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HomeMy WebLinkAboutCityMgrForm.05-10-05-1965CITY MANAGER FORM ORDINANCE NO. AN ORDINANCE REAFFIRMING THE ACTION OF THE CITY COUNCIL IN DECLARING IT NECESSARY TO IMPROVE, PROVID3NG FOR THE IMPROVEMENT, DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS TO DO THE WORK AND PROVIDING FOR THE ISSUANCE OF SPECIAL TAX BILLS IN PAYMENT OF THE COST OF SAME, ON THAT PART OF STODDAR DD COURT IN THE CITY CF CAPE GIRARDEAU, MISSOURI, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: SECTION 1. That the City Council of the City of Cape Girardeau, Missouri, has by,cy solution wrin , duly adopted at a meeting of said Council held on the day of lz-s.� , 19-5— found and declared it to be necessary to 'rove that par ofa Stoddard Court in the City of Cape Girardeau, Missouri,-f-rogia- by grading to the established grade and constructing thereon a Portland Cement CD Concrete Pavement, 6 inches thick and 30 feet wide between the back of curbs excepting at its intersections with Stoddard Street where the pavement shall be constructed as shown on the plans together with integral curb along the sides thereof, all as shown on the plans for said improvement the total distance of said improvement to be approximately 350 feet, and along which property subject to assessment for said improvement totals approximately 617 feet. Said resolution further provided that said work of improvement should be done by contract let in the usual and ordinary way as provided by law and ordinance and further provided that special tax bills should be issued in payment of the cost of said improvement based on an assessment against the property fronting or abutting on said portion of said street so improved, as provided by law, and according to the plans, specifications and estimate of cost therefor made and filed with the City Clerk and adopted by the Council, and in accordance with this ordin- ance. SECTION 2. That the Council finds and declares that said resolution has been published in the Southeast Missourian, a daily newspaper printed and published in the City of Cape Girardeau, Missouri, for seven consecutive issues, and that more than ten days have elapsed since the last publication thereof in said paper, and that a majority of the resident owners of lands liable for the cost of said improve- ment at the date of the passage of said resolution and who also own a majority of the front feet fronting and abutting on said improvdme-nt did not within ten days after the last date of publication of said resolution, file with the City Clerk their protest against the improvement as required by law and ordinances of the City. The Council being of the opinion that the necessity still exists for the. improvement of said Stoddard Court proposed in said resolution, hereby re- affirms its previous action in declaring said improvement necessary, SECTION 3. That the Council further finds that all requirements imposed by lava and ordinance for said improvement have been complied with and that it thereby acquired authority to order said improvement and now hereby orders and directs that that part of Stoddard Court in the City of Cape Girardeau, Missouri, be improved by grading to the established grade and constructing thereon a Portland Cement Concrete Pavement 6 inches thick and 30 feet wide between the back of cab s excepting at its intersections with Stoddard Street where the pavement shall be constructed as shown or, the plans together with integral curb along the sides thereof all as shown on the plans for said improvement -� U r all in accordance ly adopted and on Missouri, and thi with the plans and file in the office ordinance. specifications for said improvement previous - of the City Clerk; with. Chapter 88, R. S. SECTION 4. The Council further orders and directs that said work of improvement on that part of Stoddard; Court above described be done by contract, and that it be done so that it will in all respects comply with the said plans and specifications therefor, and that the cost thereof will not exceed the estimate of cost for said work prepared by the City Engineer and on file in the office of the City Clerk and heretofore approved by the Council, except such items of work necessary to the proper construction of the improvement and unforseen and not included in the estimate of cost, and said work of improve- ment shall be done in such manner as to comply with all applicable statues and ordinances. No contract shall be entered into under authority of this ordinance that exceeds the estimate of the whole cost of the improvement previously made by the City Engineer and above referred to. The Council further finds and declares that in its judgment the condition of the General Revenue Fund of the City is such that no part of the cost of said improvement shall be paid therefrom. SECTION 5. The City Clerk is hereby authorized and directed to advertise for bids in the newspaper doing the city printing for the construction of said improvement according to the plans, specifications and estimate of cost therefor, and in accordance with law and this ordinance, and the clerk in advertising for such bids shall advise bidders of the deposit _ aad bond required by law to be given, and further advise bidders that no contract will be awarded the successful bidder unless he stipulate in his proposal that he will accept special tax bilis in payment therefor., and that he will in no event hold the City liable for the cost of the work or any part thereof. SECTION 6. The Mayor of the City is hereby authorized and directed to enter into a contract for the City with the Contractor who shall hereafter be awarded the contract for such improvement in accordance with the law and ordinances of the City, and said contract shall provide that such work of improvement shall be done in accordance with the said plans, specifications, estimate of cost, and this ordinance, SECTION 7. When said work of improvement has been completed as herein provided and has further been approved by the City Engineer in a written report thereof, and when said report has been approved and adopted by the City Council, the cost of said work shall be paid for with special tax bills issued in favor of the contractor who did the work and against the lots, tracts and parcels of land fronting and abutting on said improvement along the distance mentioned in proportion to the number of front feet fronting or abutting on said portion of said street.co improved and in accordance with the law , and which said special tax bilis.shall be delivered to the said Contractor. Such special tax bills shall bear interest from 60 days after their date at eight (8) per cent, per annum. SECTION 8. This ordinance shall take effect and be in force from and after ten days after its passage and approval, Passed and approved this Attest: City Clerk day of , 196