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HomeMy WebLinkAboutCommForm.1529.08-23-1954COMMISSION FORM ORDINANCE NO. AN ORDINANCE ADOPTING PLANS AND SPECIFICATIONS AND ESTIMATE OF COST FOR THE CONSTRUCTION OF A SYSTEMS OF SANITARY LATERAL SEWERS TO BE USED IN THE DISPOSAL OF SANITARY SEWAGE IN THE TERRITORY DEFINED AS SEWER DISTRICT NO. 12-B-1, AiSUBDIVISION OF SANITARY.TRUNK SEWER DISTRICT NO. 12-B, SAME BEING A PART OF SEWER DISTRICT NO. 12iAN THE CITY OF CAPE GIRARDEAU, MISSOURI, PARTICULARLY DESCRIBED IN COMMISSION FORM ORDINANCE NO. 1153, OF THE CITY OF CAPE GIRARDEAU, MISSOURI, PASSED AND APPROVED ON THE 26TH DAY OF MAY, 194$3 SAID PLATS, SPECIFICATIONS AND ESTIMATE OF COST HAVING BEEN PREVIOUSLY PREPARED BY JOHN R. WALTH"ER, CITY CONSULTING ENGINEER, PREVIOUSLY SUBMITTED TO THE CITY COUNCIL, ORDERING THE CONSTRUCTION OF SAID SYSTEM OF LATERAL SEWERS IN SAID DISTRICT IN ACCORDANCE WITH THE 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 SEWER SYSTEM, AND AUTHORIZING THE INSTITUTION OF CONDEMN- ATION SUITS, IF NECESSARY, TO ACQUIRE THE NECESSARY RIGHTaOF-WAY AND GROUND ADJOINING SAID RIGHT-OF-WAY FOR WORKING ROOM, PROVIDING FOR THE LETTING OF THE CONTRACT FOR THE WORK OF CONSTRUCTION OF SAID SYSTEM OF LATERAL 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 SYSTMA OF LATERAL SEWERS IN SAID SEWER DISTRICT NO. 12-B-1, AS DESCRIBED IN SAID PLANS AND SPECIFICATIONS, EXCLUSIVE OF PUBLIC HIGHWAYS, STREETS, ALLEYS AND PUBLIC PROPERTY, EXCEPT AS PROVIDED IN SAID PLANS AND SPECIFICATIONS, AND DIRECTING THAT SAID TAY 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. 1153, on the Kith day of May,1948, by the terms of which ordinance the territory embraced within the City of Cape Girardeau was subdivided into thirteen sewer districts, namely Sewer Districts No. 1, 2, 3, 4, 5, 6, 7, 8, 92 102 11, 12 and 13, inclusive, and WHEREAS, the Council heretofore has approved plans and specifications for the construction of a system of sanitary trunk sewers in Sewer District No. 12-B, a subdivision of Sewer District No. 12, and has ordered the construct- ion of said trunk sewers by ordinance, and WHEREAS, the Council deems and declares it necessary that a system of sanitary lateral sewers be constructed in Sewer District No. 12-B-1, a part of said trunk Sewer District No. 12-B, without delay, in order that the sanitary conditions existing in said territory be improved, and WHEREAS, the City Council has previously ordered the City Consulting Engineer to prepare detailed plans, specifications and estimate of cost for the construction of said lateral sewers in said Sewer District No. 12-B-1, and said plans, specifications and estimate of cost have been prepared and submitted to the Council by said Engineer, 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 sanitary lateral sewers in Sewer District No. 12-B-1, hereinafter described, being a part of Sewer District No. 12-B, a sanitary trunk sewer district heretofore established by ordinance as a subdivision of Sewer District No. 12, the latter being defined by Commission Form Ordinance No. 1153, passed and approved on the 26th day of May, 1948, and it hereby further declares that all of the land embraced within the territory lying within said Sewer District No. 12-B-1, as described in the plans prepared by the City Consulting Engineer and previously submitted.to the Council, will, exalusive of public highways, streets and alleys not designated by said plans as benefitted thereby, be benefited by the construct- ion of such sewers as hereinafter provided for in Surer District No. 12-B-1. That the boundaries of said Sewer District aro. 12-B-1 shall be as follows: Start at the northwest corner of what is known as the southeast quarter of Outiot 80, in U. S. P. Survey No. 2199; thence S. 8° W., with the west line of said southeast quarter of Outlot 80, 39 feet to the intersection with the east right-of-way line of U. S. Route No. 61; thence with said east right-of- way line, S. 28° 55' E., 178.6 feet for a point of beginning; thence south with said east right -of -:ray line to the north right-of-way line of U. S. Route 61, City Route, called Broadway; thence east with the north right-of- way line of said City Route, called Broadway, to the center of Walker Creek; thence north with the center of Walker Creek to the north line of the old Cape and Jackson Gravel Road, now Kingsway Drive; thence east along the north line of Kings -way Drive to the west line of Clark Avenue; thence north along the west line of Clark Avenue, to the northeast corner of Lot 8, Block 4, Wulfer's Subdivision; thence west along