HomeMy WebLinkAboutCityMgrForm.457.01-21-1970 .
CITY MANAGER FORP�I ORDINANCE nTO. �5?
AN ORDINANCE REAFFIRMING THE ACTION OF THE CITY COUNCIL IN DECLARING IT
NECESSARY TO IMPROVE, PROVIDING FOR Ti� IMPROVEA4EPTT, DIRECTING THE CITY CLERK TO
ADVERTISE FOR BIDS TO DO TI-� Z�JORK AND PROVIDING FOR THE ISSUANCE OF SPECIAL TAX
BILLS IN PAYMENT OF THE COST OF SAME, ON THAT PART OF QUIN�E STREt�',T FROM
BARSERN.Y STREET TO EDGErd00D ROAD
IN THE CITY OF CAPE GIRARDEAU, MISSOURI.
BE IT ORDAIPdED BY THE CITY COUNCIL OF T'rIE CITY OF CAPE GIR.A.RDEAU, NiISSOURI,
AS FOLLOTdS:
SECTION 1. That the City Council of the City of Ca.pe Girardeau, Missouri,
ha.s by r�solution in writing, duly adopted at a meeting of said Council held on
the 3���day of , 196y , found and dEclared it to be necessary
to improve that part of Quince Street
in the City of Cape Girardeau, Missouri� from the end of the existirig concr�te
pavement near the east eide of Barberry S`treet to a point 9 feet r+rest of the
center line of Edgewood Road
by grading to the established grade and constructing thereon a Portland Cemsnt
Concrete Pavement 6 inches thick and 30 feet in width between the back of curbs,
except at the intersection with Edgewood Road where the pavement shall be con-
structed as shown on the plans, together with integral curb along the �ide�
thereof, all as shor+m on the plans for aaid improvement
the total distance of said improvement to be approximately 2�3�7 feet, and along
which property subject to assessment for said improvement totals approximately
k��,�� feet, Said resolution further provided tha.t said work of improvement
should be done by contract let in the usual a�d 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 Ordinance.
SECTION 2. That the Council finds and declares that said resolution has been
publi.shed in the Southeast Missourian, a daily newspaper printed and published in
the City of Cape Girardeau� A4issouri, for seven consecutive issues, and that more
than ten days have elapsed since the last publication thereof j�n 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 �ein� of the opinion that the necessity sti�.l exists for the
improvement of said +;Zuince Street proposed in said resolution� hereby
reaffirms its previou5 ac-cion 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 Quince Street in the City of Cape Girardeau, Missouri�
commencing at the end of the e�dsting concrete pavemant near the east side of
Barberry Street and e�ttending to a point 9 feet west of the center lin� of Edgewood.
Roa.d
be improved by grading to the established grade and constructin� thereon a Portland
Cement Concrete Pavem�nt 6 inches thick and 30 feet in �ridth betwe:en the back of curbs,
exce t at the intersection isith �ew�ood Road where the pav�ement shall be eonstrueted
as s�iown on the plans, together wi� ��,egral curb along the sides thereof, all as �
ahown on the plans for said improvez�ent � �
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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 k. The Council further orders and directs that said work of
improvement on that part of @uince Stree� 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 wbr�k p�epared by �he City Engineer and
on file in the �ffice of the City Clerk arid heretofore approved by the Council,
except such items of work necessary to the p�oper construction of the i.mprovern�nt
and unforseen and not included in the estirnate of cost; and said work of improve-
ment shall be done in such manner as to comply with all; appl�.cable statutes and
ordi.nances. No contract shall be entered into unde� au'thority of this ordinance
that exceeds the estimate �f the whole cost of the improveme�t previously made
by the City Engineer and above referred to. The Council further fi.nds and
declares that in its �udgment the condition of the General ReYenue Fund of the
City is such that no part �f the cost of said improvement sha11 be paid therefrom.
SECTTON 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 ef 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 wi.11 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 b. The Mayor •f 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 wnrk 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 Erigineer in a written report
thereof, and when said report has been approved and adopted by the City C�uncil,
the cost of said work shall be paid for with special tax bills issued in favor
af 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
prop�rtion to the n��er •f fi•or�t feet fronting •r abutting on said portion
of said street oo impr�ved and in accordance with the law , and which said special
tax bil.ls G��a11 be delivered to the said Cmntractor. Stiich special tax bills shall
bear interest from 60 days after their date at eight (8) per cent, per annum.
SECTION 8« This •rdinance shall take effect and be in force from and after
ten days after its passage and approval.
St �Passed and approved this �� day of , 19 O .
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City Clerk