HomeMy WebLinkAboutCityMgrForm.62.06-15-1966 .► ' , .
CITY MANAGER
ORDINAN CE N0. �2
AN ORDINANCE REAFFIRNiING THE ACTION OF THE CITY COUNCIL IN DECLARING IT
NECESSARY TO INIPROVE, PROVID�iG FOR THE IMPROVEMENT, DIRECTING THE CITY CLERK TO
�:DVERTISE FOR BIDS TO DO THE WORK AND PROVIDING FOR THE ISSUANCE OF SPECIAL TAX
BILLS IlV PI�YMENT OF THE COST OF SI�ME, ON THAT PART OF PENNY AV^�VUE FROM THE
CENTER OF DUNKLIlV S�REET, AS SAME EXISTS �AST OF ��-�y,�+fD� �: , TO THE SOUTH
SIDE OF Th'E EXISTING ASPHALT PAVENIENT ON 3DEW MADRID STRE�,'T
IN THE CITY tF CAPE GIRARDEAU, MISSOURI.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRkRDE�U, MISSOURI,
AS FOLLOWS:
SECTION 1 . That the City Council of the City of Cape Girardeau, NLissouri,
has by resolution in writing, duly adopted at a meeting of said Council held �n
the /3� day of �YI. , 996Z , found and declared it to be necessary
to improve that par�f Penny l�venuc
in the City of Cape Girardeau, Missouri, from the center of Dunklin �a`treet, as
same existg east of Penny Avenue to the south side of the existing asphalt pave-
ment on New Mzdrid Street
by grading to the established grade and eonstructing thereon a crushed stone base
5 i�ches in thickness when compacted, and a 2-inch asphaltic concrete surFzcing
together with pri.me coat and seal co�.t, 27 f�et wide between the back of curbs,
except a.t the intersecting streets where the pavem�nt shall be constructed as
shown on the plans for said i.mprovement, together with a F. C. Concrete curb
attdched to said pavement, a.11 as shown on the plans for said i.mprovement
the total distance of said improvemerit to be approximately 3p5 feet, and along
which property subject to assessment for said improvement totals approximately
570 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
�rdinance and f�rther provided that special tax bills should be issued in payment of
the co�t ef 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
acc�rding to the plans, specifications and estima.te �f cost therefor made and filed
with the City Clerk and admpted by the C�uncil, 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 ce�nsecutive issues, and that mbre
than ten days have elapsed since the last publication thereof in said paper, and
that a ma�ority ef the resident �wners of lands liable f�r the cost of said amprove-
ment at the date �f the passage of said resolutien and who also own a ma�ority ef
the front feet fronting and abutting �n said improvement did not within ten days
after the last date •f publicati�n �f said resolution, f ile with the Cit� Clerk
their protest against the improvement as required by law and •rdinances �� the
City. The Council being of the opinion that the necessity still exists for the
improvement of said Penny Avenue proposed in said resolution, hereby re-
affirms its previous action in declaring said 3.mprovement necessary.
SECTION 3. That the Council further finds that all requirements �mposed by law
and ordinance for said improvement have been complied with and that it thereby
acquired authority to order said improvement and new hereby srders and directs that
that part of Pen�y Avenue in the City of Cape Girardeau, Missouri,
commencing at the center of Uunklin Street, as aame exists east cf Penny Avenue
and extending to the south side of the existing asphalt pavement on New Madrid Street
be improved by grading to the established grade �.nd constructing thereon a crushed
stone base 5 inches in thickness when compacted, and a 2-inch zsphaltic concrete
surfacing together with prime coat and seal coat, 27 feet wide between the back of
curbg, except at the intersecting streets wh�re the pavement shall be eonstructed
as shown on the plans for said improvement, together with a P. C� Concrete curb
attached to said pavement, a�ll. as shown on the plans for said improvem�nt
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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 J�. The Council further orders and directs tha� said work of
improvement on that pa'rt of Penny Avenue abave described be
done by contract, and that it be done so that it will � 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 •ffice of the City Clerk and heretofore approved by the Council,
except such items of work necessary to the proper construction o� 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 �f the whole cost of the improveraent 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 Fund of the
City is such that no part �f the cost of said impr�vement sha11 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 ef the deposit :e�a,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 wr>rk 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 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�uub�r •f fi•orzt 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 Centractor. Slich special tax bills shall
bear interest from 60 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.
Passed and approved this �� day of - , 196 Co .
e
Mayor
Atte st:
C.F FJ �-/- G/�-���-�irJ
City Clerk