HomeMy WebLinkAboutCommForm.2352.04-08-1963 , _. l�;�
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COMMISSION FOI�M ORDII�iANCE N0. � � �` I�
AN ORDINANCE REAFFIRN,ING THE ACTION OF THE CITY COUNCIL IN DECLARING IT
NECESSARY TO II�IPROVE, PROVID�IG FOR THE IMPROVEMENT, DIRECTING THE CITY CLERK TO
ADVERTISE FOR BIDS TO DO THE WORK AND PROVIDING FOR THE ISSUANCE 0� SPECIAL TAX
BILLS IN Pl�YMENT OF THE COST OF SAME, ON THAT PART OF RAN�L AVENUE FRON! THE
EXISTING C�NCRETE PAVEI�tT AT THE AiCRTH SIDE OF NIASTERS DftIVE TO THE CENTER OF
ALBERT RASCI� DRIVE AS ALBERT RASCHE DRIVE E.XISTS EAST C�' AANDOL AV�iUE
IlV THE CITY CF CAPE GIRARDEAU, MISSOURI.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRIaRDE�U, MISSOURI,
AS FOLLOWS:
SECTION 1 . That the City Council of the City of Cape Girardeau, Missouri,
has by r.esolution in writin duly adopted at a meeting of said Council held �n
the ���= day of �j 1..�C.��c� , )96� , found and declared it to be necessary
to improve that parlt of �dol dvenne
in the City of Cape Girardeau, Missouri, from the existing concrete pavement at
the north mide of Maatera Driv�e to the center of Albert Rasche Drivc a� Albert
Rasche Drive exista esat og Randol Avenue,
by grading to the establimhed grade and constructing thereon a Portland Csmeat
Concrete Pavement, 6 inches thick, s� 30 feet wide betw�een the baek of curbs,
except at f�nteraecti.ng streets where the pavement shall be conmtructed as shc,wn
on the plana, together �rith integral curb along the sidee thereof and the
neceasar� inlets and pipe for the removal of rrater from the aurface of the
p�vement, all as ahown on the plans for aaid improvemrent
the total distance of said improvement to be approximately 249.1feet, and along
which property subject to assessment for said improvement totals approximately
k26.3 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 of said improvement based an 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 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 majority ef the resident �wners of lands liable f�r the cost of said improve-
ment at the date of the passage of said resolutisn and who also �wn a majority �f
the front feet fronting and abutting en 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
iunprovement of said Randol Avenue proposed in said resolution, hereby re-
affirms its previous action in declaring said 3mprovement necessary.
SECTION 3. That the Council further finds that all requirements imposed by law
and ordi.nance 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 Randol Avenue in the City of Cape Girardeau, Missouri,
commencing at the existing ccncrete pavement at the north �ide of Masters Drive
and e�ctending to the �enter oF Albert Rasche Drive as Albert Rasche Driva existe
east of Randol Avenu�
be improved by grading to the eatablished grada and constructing thereon a Portland
Cemsnt Concrete Pavemezit, 6 inches thick and 30 feet r�r.Lde betxeen the back of curbs,
except at i.ntersecting streets where the pavement �hall be canstructed as sho�wn
on the plans, together with integral curb along the sides thereof and the neces�ary
inleta aad pipe for the removal of water from the �urface of th� pavement, all as
shown on the plans for said improvement
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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 Randol Avenue 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 estima.te 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 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 �nd 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 aecording 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 :asid 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 sueh improvement in accordance with the 1aw and ordinances of the
City, and said contract shall provide that such wnrk 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 paxcels of
land fronting and abutting on said improvement along the distance mentioned in
prop�r�tion to the .nl�mber •f fz•orit 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 shall be delivered to the said Centractor. Slich 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 � day of ��� , 196�-.
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d'N r
Mayo
Attest:
�I�i�/�'1 Q%C.�-�-�
City Clerk