HomeMy WebLinkAboutCityMgrForm.751.02-21-1973 • . . - • , � '.� .
CITY N�NAGER FOR2�'� OR.DIPdANCE N0. ���
AN ORDIPJAIvCE ADOPTIT?G PLANS AND SPECIFICATIONS FOR THF CONSTRUCTION OF A
� SXSTEP� OF SANITARY TRU:dK,T RS TO BE USED IN THE DISPO5AL OF SANITARY SEWAGE
IN THE TERRITORY DEFINED A�1�+r�1ER DISTRICT NO.1�B 'c 15�1 A SUBDNISION OF SEWER
DISTRICT N0. l� ��c Z5, IN TF3E CITY OF CAPE GIRARDEAU, MISSOURI, PAR.TICULARLY
DESCRIBEU TA1 COMMISSION FORP�7 ORDINAPICE N0. 1942, OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, PASSED AND APPROVED ON THE 25th DAY OF AUGUST, 195g, ATTD CITY MANAGER
FORM ORDINANCE N0. 1g2, PASSED 1�ND APPROVED ON THE 1gth D1�Y OF OCTOBER� 1967, SAID
PL�.NS AND SPECTFICATTONS HxVING PREVIOUSLY BEEN PREPIzRED BY THE CTTY ENGINEER,
PR�ViOUSLY SUBMITTED TO THE COt7DiCIL IiDOPTING T� E�"TIMATE OF SkID ENGINEER FOR
THE COST OF C:OTISTRUCTIDIG �}�`� �l�'��'X SEWERS IN SAID�a�EtisrER DISTRICT N0.l�`7�'�r1.5'� AND
�t����
ORUERIP�G C0:?ST�UCTIO�? OF SAID SYST��i OF � '`��� ' �� SEGIERS IN SbID DISTRICT IN
t�CCORDANCE �v1TH S«ID PL.'.�d5, SPECIFIC�".TION ���I� � ESTIPZ'.TE OF COST' l�UTHORIZING THE
CITY .'�TTORNEX TO NEGOTIATE FOR RIGHT OF ?:t��Y .'�ND EaSEl"IENTS OVER Ul".RIOUS TR�iCTS .`�ND
P.hRCELS OF I,AND NEC�SS.`�RY �'OR THE CODTSTRUCTION OF S�:ID SEWER SYSTEM, ILND l�UTHOR-
IZ2AT� TH� IN5TIT'JTION OF CONDEP�iNf�TIOTT SUITS IF NECE5S�".RY TO 1`�CQUIRE THE NECESS�;RY
RTGHT OF UJ��Y �.ATD GROUND �"►DJOINING SI'�ID RTGHT OF ti�l,Y FOR WORKING ROOM� PROVIDING
�'OR LETTII�?G THE CONTR.',CT FOR THE WORK OF CONSTRUCTION OF S:�ID SYSTEM OF SAI�ITTAR.Y i'FI1?V`t�
SEWERS, DIRECTING THl,T S:�ID SEWERS BE P1�ID FOR BY TfiE ISSULA?CE OF SPECII�L Tl.X BILLS
TO BE �PPORTIONED 1�ND .R.GED ��G1�INST I�"E LOTS i�ND TRLCTS OF I.11ND �MBRIsCED WITHIN
St,ID SYSTEM �F ���11 n�'� SEGIERS IN Si:��WER DISTRICT N0.l�B:�1.5A `�� I,S DESCRIBED
IN S��ID PLliNS 1�ND SPIECIFICl,TIOI�TS, EXCLUSIVE OF PUBLIC HIGHZ�i:�YS9 STREETS, I,LLEYS
1.ND PUBLIC PROPERT� ��CEPT AS PROVIDED IN SI,ID PLkNS I,ND 5PECIFIC��TIONS, l,n?D
DIRECTING THI�T 51�ID T.'�X BII,LS BE ISSITED I�CCORDINu TO L�'�W I.P1D CONTl�IA1ING I,N
E��'lERGENCY CLliUSE.
