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HomeMy WebLinkAboutCommForm.2499.04-12-1965COMMISSION FORM ORDINANCE NO. 44 AN ORDINANCE REAFFIRMING THE ACTION OF THE CITY COUNCIL IBJ DECLARING IT NECESSARY TO IMPROVE, PROVIDING FOR THE IMPi ROVEMENT, DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS TO DO THE WORK AND PROVIDING FOR THE ISSUANCE OF SPECIAL TAX BILLS L\T PAYMENT OF THE COST OF SAME, ON THAT PART OF CLARK AVE`TU.E FROM BROAFgAY TO BESSIE STREET 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 rpsolution in writin , duly adopted at a meeting of said Council held on the /6— day of , 196-5-, found and declared it to be necessary to improve that par of Clark Avenue in the City of Cape Girardeau, Missouri, from the existing concrete pavement at the south side of Broadway to the existing concrete pavement at Bessie Street by grading to the established grade and constructing thereon a Portland Cement Concrete Pavement 6 inches thick with 9 -inch thickened center joint, and 36 feet wide between the back of curbs, except at intersecting streets where the pavement shall be constructed as shown on the plans, together with integral curb along the sides thereof and the necessary inlets to receive storm water from the surface of the pavement, all as shown on the plans for said improvement the total distance of said improvement to be approximately 993.7 feet, and along which property subject to assessment for said improvement totals approximately 1741.6 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 improvement 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 Clark Avenue 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 law 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 Clark .Avenue in the City of Cape Girardeau, Missouri, commencing at the existing concrete pavement at the south side of Broadway and extending to the existing concrete pavement at Bessie Street be improved by grading to the established grade and constructing thereon a Portland Cement Concrete Pavement 6 inches thick with 9 -inch thickened center joint, and 36 feet wide between the back of curbs, except at intersecting streets where the pavement shall be constructed as shown on the plans, together with integral curb along the sides thereof and the necessary inlets to receive storm water fron the surface of the pavement, all as shown on the plans for said improvement all in accordance with the plans and specifications for said improvement previous- ly adopted and on file in the office of the City Clerk, with Chapter 88, R. S. Missouri, and this ordinance. SECTION 4. The Council further orders and directs that said work of improvement on that part of Clark Avenue 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 statutes 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 cf 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 .and 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 bills 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 bills 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 /.-P-- day of Attest: t - City Clerk 196 ? .. Mayor