HomeMy WebLinkAboutCityMgrForm.183.10-18-1967 �
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CITY Pr;�I�AGER F�R1�1 ORDINAIVCE NU. / �3
AN ORDINAr?CE AD�PTING PLAIJS AND SPECIFICATIONS F�R THE COIdSTRUCTI0P1 OF $
SYSTEhI OF SANITARY 5E4JERS TO BE USED IN THE DISPOSAI, OF S�INITAftY SEWAGE
IN 'THE TERRITORY DEFII3ED AS Sk,"WER. DISTRICT N0. 1L�—A, A SUBDNTSTt�N OF S�:WER
DISTFiICT N0. 14 � IN THE CITY OF CAPE GIRARDEAU, 1�IISSOURI, F'ARTICUI�ARLY
D�SCRIBID IN COMA�IISSIOPd FORN` ORDTTiTAPdCE I�iO. 1942, OF THE CITY OF CAPE GIR,ARDEAU,
MISSOURI� PASSED A;dD APPRaVID ON THE 25t1'i DAY OF AUGUST, 195g, AI�tA AS SAID
ORDINANCE I3 Ai��NDED BY GiTY P�.,ANAGER FORr�i ORUIr1AI�CE N0.,�18�2 PgSSED AND gpPROVED
0�1 THE 18th I?Ay pF Oetober , 1967� SAID PLA�dS AND S�'ECIFICATI�I�IS HAVING
PRE�TIOUSLY BEE�T PREPARED BY THE CITY IIGGTP�EER, P.REVI�USLY SUB1�iITTED TO THE !
COUNCIL, ADQPTSNG THE ESTIIt�ATE OF SAID E��;GI�TEER FOR THE C�ST CF GOT3S�'RUCTIRTG
S�dITARY SEGIEE?S IN SAID SE6�/ER DISTRICT NU. 1L�-A AI�D ORt��RIi�G COPISTRUCTION QF
SAID SYSTII�i OF SAY�ITAR.X SE4T�i,S IN SAID DISTRICT IN ACCORDAP�CE WITH SAID PLANS,
SPECIFICATIOIVS AP1D r.STIP3ATE QF COST, PR�dIDIh1G FOR LETTIi�I� T� CO��TRACT FOR THE
WO.ftK OF COT�STRUCTIOP3 OF SAID S�STIIv1 4F S�dITARY �L't�Tr.r�S, 1�I?�:CTIPiG THkT SAID
SEW�::NS BE PAID FOR BX THE ISSUAtdCE �F SPECIAL TAX BIT,IS TO BE APPORTIOPdED AND
CH�i.GED AGAINST T�iE LOTS APdD 1RACTS ��' LAA,� Eh�RACED WITHITN SAID SEWER DI3TRICT
PJO. 14-A, AS DESCRIBED IT�i SAID PLAI�TTS AND Sk'ECIFICATIOP�'S, EXCLUSIVE OF PUFiLIC
HIGHWAYS, STFZEETS� ALT�,'YS, AND PUBLIC PRO�ERTY EXCEPT AS PROVIDID IN SAID PLANS
AND SPECIFICATIONS� AND DIRECTING TH.�T SAID TAX BILLS BE ISSUID ACCOFi.DIhTG TO
LAW AP�D COFITAINING AN E2��IERGENCY CLAUSE.