WHERF�1.5, the said Council having been heretofore duly authorized by the vote
of the people of the City at an election held for that purpose, passed and approved
Commission Form Ordinance No, 1942, on the 25th day of I.ugust, 195�, by the terms
of which Ordinance the territary embraced within the City of Cape Girardeau,
Missouri� was subdivided into thirteen sewer districts, namely Setaer Districts
No. 1 , 2, 3, 4, 5, 6, 7, �, 9, 1�, 11 , 12, and 13, inclusive, and Sewer Districts
No, 11� and �5, as described in City Manager Form Ordinance No. 1g2, passed and
approved on the 1�th day of �ctober, 1967, and
WHER:�I�S, the Council deems and ,d�clares it necessary that a system of sanitary
trunk sewers be constructed in��wer District I�To�.�8'l5A a subdivision of Sewer
District No.l°� '� 15 , without delay, in order that the sanitary conditions existing
in said terri�ory be improved, and
WHEREI�S, the City Council has previously ordered the City Engineer to prepare
detailed plans, specifica���ns and estimate of cost for the construction of said
�rni�ary sewers in said� ewer District No,l�JBx1.5A , and said plans, specifications
an�estimate of cost have been by said En�ineer prepared and submitted to the
Council for approval, NOW THr�REFORE,
BE IT ORDGINED BY THE CITY COUNCIL OF THE CITY OF C1�PE GIRl�RDEkU, MISSOT_zRI,
kS FOLLOWS:
SECTIflN 1. The Council hereby deems and declares that a public necessity
exists�.for the construction and maintenance of s system of sanitary trunk
sewers in�ewer District No1��7-5A , a subdivision of Sewer District No, l� & 15
as defined in Commission Form Ordinance No. 19l�2, passed and approved on the 25th
day of l:ugust, 195g, and Cit,y Manager Form Ordinance No. 1�2, passed and approved
on the 1$th day of October, 1967, and it hereby fu the declares that all of the
land embraced within the territory lying within sa��l�ewer District No.lOB�c1.5A as
described in the plans, specifications and estimate of cost prepared by the City
Engineer and previously submitted to the Council� will� exclusive of public high-
ways, streets and alleys not designated by said plans, specifi_cations and estimate
of cost as benefitted there��.�be benefitted b,y tt�e constr�lction of such sewers as
hereinafter provided for in`��ewer District No. 103 'c 15A.
That the boundaries of sa.id �ewex� District No,l�B�15A shall be as follows :
Joint
;��'� Begin at the northeast corner oi Lot 1, Block B, St. Vincent's r'ark, i.n t`.,,e
center of Timon ��day; tnence north, perpe�dicular to t�e cer.ter of Tir�on ;day, 2��00
.feet to the north bou_ndary line of SeUrer �istrict '_`do. 10, same being tne seuth Iine
oi SeUrer District ido. 15; �hence in a nort!�easter?y ��irection along the said north
li:�e of Sewer �istrict Vo. l� to the center of De Faul Lane; �hence north along
�he center line of l�e raul Lane to its intersection wi�h a line dra�m parallel ta
� • . .r 'I • i r , r • .
an� 2�J0 feet north of the center line of Country Club Drive, extended west; thence
east alon� said line, drawn parallel and 20� feet north of the center line of
Countrj� �lub Drive to its intersection with the west Iine of a tract of land in
Lot 11, Block D, Country Club Place, as sar.:e is r�escribed in a deed recorded in
�ook 234 at Page 1�2, in the land records of Cape Girarde�u County, �lissouri, at a
point ?0� feet nor�h of t�e extreme sout� corner of sai� trac�t; thence in a north-
east direction to the northeast corner of Lot 11, 31ock �, Country ��lub �'lace;
thence in an easterly direction along the nort� line of tracts described in deeds
recorded in 3ook 73 at i'age 249, and in 3oo':t �5 at Page 5�33 in the land records of
Cape Girardeau Cour.ty, I��:issouri, to the west line of Cape �.ock Dri.ve; t�ence south
along the west line �f Caz�e Rock Drive to its intersectian with the 19�5 north
eorporate lir.�its of Cape Girardeau, ?�sssouri, same bei_�g the north boun�ary line
of Sewer t�istrict ::do. 10; thence s�rest with said cor�orate li-^.its to the center of
Country Club i7rive, same being the east Iine of Lot 5, Bloc'� J, Cape :�ock T�-iills;
thence sout� alon� the east line of said Lot 5 to t?�e center line of Cape �.ock
:��oad; t!�ence west alon� the center Iine of Ca�e �.oc� Road to �^e nor�neast corr.er
af �0'� �� =Block I, Cape .Rock :3ills; thence sout%� along the east 7.ine of Lot 3,
20� feet; thence in a soutr:westerly direction, parallel to and 2��a feet south of
the center line of Cape �.ock Road, measured norrr,�l thereto, to a point in Lot 3,
r3lock �, Cape Rock =?iZls, at which poir�t it intersects the extreme east boundar,y
line of Jo�nt Sewer District <�to. �-F and l�-A, extended south; thence nort� and
west alon� the said boun�?ary line of Joint Sewer District z�1o. 8-r and l��-A, to
the center li.ne of Vincent Avenue; thence north and east alon� the cer_ter line of
Vincent �venue and Timon Way 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 rTo•1�3'15A �
above described, and previously submitted to the Council are hereby approved and
adopted as the plans, specifications� estimate of cost for the construction of
said system of sanitary sewers in sai��Sewer District No. 1�B::',15�, and are by the
Council ordered filed in the office of the City Clerk of the City of Cape Glrardeau,
P�Iiasouri.
