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HomeMy WebLinkAboutCityMgrForm.127.04-19-1967 s � , � CITY MANAGER FORM ORDINANCE N0. �� 1 AN ORDINANCE REAFFIRMING THE ACTION OF THE CITY COUNCIL IN DECLARING IT NECESSARY TO IMPROVE, PROVIDING 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 PAYMENT OF THE CO5T OF SAME, ON THAT PART OF AN ALLEY B .�T MIDDLE STREET AND FOUNTAIN STREET FROM BELLEWE 5TR�'T TO NORTH SPRE�'T IN THE CITY OF CAPE GIRARDEAU, MISSOURI. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU, NiISSOURI, AS FOLLOT,iS: SECTION 1� That the City Council of the City of Ca.pe Girardeau, Missouri, has by resolution in writing, duly adopted at a meeting of said Council held on the �'� day of �j��,��-,� , 1967 , found and declared it to be necessary to improve that part of an alley between Niiddle Street and Fountain Street in the City of Cape Girardeau, Missouri, from the south side of the south gutter on Ncrth Street, south, a distance of 353 feet, by grading to the established grade and eoastrncting thereon a 2-inch Asphaltic Concrete Surfacing on a k-inch �E Asphalt stabilized cruehed atone base, 14 feet in �.dth except as otherwise shorm on the plans for said improvement the total distance of said improvement to be approximately 3�3 feet, and along which property subject to assessment for said improvement totals approxi.mately bgp 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 ordinance and further provided tha.t 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 according to the plans, specifications and esti.mate of cost therefor made and filed with the City Clerk and adopted by the Council, and in accordance with this Qrdinance. SECTIOPT 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 consecutive issues, and that more than ten days ha.ve 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 abutting on said improvement did not within ten days after the last date of publication of said resolution, file with the City Clerk their protest against the improvement as required by law and ordinances of the City. The Couneil �eing of the opinion that the necessity still exists for the improvement of said alley proposed in said resolution, hereby reaffirms its previous action in declaring said improvement necessary. SECTION 3. Tha.t 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 now hereby orders and directs that that part of said alley in the City of Cape Girardeau, Missouri, commencing at the south side of the �outh gutter Line on North Street and extending south a distance of 353 feet be improved by grading to the e�tablished grade and constracting thereon a 2-inch A�phaltic Concret� S�rfacing on a l�-in�h Asphalt stabilized cruahed stone base, 14 feet in xidth except as otherKise sho�,rn on the plans for said i.mprovement `� r all in acdordance with t�ie plans and specifications for said improvement previous- ly adoptec� and on �ile i3�i �he office of the City Clerk, with Chapter 88, R. S. Missouri, and this ordin�nCe. SECTION 1�. The Cc�uncil further orders and directs that said work of improvement on that part of said alley above described be done by cont�act, 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 construction 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 applic�ble statutes and ordinances. No contract shall be entered into under authority of this ordinance that exceeds the esti.mate �f the whol.e cost of the improvement previously made by the City Engineer and above referred to. The Council further find� and declares that in its �udgment the condition of the General Revenue �znd of the City is such that no part �f the cost of said imprevement shall be paid therefrom. SECTION 5. The City Clerk is hereby authorized and directed ta 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 i,n accordance with law and this ordinance, and the clerk in advertising for such bids shall advise bidders ef the deposit .e��.d bond required by law to be given, and further advise bic�ders 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 a�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, 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 C�uncil, 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 nlaa�ber •f fi•oxit 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 st�all 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 11`� day of _ C��'`�� , 1962. ..,�,�� r� ayor Attest: � � � �� � � � � � ��,��-�- � cc�c�,�� City Clerk