WHEt�.E9S, the said Council having been heretofore duly authorized by the
vote of' the' people of the Cit,y at an election held for that purpose, passed
and a.pproved Goimnission Form Ordina.nee Ido. 1942� on the 25th day of Au����
1958, b�r the terrns of which ordinance the territory embraced within the City of
�� Girardeau, 1°Zissouri� �aas subdivided into thirteen sewer districts� namely
Sewer Districts I�o. 1, 2, 3, 4, 5, �� 7, 8, 9, 10, 11, 12, and 13, inelusive,
and further subdivided into Sewer Districts No. 14 and 15, as provided in Cit�r
Manager Fox�r.� Ordinance No. lgz passed and approved on the l�� day of
October , 1967,
WNE�EAS, the Council deems and declares it necessar,y that a systen of
sanitary sewers be constructed in Sewer D2strict �To. 14-� a
subdivision of Sewer District No, 14 � w:ithout delay� in order that the
sanitary conditions existing in said territory be improved, and
WHF�AS, the City �ouncil has previously ordered the City Engineer to
prepare deta.iled plans, specifications� and estimate of cost for the construe-
tion of said sanitary sewers in said Sewer District No. 14-A� and said plans,
specifications, and es-ti.mate of cost have been bg said Engineer prepared and
submitted to the �ouncil for approval, NOW THEREFORE,
BE IT ORDAITdED BY � CITY COUNCIL OF THE CITY OF CA�'E GIRAR.DEAU� A�SSOURIy
AS FQLIAW5:
SEt�TION 1. The Council hereby deems and declares that a public necessity
exists for the construction and maintenance af a s�rstem of sanita.ry sewers in
SeRter District No. 1!+-A, a subdivision of Se�rer �istrict T�o. 11� as defi.ned in
Cit� P�.na�er FQrm Ordinance No. 182 , passed and approved on the 7 8th dag
of October , 1967, and it hereby further declares that a.11. of the land
emhraced within the territory lping withi:n said Sewer District No. 14-A as
described in the plans, specifications and estimate of eost prepared by the
City En�;i.neer and previously submitted to the �ouncil� wi�l� exclusive of public
hi�hways� streets and alleys not desi�nated by said plans, specifications and
esti.mate af cost as benefitted thereby, b�s benefitted by the construetion of
such sewers as hereinafter provided for in Sewer Distriet No. 14-A
That the i�oundaries of said Sewer Di�trict No. 1l�-A sha11 be as follows:
I'art of U�S. Private Survey No. 219$� Township 3"1 North, I�ange 13 Ea.st,
described as follows:
Sta,rt at the South 1�4 corner of Sec-tion 24, Township 31 PTorth� Range 13
East; thence South �9� 35' East to a point on the North line of� Lot 1, Block 1,
Weissinger's Subdivision, said noint bein;; 122 feet West of the West line of
Perryville Road, measured perpendicular t]zereto for a point of beginning; thence
North ?rl,� 52� West, parallel to the West line o£ Perryville Road to a point on
the South line of a tract of land owned b� H. Werner and described in a deed
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recorded in Book 255 at Page 2S/� in the land records of Cape Girardeau County,
A�issouri; thence North 890 35' west� with the South 13�ne of said Werner tract
to the 5outhwest corner of said tract; thence North 0° 20' West, 1�O.g feet to
th.e Northwest corner of a tract of land owned by Ressel Construction �ompany
and described in a deed recorded in Book 255 at Page 273 in the land recorda of
Cape Girardeau Courity, 1��iasouri; thence South g9° 35� �a.st, alon� the North line
of said F?sssel tract to a point, said point being 122 feet West of the West line
o£ �'erryville Road, me�sured perpendicvlax thereto; thence North 2I�° 52' West�
parallel to the West line of Perryville F:oad to a point, from which point tY�.e
i�orthwest corner of a tract of land owned. by Flo3*d Petzoldt� as said tract is
described in a deed recorded in Book 241 at Page 246, in the land records of
Cape Girardeau iCounty, i���issauri, beara Narth 65° Qg� East, 1'72 feet; thence
North 6�° O8' Ee�st, which course is alao per�endicular to the W�st line of
Perr�ville Road� 172 feet to -the t�rthwest corner of said Petzoldt tract; thence
North 74° �5' �ast� along the Plorth line af said Petzoldt tract 140 feet to the
t�orthea.st corner of said tract; thence 5cuth 18° 30' East, along the E�st line
of said Petzoldt tract 115 f'eet to the Sduthe�st corner of said tract, said
corner being also 122 feet Ea.st of the Ea.st line of Perryville Road; thence South
24p 52' East to a point on the North line of Block 1, Weissinger's Subdivision,
extended; thence North 89° 35� West, along the IJorth line of said Block 1� and
said line extended, to the point of begir.�ning.
