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COMMISSION FORM CRDINANCE NO. 2 53
AN ORDINANCE ADOPTING PLANS AND SPECIFICATIONS FCR THE CONSTRUCTION OF A
SYSTEM OF SANITARY SEWERS TO BE USED IN THE DISPOSAL OF SANITARY SEWACE:'; IN THE
TERRITORY DEFINED AS SEWER DISTRICT NO.12-Ak, A SUBDIVISION OF SEWER DISTRICT
NO. 12 , IN THE CITY OF CAPE GIRARDEAU, MISSOURI, PARTICULARLY DESCRIBED IN
COMMISSION FORM ORDINANCE NO. 19421 OF THE CITY OF CAPE GIRARDEAU., MISSOURI,
PASSED AND APPROVED ON THE 25TH DAY OF AUGUST, 1958, SAID PLANS AND SPE CIFICAT-
IONS HAVING BEEN PREVIOUSLY PREPARED BY THE CITY ENGDJEER, PREVIOUSLY SUBMITTED
TO THE COUNCIL, ADOPTING THE ESTIMATE OF SAID ENGINEER FOR THE COST OF CONSTRUCT-
ING SANITARY Sh7RERS IN SAID SEWER DISTRICT NO.12-A4 AND ORDERING CONSTRUCTION 0:-'
SAID SYSTEM OF SANITARY SEWERS IN SAID DISTRICT IN ACCCR DANCE WITH SAID PLANS,
SPECIFICATIONS AND ESTIMATE CF 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 INSTITUTI&N OF CONDEMN-
ATION SUITS IF NECESSARY TO ACQUIRE THE NECESSARY RIGHT-OF-TjTAY 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, 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 SAID SYSTEM OF S41TARY
SEWERS IN SAID SEWER DISTRICT NO.12-A4 AS DESCRIBED IN SAID PIANS AND SIECIFICAT-
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 No. 1942, on the 25th day of August, 1958,
by the terms of which ordinance the territory embraced. *ithin the City of Cape
Girardeau, Missouri, was subdivided into thirteen sewer districts, namely Sewer
Districts Nos; 1, 2, 3, 4, 5, 6, 7, 81 9, 10, 11, 12, and 13, inclusive, and
WHEREAS, the council deems and declares it necessary that a system of trunk
sanitary sewers be constructed in Sewer District No -12-A4 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 No12-AA, 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 GIRtiRDEAU, 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.12-4A a subdivision of Sewer District N0.12 , 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.12-419a.s 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)2-AA, the boundaries of which shall be as
follows:
.Ai that part of Sewer District No. 12, in the City of Cape Girardeau, f%jisso'ari,
described as follows: Begin at a point c_s the N. line of Dopper Road, in Out s of Nio. 73a,
in U. S. P. S. No. 2199, from Which point the W. line of Patricia St., bears S. 8V 091 E•,
1115 ft.; thence N. 0* 251 E., 150 ft.; thence S. 52' 091 E., 250 ft. to the W. ,line of the
Cape Girardeau School District No. 63 tract; thence with the W. lane of said school tract
N. 0° 251 E., 210.4 ft.; thence X. 63' 391 E., 145.2 ft.; thence N. 26° 391 F;., 74.6 ft.;
thence N. 0' 391 E., 269 ft. to the ?T.vi. corner of said school tract and the S.W. corner of
Lot 7, Blk. 1, Hildale Estates; thence Ile. along the W. line of lots 7,3,9 and 10, Blk. 1,
Hi-Idale .Estates to the N.W. corner of Lot 10; thence E. along the N. line of Lot 10, 206.6
ft. to the N.E. corner of Lot 10; thence N. along the W. line of Lots 11,12 and 13, Blk. 1,
Hildale Estates to the N.W. corner of Lot 13, Bl".1k. 1, 1.1ildale Estates; thence . with the W.
line of Lot 13, extended, 100 ft.; thence E. parai l e f to the N. line of Lot 13, to the W.
line of Hildale Circle, extended; thence E. to a point on the E. lire of Hiluale Circle.,,
extended, said point being 120 ft. I -K. of the N. line of Thomas St.; thence E. parallel to
Thomas St., `30C ft. to the W. line of Patricia St., extended, thence in a S.E. direction
to a point on the E. line of Patricia St., extended, said point being 100 ft.. N. of the N.
