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HomeMy WebLinkAboutCommForm.1309.03-27-1951 _ .. - %�`,,U.�.�.` i'��..�..�.-.��, `�.�.,�. , 2� ' COMMISSION FO�i OF�DINAIVCE N0. �3 D�f AN ORDINANCE ADOPTING PLAr1S t�ND SPECIFICATIONS FOR THE CONSTt�UCTION OF A SYSTII�i OF SANITA�tY LATEi3AL S�,irJERS TO BE USED Il�: T�t; DISPOSAL OF SANITARY SEWAGE IN TH� TERRITORY DEFIi�rED AS SE'y7E�t DIST:�ICT N0. 6-G, A SUBDIVISION OF SEWER DISTRICT N0. 6 , IIJ TI� CITY OF CAPE GIR�.RDEAU, MISSOU�RI, PAR.TICUL,ARLY DESCRIB� IN CO1�IMISSIOr3 FORNi ORBINANCE N0. 1153, OF THE CTTY OF CAP� GTRtiR� DEAU, rIIS50URI, PASSID APdD APPROVID OfJ THE 26TH DAY OF F�1Y, 1948, SAID PLAPIS ADID SPECTFICATIONS HEIVI�IG B:r�id PREVIQUSLY PR.EPiaRID BY JOHN R. WALTHER, C1TY ENGINEER, PREVIOUSLY SUBI�iITTED TO THE COUiJCIL, kDOPTING THE ESTII�iATE OF SAID ENGIN"r�R FOR THE COST OF CONSTRt3CTING L�:T�"?�iL SE�+IEFtS Ii� St►m SE'+�iER DISTRICT N0. 6-� AND ORDERING CONSTRUCTION OF SAID SYSTII�i OF LtiTr;i3.t1L S�r+J�RS IN SE1ID DISTRICT IN kCCORDANCE WITH StiID PLI�NS, SPr�CIFICATIOiVS t,ND LSTIhi!'�TE OF COST, AUTHORIZING TH�, CZTY E1BiGIPJEER t►h1D CITY ATTORNEY TO NEGOTIA`I'E FOR RIGHT�OF-WAY AND Er1S�lENTS OVER VI�RIOtJS TRACTS eND Pl�RCr�.S OF LAND Nr.CESSf{RY FOR TI-��E CONSTR,UCTION OF S1�,ID S�,"irT�R SYST�i, tiP1D :�UTHORIZING THE INSTITUTION OF C�PdDEhiN- NATION SUITS IF N�ESSI�RY TO AC�UIRE THL I�LSS�FtY RIG�-:T-OF-WAY AND Cd�OUND ADJOIPIING SAID R�GHT-OF-ti�tAY FOR 4JURKING ROQ�i, PROVIDIIvG FOR LETTIPIG THL CONTRtiCT FOR T�iL WORK OF CflNSTftUCTION OF SaID SYSTEI�i OF LaTERAL S�'4JERS, DIR�,CTING TH�T SAID SEWERS BE Pl�ID FOR BY TYE ISSUhNCi OF SP�CIAL TaX BILLS T4 Bi� tiPPORTION� AI�D? GHt►ftGID t�►G�iITJS`P THr, LOTS hND TRt1CTS OF LaND ��iBRACED WITHIN Sl�ID SYSTII�i Or LE,TEF.i►L SEWER,S II� SkID SE4JF,R DISTRICT N0. 6'� hS DESCRIBED IIJ St�ID PLf.P;S ��IJD SPEJCIFIC,�TIONS, EXCLUSIVE OF PUBLIC HIG�I'udr►YS, STR�r.TS, i�LLEYS xND PUBLIC PROPERTY EXCEPT �►S PROVID� IIu ShID PLt,NS tiND SPECIFICATIONS, ��+ID DIRECTIIJG TH�►T S�►ID TtiX BILLS B� ISSUED i�CCCRDIr1G TU I�W AND COIuTtiINItdG kt�I II�LERGi�IdCY CLtiUSE. �bJHEREAS, the said Council having been heretofore dulf authorized by the vote of the people of the City at an election held for that purpose, passed and approved Commission r,orru Ordinance Ivo. 1153, on the 2bth �a;� of T�iay, 19�, by the terms of which ordin��.nce the territory embraced •.�rithin the City of Cape Girardeau was subdivided into thirteen sevrer districts, n�::ely Sewer Districts hos. 1, 2, 3, 4, 5, 6, 7, $, 9, 10, 11, 12, and 13, inclusive, and WHEREr1S, the council deems and declares it necessar�Y that a system of sanit- ary lateraZ sewers be constructed in Sewer District ;�o. b-� a subdivision of Sewer District 1�To. 6 , without delay, in order that the sanitary conditions existing in said territory be iinproved, and WHERE�15, the City Council has previousl,y ordered the City �ngineer to prepare detailed pl�.ns, specificat,ions and estirr�,te of cost for the construction of sa�d l�,tera�_ sewers in said S�wer District r�o. 6-G, and said plans, specific-- a+_.c�:.. and estimaie of cost h��ve been ay s�id �ngineer prepared and subrnitted �� t�e Council for approval, ;10�u THEREF'O�E, BE IT ORDtiINi�D BY THt�, CITY CUUIdCI:l, QF THE CITY OF Ct.PE GIRtiRDi�+U, i�iISSOURI, �tS �'OLLUWS: SECTION 1. The Council hereby deems and declares that a public necessity exi.sts for the construction and maintenance of a system of sanitary lateral sewers in Sewer District No. 6-G , a subdivision of Sewer District r�o. � , as defined by Commission Farm Ordinance No. 1153, passec3 and approved on the 26th day of Niay, 194�, and it hereby further declares that all of the land embraced within the territory lying within said Sewer nistrict P3o 6-G, as described in the plans, specifications and estimate of cost prepared by the City Engineer and previously submitted to the Counci� will, exclusive of �ublic highways, streets and alleys not designated by said plans, specifications and estiraate of cost as benefitted thereby, be benefited by the construction of such sewers as hereinafter provided for in Sewer District t3o. 6-G � S�TION 2. Said plans, specifications and estim�at� of cost for the constr- uction of said system of lateral sewers in said Sewer District No. b-G, above described, and greviously submitted to the Council are hereby approved and adopted as the plans, specifications and estirn�.