SECTION 3. That �,.�stimate of cost for the construction of` sald system of
sanitary sewers in sai�-�ewer District No. 1�3?c15A� above referred to is hereby
approved and adopted by the Council as t estimate of cost for the cons�truction
of said system of sanitary sewers in sa�i��awer District r1o.l�B��c15A , and it is
hereby ordered by the Council that �he total cost of construction of said sewer
system shall not exceed the amount of the estimate of said engineer and no contract
herein autharized shall be let for the aonstruction of said sewer system which
calls far 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 necessar� for the construction of said sewers,
SECTION !�, 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 C�erk of said City is hereby
directed to place her file marks over the off icial signature on this date of pres-
entation and first reading of this ordinance on said plans, specifications and
estimate of cost, and on said profile and on the form of contract.
SECTION 5. It is hereby ordered and directed that a system of sanitary aewers
for the removal of sanitary sewage only, including manholes and �, other necessary
appurtenances be established, constructed and maintained in sai� ewer District No.
l�B:s'15A � 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, estim�,te of cost, profile and
form of contract for said system of sanitary sewers in said Sewer District No. 1 �; ?i ?5;
shall be safely kept and preserved for future reference and the same shall be
deemed, held and cons� �d for the basis of the sewers which are by this ordinance
ordered constructed for�ewcr D�Strict No, 1��c�1.SA, and a11 of said sewers includ-
ing manholes, outlets, branches, laterals and appurtenances, shall be constructed
and eompleted of the material and dimensions and on the location, and according to
the manner of construction, and in all other particulars in accordanco with the
said plans' specif ications, estimate of cost, and profile and all bid.s, 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 herain provided for, including all
parts and appurtenances covered by said plans, specificstions, 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 ��, of the Revised Statutes of Missouri,
and all bids or proposals for such construction work shall be made on printed or
mimeographed forms furr�ished by the City Clerk to all persons, firms, or corpora-
tions desiring to bid on such construction. Prospective bidders desiring to
examine said plans, specifications, estim�te of cost, profile and form of contract
for said work may do so upon depositing with the Cit� 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 �ddressed to the M.ayor and City Council of Cape Glrardeau,
Missouri, in care of th� City C�. � of Cape Girardeau, I�Iissouri� and marked
"Proposal for Sanitary Sewers in-5etirer District No, la3?•l5� . "
SECTION �. F�,ch proposal shall havic enclosed with it a certified check or
bid bond satisfactory to the City Council in the amount of Five Hundred Dollars
�D 500.00), said check to be made payable to the N?ayor 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 aw�rded the contract therein applied for,
without delay execute a proper legal contract and bond as r�uired by law, and
otherwis� preform the oblig�.tions of said bid, wl��s�eupon said check shall be
returned to said b�dder.
7:3�
SECT201'd 9. The City Council wi11 meet in open session at��'.� P.�.� C.�.T. ,
on and proposals of bidders will be considcred
at that mec in� and at any subsequent meeting held ti�y the Council for th�t purposc.
An.y biddc�r may be presont at any sueh meeting and explain his bid in person. At
euch meetin� �s the Counoil may deem proper, the matter of awarding � .mr,�sin�; �
contrr�et for the construction of said system of sanitary sewers in sa���wer
District i'1o. 1��c15A , may be �cted upon by the Council and the final action takc.-r..
by the Council will be according to its best judgment and d9.scretion after fu11
consid�:ration. No bidder will bo considered by the Council unl�ss the bidder
expressly stipulates in his proposal that he t-aill accept special t�x bills issued
in accordance with the l�i•r and ordinances of the City in full payment for the work
under contract provided for herein. The City of Cape Girardeau reserv�s th� right
to reject any and all bids for tho construction of the system of sewers h�rein
provided for.
S�CTIOAI 10. Al.l bids for the constructior_ of s�id sanitary sewers shall be
considered and held as su'�ject to the provisions and requirements of this orc�inance
which shall be deemec3 and taken to be a part of any contract let for said work.
SEC�'IOTd 11. The Contractor or Contractors to whom the contract shall be
awarded shall at his or their own costs �nd expense, providc lights, guards, fences�
barric�dos and other proper mtans to protect persons �nd prop�:rty Pr�m 3.njury and
damt�ge on aceount of s�id work from the commencement �o the completion thereof, �nd
shall indemnify thQ City of Cape Girt�rde�u against any �nd all losses by reason of
tho violation of this or any other reguirements of this ordinance.
