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Home My WebLink AboutCityMgrForm.80.08-03-1966 . � � CITY I�IAIdAG�fl �3�ic FORM ORDINANCE N0. �� AN ORDINANC�: REAFFIRN�ING THE ACTION OF THE CITY COUNCIL IN DECLARING IT NECESSARY TO II�IPROVE, PROVID�TG 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 Pf�YMENT OF THE COST OF SAME, ON THI�T PART OF 5YLVAN I.�P�<� IN SYLVAN ACEZES SECCND AhD THIRD SUBDIVTSIGNS, FROI� TH:: SOUTH SIDE OF THE EXISTIAiG CONCRETE PAY:I�+�A�'T IN SYLVAN ACRES SECOND SUBDIVISION, SflUTH, 'TO THE SOUTH LIAt�; OF SYLYAN ACRES THIRD SUBDIVISIGid IN THE CITY CF CAPE GIRARDEAU, MISSOURI. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRI�RDE�U, MISSOURI, !�S FOLLOWS: SECTION 1 . That the City Council of the City of Cape Girardeau, Missouri, has by �solution in riting, duly adopted at a meeti.ng of said Council held �n the -�3 - day of �-� , 196� , found and declared it to be necessary to improve that part f S91van Ia.ne in Sylvan Acres Second zryd Third Subdivisians in the City of Cape Girardeau, Missouri, from �he aouth side of the exiating concrete pavement in Syl:van Acres Second �ubdivi�ion, aouth, to the aouth line oS Sylvan Acres T2-,ird �ubdivia�on by gr�ding to the established grade and conatructing thereon a Fertland Cement C�ncrete Pavem�nt 6 3nches thick and 2(: P�et in r+idth bestw�en the back af curbs, except at '6he interaection with the existing concrete pzvement wh�re said pavement ahall be constructed aa shown on the plans� togethcr with integral "ii�;-type" curb alcng the sidea thereoY T.nd the necesa�ry pige for the removzl af sterm water, �11 am ahown on ths plana for said improvement the total distance of said improvement to be approximately 771 feet, and along which property subject to assessment for said improvement totals approximately '1k47.7 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 �f said i.mprovement based en an assessment against the property fronting or abutting on said portion of said street so �mproved, as provided by law, and accerding 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 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 c�nsecutive issues, and that more than ten days have elapsed since the last publication thereof in said paper, and that a majority ef the resident �wners of lands liable fer the cost of said improve� ment at the date •f the passage of said resolutien and who also �wn a majority e� the front feet fronting and abutting �n said improvement did not within ten days after the last date �f publicati�n •f said resolution, file with the City Clerk their protest against the improvement as required by law and �rdinances of the City. The Council bein •f the opinion that the necessity sti11 exists for the improvement of said Sy��n �e 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 1at�t and ordinance for said improvement have been complied with and that it thereby acquired authorit to order said improvement and new hereby •rders and directs that that part of �Y�vzn L,�ne in the Cit of Ca e Gir deau Miss ri commencing at the south side of the existing ccancrete ypzvema� in �y�lvat� 'Aere� �icdhd Subdivision a,nd extending $outh to the south side of S,ylvan i�cres Third Subdiviaion be improved by Srzding to the eatablished grade znd conatructing thtreon a Fortl:�nd Cament Conerete Pavement 6 inches thick ar�d 20 feat wide betweer. the bzck of curba, sxcept at the interaection with the ex.isting concrete pavement whero said pavearnt shall be con- atructed as shown on the plar,s, together with integral "Lip-type" curb along the sid�s th�reoP u�d the nece:sa�ry pige for removal �P star� wzter, :►I1 �a shown on the plans for said improvement � 4 � 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 g8, R. S. Missouri, and this ordinance. SECTION �. The Council further orders and directs that said work of improvement on that part of Sylvan Lzne 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 �ffice of the City Clerk and heretofore approved by the Council, except such items of work necessary to the proper construction of the im.provement and unforseen and not included in the estim�ate 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 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�vement 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 :aud 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 ar�y 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 work of improvement shall be done in accordance with the said plans, specifications, estima.te 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 nf 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 z�u�uber •f fx•ont feet fronting •r abutting on said portion of said street oo impr�ved and in accordance with the law , and which said special tax bills s��a11 be delivered to the said C�ntractor. S�ch 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�. G� Mayor Attest: �� d-�-�c� City Clerk