HomeMy WebLinkAboutCityMgrForm.63.06-15-1966 � + .
� ,
CITY MANAGER
�� FORM ORDTr3ANCE N0. ��
AN ORDINANC�; REAFFIRN�ING THE ACTION OF THE CITY COUNCIL IN DECLARING IT
NECESSARY TO INIPROVE, PROVID�TG FOR THE IMPROVEMENT, DIRECTING THE CITY CLERK TO
ADVERTISE FOR BIDS TO DO THE WORK AND PROVIDING FOR THE ISSUANCE OF SPECIl�L TAX
BILLS IN PI�YMENT OF THE COST OF SAME, ON THAT PART OF FOUNTAIN STftEET FRQN: THE
CENTER OF ENIE..'ZALD STREET TO TI3:�� SOUTH LINE OF RUBY STREET
_ _ IlV„THE CITY CF CAPE GIRARDEAU, MISSOURI.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRIaRDEI�U, MISSOURI,
I�S FOLLOWS:
SECTION 1 . That the City Council of the City of Cape Girardeau, Missouri,
has by resolution }� writing, duly adopted at a meeting of said Council held �n
the /,�l�day of %�l� , 196� , found and declared it to be necessary
to improve that part o�' Fountzin Street
in the City of Cape Girardeau, Missouri, from the center of Emerald Street to
the south line of Puby Street
by grading to the estzblished grzde znd constructing thereon z Portland Cement
Concrete Pavement 6 inches thick znd 30 feet wide between the b�ck of curbs,
except ant the intersection of Emera.ld Street where the pzvement shall be constructed
as shown on the plzns together with integral curb zlong the sides thereof, zll
as �hown on the plans for ��id improwement
the total distance of said improvement to be approximately 475 feet, and along
which property subject to assessment for said improvement totals approximately
900 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 further provided that special tax bills should be issued in payment of
the cost of said i.mprovement based Bn 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 estimate �f cost therefor made and filed
with the City Clerk and ad�pted by the C�uncil, and in accordance with this ordin-
ance.
SECTION 2. That the Council fi.nds 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 cAnsecutive issues, and that more
than ten days have elapsed since the last publication thereof in said paper, and
that a majority ef the resident ewners of lands liable for the cost of said improVe-
ment at the date ef the passage of said resolutien and who also own a majority ef
the front feet fronting and abutting �n said improvement did not withi.n ten days
after the last date of publicati�n •f said resolution, f ile with the City Clerk
their protest against the improvement as required by law and •rdinances of the
City. The Council being ef the opinion that the necessity still exists for the
irnprovement of said Fourstain Street proposed in said resolution, hereby rei
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 new hereby orders and directs that
that part of Four,tain Street in the City of Cape Girardeau, Missouri,
commencing at the center of Emerzld Street znd extending to the south line of Ruby
Str�et
be improved by grzding to the established grade and constructing thereon � Port]..and
Cement Concrete Pa.vement 6 inches thick �nd 30 fe�t wide between the back of curbs
except zt the intersection of Emera�ld Street where said pavement shall be constructed
as shown on the plans together with integral curb along the sides thereof, all as
shown on the plans for szid 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 8g, R. S.
Missouri, and this ordinance.
SECTION 1�. The Council further orders and directs that said work of
improvement on that part of Fountain Street 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 cbst thereof will
not exceed the estimate of cost for said work prepared by the Cxty 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 i.mprovement
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 whol.e 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 Fund of the
City is such that no part �f the cost of said impr�vemsnt 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 ef the deposit :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 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 la�r and ordinances oP ths
City, and said contract shall provide that such work of improvement shall be done
in accordance with the said plans, speci.fications, 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
of 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�unber �f fi•or,t feet fronti.ng •r abutting on said portion
of said street oo impr�ved and in accordance with the law , and which said special
tax bills shall be delivered to the said C.ntractor. S�.ich 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.
Passed and approved this � day of ___���� , 196 �o .
0�ti��!r/ �
Mayor
Attest:
// � l� %
� City Clerk