SECTIO?�T 12. That the Prevailing Hourly T��age RatQ as determined by the
Department of Labor and Industrial Relations for the publio works project in G,1a�e
Determination 110. i!,ooz , is attached Plereto and made a part of this ordinanc�
by roference. Th�t the City of Cape Gir�ard�uu is authorized to contract f'or this
public works pro�ect with a Contractor who will pay his workmen the Prevailing
Hourly Ra-ce of Wages for each type of work�n �s dctermined in fja�e Detcrmination
P1o./�ooy�- , who wi].1 agree to comply wiLh alI provisions of the i'revailing 'rage
Law, and who is not prohibited by the provisions of the Prevailing �nTage Law from
contracting with the CitJ on � pu`�lic works project. That prior to the final
payment to be made to the Contractor, the City of Cape Girarder�u will require that
the Contractor file an Affidavit stating that th� Contractor and all his Subcon-
tractors have fully compli�d with the provisions and requirements of' the Frevailing
T�l�ge Law.
No contract or �ward for the cons�ruction of s�id 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 � written eontract with said City specifying the
materials to be furnished, the wor.k to be done, and thQ pric� to be paid ther�for,
containing agree�ents and stipulations on thE part of the contractor to furnish
said materials and to complete the work of constructing said sewers in tho manner
and wi��hin the time provided for in this ordinance, and said contract shall provide
that said work sh�ll be done in �ccordance with the plans, specific�tions, estimate
of �ost and profile adopted by this ordinance and further provid� thct the
�ontractor shall be required to execute hond with good and sufficient sureties, to
ae approved by the City Council of the City, and payable to the City of Cape
Girardeau, for �he �mount of the contract price. Said bond sh<�11 be conditioned
as provided by law and further conditionQd th�t a�d contractor will fully guarr�ntoe
<�nd �.ndemnify the City Council, the City and sai�°��er District '`To•&15A� ,against
�ny and all dam�ge or loss which might in any wise rosult from the connection of
the Gity with said Contractor or by reason of said contract, or by reason of his
fai�ure to fully and faithfully carry out the provisions of said contract, or '�y
ne;��i.�ence of said Contractor or any subcontractor, employee, servant or a�ent of
cs'�;.�er. Snid bond shall be furnished within twenty (���) days af�ter s�id contract
h.�:,s bQen awarded and when approved and acc�pted by tho Council as herein provide�,
`�r,:� is��yor of tho City of Cape Girardeau �cting _for and on behalf of said City, is
�er^hy authorized to Qxecute in the name of �G�,�ity such contrnct for the construc-
'_�c-_ o:� said system of sanitary sewers in s� c��;�taer District Pdo. 1'��gw , taith the
�,�M;��r, firm or corporation,whose bid has heen accepted by the Council, in
a;��raance with the pravisions of this or�inance.
�ECTION 13. The delivery of the mt�terial for said syst,;m of sanitary sPwers
^r�d '�iz�; actunl construction therQof shall 'oe stGrted ono week after a written
�.cc��e to proceed has been given hy the Gity I��3.neer to the Contr�ctor, and said
�,�o-^� .shall be carried on continuously and uninterruptedly at such rate as will
�.n���.ir� the completi.on of said work of constructing said syst,em of sanitary sewers
in six (6) monthe after the date of such notice. Should the work hou�ever be
d�layed or interrupted by the City Council or officers of the City o.f. Cape Girar-
deau, by Acts of Cod, or hy other caus� entirely `�eyon� the control of the Concrac-
tor,the time of such delay and interruption sh�ll be added to the time herein
fixed for completion of said wor!s, but such de1Gy shall not constitute a claim by
the Co tractor ag�inst the City or the City Council, or a�a°�-ng� Sewer District
ATo.�ll�� , for d�mages or for loss of anticip�ted profi.ts, or any claim what�;ver.
The Council shall also have the right, for good cause shown, to e�tend the time
beyond that herein specifically given for the completion of the work.
aECTIO�t 13 A. Th�t the City Council finds that right of way easements for
said sewcr system must bQ obtaino3 over and across the property hereina.fter
described. The City Council furthcr finds that it will b� necessary to secure in
addition to the easements described below, adjoining ground on e�ch side thereof
for working room necessary for access and working room during the construction of
said sewers, but that the easement ac7uired for said access �nd working room wi].1
not be a right-of-w�y easement, ?�ut sh�ll be onl,y for the dur�tion of the construc-
tion period.
That thc City Attorney is hereby givon authority to negoti�te for the purchase
or acquisition of the following described property for said right-oF-way e�sement,
together with easement for access and working room, and in the event the City
Attorney is unable to secure such easements for a reason^ble price, authority is
hereby given to th� City llttorney to institute condemnation suits in the name and
beha].f of the City of Cap� Girardoau, i��issouri, to acc�uire the nQcessary right-of-
way and access and workin� room easements necessary for the construction of said
sewer system.
l. E'art of Lot l�, Block F, Ca�aha Gardens, describzd as follows: A strip of
land l� feet wide, t?�e center line of which is described as follows: Bex7in at the
e;:treme east cornex of said Lot 10; t�ence North ?3° 3$t ;•dest, until t�e Grest line
of said strip of �and intersects the easterly line of Lot 10 and there terznina�i.ng.
