HomeMy WebLinkAboutCommForm.2431.06-01-1964 r �
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COMMISSION FORM ORDID;ANCE N0. �
AN ORDINANCE REAFFIRN�7NG THE ACTION OF THE CITY COUNCIL IN DECLARING IT
NECESSARY TO IMPROVE, PROVID�iG FOR THE IMPROVEMENT, DIRECTING THE CITY CLERK TO
ADVERTISE FOR BIDS TO DO THE WORK AND PROVIDING FOR THE ISSUANCE OF SPECI�L TAX
BILLS IN P/�YMENT OF THE COST OF SAME, ON THAT PART OF HILLVIE'W DRIVE FftOA: TI'.E
EXISTING CCNCRETE PAVr�NT 78 FEET SOUTH CF THE CENTER OF JE`�3EL D�IVE TO THE
CEiuTER OF QUINCE STREET
IlV THE CITY CF CAPE GIRARDEAU, MISSOURI.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRI�RDEAU, MISSOURI,
AS FOLLOWS:
SECTION 1 . That the City Council of the City of Cape Girardeau, Missouri,
has by�solution in writing, duly adopted at a meeting of said Council held �n
the�._--day of ";� ,� , 19��'�/, found and declared it to be necessary
to prove that part�df Hi ew Dri 6
in the City of Cape Gir eau, Missouri, from the existing concrete pavement 78
feet south of the center of Jewel Drive to the center of Quince Street
by grading to the established grade and constructing thereon a Portland Cement
Conerete Pavement 6 inches thick and 30 fe�t wide between the back of curbs,
except at the intersection with Quince �treet where the pavement shall be
constructed as shown on the plans, to�ether ith integral curh along the sides
thereof, all as shown on the plans for said improvement
the total distance of said im�provemerrt to be approximately 7g6.3feet, and along
which property subject to assessment for said improvement totals approximately
1524.4 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
�rdinance and further provided that special tax bills should be issued in payment of
the cost �f said improvement based an an assessment against the property fronting
or abutting on said portion of said street so improved, as provided by law, and
accerding to the plans, specifications and estimate •f cost therefor made and filed
with the City Clerk and adepted 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 of the resident �wners of lands liable f�r the cost of said improve-
ment at the date sf the passage of said resoluti�n and who also own a ma,jority 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 City Clerk
their protest against the improvement as required by law and •rdinances of the
City. The Council being •f the opinion that the necessity still exists for the
improvement of said Hillview Drive proposed in said resolution, hereby re-
affirms its previous action in declaring said 3mprovement 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 n•w hereby •rders and directs that
that part of Hillview Drive in the City of Cape Girardeau, Missouri,
- -c�encing at th� exi.sting concrete pavement 7g feet south of the center of Jewel
Drive and extending to the center of Quince Street
be i.mproved by grading to the established grade and constructing thereon a Portland
Cement Concrete Pavement 6 inches thick and 30 feet wide between the back of curbs,
exceFt at the intersection with :�uince :�treet where the pavement shall be constructed
as shown on the plans, together with integral curb along the sides thereof, all as
shown on the plans for said improvement
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all in accbrdance 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 ord�nance.
SECTION !�. The Council further orders and directs that said work of
improvement on that part of Hillview Drive above described be
done by contract, and that i't be done so that it will in all respec�s eomply
with the said plans ancl specifieations therefor, and that the cost thereof will
not exceed the estimate of cbst 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 wdrk necessary to the proper construction of the im.provement
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 improvement previously made
by the City Engineer and above referred to. The Council further finds and
declares that in its 3udgment the condition of the General Revenue F�nd 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 :as�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 work 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 Council,
the cost of said work shall be paid for with special ta,x bills issued in favor
of 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 number •f fi•or�t feet fronting or abutting on said portion
of said street eo improved and in accordance with the law , and which said special
tax bills shall be delivered to the said C�ntractor. Slzch 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 '�'`-e— , 196�.
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Mayor
Atte st:
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City Clerk