HomeMy WebLinkAboutCityMgrForm.147.06-21-1967 � .,I� , . , • � , '
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CITY MANAGER FORM ORDINANCE NO. ���_
AN ORDINANCE PROVIDING FOR THE REPAIRING,
RESURFACING, LEVELING, CURBING, GUTTERING
AND GENERAL IMPROVEMENT OF�HARMONY 5TREET,
FREDERICK STREET, FOUNTAIN STREET, MARIE
STREET, WASHTNGTON AVENUE, ELLIS STREET,
BROADWAY STREET, GOOD HOPE STREET, JEFFERSON
AVENUE, HENDERSON AVENUE, BENTON 5TREET,
MAPLE STREET, SUNSET BOULEVARD, LUCE 5TREET,
SUNSET COURT, LACEY STREET, THILENI�S STREET,
LORIMIER 5TREET, PARK AVENUE, WHITENER STREET,
THENfIS 5TREET, DUNKLIN STREET, HICKORY STREET,
LOCU5T STREET AND PERRYVILLE ROADAND WATER STREET
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CAPE GIRARDEAU, MI5SOURI, as follows:
SECTION 1. That the portion of certain streets as listed herein
on Exhibit A attached hereto and made a part hereof as though fully in-
corporated herein, in the City of Cape Girardeau, Missouri, the same
being District No. A in the City of Cape Girardeau, Missouri, as laid out
and designated by Commission Form Ordinance No. 800, passed and
approved on the 23rd day of July, 1937, and Commission Form Ordinance
No. 1616, passed and approved on the 20th day of June, 1955, and City
Manager Form Ordinance No. , passed and approved on the 3rd
day of May, 1967, shall be repaired, resurfaced and improved in accordance
with said Commission Form Ordinance No, 800 and 1616 and City Manager
Form Ordinance No. /3�f' , as Project No. , in said District
No. A.
SECTION 2. That the portion of certain streets as listed herein
on Exhibit B attached hereto and made a part hereof as though fully
incorporated herein, in the City of Cape Girardeau, Missouri, the same
being in District No. B in the City of Cape Girardeau, Missouri, as laid
out and deaignated by Commission Form Ordinance No. 800, passed and
approved on the 23rd day of July, 1937, and Commission Form Ordinance
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No. 1616, passed and approved on the 20th day of June, 1955, and City
Manager Form Ordinance No. /�j , passed and approved on the
3rd day of May, 1967, shall be repaired, re surfaced and improved in
accordance with said Commis sion Form Ordinance No. 800 and 1616 and
City Manager Form Ordinance No. /�, as Project No. , in said
District No. B.
X SECTION 3. The work to be done shall include either an asphalt
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seal coat over the existing pavement or a resurfacing aver the existing
pavement with asphalt, together with all necessary repaira of the existing
pa.vement, together with curbing along the side thereof and all repairing of
present curbing along the sides thereof, or the widening of existing pavement
and installation of curbing along the sides thereof, and any incidental work, all
as shown on the plans on file at the office of the City Clerk. :
SEGTION 4. That said improvements of the streets listed on Exhibits
A and B shall be done in accordance v�rith the plans and specificatians and estimate
of cost for said improvements, prepared by the City Engineer, filed with the
City Clerk and hereby approved and adopted by the City Council as filed with
the City Clerk and as examined by this Council and in accordance with Chapter
88 and all modifications thereof, Revised Statutes of Missouri, 1959 as amended,
and all ordinance s which may be enacted governing the construction of the se
particular improvements..
SECTION 5. That the Council of the City of Cape Girardeau, Missouri,
deems and declares hereby that a public neceasity exists for the improvement
of the streets, all as set out herein and all as shown on the plans for such
improvexnents.
SECTTON 6. That the existing grade on all of such streets as
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described herein shall be and continue to be the grade of each of such streets,
all as previously established by ordinance.
5ECTION 7. That all plans and specifications and estimate of
cost of such improvements as presented herewith and as are on file in the
office of the City Clerk are hereby approved with the passage of this
ordinance.
5ECTION 8. The Council further orders and directs that said
work o� improvement on that part of the streets named herein, be done
by contract, and that it be done so tha.t it will in 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 office of the City Clerk and heretofore approved by the Council,
except such items of work necessary to the proper construction of the improve-
ment and unforseen and not included in the estimate of cost; said work
of improvement shall be done in such rnanner as to com,ply with all applicable
statute s and ordinance s. No cflntract shall be entered into under authority
of this ordinance that exceeds the estimate of the whole cost of the improve-
ment 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
Fund of the City is such that no part of the cost of said improvements shall be
pa.id therefrom.