2. Part of a parcel of land in U.S.P. Survey rdo. 3�91, said parcel of ?and 1v��g
i:nmediately nort:� o� Lots 9 and l�, Block F, Capaha Ga-rdens, bounded on '�he north
by Country Club Drive, on the west b:;* Lot 11, Block E, Coa��try Cl�.zb �lace, and on
the east and south b�- Ca�aha Trail; bei:�g a str�� of land l� �'eet wide, the center
line of said strip being descri��d as �'ol.lows: �3e�in at the sxtre�e east corner
of Lot l�, �loc'� F, Caga'�a Gardens, on the center Ii.ne of Capaha Trail; t?�e:�ce
:Jorth 23° 3�' .les�, 296.� feet; tiience F�Jort� 5�° 23� :dest, to the east line of
Lot 11, i31oc)t �;, Country C1ub Place, and t�ere ter:ninatin�.
3. Par� of' Lot 11, �lock �� Country C1ub Place, �.escri�ed a,s follows: A stri�
of land 1� .feet wide, the center line of sai� strip �ei��; �.escribed as follows:
S�art ai the elctrer�e east corner os" Lot l�, �loc�; �, Capaha Gar.dens, on the center
line of Ca�aha Tra i�: t'nence 'lorth �3° 3�t Z^1est, 290.� �eet;'.thence��brth 5$° �3 t �
�ies�t •27� feet, to a poin�t hereinaf�e� �eferred to as Point 4� from which point
the northwest corner o£ sai3 Lot l� bears Sout'� 34.° 33' :7est, 6�.7 feet; thence
continue North 5�3° 23� ,�lest, 7� feet, more or less, to the e�st line of Lot 11,
Bloc?c ��, Country Clu� P�ace, for a poi�t of begi��ing; thence continue �lorth 5g°
?3i ;1est, �33•3 feet to a poi�t from which Point A, �eretofore descri�ed, bears
South 5�° 23t East, 1,53.3 feet; thence Nor�h 6�3° l.�l,.' '�1est, 3�1�..3 feet; thence
TJorth 53° l�� ;•1est, 13�.2 feet, fro:n which poi.�t the south�rrest corner o�' said
Lot Il pears Sout?� !��° 5I' ',dest, 79.3 feet; thence con�?nue T�orth 53° I.�� �^Jest
to t�e wes� line of said Lot 11, ar_d there �er�inati��.
4. Part of Lot $, B1oc':� G, Capaha Gardens, �escri�e:� as follows: � str�p of Iand
t'.ne rirht ?�and �ou����ar,y of �ic?� lies 2� feet from the foltowi�g re.ference line,
an3 the left hanc? bou:�dar� is the southeast li�e of sai�. Lot �; t%ie reference line
heing descri'�ed as follows: 3egin at the extrAz:ie east corner oi Lot S on the
center of Capaha Trail; tnence South �,.2° 34' �:Jest to t!ie �lrest line o� i,ot � an�
tnere terminating.
5. Part of Lot 7, 31ock G, Capa?�a Gardens, being all of t�iat part of Lot 7 lying
2�� feet on the left of the following descri�ed line: r'3e;in at t�e extre:�e nort�
corner of sa,ic� Lot 7, same being the extreme east corner o� Lot 3, Block G; thence
South 1�?° 34� West, to a point on the west line of said Lat 8.
6. rart of a trac� of land in Lot 7, Bloclt G, Ca�aha Gard�ns, as same is described
?n a deed recorded in Book 239 at �ane 397, in t�e land records of Cape Girar�eau
Count�r, :��iissouri, described as follows: All that part os" sai:� tract lving 2� feet
on ths left harid side of t'.�e following described line: 3e�;in at t�e e;�treme north
corner oi 5aid Lot 7, in t'�e center of Capaha Trail; t�ence Sou�n !.�?° 3�G� '•test,
3�� feet; thence Sout'� o�° 3�' ,�lest, to a point o� t�e west line excended north,
of t�e aforen.entioned tract, and trere ter� � ati_:�g.
7. Par� of Lots 9, 10 and 11, �loc's G, Cat�aha Gardens, descriaed as follows: A
strip of lan�, the right hand boundary� of which lies 20 fee� £rom t.�e following
descr�.bed reference line, and the left �and boundar,y line is the south proper�y
line of said Lots 9, 1� ��.d 11, said reference line starts at the extreme ea.st
corner of Lot S, B1oc'_� G, Capaha Gardens; thence Sout?� 1��° 31+� >�Jest, ta the east
line of said Lot q for a point of beginning; t�ence continue South !�2° 31�� ?dest,
to a point 3a0 feet from the starti�g poin:; thence iouth b8° 3�� ,Jest, 557 feet;
t?�ence .�lortn� 67° 5�' T�Test, to t:,e west lzne o� Lot 11, a�d t'�ere termi�at?ng.