the north line of Block 4, to the northwest corner of Lot 1, Block 4; thence south along the west line of said Lot 1, to the south- west corner of Lot 1, Block 4; thence west to the northwest corner of Lot 93 Block 1, Wulfer's Subdivision, being on the east line of Block i, Golladay Addition; thence north along the east line of Block 1, Golladay Addition to the northeast corner of Block 1, Golladay Addition; thence west along the north line of said Block 1, to the northwest corner of said Block 1; thence south along the west line of said Block 1, 40 feet; thence west with the north line of Block 2, Golladay Addition to the northwest corner of Block 2; thence south along the west line of said Block 2, to the southwest corner of said Block 2; thence east along the south line of Block 2, 56 feet; thence S. 8' W., 40 feet; thence S. 20° 32' W., 100 feet; thence N. 85° 26' W., 133.3 feet to the center of Walker Creek; thence N. 20 56' W., 29.5 feet; thence N. 12' E.; 50 feet; thence N. 80 E., 29 feet; thence N. 82° W., 153.2 feet; thence N. 80 E., 120 feet; thence N. 82° W., 40 feet; thence N. 64° 271 W., 109.2 feet; thence N. 190 11' E.., 124.5 feet; thence N. 82° W., 80 ft.; thence N. 8° E., 60 feet; thence N. 78° 30t W., 152 feet to the point of beginning. SECTION 2. That said plans, specifications and estimate of cost for the construction of said system of lateral sewers in said Sewer District No. 12-B-11 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 lateral sewers in said Sewer District No. 12-B-1, and are by the Council ordered filed in the office of the City Clerk of the City of Cape Girardeau, Missouri. SECTION 3. The estimate of cost for construction of said system of lateral sewers in said Sewer District No. 12-B-1, above referred to is hereby approved and adopted by the Council as the estimate of cost for the construction of said system of lateral sewers in said Sewer District No. 12-B-1, and it is hereby ciaered,by the Council that the total cost of construction of said sewer system shall not exceed the amount of said engineer and no contract herein authorized shall be let for the construction of said sewer 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 necess- ary for the construction of said sewers. SECTION 4. Said plans, specifications and estimate of cost, together with the profile and £orm.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 said form of contract. SECTION 5. It is hereby ordered and directed that a system of lateral sewers for the removal of sanitary sewage only, including manholes and all other necessary appurtenances be established, constructed and maintained in said lateral Sewer District No.1VB ,1 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 for said system of lateral sewers made by said City Engineer . and heretofore referred to and made a part of this ordinance. SECTION 6. The said plans, specifications, estimate of cost, profile and forms of contract for said system of lateral sewers in said Sewer District No.17-5;I 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.32-B'15 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 accordance with 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 upon 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 privately let in harmony with the provisions of Sections 88.497 to 88.647, Revised Statutes of Mlissouri for 1949, including particularly Section 88.600 thereof 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 corporat- ions 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 4 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 kayor and City Council of Cape Girardeau, Missouri, in care of the City Clerk of Cape Girardeau, Missouri, and marked "Proposal for Sanitary Lateral Sewers in Sewer District No.12-&-1.16 SECTION 8. Each proposal shall have enclosed with it a certified check on a bank 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 Girard- eau, 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 9. The City Council will meet in open session at 2:30 P. dpi„ 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, the matter of awarding and making a contract for the construction of said system of lateral sewers in said Sewer District No.12>B-1, 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 e7�Dressly 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 ander the contract provided for herein. The City of Cape Girardeau reserves the ;sight to reject any and all bids for the construction of the system of sewers -rein provided for. SECTION 10. All bids for the construction of said lateral 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 