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HomeMy WebLinkAboutCommForm.2423.04-27-1964 . . , ,. s , � COMMISSION FOI-tM ORDIIVANCE N0. � �Z AN ORDINANCE REAFFIRN�ING THE ACTION OF THE CITY COUNCIL IN DECLARING IT NECESSARY TO IMPROVE, PROVID�tG FOR THE IMPROVEMENT, DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS TO DO THE WORK AND PROVIDING FOR THE ISSUI�NCE OF SPECIAL TAX BILLS IN Pf�YMENT OF THE COST OF SI�ME, ON THAT PART OF ALBERT STREET FROAi THE CEIVTER OF CCLLF_GE STF'u�,ET TC TH�: CF�uTEF OF BRIrdK AVENUE IN THE CITY CF CAPE GIRARDEAU, MISSOUftI. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRI�RDEAU, MISSOURI, AS FOLLOWS: SECTION 1 . That the City Council of the City of Cape Girardeau, Missouri, has b r$solution in writing, duly adopted at a meetang of said Council held �n � the��day of , 996�, found and declared it to be necessary to improve that part of Albert Street in the City of Cape Girardeau, Missouri, from the center of College Street to the center of Brink Avenue by grading to the established grade and ccnstructing thereon a Fortland Cem.ent concrete Pave�ent, 6 inches thick and 3G feet wide between the back of curbs, except as otherwise shown on the plans, together ti,rith i�ztegr•al curb along the sides thereof, all as shown on the plans for said improvement , the total distance of said i.mprovemerit to be approximately 5�0 feet, and along which property subject to assessment for said improvement totals approximately 1G34 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 cost ef said improvement based �n an assessment against the property fronting or abutting on said portion of said street so improved, as provided by law, and accerding to the plans, specifications and estimate �f cost therefor made and filed with the City Clerk and adepted by the C�uncil, and in accordance with this erdin- ance. SECTION 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 c�nsecutive issues, and that more than ten days have elapsed since the last publication thereof in said paper, and that a ma3ority sf the resident �wners of lands liable fer the cost of said improve- ,� ment at the date of the passage of said resolutisn and who also �wn a majority ef " 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 ef the City. The Council being •f the opinion that the necessity still exists for the improvement of said Albert Street proposed in said resolution, hereby re- affirms 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 n�w hereby •rders and directs that that part of Albert Street in the City of Cape Girardeau, Missouri, commencing at the center of College Street anr extending to the center of Brink r�venue be improved by grading to the established grade ar�d constructi:�g tnereon a Portla.nd Cemer.t Concrete Pavement 6 inches thick and 3C' feet wide between the back of curbs, except as otherwise showr on the plans, together with integral curb along -tr.e sides tnereof, all as sho•,�m on the plans for said improvement �� . i ._ a JI •, . , 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 1�. The Council further orders and directs that said work of improvement on that part of Aibert Street 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 comply with all applicable statutes and ordinances. 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 F�znd 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 doi.ng the city printing for the construction c�f 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 sf the deposit :end 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 awa,rded the contract for such improvement in accardance 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 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 number •f fi•ont feet fronting �r abutting on said portion of said street eo impr�ved and in accordance with the law , and which said special tax bi11s sha11 be delivered to the said C�ntractor. S�ich 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 _�7 day of h�� , 196 `� . T— A � f � ayor ;' Attest: t � ity Clerk