8. Part of Lot 1?, Block G, Capaha Gardens, as same is desc-ribed in a deed
recorded in Boo�� 191 at ia�e 599 in the land recor�s of Cape Gisardeau.County,
��Iissouri, being a str�p of land, the left boun�.ary line of which is 2� ieet from
the fol3owing deseribed reference 1ine, and the right hand boundary being the
south pror�ert�r line of said trac�, t'.ne reference line 'ae�;i��i�g at the southwest
corner o�' said tract; thence South 67° 50' East to the east line af said tract
and t'.�ere termi.nating.
9. Yart of a traat of land in Lot 2, Block G, Capaha Gardens, as same is c�escribed
in a deed recorded in Book 220 at PaGe 14b, in the Iand records of Ca�e Girardeau
Count,ys Iy�issouri, Iying 2� feet south of the fo1la�,ring described line: Start at
the southtaest corner of a tract of land as same is described in a deed recorded
in Book I92 at Page 599 in the ].and records of Cape Gisardeau Count�, ��'.issouri;
�hence Soutn 67° 50' East, 51 feet, �ore or less, to t:�e west line Of' sai� tract
extended nort�, for a �oint of beginning; thence continue Sout� F�7° 5"�' Fast,
60 feet, r�ore or less, to a point opposite t�e nort'�east corner of said tract,
and there terrainating.
1�. �art of a tract of Iand in Lat 2, Bloc':{ G, Ca7aha G�r�ens, as same is described
in a deed recor��<-d in Boo'�c ?24 at Pa�e 3l,,9 in t�e lan� recor�s o" Ca�e Gzrardeau
�ount�, ��Fis�ouri, Iying 2'� feet so�:th o�' t?�e foi lowing described line: �egin at
the northwest corner of said traet; thence Sout!� h7° 5�' �ast, 51 fee�, mo_^e or
Iess, to t�.e east line of sai� tract, eYtended north, an�? tnere ter�;�natin�.
11. I'art of a tract of lan� in Lot 12, Bloc'.� G, Ca?�aha Gardens, as sa.,ie is describe�
in a deed recorded in Book 2�1 at �'a�e I53 in the l�nd records of Ca:�e Girardeau
County, i4issouri, being a strip of land the south bou.ndary line of wnich is the
sout?� line of said traet and the nort?� boundary line lies 2� feet north, or ri�ht,
o�' the following described line: Begir_ at tne extreme south corner of said tract;
t��ence ;dorth !�6° 35' ?�lest, 3?3 feet to the extrene west corner of said tract, and
there �er�,inatin�.
12. Part of a tract of land in Lot 2, 31oc'c G, Capa.za Gardens, as same is described
�n a cleed recorded in Book ?_45 at laa�e 31� in the lan� recor�s of Ca�e Girardeau
Cou.�t;r, i��i_ssoari, be.in:n that part of sai3 tract 1,rin� nort�z o=' a line draian
parall.el �o an� ��� feet south o� t�e follot,�inr �.escribed 1ine: Begin at the
nortneast corner of said tract; thence _�1ort� I�o° 35f ,�1est, 51 feet, �ore or less,
to t?�e west line of said tract, ex�en�ed north, and there terr^inatin�.
13• part af a: tract of land in Lot 2, 31ock G, Ca�aha Gardens, as sar:<e is r�escribe�. "
in a deed recorded in Boo'{ �b at Fage 432, in t'.ne land recor�s oP Ca:�e Girardeau
County, i�;issouri, bein� t�at part of said tract lyin� nort� of a line �.rawn 2�
feet south of an�. parallel to the foltowin� described 1in�: Start at t:�e nort'.�-
west corner of a tract of land as sa~�e is �escNibe� in '300'� 22/� at ?a<;e 3l,.9, in
the land records of Cape Girardeau County, �:isso�rz; tnence Tlortn �+b° 35 t ?�?est,
_52 feet, mor.e or 1ess, to the e�st l�_ne o`' sai� tract for a x�oint of begi.nnin�;
thenc� cont�mae ��Jorth 1.,.6° 35' �^test, �31 feet, more or less, to the west line of
said -tract, extende� north, and ther� ter:�i.nat�n�.