SECTION 9. That said work of improvement on the streets named herein,
and in particular but not limited to, the repairing, surfacing and re surfacing sha.11
be contracted for on a unit basis for the estimated quantity for the streets named
herein, all in accordance with plans and specifications and estimates of cost
for said improvements prepared by the Gity Engineer and naw on file in the
office of the City Clerk.
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SECTION 10. The City Clerk is hereby authorized and directed to
advertise for bids in the newspaper doing the City printing for the construction
of said improvements according ta 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 of the deposit and bond
required by law to be given, and further advise bidders that no contract will
be awarded the succe s sful bidder unle s s he stipulate a 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 11. The Mayor of 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 ordinance s of the City, and said contract shall provide that such work
of impravement shall be done in accordance with the said plans, specifications,
e stimate of co st, and this ordinance.
SECTION 12. 5aid repairing, surfacing and resurfacing of the
streets named herein shall be done under the direction and superviaion of
the City Engineer, and the cost of such repairing and resurfacing shall not
exceed an amount equal to one dollar ($1. 00) per front foot of property fronting
and abutting on said portion of such streets improved.
SECTION 13. An accurate account shall be kept by the City Engineer
of the cost of the work mentioned in the preceding section, including all pay-
ments at contract prices af the work and all portions thereof done by contract,
and such costs shall be defrayed by a special tax ta be asse ssed in favor of
the City of Cape Girardeau, Missouri, against the property f;ronting and abutting
on said pQrtion of said streets in the proportion that the linear feet of each lot
or tract fronting and abutting on said portion of said streets bears to the total
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number of linear feet of all the property fronting and abutting on that portion
of said streets so repaired and resurfaced.
SECTION 14. Upon the completion of said work the City Engineer
shall repart to the Council the total cost of said repairing and resurfacing of
said streets, the total num.ber of linear feet of property fronting and abutting
thereon, and the praportionate share of such total cost chargeable against
each lot, tract, and parcel of land fronting and abutting on said portion
of said streets, in accordance with the provisions of this ordinance.
SECTIONIS� Upon the filing of such repQrt by the City Engineer,
the City Council shall examine the same, and if said report be found
correct, and the total cost of said repairing and resurfacing does not
exceed One Dollar ($1. 00) per front foot on all of the property fronting and
abutting on the said portion of said streets, the Council shall levy and assess
a special tax against said property in accordance with said report. Said tax
bills shall be sold for not less than their face value, aad assigned by the City
Clerk to any purchaser or purchasera thereof, Said Tax Bills shall be payable
in two annual installments at the rate of six (6°fo) per cent per annum from and
after 60 days after the date of issuance. Such tax bills shall provide that
the first insta.11ment of one-half sha.11 be due and awing within 60 days from the
date of issue and the second installment sha.11 be due and owing one year there-
after; said tax bills shall provide that if any annual installment or the interest
thereon is not paid when due, then the remaining installment sha.11, at the option
of the holder of the tax bill, become immediately due and payable; provided that
the owner of property charged with the payment of the tax bill or the owner of any
interest therein, shall have the privilege of paying the whole of any tax bill in
full at any time or on any annual installment payment date, of paying in full
the remaining installment not af maturity date. The foregoing provisions for
payment in two installments shall apply only if the property owner liable for the
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tax bill is also responsible for a tax bill for curbing on said streets. If not so
responsible said tax bills shall be payable within 60 days after the date of
isauance and bear interest at the rate of �ight per cent (8%) after said 60
day period if not paid within said time.
SECTION 16. In the event such work as set out in the preceding
section exceeds the sum of One Dollar ($1. 00) per front foat of property
fronting and abutting on said portion of any of said �treets improved, then
in such event, the City of .:•�ape Girardeau sha.11 bear the cost of such excess,
and such exce s s, if any, shall be paid for out of the separate fund on hand
known as the Gas Tax Fund.
SECTION 17. Upon the completion of the work of curbing as
provided for herein, the City Engineer shall report to the Council the
total cost of said curbing and the total num.ber of linear feet of property
fronting and abutting thereon and the praportiQnate share of such tatal
cost chargeable against each lot, tract and parcel of land fronting and
abutting on said portion of said curbing in accordance with the provisions of
this ordinance. Upon the campletion of the work of repairing curbing as provided
for herein, the City Engineer sha.11 repart to the Council the cost of such repair-
ing and the cost chargeable against each lot, tract and parcel af land fronting
on the curbing repaired in accordance with the provisions of this ordinance.