�.te of cost for the construction of said system o� lateral sewers in said Sewer District No. 6-G , and are by the Gouncil ordered filed, in the c�fice of the City Clerk of the City of Cape Girardeau, Niissouri. S�CTION 3. The estimate of cost for constreiction of said system of lateral sewers in said Sewer District No. 6-G , above referred to is hereby approved and adopted by the Council as the estimate of cast for the construction of said syste� of latera3 sewers in said Sewer District No. 6-G , and it is hereby ordered by the Council that the total cost of construction of said sewer system shall not exceed the ainount of said engineer a.nd no contract herein autharized shall be 2et for the construction of said sewer which calls for the expenditure of money and the issuance of special tax bills in a greater amount th�n the total cost of the same contai.ned in said estimate, provided, however, that this section shali not apply to the cost of acouiring the right-of-way and working room necess- ary for the construction of said sewers. S�ECTION 4. Said plans, specifications and esti.mate of cost, togetMer 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 sha11 be in effect and have the same force as i.f ambodied herein for t he purpose of identi�'ication of the same in the form in which they now exist, the City Clerk of said City is hereby directed to plece her file ma.rks over the official signature on this date of presentation and first readin� of this ordinance on said plans, specifications and estimate of cost, a.nd on said profile and on said form of contract. SECTION 5. It is hereby ordered and directed th at a system of lateral sewers for the removal of sa.nitary sewage only, including r,�a.nholes and all other necessary appurtenances be established, constructed and maintained in szid lateral Sewer District No. 6'� of sewex pi_pe, cast iron, brick, cement, concrete and other materials in the form and of the dimensions, loc<�.tion, character and � description shown and particularly described in said Plans, suecifications, estimate and grofile for said s�Tstem of lateral sewers made bJ said City Engineer and heretofore referred to and made a part of this oi�dinance. SECTION 6. �'he said plans, specifications, est�mate of cost, profile and forms of contract for said system of lateral sewers in sa.id Sewer District, Fvo.6'�, shall be safely kept and preserved for future reference and the s�:me shall be deemed, held arxl considered far the basis of tl:e sewers which are by this ordinance ordered constructed for Sewer i)istrict I�o. 6-G� r;,nd a11 of said sewers including manhoZes, outlets, branches, laterals and appurtenar�ces, shall be constructed and completed of the material and dimensions and on the location, and according to the nanner 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 shali be based upon sai.d plans, soeci.fications, 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 b�r said plans, specifica.tions, estiriate of cost, profile and form of contract for s�id .Jork, shall be done under a cont ract privately let in harMony with the nrovisiQns of Sections F38.497 to �8.bt�7, Revised Statutes of Niissouri for 1949, including p�rticular?y Section $�'.600 thereof and all bids or proposaJ_s for such construction work sh�ll be made on printed or mimeographed forms furnished by the Cit y Clerk to all persons, firms, or corpor3t- 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 C�t y 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 rlayor and City Council of Cape Girardeau, Missouri, in care of the City Clerk of Cape Girardeau, N�issouri, and maxked "Proposal for Sanitary Lateral Sewers in Sewer District No. 6-G,.