line of Thomas St.; thence E. parallel to Thomas St., 120 ft. to the E. line of Gutlot 78a;
thence S. along the E. line of Out -lot 78a to the S.E. corner of Lot 1, BLk. 3, HJ-Idale
Estates; thence E. along the N. lire of Trotter Subdivision to the E. line of Dorothy St;
thence S. along the E. line of Dorothy St. to the K .W. corner of Lot 3, BLk. 1, Trotter
Subdivision; thence E. along the N. line of T of 3, Blk. ; , to the H.E. corner of Lot 3;
thence S. along the E. line of Lots 3, 2 and 1, Blk. 1, Trotter Subdivision. to a point 30)
feet S. of the N . line of said not i , BLk. 1; -thence W. parallel to the K. line of said Lot
1; thence S. along the W. line of Lot 1 to the S.W. corner of Lot 1; thence S. to a point on
the N. line of Lot 2, Elly. 5, Rodney lista to a point 138 ft. E. of the N.Y. corner of said
Lot 2; thence S. parallel to the W. line of Lot 2, 1503 ft.; thence W. parallel to the N. line
of Lots 2, 12 and 11, BLk. 5, Rodney vista to the W. line of Rodney Nista: thence N. 82' 30' W.
parallel to and 150 ft. S. of the 3. line of Hopper Road 240 ft. to a point on the E. line of
a tract of land in Cutlot 78b, as same is ,described in a deed recorded in Book 116 at page 382,
3n the land records of Cape Girardeau. County, Missouri; thence S. 7' 31' W., 330 ft., more or
less to the S.E. corner of said tract; thence S. 87° 51' ui`., along the S. :Line of said tract
30 ft.; thence S. 14 50' W. {said bearing coordinated with those found on the plat of Rodney
Nista, 9.3 ft.; thence with an S° 31' curve to the left 340.5 feet; thence S. 27° 10' E.,
3.9 ft.; thence with a 1$ 01' curve to the right, 405.0 ft.; -thence S. 23° 10' E., to the W.
line of Rodney nista; thence N. 3° z4' E., along the W. line of Rodney Nista to a point, said
point being on the extension of the N. line of a tract of 'sand in Lot 12, Blk-. 5, Rodney vista
as said tract is described in a deed to W. P. Devenport, and recorded in Book 166 at page 286,
in the land records of Cape Girardeau County, :assouri; thence E. with the extension of said
N. line of the Devenport tract and the K. line of said Devenport tract to the E. line of Lot
12, Blk. 5, Rodney -Vista; thence S. along the E. line of said Lot 12, 166.66 ft. ; . thence N. 83'
37' E., to a point, 15C ft. E. of the W. line of Lot 6, Blk. 5, Rodney Vista, measured perpen-
dicular thereto; thence S. parallel to the W. line of said Lot 6, to a point on the N. line of
a tract of land as described in a deed recorded in .Bock 172 at page 140 in the land records of
Cape Girardeau. Colanty, Iriissouri; thence, S. 75° 28' 4YT., to the W. line of said Lot 6: thence
continue S. 75* 28' W., 24 ft. to the M. W. corner of a tract of lard in Lot 12, Blk. 5, Rodney
Vista, as saws is described in a deed recorded in Ek. 201 at page 293, in the land records of
Cape Girardeau County, Kissoari; thence S. along the W. line of said tract to the N. line of
Lear Drive; thence S. to the N.V. corner of a tract of land in Lot 12, BLk. 5, Rodney Vista
as sane is described in a deed recorded in Book 159 at page 562 in the land records of Cape
Girardeau County, iiissouri; thence S. along the W. line of said tract 163.7 ft. to the S.W.
corner of said tract: thence N. 60° 23' E., 120.4 ft. to the S.E. corner of said tract on the
W. line of Redwood Ave.; thence in a S.E. direction to a point on the E. line of Redimod Ave.,
and the N.W. corner of a tract of land in Lot 7, BLk. 5, Rodney Vista as same -is described in
a deed recorded in Book 1$3 at page 55, in the land records of Cape Girardeau County, Missouri;
thence N. 63* 032' E., along the N. line of said tract 110..5 ft. to the IINT.E. corner of said
tract; thence S. 21' 311 E., 50 ft. to the S. line of Lot 7, Blk. 5, Rodney Vista; thence
N. 63° 02' E., to a point S. 63n 032$ n�., 603 ft. from the S.W. corner of Lot 5, Lear Sa divis-
ion.; thence S. 26* 5$' E., 115 ft. to a point on the S. line of Vista Lane; thence N. 63° 02' E.
