregate area of the entire territory included in said system of sanitary sewers in Sewer District No 12 -DD, exclusive of public highways, 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.12-DIS, 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. 5'14 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 soom 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-DD, as above described, which tax bills shall be pay- able from and after 60 days after the date of issue, with interest from such date at the rate of eight (8) per cent per 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 sewer: were constructed in said Sewer District NoJ 2 -DIS 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 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 gray 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 rioted 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. TiJhen 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 endangered by the present sanitary facilities existing in the territory above described as Sewer District No.12-, 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 Missouri 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 FGA day .1 s 196`5 Second and third readings given this A f day of ® , 190 - and — and said ordinance finally passed and approved. Mayor Attest: v_.ty Cler- ,.