« SECTION 8. Each proposal shall have enclosed wi+h it a certified check on a bank satisfactory to the City Council in the a,mount of Five Hundred Dollars (� 500.00), said check to be made payable to the P-iayor of the City of Cape Girard- eau, Niissouri, which shall be retained as 4 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 iegal contract and bond as reauired by law, and, otherwise perform the obli.gations of said bid, whereupon saici check shall be returned to said bidder. SECTION g. The City Council will meet in open session a.t 2:30 P. A�i., on , :+nd pro�osals of bidders will be considered at that meeting and at any subsequent meeting held by the Counci.l for that purpose. �►ny bidder may be present at any such meet,ing and explain his bid in person. At such meeting as the Council may deem proper, the matter of awarding and raak�.ng a contract for the construction of said system of �ateral sewers in sai@ Sewer District No. , may be acted upor� by the council and the final action taken by the Councii Frill be according to its best 3ud�nent and discretion after full consideration. No bidder will be considered by the Council unless the bidder expressly stipulates in his proposal that he wiLl accept special tax bills issued in accordance with �he law and ordinances of the City in fu11 payment for the work under the cQntract provided for herein. The City of Gape Girardeau reserves the right to rejeet any and all bids for the con�truction of the system of aewers herein provided ior. SECTION 10. �ill bids for the cons-�ruction of said lateral se�rers shall be considcred and held as subject to the ;�rov�sions and reauire:nents of this ordinance which shall be deemed and taken to be a part of any contract let for said work. SECTION IZ. The Contractor or Contractors to whom the contract shall he awarded shall a� his or their own costs and expense, provide lights, guards, fences, barricades and other proner �eans to orotect persons and property from injury and damage on �:ccount oi said work from the commencement to the cor�plet- ion thereof, and shall indzrnnify the City of Cape Girardeau aaainst any a.nd all lasses by reason of the vioiation of this or any other req_uircments of this orclinance. SECTION 12. No contract or a.ward for the construction of said sewers shall be binding uPon the City of Cape Girardeau until the pei�sorz or persons to wham such contract shall be awarded sha�.l enter into a written contract with said City speci:fyi.ng th� m3.terials to be furnished, the work to be done,arid the price to be paid therefor, containing a�re�;n:ents and stipulations on the part of the contractors to furnish said materials and to complete the work of constr- ucting said sewers in the rc�,,nner and w:ithin the t�.me �rovided for in this ordinance and said contract shall provide that saici wark shall be done in accord- ance with the plans, specifications, estimate of cost and profile adopted by this ordinance, and furthPr provide thUt the contractor shall be reauir.d to execute bond with good and sufficient sureties, to be a��roved by the City L'ouncil of the City, and payable to the Oity of Cape Girardeau, for th� �iiount of the cont- ract price. Said bond shall '�c condition�d as pravided by law and further con- ditioned that saici contractor wii�_ fully ��uwra.nt�;e arid indcsnuiify th� Cit3r Council, the City and said Sewer Aistrict I�Io. 6-G , ag�inst a.ri� and all dari�age or loss which nught in anywise result frar_i the connection of the C�,ty with said Contract- or by reason of said contract, or b� reason o:� his failure to fully and faith- full;� carry out the pro?�isions of said contruct, or by the ne�Iigence of said Contractar or any subcontractor, er,.;�loyee, servant or �gent of either. Said bond shall be furnished within twenty (2�) days aftar SSla cont'ract has been awardod and when approvc;d ancl acce�ted by tne Council as herein provided, the I�iayor of the City of Cape Girardeau zcting #'or 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 later�l sewers in said Sewer District nTo.6-G, with the person, firm or carooration whose bid has been acce?