along the S. line of Nista lane to a point which is 60 ft. W. of the N.W. corner of Lot 5,
Huff's Subdivision; thence S. 25° 43' E., 85 ft. to a point on the S. line of Lot &, B11C. 51
Rodney Vista, N. 63� 032' E.; $0 ft. from. the N. W. corner of a tract of land as same is describ-
ed in a deed recorded in rook 209 at page 231 Ln the land records of Cane Girardeau County,
1J issou.ri ; thence S. 63Q 02' W., along the S. line of said Lot 8, 374 to the E. Right-of-way
line of the former C. G. & N. R. R.; thence in a S.E. direction_ along the ,l, line of Lot 10,
and the easterly right-of-way lane of said railroad to a point which is 232 ft. S. 67 25' E.,
from the S. W. corner of Lot 2, Blk. 2, Rodney Vista; thence S. 22° 35' W., 1010 ft. to the
westerly line of the former said C. G. & N., R. R.; thence in a northwest direction along the
former railroad right-of-way line as same is shown on the plat of Rodney Vista to the W. lane
of Hodney Vista; thence S. 3° 47' W., along the vs. line of Rodney Vista to a point, said point
being 100 ft. W. of the center of said former railroad r=g t-of-VJay, measured normal thereto;
thence in a N. W. direction rara'L el to and 100 feet west of the f ollovrl-ra described line s
begin at the center of the former C. G. & K. R. R. right-of-way and the W. line of Rodney Vista;
thence 11. 23010' W., 250 ft.; thence -with a 1° 02' curve to the left 4C�0 ft.; thence N. 27° 10'
W., 3.9 ft.; thence with a 7° 25' curve to the right 391.4 ft.; thence N. 2° 081 E., ?= ft.,
.ore or less to the S. line of a tract of land as same is descri'oed in a deed recorded in Boob
116 at page 382 in the land records of Cape Girardeau Country, Y ssouri and kno-mn as the Rai -ph
Deiuund tract, and there terminating; nating; thence S. 87° 511 W., to a point from which the E. line
Of Gutlot `?8b hears �.. $2 3flB E. �C3 ft.; thence 1L. '� 31 W. to the S.E. corner of a
tract of land as same is described in a deed recorded in Book 112 at page 411, in the land
records of Cape Girardeau County, Missouri, and kno-v3n as the H. C. Campbell tract; thence
X. 82' 301 W. along the u. line of said. Campbell tract 366 ft. to the -sig. corner of said
tract; thence S. 74 30' W., 168 ft.; thence N. 82° 30' W., to the S.W. corner of a tract of
land as same is described in a deed recorded in Book 184 at page 469 in the land records of
Gape Girardeau. County, I,Iissouri; thence N. 7* 30' E., to the S. line of Hopper Road; thence
north 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-
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.12-4 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 sewer's in said Sewer District No. 12-,a,4. aboir; r -I. -i i—d 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.12-4and 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
tails 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.12-44 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 for Sewer District No.12.-4 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.'=2-i'
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.
6
CTION 9. The City Council will meet in open session at x.36 P. M., C.S.T.,
on-L�, 4, /P7 & , 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, '."Ie ;natter of awarding and
making a contract for the construction of said system of sanitary sewers in said
Sewer District No.12- . 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 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 No.12-A4 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 *f said system
of sanitary sewers in said Sewer District No.12-A4 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 ®f 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 No.12--Uy 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 completior.
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 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 duration 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 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. Part of what was originally the C. G. &.N. R. R. right-of-way, as shown on the
plat of Rodney nista, described as follows.
k strip of land of varying widths lying on each side of the following described
center lime:
Beginning at a point on the S. E. line of IM 71 Blk. 2, Rodney nista, same being
the X. E. right-of-way of said R. R., being 232 feet E. of the E. line of Charles
Street; thence N. 80° 161 gid'., 280 feet, said land lying $ feet on each side of said
center line; thence N. 56' 561 W., 225 feet, said land lying 10 feet on the left side
of said center line, and on the right side of said center line to the N.E. right-of-may
line of said ? �. R., at the terminus of Charles St . , and with said X.E. right-of-way line
a distance of 20 feet; thence 25 feet on the right sine of said center eine 205 feet;
thence N. 65" 49' W., 176 feet, lying 10 feet on the left side of said center line and
25 feet on the right side of said center line for a distance of 35 feet, and thence 10
feet on the right of said center line a distance of 141 feet; thence K. I;.9ffi 481 W., 315
feet, lying 10 feet on the left side of said center line and 10 feet on the right side
of said center line 305 feet to a point which is 10 feet south of the center of nista
lane, extended, then on the right side of said center line to the N.E. right-of"way of
said R. R. and the terminus of Visna lane, then with said right-of-way line a distance of
10 feet to the center of nista lane; thence N. 33° 16' W., 30€3 feet, lying 10 feet on the
left side of said center line, and on the right side from the terminus of Nista Lane a
distance of 10 feet and then on the right side of said center line 10 feet a distance of
290 .feet; thence A 330 16' W., a distance of 278 feet, lying 10 feet on the left side of
said center line and 10 feet on the right side of said center line; thence X. 23° 10i* W.,
21.1 feet to the gr . line of Rodney Vista, lying 10 feet on the right and left sides of
said center lie, and there terminating. Also a strip of land 20 feet wide lying 10 feet
on each side of the following described canter line. Begin at a point on the center of
the former C. G. & N. R. R. right-of-way heretofore described, from which point the west
line of Rodney Vista bears X. 23' 101 W., 24.1 feet; thence in a S.E. direction to a
point on the center of Sharon lane, said point being 5 feet N. of the S. line of ;..year Drive.
