HomeMy WebLinkAboutCommForm.2347.03-18-1963 •; . ,
COMMISSION FORM ORDII�iANCE N0. ��`�,
AN ORDINANC� REAFFIRN�ING THE ACTION OF THE CITY COUNCIL IN DECLAftING IT
NECESSARY TO INIPROVE, PROVID�iG FOR THE INiPROVEMENT, DIRECTING THE CITY CLERK TO
ADVERTISE FOR BIDS TO DO THE WORK AND PROVIDING FOR THE ISSUANCE OF SPECIEIL TAX
BILLS IN PI�YNlENT OF THE COST OF S/�ME, ON THAT PART OF 3�OC� DRIVE FftOM THE
SOUTH SIDE OF TI� �CTSTING ASPHALT PAVEM�NT ON PERRYVILLL ROAD, S4UTii, A DISTANCE
OF 1002.2 �'EET
IN THE CITY CF CAPE GIRARDEAU, MISSOURI.
BE IT ORDAINED BY THE CITY COiJNCIL OF THE CITY OF CAPE GIRliRDEI�U, MISSOURI,
AS FOLLOWS:
SECTION 1 . That the City Council of the City of Cape Girardeau, Missouri,
has by r�solution ' w iting, duly adopted at a meeting of said Council held �n
the��-D`day of �� , 1963, found and declared it to be necessary
to rrove that rt of She Drivs
in the City of Cape Girardeau, Missouri, from the south side ot t�he e�cisting asphalt
pavement on Perryville Road, sonth, a distance of �OU2.2 feet
by grading to the established grade and constructing thereon a Portlsnd Cea�nt
Concrete Pavement, 6 inch�a thick and 27 feet wide between the back of cnrbs,
except at the intersecting streeta, ada�re the p�vem�ent shall be carried out as
aho�n on the plans, togeth�r with it�tegral eurb along the aid ea thereof', all
as shorrn on the plan� for aaid 3mprovement
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the total distance of said improvemerrt to be approxi.ma,tely 1002.feet, and along
which property subject to assessment for said improvement totals approximately
1918.2 feet. Said resolution further provided that said work of i.mprovement 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 of 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
accArding to the plans, specifications and estirnate •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 CounciZ 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 censecutive 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 f�r the cost of said impro've-
ment at the date •f the passage of said resolutisn and who also �wn a majority ef
the front feet fronting and abutting �n said improvement did not within ter� days
after the last date •f publicati�n •f said resolution, f ile with the City C1erk
their protest against the improvement as required by law and •rdinances 1�� the
City. The Council being •f the opinion that the necessity still exists �tsr' the
improvement of said Sherwcod 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 1aw
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 Sherxood Drive in the City of Cape Girardeau, Missouri,
commencing at the south aide of the existing asphalt pAvement on Perry�rille Road
and extending eonth a di8tance of 1002.2 feet
be improved by grading to the eatablished grade arld con�tructing thereon a Portland
Cement Concrete Pavement, b inches thick and 27 feet wide bet�neen the back oY curbm,
except at the intersecting atreets, where the pavement shall be carried ont as shown
on the plans, together with integrai c�rb along the side� thereof, all ss ahrnm on
the plans Yor aaid improvement
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all in accordance with the pla�s and specifications for said improvement previous-
ly adopted and on file in the office of the City Clerk, wi�h Chapter g8, R. S.
Missouri, and this ordinance.
SECTION �. The Council further orders and directs that said work of
improvement on that part of Sherwc>od Driye above described be
done by contract, and that it be done so th�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 •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 ui�forseen 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 ordinatzce
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 �udgment the condition of the General Revenue �znd of the
City is such that no part �f the cost of said imprevement 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 :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 wi11 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 comp].eted 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 oo impreved and in accordance with the law , and which said special
tax bi11s shall be delivered to the said Centractor. Slzch special tax bills shall
bear interest from 60 days after their date at eight ($) 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 , 196�.
Y
Mayor
Attest:
Y
•���.l,l�t, �%u-e�-�-�
City Clerk