�ted b�► the Council, in accordance with the provisions of this ordinar�ce. SECTION 13. The deliver,y of the m�.terial for s�id system of lateral sewers and the actual construction thercof shall be begun one we�:k after written notice to begin sh��ll have been gzven b;� the City Lngine�r to f,he Contr^ctor, and said work shall be carried on continuously and uniriterruptedly at such rate as wili insure the completion of said work of constructing said systen► of 14teral sewers on or before the day of . 19 . Should the work, however, be delayed or interrupted by the Cit;% Council or officers of the City of Cape Girardeau, by �cts of God, or hy any other cause entirely beyond the control of the Contractor, the time _af such clelay and interrupi�ion shall be added to the time herein fixed for completion oi said work, but such �lela5� sha13. tzot constitute a claim by the Contractor against the City or City Council, or against said Sewer District No. b-G , for damages or for loss of anticip�.ted profits, or any other claim whatever. The Council shall also have the right, for good cause shown, to extend the time be;mnd that hersin specifically given for the com�letion of the work. �i�,CTIOi� 13-A The City Council finds that a right-of-way easerient far said sew�er system must be acc�uired over anci across the following described property: 1. % steip of land 20 feet wide off of the south side of Lot 7, �31ock 2, 4ak Pa.rk. 2. A strip of land 20 feet wide off of the so�ath side of Lot 8, F31ock 2, Oak Park. 3. A strip of land 20 f eet wide off of the south side of �.ot 9, �lock 2, Oak Park. k. x strip of land 2U feet wide off of the south sideof Lot 10, Block 2, Oak Park. 5. a strip of land 20 feet wide off of the sout?1 side of Lot 11, Block 2, Oak Park. The City Council further finds that it Hrill be necessary to secure in addition to the above described property, adjoining ground on each side of sax:ie for workir� room necessary dur�a�� the construction of said sewers, but that the easement acquired for said wnrking room will not be a right-of-way ease�uent but shall only be for the duration of the construction period. The City Lngineer and City Attorney are hereby given authority to ne;otiate for the purchase or acquisition of the abov� described property for said right-of-way ease�nsnt, toge�her with the easeir�ent for wnrking room, and in the event the City Attorney and City Engineer are unable to secure said right-of-way easeL:ents and working room easement� for a reasonable price, authority is hereby given to the City Attorney to institute condemnation suits in the narn�e of and on behalf of the City of Cape Gixaxdeau to acquire the necessary right-of-way ease�ents and workin�, room ease�ents necessary for the construction of said sewer sdrstem. SECTIO�T lt�.. as soon as the work of constructing said system of lateral sewers in said Sewer District Tvo. b-G, 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, w?thout deiaJ, ma.ke a written report to the Cit y Council of the character of the work and whether or not the s�.me was per- formed in due compliance with the terms, conditions and reauireMent s of the contract therefor and of this ordinance, which re��ort shall be filed with thc City Clerk who shall present the same to the Council for its consideration. SDCTION 15. Upon re�eiving said report of the City :�n�ineer, the City Council shall duly investigate the sarae arui heax any evidence or reports sub- mitted concerning the r.sa.nner in wiz�.ch the contract herein provided for has been execut ed, and shall make i.nquiry into the whole matter herein conside�ed, �nd upon being satisfied that the whole of said contract has been substantially complied with shall by resolution , or otherk�.se, declare its acceptance and approval of said wr�rk. SECTION 16. {dhen the wor�� h�s been conipleted, accepted a.nd aoproved