� SECTION 2. That the aaid plans, specifications and estimate of cost ,for tY�e
constructipn of said system of sanita:y seUrers in said Sewer District No. ��,.,A,
above described, and previously submitted to ths 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.1L,,-,A, 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 ef
sanitary sew+ers in said Sewer District No.1�.-A� abo�r=�; r.�s:�,�}.=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 aewer District No.�/�_�, and it is hereby
ordered by the Council that th$ total cost of construction of said sewer system
shall not exceed the amount of the estiaiate �f said engineer and no contract
herein authorized shall be let for the construction of said sewer system which
calls for the e�enditure of money and the issuance of special tax bills in a
greater amount than the total cost of the same contained in said estimate, provi.ded
however, that this section shall not apply to the cost of acquiring the right-of-
way and working room necessaxy 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 ordi.nance 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 �nly, including manholes and all other
necessary appurtenances be established, constructed and maintained in said Sewer
District No.1l,�-A, of sew�er 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 ma.de a part of this ordinance.
SECTION 6. The said plans, specifications, estimate of cost, prof ile and
form of contract for said system of sanitary sewers in said Sewer District N�.14-�
shall be safe�y 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.14-A, 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 3n all other particulars in accord-
ance with the said plans, specifications, estimate of cost, and profile and all
bids, contracts and calculations for the estim�ate of construction of said sewers
shall be based on said plans, specifications, estimate and profile, subject to
the provisions �f this ordinance.
SECTION 7. The construction of the sewer herei.n 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 �ontract
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 an
printed or mimeographed forms furnished by the City Clerk to all persons, firms,
or eorporations 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 Sa,nitary Sewers in Sewer District No. 1l+-9.'r
SECTION $. Each proposal shall have enclosed with it a certified check or
bid bond satisfactory to the City Council in the amaunt of Five Hundred Dollars
($ 500.00), said check to be �ade payable to the Mayor of the City of Cape Girar-
deau, Missouri, which shall be retai.ned as a guarantee of good faith on the part
of the bidder that he or it wi11, 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 7:34 P. M., C.S.T.,
on November 1, 1967 , 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 meetir.� �nd e�la�n his bid in person. ,
At such m�eting as the Council ma,y a^em prope_, 1�.e ��.-i-ter of award.in� and
making a contract for the constructie-� o::' s�.id sy:ste:n of sanitary sewers ix. said
Sewer District No.1/.�-A� ma.y be acted upo��. by the i,oizncil and the final ac�;ior..
taken by the Council will be according to its ,�est judgm�nt and discretion aft:::•
ful7. consideration. No bidder will be considered by the Council uni.ess +_'_ne
bidder expressly stipulates in his propos��,_�, that he �rill accept s�ecial tax bills
issued in accordance with the law and ordinances of the City in full payment for
the work under contract provided for hereine The City of Cape Girardeau reserves
the right to reject any and all bids for the construction of the s,rstem �f sewF:rs
herein provided for.
SECTION 10. All bids for the construction of said sanitary �e�rTer�� shai7_ bE
considered and held as subject to the protTisions and requirements of this
ordinance which shall be deemed and taken to be a part of any contract 1et for
said work.
SECTION 11 . The Contra�tor or Contractors to whom the contract shall be
awarded shall at his or thei�r 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 ar�y 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
eontractor to furnish said materials and to complete the work of constructing
said sewers in the ma.nner 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 suretiea, to be approved by the City Council of the City,
and pa.yable to the City of Cape Girardeau, for the amount of the contract price.
Said bond shall be conditioned as provided by la.w and further conditioned that
said contractor will fully guarantee and indemnify the City Council, the City
and said Sewer I}istrict No.1L,rA, against any and all damage or loss which might
in any wise result t'rom 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. Sa.id 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.�4_�, 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 off icers of the
City of Cape Girardeau, by t�cts 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 No1/�-A , 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 tame beyond that herein specif ically given for the completior�
of the work.
� SECTION 14, That as soon as the work c�f constructing said system of �anita,ry
sewez's in S�ew�er District No.1l.�-g, as herein prov��.��d for, shall have been com- ,
pleted under the contract 1et for that purpose and �.ccepted 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 performe�
in due compliance wa.th the terms, conditions and requirements of the contract
therefor and of this ordinance, which repor�L sha11 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 reporta submitted
concerning the manner in which the contract herein provided for has been executed,
and shall make inquiry into the whole ma�ter 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 arbd approved as
herein provided, the City Engineer shall compute the whole cost thereof, and
apportion and charge the sam� 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.14-A, in. and for which
said sewer system shall have been constructed in the proportion which the respect-
ive areas of said lots or tracts of land bear to the area of the whole district,
exclusive of public highways, streets, alleys and public property, except that
excepted by said plans, and the City Engi.neer 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 oi sanitary sew�ers in Sewer
District No.1l�-A .