2. fart of lot 11, Block 5, Rodney nista described as follows: A strip of land 20 feet
wide, the center line of said strip being described as follows: Begin at a point on the
center of the former C. G. & N< R. R. right-of-way from which the W. line of Rodney Vista
bears N. 23° 101 W., 24.1 feet; thence in a S. E. direction to a point on the center of
Sharon sane said point being 5 feet N. of the S. line of Lear Drive.
3. Bart of Outlot No. 78b, in U. S. B. Survey No. 2199, described as follows:
A strip of land 20 feet wide lying 10 feet on each side of the following described^
center line: Begin at a point on the W. line of Rodney Nista on the center Nine of
the former C. G. & N. R. R. right-of-way as same is shown on the plat of Rodney nista.,
from which point the most line of Rodney nista bears N. A 47r E.; thence N. 23* 101 W.,
775.9 ft.; thence K. OF 44' W., 292 feet, more or lessy to the south line of the
Ralph Deimund tract and there terminating.
Le Part of Outlot 78b, in D. S. P. Survey O- 2199, described as follows:
A strip of land 20 feet gide lying 10 feet on each side of the follow=ing described
center line: Begin at a point on the S. line of Hopper Road, 370 ft-, N- $2* 30' A,
of the E. line of Oudot No. 75b; thence S. Y 0$1 ., 390 feet; thence S. W 441 E•,
49 feet, more or less to the S. line of the Ralph Deim nd tract and there terminating.
5. Part of a tract of land in 0utlot 78a, in U. S. P. Survey No. 2199, as said tract
is described in a deed recorded in Book 209 at page 343, in the land records of Cape
Girardeau County, hi.ssouri, described as follows:
A strip of land 20 feet wide lying 10 feet on each side of the following described
center line: Begin at a point on the S. side of said school tract on the north side of
Hopper Road, from, which point the W. lane of Patricia Street bears S. 82' 09' E., 395
feet; thence N. 140 221 W., 324 feet; thence N. 2° 071 W., 352 feet; thence N. 544 20' W.,
228.1 feet to a point on the N. line of said school tract, from which point the S. E.
corner of let 7, Blk. 1, Hi.ldale Estates bears S. 82' 09t E., 54.6 feet, and there
terminating.
6. Fart of Bots 7, 8 and 9, Block 1, Hildale Estates described as fof?owsz
A strip of land 20 feet wide lying 10 feet on each side of the -f'ol l owing described
center lines Begin at a point on the 6. line of Bot 7, N . $2° 09 ° VF. , 54.9 feet from the
S. B. corner of Lot 7, thence ;,{ . 9' 23 ; W., 352 feet to the N. line of Lot 9, and #.here
terminating, also, a strip of land 10 feet wide S. of and adjoining the N. line of Lot 9,
Blk. 1, Hildale Estates.
SECTION 13 B. That the work to be done in the construction of sanitary tru.nk sewers
in Sewer District No. 12 -LI, shall be as follows:
ill work of construction shown on the plans for said Sewer District No. 12-. .,
beginning at %Fanhole No. 90, in Sewer District No. 12-0, to Manhole No. 1 sho -n on the
plans and continuing from Manhole No. 1 to Manhole No. 15, inclusive, including a?3
necessary pipe, ?manholes and appurtenances shown on the plans for said sewer district.
SECTION 14. That as soon as the work of constructing said system of sanitary
sewers in Sewer District No.12-Ak as herein provided for, shall have been com-
pleted under the contract let for that, p7 Nose and acoepted 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 performed
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 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 and estimate of cost for the construction of
said system of sanitary sewers in said Sewer District No. 12 -AA iia_ -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 No.12-AA.
2. The aggregate area of the entire territory included in said system
of sanitary sewers in Sewer District No.12-A4 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 charcle with the cost of constructing said sewers in Sewer
District No.1T-abunder 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.
51 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.12-14 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 (b) 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 bilis 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 bi11 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 sewery
were constructed in said Sewer District No.12-4 Such special tax bills delivered
to the contractor, as aforesaid, shall be assignable or collectible by the holder
-Ahereof 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, Ydasouri, 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. ;1Ihen 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.
I. 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 billsy 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. Nhen 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.
SEC^1ION 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 -AA 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 � % day of CU -A-111, 196
Second and third readings given this day of
and said ordinance finally passed and approved,
Mayor -
196 �,
Attest:
Cle-r"-