as herein provided, the Cit�r Engirieer sh41�_ cor�pute tha whole cost thercof, including the cost of right-of-w-dy, and apportion 1 and cha�ge f,r.L sarne as special tax against the lots or tracts of ].and e:nbraced b�T the plans, specifications a.nd estima.te of cost and profi�e for th� construction of s�id system of lateral sewers in said Sewer Distri�t No.6-G , the district in a.nd for which tha said sewer system shall have been constructed in the ?:�roportion which the respective areas of said lots ar tracts of ]..a,nd bear to the areas of the whole district, exclusive of public highwa;�s, streets, alleys a.nd public property, except that included within said district 'oenefited b�T said pl�.ns, soecifications, estir.:�lte of cost and profile therefar, and tha City i�ngineer shall report such apz,�ortion.*nent of cost to the said Council in writing, which saia report shall include the following: 1. The total cost of constructing said system of lateral sewers in Sewer District iVo. b-G 2. The ag�regate are� of the entire territory included in said s�Tstem of lateral sewers i.n said Sewer Distric� Pdo. 6-G, exclusive of public highways, stre�ts, alleys and pubZic property as above mentioned. 3. The correct description of each separate lot or tract of land including the lot, bloc�C, range, subdivision or addition in which the same is located chargeable with the cost of constructing said sewers in said Sewer District No. 6-G � under tY,is contract. 4. The name of the owner or owners of each se�arate lot or tract of lsnd insofar as the engineer is ablc to ascertain the sa_�ne. 5. The area of each such lot or tract. 6. The proportionate share of the total cost of constructing said sewers chargeable against �ach such 1ot or tract of land, SE�TION 17. The Cit,y En�ine:;r shall, as soon as said report of the ap;oort- ionment of costs shall have been coirpleted, approved and acknowledeed by the Council, make out and certify in favor of the contr�ctor or contr�,ctars to be paid for said work as above provided, five (5) special tax bills, each for on��-fifth (1/5) the amount of the special t�x a�ainst eacn �rticular lot or tract of land in said Sewer District P�o. 6-G, as �.bove described, whieh t aa; bills shall be pay- able respectively on or before one, twc�, three, four ar:d five years after the date of their issue, with interest from date at the rate of ten (10) per cent per annum until paid. Each of said ta.x bills sha�.l provide that if any one tax bill or installmentshall not be paid wl-icn due, then all of �he remaining t.:x bills or installments against the same Iot or tract of land shall beconie due and p�yable. SECTION l8. Said special tax bilis shall be certified by the City �;ngineer and shall be attested by the City Clerk of s�.id City �.inder the seal of said City, and when said special t�.x bills are issued and dolivered to the contractor in accordance with the law and this ordinance, they shail be accerh ed as pa;�nent in full of the co st of constructing said sewers as hereinabove described, provided, however, that the total amount of said special tax so apportioned, charbed and levied against said lota and tracts of land in said Sewer District No.b-G, shall not exceed the Engineer�s 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 t�acts of land described therein in accordance w`lth 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 t�jereon shall, in accord- ance with the Zaw, be prima facie evidence of the validity of the bill and of the doing of the work �.nd of. th:; furnishin� of the ma.terial cYiarged 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 thc proce�dings by which such sewers were constructed in said Sewer District P1o.