or any 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,ard the price to be paid therefor, containing agreements and stipulations on the part of the contractors to furnish said materials and to complete the work of constr- ucting 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 accord- ance 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 cont- ract price. Said bond shall be conditioned as provided by law and further con- ditioned that said contractor will fully guarantee and indemnify the City Council, the City and said Sewer District No.11-5-1, against any and all damage or loss which might in anywise result from the connection of the City with said Contract- or by reason of said contract, or by reason of his failure to fully and faith- fully carry out the provisions of said contract, or by the 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 Mlayor 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 lateral sewers in said Sewer District No.17-5'1 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 lateral sewers and the actual construction thereof shall be begun one week after written notice to begin shall have -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 lateral sewers on or before the day of , 19 . Should the work, however, be delayed or interrupted by the City Council or officers of the City of Cape Girardeau, by kcts of God, or by any 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 City Council, or against said Sewer District No.12-6-1, for damages or for loss of anticipated profits, or any other 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. ,CTION 13-A. That the City Council finds that a right -of -gray easement for said sewer system must be secured over and across the following described property: 1. A strip of land 10 feet wide off the North side of Lot 4, Block 1, Wulfer's Subdn. 2. A strip of land 10 feet wide off the 'nest side of Lot 5, Block 1, -Wulfer's Subdn. 3. :r n IT 10 n n m it n Lot 61 It n n 4. n m n 10 m m n n rr Lot 7, It m n 5. m m m 10 n n n n m Lot g, n n n 6. n n n 10 n n n n tt Lot % m m m 7. Part of Lots 1 and 2 of Margaret Walker's Subdivision of Outlot 60, in U. S. P. Survey No. 2199, described as follows: Begin at the Northwest corner of Lot % Block 1, Wulfer's Subdivision; thence north along the west line of Lots 1 and 2, Margaret Walker's Subdivis- ion 200 feet; thence east parallel to the north line of Lot 9, Block 1, Wulfer's Subdivision, 10 feet; thence south parallel to the west line of Lots 2 and 1 of said walker's Subdivision, 200 feet to the north line of Lot 9, Block 1, Wulfer's Subdivision; thence west along the said north line, 10 feet to the point of beginning. 8. A strip of land 10 feet wide off the West side of Lot 7, Blk. 3, Wulfer's Subdn. 9. n n rs 10 m m n n m Lot 8, n u m 10. t n n 10 er n n n Lot 9, n is et 11. n n It 10 r n m n n Lot 10, m n n 12. m rr m 10 n m n n n Lot 11, m n n 13. n n m 10 n n n n n Lot 7, Blk. 4, n n 14. n rx n 10 m n m v e Lot 8, m n n The City Council further finds that it will be necessary to secure in addition to the above described property, adjoining ground on each side thereof for working room necessary during construction of said sewers, but that the easement secured for said 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 above described property for said right-of-way easement, together with the easement for working room, and in the event the City Attorney is unable to secure said right-of-way easement and working room easements for a reasonable price, authority is hereby ivea to the City Attorney to institute condemnation suits in the named on behalf of the City of Cape Girardeau to acquire the necessary right-of-way easements and working room easements necessary for the construction of said sewer system. SECTION 14. As soon as the work of constructing said system of lateral sewers in said Sewer District No.12 B 1, as herein provided for, shall have been completed under the contract let for that purpose and accepted and approved as aforesaid, 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 per- formed 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 sub- mitted 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, including the cost of right-of-way, and apportion land charge the same as special tax against the lots or tracts of land embraced by the plans, specifications and estimate of cost. and profi1.e for the construction 'of said system of lateral sewers in said Sewer District No.12-D-1, the district in and for which'the said sewer system shall have been constructed in the