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HomeMy WebLinkAboutCityMgrForm.126.04-19-1967 y .4 CITY MANAGER FORNt ORDINANC� NO i �;,,, ` Z AN ORDINANCE REAFFIRMING THE ACTION OF 2HE CITY COUNCI�, I1� DECLARtNG IT NECESSARY TO IMPROVE, PROVIDING FOR. THE IMPROVEMENT� I�II�EC��NG �'IiE CITY CLERK TO � AUVERTISE FOR BIDS TO DO THE WORK AND PROVIDING FOFt TH� tSSUANCE OF SPECIAL TAX BILLS IN PAYMENT OF THE CO5T OF SAME, ON THAT PART OF MISSOURI AVENUE FR.E�I THE SOU�'H SIDE OF THE E%ISTING CONCRBTg PAVEt�I+iT Ol� BLOOMFIELD STRh�T TO THE SQUTH LINE OF JEFFE�tSON AV�tUE IN THE CIfiY l7F CA�'E GIRARDEAU, MISSOURI. BE IT �RDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: SECTION '!. That the City Council of the City of Cape Girardeau, Missouri, has by resolution in writing, duly adopted at a meetin� of said Council held on the �� da.y of�'1a��r�� , 196� , found and declaxed it to be necessary to improve that part of l�issouri Aven�e in the City of Cape Girardeau, Missouri� from the �outh side of the eni.sting concr�te pavement on Bl.00�af'ield Street to the aouth line of Jefferson Avenue by graciing to the established grade and constructing therec>n a Portland Cement Concrete Pavement 6 inches thic� a.nd 3U feet wide between the back of curbs eacept at the intersecting streets xhere th� p�vement shall be eonstructed as sharrn on the plans, together with integral curb along the aides thereoY, and the necessary pipe and inlets for t2�e removal of stor� water, a11 as ahown on the plans for said i�aaprov�ement the total distance of said improvement to be approximately 712 feet, and along which property subject to assessment for said i.mprovement totals approximately 13y,9.�. feet. 5aid resolution further provided that said work of improvement should be done by contract let in the usual and ordinaxy way as provided by law and ordinance and further provided that special tax bills should be issued in payment of the cost of 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 accordi.ng to the plans, specifications and estimate of cost therefor ma.de and fiZed with the City Clerk and adopted by the Council, and in accordance with this Ordinance. SECTION 2, That the Council finds and declares that said resolution has been published in the Southeast Missourian, a da.ily newspaper printed and published in the City of Ca.pe Giraxdeau, Missouri, for seven consecutive issues, and that more than ten days have elapsed since the last publication thereof in said paper, and that a majority of the resident owners of lands liable for the cost of said improve- ment at the date of the passage of said resolution and who also own a majority of the front feet fronting and abuttin�► on said improvement did not wi.thin ten days after the last date of publication of said resolution, file with the City Clerk their protest against the i.mprovement as required by law and ordinances of the City. The Council �eing of the opinion that the necessity still exists for the improvement of said Missouri Av�e�ue proposed in said resolution, hereby reaffirms its previous action in declaring said improvement necessary. SECTION 3. That the Council further finds that all requirements imposed by law and ordina.nce for said improvement have been complied with and that it thereby acquired authority to order said improvement and now hereby orders and directs tha.t that part of Missouri Avenue in the City of Cape Girardeau, Missouri, eommencing at the south side of the existing concrete pavement cn Bloomfield Street and extendi.ng to the south line of Jefferson Avenue be improved by grading to the established grade ar� congtructing thereon a Portland Cemeat Conerete Pavemer�t 6 inches thick and 30 feet wide between the back of curbs, eacept at interseeting streets where the pavement shall be constructed a$ shoxn on the plana, together with integral enrb along the sides thereof, and the neeessary pipe and inleta f or the re�oval of storm water, all as shown on the plans for asid improvem,ent � � • „ � � . all in accordance with the plans and specifications for said �mprovement previous- ly adopted and on f�le in the office of the City Clerk, with Chapter Sg, R. S. Missouri, and this ordinance. SECTION 1�. The Council further orders and directs that said work of improvement on that part of Missouri Avenue above described be done by contract, and that it be done so that it will in a11 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 •ff ice of the City Clerk and heretofore approved by the Council, except such items of work necessary to the proper constructiori 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 ,judgment the condition of the General Revenue F4ind of the City is such that no part �f the cost of said improvement 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 i.mprovement 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 :ar�,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 w:ill 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 i.mprovement in accordance with the law and ordinances of the City, and said contract shall provide that such work of improvement shall be done in aecordanee 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 Ceuncil, 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�lmber �f fi•or,t 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��a"11 be delivered to the said Cmntractor. Slich 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 ��l"''�� G , 196�. �' -_-_..�- yor Attest: /� � � 4 ��'� f� � GI.C.�� 1 ` �-�+ K_��--c� City Clerk ,- __ .�.� �.�,_:_..._�.- - -- - ,--�-�=-_ --