- 6-G , Such special tax bills delivered to the contractor, as aforesaid, shall be assignable or collectible by the halder thereof and may be sued on and the lien thereof foreclosed in accordance with the statutes of the State of Niissouri covering the proceedings under which such special t ax bills were issued. S�TION 20, The City of Cape Girardeau shall in rio event, nor in any manner whatever, be liable for or on account of the wr�rk 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 speci4l tax bil'_s by the owner or holders thereof. SECTION 21. trohen said special ta.x bills are issued as herein provided, the City Engineer of said City shall, in accorda.nce with the law, cause said tax bills to be r�gistered in a book to be provided for that purpose, dnd deliver such book to the City Clerk and Colle ctor of the City. The registrat- ion of such t�.x bills in such tax i�ook shall. contain the necessary data to comply with the ]�,wful regis�,ration thereof and :nay include the foilowing: 1. The date of such t�,�: bill. 2. The nali�e of tiie property owner against whom the same is issued. 3. The name of the person or firn in favor oi whom the tax bill is issued. 4. The �rnoant of such ta.� bill. 5. The purpose �or which s�id tax bill is issued. 6. �, reference to this ordin�,nce by nw�ber. 7. At least an abbr�viated description of th� property described in such tax bil]_. 8. Such other inforrn�tion as ma3T he deemed desireable or r.ecessary. SECTION 22. The a�ount of a,ny such tax bi11 issued in payment for said sewers and the accrued interest thereon ma.y be paid to the Cit�r Clerk and Collector for thE owner of holder thereof at any time, whereupon the City Clerk and Collector shall, unon presentation to her of any receipted tax bills, note the payr,lent on the register thcreof, and such entry shall be evidence of the payment of the tax bill therein str�ted. S�JCTIOId 23. Every such speci<31 tax bill issued under the provisions of this ordinance and the lien thereof, sna21 be assignable and when any such special tax bills shall be assi�;ned,such assi�runent sha.1Z be noted on such special tax bills, and the assignee shall exhibit the sGme to the City Cl�rk and Collector, who, shall, thereupon, upon the margin of sucY: special tax bill, make an appropriate note of such assigrunent. SECTIOI�1 21�. Wh��n any owner of property against which such special tax bill shall be issued, shall pay to the owner of the tax bill, the; aznount 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 pu,rty making such payment, together with a certificate addressed to the City Clerk a.nd Collector stating that such tax bill h�,s been paid, and the owner or owners of property described in such tax bill is entitled to satisfaction thereof on th e register and abstract of special tax bills herein above provided for, and the City Clerk and Collector an 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. SDCTION 25� In anjr contract 2warded for the construction of sewers herein provided for, the contractor shall agree to accept special tax bills in payment for the wurk of construction as hereinabove provided, and said tax bills shall be delivered to him after payment bf him of the cost of engineering and inspection, and all other cost of construction of said sewer system, and such tax bi31s shall aggregate in aniount the total amount of his contract us computed, apportioned and charged by the Engineer of that City. SECTION 26. A11 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 endarigered by the present sanitary faciliti�s existing in the territory above described as Sewer District No. 6-G, through the Iaek of sanitary sewa.ge facilities, and in order th at the necessary sanitary sewage facilities as her-ein provided for may be constructed without delay and in order that the construction herein contemplated may move forward rapidly �th consequent benefit to all citizens of the Cit�, the Council finds that an emergency exists witYiin the Statutes of Nlissouri authorizing energency legislation, and this ordinance shall therefore take effect and be in force from and after the date of the passage and approval. First reading given this �.� day of � , 19 �0 Second and third readings given this i��- day of ��� , 19 � / and said ordinance finally pass��d and approved. �,� .�- Attest: Niaye�r ,� - r � �—� City Clerk