HomeMy WebLinkAboutCommForm.2414.04-06-1964 r ,
COMMISSION FORM ORDII�AN CE N0. a� /
AN ORDINANC� REAFFIRN1ING THE ACTION OF THE CITY COUNCIL IN DECLARING IT
NECESSARY TO INIPROVE, PROVID�iG FOR THE IMPROV�MENT, DIRECTING THE CITY CLERK TO
ADVERTISE FOR BIDS TO DO THE WORK AND PROVIDING FOR THE ISSUANCE OF SPECIAL TAX
BILLS IN PHYMENT OF THE COST OF Sl�ME, ON THAT PART OF DAVID STREET FROM THE
CENTER OF N`LARVIN STREET TC TF�, I�ORTH EDGE OF THE EXTSTING CCNCRuTE PAVEN�ETIT ON
LYNNWOOD DRIVE, AS SAID DRIV� EXI�TS FAST. OF DAVID S'TR.EET
IN THE CITY CF' CAPE GIRARDEAU, MISSOURI.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRtiR,DEt�U, MISSOURI,
AS FOLLOWS:
SECTION 1 . That the City Council of the City of Cape Girardeau, Missouri,
has by resolution in writing, duly adopted at a meeting of said Council held �n
the 20thday of January , 1961+ , found and declared it to be necessary
to improve that part of David Street
in the City of Cape Girardeau, Missouri, from the center of Marvi.n Street to the
north edge of the existing concrete pavement on Lynnwood Drive, as said drive exists
east of David Street
by grading to the established grade and constructin� thereon a Portland Cement
Concrete Pavement 6 inches thick and 30 feet wide between the back oi curbs except
at intersecting streets where the pavement shall be constructed as shown on the plans,
togethes with integral curb along the sides thereof, all as shown on the plans
for said improvement
97�.4
the total distance of said improvemerit, to be approximately 97C.f�eet, and along
which property subject to assessment for said improvement totals approximately
1666,4 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
•rdinance and further provided that special tax bills should be issued in payment of
the co�t �f said improvement based on an assessment against the property fronting
or abutting on said portion of said street so amproved, as provided by law, and
accsrding to the plans, speci.fications and estimate �f cost therefor made and filed
with the City Clerk and ad�pted by the C�uncil, and in accordance with this ordin-
ance.
SECTION 2. That the Council finds and deelares that saa.d resolution has been
published in the Southeast Missourian, a daily newspaper printed and published in
the City of Cape Girardeau, Missouri, for seven c�nsecutive issues, and that more
than ten days have elapsed since the last publication thereof in said paper, and
that a ma.jority of the resident �wners of lands liable f�r the cost of said improve-
ment at the date •f the passage of said resolutisn and who also �wn a ma�ority �f
the front feet fronting and abutting �n said improvement did not within ten days
after the last date �f publicati�n •f said resolution, file with the City Clerk
their protest against the improvement as required by law and •rdinances �f the
City. The Council being •f the opinion that the necessity still exists for the
improvement of said Dav�d Street propesed in said resolution, hereby re-
affirms its previous action in declaring said 3mprovement necessary.
SECTION 3. That the Council further finds that all requirements jmposed by law
and ordinance for said improvement have been complied with and that it thereby
acquired authority to order said improvement and n�w hereby •rders and directs that
that part of David Street in the City of Cape Girardeau, Missouri,
commencing at the center of Niarviii Street aiid extending to the north edge of the
existing concrete payement on Lynriwood Driae, as said drive exists east of David
Street
be improved by grading to the established grade and coizstructinb thereon a Fortland
Cer:zent Concrete Paver�ent 6 inches thick and 30 feet wide between the back of curbs,
except at intersecting streets where the pavement sn��ll be constructed as shown
on the plar.s, together with integr�,l curb alon�; the sides thereof, all as shown on
the plans fbr said improve�nt
� i
all in accordance with the plans and specifications for said improvement previous-
ly adopted and on file in the office of the City Clerk, with Chapter 88, R. S.
Missouri, and this ordinance.
SECTION 4. The Council further orders and directs that said work of
improvement on that part of David Street above described be
done by contract, and that it be done so that it will in all respects comp],y
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 estiinate of cost, and said work of improve-
ment shall be done in such manner as to comply with all applicable statutes and
ordi.nances. No contract shall be entered into under authority of this ordinance
that exceeds the estimate �f the whol.e 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 �znd of the
City is such tk�at no part �f the cost of said impr�vemsnt 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 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 C�uncil,
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 paxcels of
land fronting and abutting on said improvement along the distance mentioned in
prop�rtion to the x�umber �f fi•ont feet fronting sr abutting on said portion
of said street ao impr�ved and in accordance with the law , and which said special
tax bills shall be delivered to the said C�ntractor. Stzch special tax bills shall
bear interest from b0 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 �-�i__, 196�.
e � -�.�
/ ���
Mayor
Attest:
� �
City Clerk