HomeMy WebLinkAboutCityMgrForm.378.04-02-1969 � �
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CITY MA.NAGER FORM ORDINANCE N0. �7
AN ORDINANCE REAFFIRMING THE ACTION OF THE CITY COUNCIL IN DECLARING IT
NECESSARY TO IMPROVE, PROVIDING 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 CORDELIA AVENUE, IN OAK
PARK, Ft�.Oif THE END OF 1HE EXISTII�TG CONCRETE RADIUS RETURN AT THE SOUTH LINE OF
WHITENER STREFT� SOUTH, TO THE END OF THE EXISTIR'G CONCRETE R.AI)IL�S RETURN AT
IND�ENDENCE STREET
IN THE CITY OF CAPE GIRARDEAU, MISSOURI. �„�
BE IT ORDAINED BY THE CITY COUNCIL OF THE C�TY OF CAPE GIRARDEAU, MISSOURI,
AS FOLLOTn15:
SECTION 1. That the City Council of the City of Cape Girardeau, Miasouri,
has by resolution in writing, duly adopted at a meeting of said Council held on
the /�j r` day of �-e-L"u , 196�/ , �ound and declaxed it to be necessary
to improve that part of Cor elia Avenue in dak Park
in the City of Cape Girardeau, Missouri� from the end of the existing concrete
radius return at the South line of Whitener Street, South, to the end of the
existing cancrete radius return at Independence Street
by grading to the eatabliahed grade and constru.cting thereon a Portland Cement
Concrete Pavement 6 inches thick and 30 feet in width between the back of curbs,
together with integral cuxb along the sides thereof and necessary pipe and inlets
for removal of storm water� all as shown on the plans of said improvement.
the total distance of said improvement to be approximately 269.7 feet, and along
which property subject to assessment for said improvement totals approxima.tely
539.4 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 i.mprovement based on an assessment against the property
fronting or abutting on said portion of said street so i.mproved, 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.
SECTIOAT 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 i.mprovement 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 fi�eing of the opinion that the necessity still exists for the
improvement of said Cordelia Avenue proposed in said resolution, hereby
reaffirms 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 Cordelia Avenue in the City of Cape Girardeau, Missouri,
commencing at the end of the existing concrete radius return at the South line of
Whitener Street� South, to the end of the existing concrete radius return at
Independence Street
be improved by grading to the established grade and constructing thereon a Portland
Cement Concrete Pavement 6 inches thick and 30 feet in width between the back of
curbs� together with integral curb along the sides thereof and necessary pipe and
inlets for removal of storm water, all as shown on the plans of said improvement.
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all in accordance with the plans and specifications for said improvement previous-
ly adopted and on file in the of�'ice of the City Clerk, with Chapter 68, R. S.
Missouri, and this ordinance.
SECTION 1�. The Council further orders and directs that saic� work of
improvement on that part of Cordelia 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 estiinate of cost for said work prepared by the City Engineer and
on file in the •ffice 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 wori,l�bf improve-
ment shall be done in such manner as to comp],y with all applicable statutes and
ordinances. No contract shall be entered into under suthority of this ordinance
that exceeds the estimate �f 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 �udgment the condition of the General Revenue �nd of the
City is such that no part �f 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 .az�.d 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 �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 compl.eted 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 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 paxcels of
land fronting and abutting on said improvement along the distance mentioned in
prop�rtion to the n���r •f front feet fronting •r abutting on said portion
of said street ao impr�ved and in accordance with the law , and which said special
tax bills s}�a11 be delivered to the said Csntractor. S�ch special tax bills shall
bear interest from b0 days after their date at eight {$) 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.
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Passed and approved this � � day of �7��'�'�' , 196 / .
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Attest:
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City Clerk