14. Part of Lot l, 31ock G, G�paha Gardens, being a tract of land as sa�� is
described in Boo� 2?9 at Pa�e 329 in tne land records o= Cape Girardeau Count�,
Missouri, being all trat part lying r.orth o? a line �rawn �ara�lel to an� �0 feet
south o� tne followin� desc.ribed Iine: Start at the nortReast corner of a tract
of land as sa�e is described in a deed recorded in 3ook ?��5 at Pa�e 318 in t�e
la�d records of Cape Girardeau County, i�•Iissouri; thence, i�dorth !�6° 35� ?:�1est, 132
feet, more or 1ess, to the east line of said tract, e�en:3ed north, for a point
of ��e�;inninn; t�e�ce continue .'lorth L�b° 35� t{Jest, 81 feet, rnore or less, to the
t,�est line o.� said tract, ext�n��.ed nortn, a�d -there ter,:�u.nating.
15. Part of Lot 1, :31ock G, Capa:�a Gardens, bein,� a tract of land as sa� is
descri�e:� in 300?� 131 at ?��es l�l�� and 534., in the lan�. recoras of Cape G?sardeau
County, Pfiissouri, and being all that part lying north �f a line r�ra;an :parallel to
and 20 feet south of the folloTh*in� described line: Start at the northeast corner
of Lot l, in the center of Capa?�a Trail; t%�ence South ly�° 3�' F,ast, 37 feet, more
or 7_ess, to t?;e Taest line of sai� tr�ct e,F�ende� nor�?�; th�nce co�tinue South L5°
3S' East, �� feet, more o� less, to the east line of said tract exten�.ed north,
and tnere terminatin�.
lb. :�rt of' Lo� l, �loc'.� G, C<�paha Gardens, bein? a tract of, lan� as saz�e is
described in a deed recor�ed in T3oov lb�, at Pa�e /�.1�6, in t'�e land records of Cape
GirardAau Co�nty, P•:isso�.zri, and �ein� all that p3rt ?vinn nort?� or a line drawn
parallel to an�� 2� ieet so�at� of t:�e follo�f�in; :�escr�.bed line: 3e��_n at t�?e
nort!�east corner oi Lot l, in the center of Capaha Trail; -c:�ence So�7t'� l�.o° 35 f
_:�st, 37 feet, mere or ]_ess, to �he east line of said tract, nxten�ed �north,
an�?. there ter.ninating.
S�CTION 13 �. That the work to be done in the construction of Sanitary
Trun'c Setir�rs in Sewer �istrict ;�?o. 1�-B and 15=A, shall 'oe a.s follows:
�11 vror'.� of constriaction sho�m on the plans �'or saia. Se�.�er District _'�o. 1�-�
an� 15-.�, beginnin; a� ?��n'�,.ole 5, or trun'_� sewer to trea}�nnt facilities, to
Pf�n'�ole l�, .4lanhole 1� to ='���nhole 17, I�nhole 17 to an� includinn ^�anhole I3,
I��n�?ole 17 �o ifi�nhole I9, T�lan_lole 1�3 to and i.nclu��inr T�nho?e 2/,, in.clu.l�n=; aIl
nec�s,^ar,* pipe, man'.�oles an:A ax��urUenances sho,m on the plans for sai�. sezaer
district.
' SEO����t14� � That as soon as the work of constructing said system of sanitary
sewers itt ewer District No.l�3^..��SA , as herein �rovided for, shall have been com-
pleted under the contract let for that purpose and accepted and approved as afore-
said, the City �noineer shall, without delay, make a written report to the City
Council of the character of the work and whether or not the same was preformed
in due compliance with the terms, conditions and requirements of the contract
therefor and of this ordinance, which report shall be filed with the City Clerk
who shall present the same to the Council for its cansideration.
SECTION 15. Upon receiving said report of the City Engireer, the City Council
sha11 duly investigate the sam� and hear any evidenee or reports submitted concern-
ing the manner in which the contract herein provided for has been executed, and
shall make inquiry into the whole matter herein considered, and upon being satis-
fied that the whole of said contract has been substantially complied with shall by
resolution, or otherwise, declare its acceptance and approval of said work.
SECTION 16. When the work has heen completed, accepted and approved as herein
provided, the �ity F�gineer 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 �stimate of cost for the construction of said
system of sanitary sewers in ��� Sewer District No, 1���_'15A, in and for which
said sewer system shall have been constructed in the proportion which the respec-
tive areas of said lots or tracts of land bear to the area of the whole district,
exclusive of public high�rays� streets, alleys and public prop�rty, except that
excepted by said plans, and the City �ngineer sha11 report such apportionment of
cost to the Council in writing, which report shall include the following:
Jo nt
1. The total cost af constructing said system of sanitary sewers in �ewer
District P1o. 1'JB�15A,
2. Th� aggregate area of the entire territory included in said system of
sanitary sewers �P�urer District �?o. 1���15$+ exclusive of public high-
ways, streets, alleys, and public property above mentioned.