proportion which the respective areas of said lots or tracts of land bear to the areas of the whole district, exclusive of public highways, streets, alleys and public property, except that included within said district benefited by said plans, specifications, estimate of cost and profile therefor, and the City Engineer shall report such apportionment of cost to the said Council in writing, which said report shall include the, following: 1. The totaU cost of constructing said system of lateral sewers in Sewer District No. 17-5-J. 2. The aggregate area of the entire territory included in said system of lateral sewers in said Sewer District Pio.1Z B f, exclusive of public highways, streets, alleys and public property as 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 located chargeable with the cost of constructing said sewers in said Sewer District No.12-5-1, 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 sane. 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 Engineer shall, as soon as said report of the apport- ionment of costs 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, five (5) special tax bills, each for one-fifth (1/5) the amount of the special tax against each particular lot or tract of land in said Sewer District No.12-bl, as above described, which tax bills shall be pay- able respectively on or before one, two, three, four and five years after the date of their issue, with interest from date at the rate of ten (14) per cent per annum until paid. Each of said tax bills shall provide that if any one tax bill or i.nstallmentshall not be paid when due, then all of the remaining tax bills or installments against the same lot or tract of land shall become due and payable. SECTION 18. Said special tax bills shall be certified by the City Engineer and shall be attested by the City Clerk of said City under the seal of said City, and when said special tax bills are issued and delivered 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 in said Sewer District No.12-5,1J shall not exceed the Engineerts estimate of 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 tjjereon shall, in accord- ance 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.IZ-Yp-t, 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 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 Engineer 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, and deliver such book to the City Clerk and Cone etor of the City. The registrat— ion of such tax bills in such tax book shall contain the necessary data to comply with the lawful registration thereof and may include the following: i. The date of such tar, bill. 2. The name of the property owner against whom the 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 Car which said tax bill is issued. b. A reference to this ordinance by number. 7. At least an abbreviated description of the property described in such tax bill. 8.Such other information as may be deemed desireable or necessary. SECTION 22. The araount of any such tax_ bili issued in payment for said sewers and the accrued interest thereon may be paid to the City Clerk and Collector for the owner of 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 ontry 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 ta., bills shall be assigned,such assignment shall be noted on such special tax bills, and the assignee shall exhibit the sauce to the City Clerk and Collector,.who, shall, thereupon, upon the margin of such special tax bill, make an appropriate note of such assignment. SECTION 24. Ar en any owner of property against which such special tax bill shall be issued, shall pay to the owner of the tar, bill, the amount thereof, such owner shall endorse on the back of the 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 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 the receipt of such certificate, shall file the same and enter such payment . and shall also certify on the back of such 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 after payment by him of the cost of engineering and inspection, and all other cost of construction of said sewer system, and such tax bills shall aggregate in amount the total amount of his contract as computed, apportioned and charged by the Engineer of that City. 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.17.5.1, 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 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 16rhday of 4647" a7! , 196 Second and third readings given this Z3 day of .fiy�rfsf , 199-1and said ordinance finally pass -ad and approved. 4j -"t Attest: Mayor i.ty Clerk