HomeMy WebLinkAboutCommForm.2468.12-07-1964 . -
COMMISSION FORM ORDII�iANCE N0. a�� 75
AN ORDINANCE REAFFIRN�ING THE ACTION OF THE CITY COUNCIL IN DECLARING IT
NFCESSARY TO IMPROVE, PROVIDffi�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 P/�YMENT OF THE COST OF SAME, ON THI�T PART OF BRI�JK AVr;T�dUE FRG�: Thc; C�1iTr�R
OF KGCH AV�TtTE TC THl: C�TE.� OF A�BEF�T STi�ET
IN THE CITY CF CAPE GIRARDEAU, MISSOURI.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRI�R,DEtiU, MISSOURI,
AS FOLLOWS:
SECTION 1 . That the City Council of the City of Cape Girardeau, Missouri,
has by��olution in wr ting, duly adopted at a meeting of said Council held �n
the�, � day of ���-� , 196y , found and declared it to be necessary
to improve that part of Brink Atier.ue
in the City of Cape Girardeau, Missouri, from the center of Koch avenue to the
center of rllbert Street
by grad�.ng to the establishad grade and constructing thereon a Fortland Cement
Concre�te Pavement 6 inc�.es thick ar�d 30 feet wide between ttie back of curbs,
except at the intersecting streets where the pavernent shall be cons�ructed as
shc-,an on thE plans, together with inte�;ral curb along the sides thereof, all
as shown on the ��lans for said improve:^�nt
the total distance of said improvement to be approximately 391 .5feet, and along
which property subject to assessment for said improvement totals approximately
672•g feet. Said r'esolution 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
accsrding 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 ma�ority ef the resident �wners of lands liable f�r the cost of said improve-
ment at the date of the passage of said resolutisn and who also �wn 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 City Clerk
their protest against the i.mprovement 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 Bri.r�k �venue 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 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 Br�nk �;venue in the City of Cape Girardeau, Missouri,
eommencing at the center of Koeh Avenue and extending to thE cente� of Albert Street
be improved by gr.adir.g to the established grade arid construct�.n� thereon a :ortlarid
Cement Concrete Paver�.ent 6 inches thick and 3U feet wide between the back of curbs
except at tl-.e intersect�r.g streets where the pavement shall be cor�structed as shown
on the plans, together wii.h inte�ral curb along the sides tnereof, a1:1 �.s shown or,
the plans for said i.mprove:r.ent
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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 k. The Council further orders and directs that said work of
improvement on that part of �rink tivenue above described be
done by contract, and that it be done so that it will �n 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 constructidn of 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 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 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 :arad 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 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 Council,
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 parcels of
land fronting and abutting on said improvement along the distance mentioned in
prop�rtion to the numb�r �f fx•orit 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 sha11 be delivered to the said C�ntractor. Slxch special tax bills shall
bear interest from b0 days after their date at eight (8) per cent, per annum.
SECTION 8, This •rdina,nce shall take effect and be in force from and after
ten days after its passage and approval.
Passed and approved this �� day of , 196�.
.
- Mayor
Attest:
C �
City Clerk