3. '�he correct description of each separate lot or tract of land including
the 1ot, block, rangc, subdivision or addition in which the ��� s
situated chargeable with the cost of constructing said sewers in�ewer
District No. 1�: '� 5�, und�r this contract.
4. The name of the owner or owners of each separate lot or tract of land
. insof�,r as the Engineer is able to ascertain the same.
5, The area of each such lot or tract.
6� The proportionate share of the total cost of constructing said sei•rers
chargeable against each such lot or tract of land.
SECTION 17. The City �lerk shall, as soon as said report of the apportionment
of cost shall have been completed, approved �nd acknowled�ed by the Council, make
out and certify in favor of the contractor or contractors to be paid for said work
as abave rovided� a special tax bill against each particular lot or tract of land
in sai°d�ewer Distric� No. 1�;3�.-15A � as abovc described, which tax bills shall be
payable from and after 60 days after the date of issue, ��ith interest from such
date at the rate of eight (S) per cent annum until paid.
SECTION 1g. Said tax bills sha1Z be certified by the City �lerk 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 descri�ed, provided
however' that the total amount of said special tax so apportioned, charged and
Ievied against said lots and tracts of land shall not exceed the En?ineer's final
estimate of the cost for the construction of said sewers.
SECTIOD? 19. Al1 special tax bills so issued, as aforesaid, shall be liens
ag�inst the respective lots or tracts of land described therein in accordance with
the law and ordinances of said City� and they shall so expressly st�te 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 taork and of the furnishing of the material cherged for, and of the li�.bility
of the land described in the bi11, and said special tax bill shall be prima facie
evide c� f the regularity of the proceedings by which such sewers were constructed
in sa��1��wer District No. 1���?c1.5!�, such special tax bills delivered to the
contractor, as aforesaid, sh�ll be assignable or collectible by the holder thereof
and may be sued on and the lien thereof foreclosad in accordance with the statutes
of the State of P�issouri coveri.ng the proceedings under which such special tax
bills were issued.
SECTION 20. The City of Cape Girarde�,u, r?issouri� 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 bi�ls are issued as herein provided, the
City Clerk of s�id 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 necessar� data to comply with the lawful
registration thereof and may include the followin�;
�. Z`he date of such tax bill.
2� The name of the praperty owner against tahom same is issued�
3. The name of the nerson or firm in favor of whom the tax bi.11 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 ta,x bill issued in payment for said sewers
and the accrued interest thereon ma,y be paid to the City Clerk and Collector for
the owner or holder thereof at any time� whereupon the Cit,y Clerk and Collector
shall, upon presentation to her of any receipted tax bi11s, note the payrment on
tr�e register thereof, and such entry shall be evidence o£ the pa�rment of the tax
bill therein stated.
SEGTION 23. Every such special tax bi11 issued under the provisions of this
ordinance and the lien thereof, shall be assi�nable and when any such special tax
bills shall be assigned, such assignment sha11 be noted on such special tax bills,
and the assignee shall exhibit the same to the City Clerit and Collector, who shall
thereupon on the m�.rgin of such special tax bill make an appropriate note of such
assignment.
'""� ' SECTION 24. Tr�}1�n any owner of property against which such special tax bi11
shall be issued, shall pay to the owner of the tax bill, the amount thereof, such
owner shal]. endorse on the tax bill a receipt for the amount paid and deliver the
same so endorsed to the p�rty m�king such p�yment, together with a certificate
addressed to the Cit�r Clerk and Collector stating th�t such tax bill has been paid�
and the owner or owners of the pronerty described in such tax bill i� entitled to
satisfaction thereof on the register and �bstract 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 tre tax bill that
such satisfaction has been entered.
SECTION 25� In any contr�-;ct, 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, ard said tax bills shall be
delivered to him and such tax bills shall �ggreg�te in amount the total a.mount of
his contract as computed, apportioned and charged by the City Engineer.
Upon receipt of s<:id 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 �ity is endangered by the present sanitary f�.cilities existing in the territory
above described ���wer District No. 1��3.'?:15A, through the lack o£ sanitary sewage
facilities, and in order th^t the nccessary sanitary sewage facilities as herein
provided for may be constructed without delay and in order th^t 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 P��ssouri authorizing emergency legislation� and this ordinance shall
v
• .
" � • . •
therefore take effect and bc in force from and after the date of the p�.ssage and
approval.
1`,L ��(�i-t�c�c—CC..L�,-
First re�.ding aiven this '7 - day of � , 19�.�
Second �nd third readings given this � �� day of ��-�c%f,s-�--c.--� , 19�
�nd said ordinance finally p^.ssed �nd approved. i �73
��`�--1-d. ���� U-b—�c.�
I�ayor
Attest:
� �
�� G(�-�--�-�
City Clcrk