HomeMy WebLinkAboutCityMgrForm.146.06-21-1967 _ . . �
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CITY MANAGER FORM ORDINANCE N0. /•� 5`—+6
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AN ORDIN.ANCE 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 COST OF SAME, ON THAT PART OF �� pq,�„�� g� �
CENTSR Q� 1�T$I3SII�t�R LANE WESR TO A P�I�T 2l�9.3 �T i�EST AP THB w�s'P I.It� �P'
wE3TN1o0D DltIy,B
IN THE CITY OF CAPE GIRARDEAU, MISSOURI.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI,
AS FOLI,OWS:
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 , 196 , found and declared it to be necessary
to improve�that part of . .;::.,� :' Melrose Ammus
in the City of Cape Girardeau, Missouri, from th� cent�r ot Weisa�3slgrr Laae
�rsat to a Poirrt ?1+9.3 feet i+�est af the w�est ].3n� o! Wistwaod Dri.va
by gradirig to thm e stak�L�hed �ra�le and cc��ructing th�nron a Port].a�d Gm�nt
Concrete Psre�rent 6 inahea thiak axid 30 ts�t in rridth betxren tbe lasck c�t aurbs,
�lesa other�ri�ee ahown on ths plaua, togwther rith integrel a�urb along the sid�s
thereo!'� a11 as shatin on the plans t'or said imprownmsut�
the total distance of said improvement to be approximately $6��3 feet, and along
which property subject to assessment for said improvement totals approximately
938.6 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 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 according to the plans, specifications and estimate of cost therefor
made and filed with the City Clerk and adopted by the Coun�il, and in accordance
with this Ordinance.
SECTIOAT 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 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 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 Council fi�eing of the opinion that the necessity still exists for the
improvement of said��s• ��ue proposed in said resolution, hereby
reaffirms its previous action in declaring said improvement necessary.
SECTIOIV 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 now hereby orders and directs that
that art of Melross Av+snua
p eteater of WeiBa in the Cit of Cape Girardeau Missouri
commencing at the in8�r I�aue �ttd s�xte� to s point 21i9.� teet t+rs�
of ths �est line of Westxood Driw
be im roved b 6='��8 �o the eatabliah�d g�rsde and aonatructing th�r�on a PorLland
�
C�anen� Ccaicr+s�e Pavemeat 6 inches thick aad 30 te�t in width bet�eea the baak of
curba, w�less oth�rw3ae ahown on the plans� together �+ith intsgral curb along the
sidea th�reof, all as shv�ru on the p].ane tor said improvemssnt
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all in accordance with the plans and specifications �or said improvement previous�
ly adopted and on file in the office of the City Clerk, with Chapter g6, R. S.
Missouri, and th3.s ordinance.
SECTION 1�. The Council further orders and directs that said work of
improvement on that part of Melrose Avenue above described be
done by contract, and that it be done so that it will �,h all respects comply
with the said plans and speci.fications 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 sueh items of work necessary to the proper construct�on of the improvement
and unforseen and not included in the estimate of cost, and said work bf improve-
ment shall be done in such manner as to coraply 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 .and bond required by law to be
given, and further advise bidders that no contract will be awaxded 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 b. 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 accordance with the said plans, specifications, estimate of cost, and this
ordinance.
SECTION 7. When said work of improvement h�,s been comp]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 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 n1�uber •f fi•or,t 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�a"11 be delivered to the said Contractor. �ch 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 �'� da�r of �"�-- � 1962�
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Attest:
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City Clerk