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Home My WebLink AboutCommForm.2332.01-21-1963 � � . . , COMMISSION FORM ORDII�iANCE N0. '� AN ORDINANCE REAFFIRNLING THE ACTION OF THE CITY COUNCIL IN DECLARSNG IT NECESSARY TO INIPROVE, PROVID�iG FOR THE IMPROVEMENT, DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS TO DO THE WORK AND PROVIDING FOR THE ISSUANGE OF SPECIAL TAX BILLS IN Pt�YMENT OF TI� COST OF SI�ME, ON THAT PART OF EAST RCDTvLl D:�:Iti�,, FRONi TH� ��ft+�,ST RIGHT-GF-ZJ�Y I,IA1E CF U. S. RGti`1� P:'G. E�1 , �`�:iT �iD SOliTH h DISTtiT��CE OF 2061 F�T TC T;-iL ��JUTi� Si.DE Gl�' T,1EST RCDN.e;Y DRI��, IN THE CITY CF' CAPE GIRARDEAU, MISSOURI. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE GIR1aR.DE�U, MISSOURI, AS FOLLOWS: SECTION 1 . That the City Council of the City of Cape Girardeau, Missouri, has by�solution in writing, duly adopted at a meeting of said Council held �n the �'�.�day of ,��,,�� , 196 y, found and declared it to be necessary to improve that part of �ast Rodney Drive in the City of Cape Girardeau, Missouri, from the west right-oi-ti,ray line of U. S. Route R?o. 61 , west and south a distanc�: of 2061 feet to the south side of 'U1est �.odney Drive by �;rading to the established gradeand constructing thereon a Portland Cement Cencrete Pavement 6 inches thick and 27 feet wide between the b�ck of curbs, except at the various intersecting streets �,rhere the pavement shall be constructed as shown on the Flans, with inte�ral curb along the sides thereof and the necessary �i^e and inlets for the removal ef surface U.�ater from the pavemer.t, all as shown on �he plans for said improvement the total distance of said improvemerit to be approximately 2061 feet, and along which property subject to assessment for said improvement totals approximately 3�1�0 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 �f said improvement based en an assessment against the property fronting or abutting on said portion of said street so amproved, as provided by law, and accerding to the plans, specifications 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 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 ma�ority ef the resident �wners of lands liable for 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 en said improvement did not within ten days after the last date •f publicati�n •f said resolution, f ile 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 East Rodney Drive 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 dixects that that part of E�,st P�odr.ey Drive in the City of Cape Girardeau, Missouri, commencing at the west right-of-tilay line of li. �. N.oute I�o. 61 and extending west and south a distance of 2061 �eet to the sot�tr side of �dest F�odney Drive be improved by grading to the establishec� brade and constructir� tr�ereon a Fortland Cem�nt Concrete Pavement 6 inches thiclt ar�d 27 feet wic?e between the back of curbs, except at the various intersectin� streets where the pavel:ent shall be cor_structed as shown en tne ;lar.s, with intebral curb along the sides thereof and the necessary pipe and inlets for the rernoval of surf<yce water from the pavement, all as shown ori the plans for said ir:�provement . � ��ll,� � . ,, . , j ,� , Y , all in accordance with the pians and specifications for said improvement previous- ly adopted and on file in the office of the City Clerk, with Chapter 8g, R. S. Missouri, and this ordinanCe. SECTION 1�. The Council further orders and directs that said work of improvement on that part of East Rodney Drive 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 estilnate 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 af the 3mprovement 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 cantract 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 F�nd of the City is such that no part �f the cost of said improvement 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 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 ef the deposit :aud 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 speeial 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 i.nto 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 wr�rk 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 parcels of land fronting and abutting on said improvement along the distance mentioned in prop�rtion to the .ni�nber •f fr•or�t feet fronting •r abutting on said portion of said street oo impr�ved and in accordance with the law , and which said special tax bi11s sha11 be delivered to the said Centractor. Stiich special tax bills shall bear interest from 60 days after their date at eight (S) 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. sT Passed and approved this � � day of �t�`-�'� , 196 3. �A�, Mayor Attest: � -, C � � �� City Clerk