SECTION 18. Upon the filing of the report by the City Engineer
of the total costs for curbing and repairing of curbing on the streets mentioned
herein, as provided for herein, the City Council shall examine the same and if
said report be found correct, the Council shall levy and asaess a special tax
against said property in accardance with said repor� Said tax bills shall be sold
for not less than their face value and assigned by the City Clerk to any purchaser
or purchasers thereof. Said tax bills shall be payable in two annual installments
at the rate of six per cent (6%) per annum from and after sixty (60) days from the
date of issue and the second installment sha.11 be due and owing one year there-
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after, and said tax bills shall pravide that if any annual installment or
the interest thereon is not paid when due, then the rem.aining installments
shall, at the option of the holder of the tax bill, become ixnmediately due
and payable; provided that the owner of property charged with the pay�ment
of the tax bill or the owner of any interest therein sha.11 ha.ve the privilege of
paying the whole of any tax bill in full at any time or on any annual installment
payment date, of paying in full the remaining installment not of maturity date.
SECTION 19. In the event the tota.l cost of the installation or repair
af said curbing exceeds $3. 00 per front foat on all of the property fronting
and abutting on the said portion of any of such streets, the Council shall levy
and assess a special tax against such property not to exceed the sum of $3. 00
per front foot, and in such event all sums over $3. 00 per front foot for the
cast of any of said improvements as �et out in this section shall be paid for by
the City of Cape Girardeau out of the Gas Tax Fund.
SECTION 20. Upan the completion of the work of widening of existing
pavement and installation of curbing along the side thereof, as pravided for
herein, the City Engineer sha.11 report to the Council the total cost of said
widening and installation of curbing and the total number of linear feet
of property fronting and abutting thereon, and the proportionate sha.re of
such total cost chargeable against each lot, tract and parcel of land fronting
and abutting Qn said portion of said streets in accordance with the provisions
of this ordinance.
SECTION 21. Upon the filing of the report by the City Engineer
of the total costs far widening the existing pavement and installation of
curbing along the sides thereof, on the atreets mentioned herein, as pro-
vided for herein, tlze City Council shall examine the same and if said report
be found correct, the Council sha.11 levy and aesess a special tax against said
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property in accordance with said repor� Said tax bills shall be sold for not
less than their face value and assigned by the City Clerk to any purcha.ser
ar purcha.sers thereof. Said tax bills sha.11 be payable in two annual install-
ments at the rate of six per cent (6%) per annum from and after sixty (60)
days after the date of issuance. Such tax bills shall provide that the first
installment of one-half ahall be due and owing within sixty days from the date
af issue and the second ins tallment shall be due and owing one year thereafter,
and said tax bills shall provide that if any annual installment or the interest
thereon is not paid when due, then the rexnaining installments shall, at the
option of the holder of the tax bill, become immediately due and payable;
provided that the owner of the property charged with the payment of the tax
bill, or the owner of any interest therein, ahall have the privilege of paying
the whole of any tax bill in full at any time or on any annual installment payment
of paying in full the remaining installment not af maturity date.
SECTION 22. Tha.t portion of the ta.x billa provided for in the preceding
section allocated to the cost of curbing shall be separated from that portion of
said tax bi.11 allocated to the cost of widening of the street, and the owner of
the property fronting and abutting thereon shall be respQnsible only for the
total coat of the installation of such curbing as defined hereinafter, and that
portion of the tax bill allocated to the cost of the widening of the street shall
be paid for by the City of Cape Girardeau, out of the separate fund on hand
known as the Gas Tax Fund. In the event the total cost of the installation of
such curbing exceeds Three Dollars ($3. 00) per front foot on all of the property
fronting and abutting on the said portion of any of such streets, the Cou.ncil shall
levy and assess a special tax against such property not to exceed the sum of
Three Dollara ($3. 00) per frant foot, which sum shall be allocated for such
curbing and chargeable against the re spe ctive property owner s, and in such
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event all sums over Three Dollars ($3, p0) per front foot for the cost of any
of said improveme nts of curbing as set out in this section, shall be paid for
by the City of Cape Girardeau out of the Gas Tax Fund. For all purposes
herein, curbing shall be de scribed as the elevated portion of the street on
each side thereof to the point where it reaches the established grade of such
street.
SECTION 23. 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 tax
bil�s 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 alang
the diatance mentioned in proportion ta the number of front feet fronting or
abutting on said portion of said street so improved and in accardance with
the law, and which said special tax bills shall be delivered to said contractor.
SECTION 24. All ordinance s or parts of ordinance s in conflict with
the provisiona of this ordinance are hereby repealed.
SECTION 25. This ordinance shall take effect and be in force from
and after ten days following its passage and a proval.
a��� -G�r�
Passed and approved this �3 day o -�,4e�r, 1967.
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City Clerk