2. The aggregate area of the entire territory included in said system
of sanitary sewers in Sewer I7istrict No.�l�_A, exclusive of public
highways, streets, alleys and public property above mentioned.
3. The correct description of each separate lot or tract of land including
the lot, block, range, subdivision or addition in which the same is
situated chargeable with the cost of constructing said sewers in Sewer
District No.�4_A, under this contract.
1�. The name of the owner or owners of each separate lot or tract of land
insofar as the F�ngineer is able to ascertain the same.
51 The area of each such lot o� tract.
6. The proportionate share of the total cost of constructing said sewers
chargeable against each such lot or tract of land.
SECTION 1'j. 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.1/.,.-A, as above described, which tax bills shall be pay-
able from and after 60 days after the date of issue, with interest from such date
at the rate of eight (8) per cent per annum until paid.
SECTION 1g. Said tax bills shall be certified by the City Clerk under the
seal of said City, and when said special tax bills are issued to the contractor in
accordanee with the lae and this ordinance, they shall be accepted as pa.yment 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. A11 special tax bills so issued, as aforesaid, shall be liens
against the respective lots ar tracts of land described therein in accordance with
the law and ordinances of said City, and they shall so expressly state �n their
face and each such certified tax bill in any suit thereon sha11, in accordance
with the law, be prima facie evidence of the validity of the bill and of the
doing of the work and of the furnishing of the material charged for, and of the
liability of the land described in the bill, and said special tax bill shall be
prima facie evidence of the regularity of the proceedings by which such sewer�-
were constructed in said Sewer District No. �/�_� Such special tax bills delivered
to the contractor, as a.foresaid, shall be assignable or collectible by the holder
�hereof and may be sued on and the lien thereof foreclosed in accordance with the
statutes of the State of Missouri coverin� the proceedings under which such special
tax bills were issued.
SEC�ION 20. The City of Cape Gisardeau, Missouri, shall in no event, nor in
any manner whatever, be liable for or on account of the work done in constructing
said sewer, nor shall said city be Liable for any cost that may be accrue� in
any action thereafter brought on account of any spec�al tax bills by the owner
or holders thereof.
SECTIOIV• 21 . When said special tax bil_ls are issued as herein provided, the �
City Clerk of said City shall, in accorda.nce �rv-i.th 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 again st whom sa.me is issued.
3, The name of the person or firm in favor of whom the tax bill is issued.
4. The amount of such tax bill.
5. The purpose for which said tax bill is issued.
6. A reference to this ordinance by numi�er.
7. At least an abbreviated description of the property described in such
tax bill.
8. If such tax bi11 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 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 ar�y receipted tax bills, note
the payment on the register thereof, and such entry shall be evidence of the
payment vf the tax bill therei.n stated.
SECTICN 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, sueh assignment shall be noted on such spacial 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 ma.ke an appropriate note of such
as signment.
SECTION 24. When any owner of property against which such special tax bill
shall be issued, shall pay to the owner of thi: 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, tog�ther with a certificate
addressed to the City Clerk and Collector stating that such tax bill has been paid,
and the oamer or owners of the property described in such tax bill is entitled to
satisfaction thereof on the register and abstrwet 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 shalZ 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 noti.fy all property
owners of the amount of each tax bill, with information sufficient to identify the
tract assessed, and where said tax bill may be paid. Such notice shall be made
by mail.
SECTION 26. All ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
SECTION 27. The Council further finds and declares that the public health of
the City is endangered by the present sanitary facilities existing in the territory
above described as Sewer District No. 1/.�–A, 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 ar.d in order that the construction
herein contemplated may move forward rapid],q 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 ��,ke effect ar�d be in force fro� and after the date of the passage and
approval.
First reading given this 4th day of October , 1967
Second and third readings given this 18th day of October , 1967 �
and said ordinance finally passed and appre�red.
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Attest:
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�,��-C-�.� � Q,c�.�-�--�
^_t,y- Cler'_:.: