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HomeMy WebLinkAboutCityMgrForm.195.11-22-1967 . . .!"� CITY MANAGER FORM ORDINANCE N0, 195 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 4JORK AND PROVIDING FOR THE ISSUANCE OF SPECIAL TAX BILIS IN PAYMENT OF THE COST OF SAME, ON THAT PART OF AN ALiEY BE� 3pRIGG ST, AND FREDERICK ST. FROM BELI��V[JE ST. TO NORTH ST. IN THE CITY OF CAPE GTRARDEAU, MISSOURI. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: SECTION 1. That the City Council of the City of Ca.pe Girardeau, Missouri, ha,s by resolution in writing, duly adopted at a meeting of said Council held on the 2nd day of August , 196 7 , found and declared it to be necessary to improve that part of an alley between S�rigg Street and Frederick Street in the City of Cape Girardeau, Missouri, from Bellevue Street to North Street by grading to the established grade and constructing thereon a Portland Cement Concrete Pavement 6 inches thick ar�l 14 feet wide, all as shown on the plans for said improvement the total distance of said improvement to be approximately 487 feet, and along which property subject to assessment for said improvement totals approximately 926 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 Council, and in accordance with this Ordinance. 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, A4issouri, for seven consecutive issues, ar�l 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 �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. 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 part of said alley in the City of Cape Girardeau, Missouri, commencing at the north gutter line of Bellevue Street and extending to the south �utter line of North Street be improved by grading to the established grade and constructing thereon a Portland Ceu�ent Concrete Pavemcnt 6 inches thick and 14 feet wide, all as shown on the plans for said improvement �•rP� ,�� �'� � �� E ' .+w' , all in accordance with the plans and speci�ications for said improvement previous- ly adopted and on file in the office of the City C1erk, with Chapter 8g, R. S. Missouri, and this ordinance. SECTION !�. The Council further orders and directs that 'said work of improvement on that part of said alley above described be done by contract, and that it be done so that 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 •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 comp],y with all applicable statutes and ordi.nances, 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 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 of the deposit :aiad 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 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 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 improv�ment along the distance mentioned in prop�rtion to the n��ber •f f�•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 s��all be delivered to the said Cmntractor. Slzch 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 6th day of December , 196 ? � -, , --- __ - '- -�— ,� Mayor Attest: ,��l��i �� i'���/� Deputy City Clerk