HomeMy WebLinkAboutCommForm.2355.05-06-1963 � ;
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COMMISSION FORM ORDII�iANCE N0. �� � 5
AN ORDINANCE REAFFIRN,ING THE ACTION OF THE CITY COUNCIL IN DECLARING IT
NECESSARY TO INIPROVE, PROVID�TG FOR THE IN1PROV�MENT, DIRECTING THE CITY CLERK TO
ADVERTISE FOR BIDS TO DO THE WORK AND PROVIDING FOR THE ISSUANCE OF SPECIAL TAX
BILLS IN Pl�YMENT OF TI� COST OF SI�ME, ON TH�T PART OF MAS'I'fftS DRIVE FRCM RAI�D4L
AyENUF; �'0 DAVID STREE�'
IN THE CITY CF' CAPE GIRARDEAU, MISSOURI.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRARDF�U, MISSOURI,
AS FOLLOWS:
SECTION 1 . That the City Council of the City of Cape Girardeau, Missouri,
has b �solution writing, duly adopted at a meeting of said Council held �n
the �� day of �-• ;,'_ �, , 1963 , found and declared it to be necessary
to s.mprove that pa of N'iastera Drive
in the City of Cape Girardeau, Missouri, from a point 30 feet west of the center line
of RandoZ Avenue to the cdnter line of David Street
by grading to th� e�tablished grade and constructing thereon a Portland Cement
Conerete Pavement 6 inches thick and 2fi feet xide between the back of curbs except
at David Stre3t where the pavea�ent shall be constructed as shown on the plans,
together with integral curb along the sides thereof and the necessary pipe am�.
inlet� for the removal of atorm water, all as shown on the plans for said
improvement
the total distance of said improvemerrt to be approximately 1168 feet, and along
which property subject to assessment for said improvement totals approximately
2296.1 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 an an assessment against the property fronting
or abutting on said portion of said street so improved, as provided by law, and
accsrding 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 censecutive issues, and that more
than ten days have elapsed since the last publication thereof in said paper, and
that a ma3ority af the resident �wners of lands liable for the cost of said improve-
ment at the date •f 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 Master� Dri�e proposed in said resolution, hereby re-
affirms its previous action in declaring said 3.mprovement necessary.
SECTION 3. That the Council further finds that all requirements 9mposed 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 Masters Drive in the City of Cape Girardeau, Missouri�
commencing at ic� a point 30 feet weat of the center line of Randol P.venue �d
extending to the center line of David Street
be improved by grading to the establiahed grade and eonstructing thereon a Portland
Cement Concrete Pavement b inches thick and 27 feet wide betw�een the back of curbs
except a David Street where the pavement shall be constructed as shown on the pla.ns,
together with integral curb along the sid¢s thereof and th� neceasary pipe and inlets
for the removal of storm i+ater, all as shown on the p]�.ns for aaid 3mprovemeirt
f''1 9
.
all in accordance with the plans and specifications for said improvem�nt previous-
ly adopted and on file in the office of the City Clerk, with Chapter 88, R. S.
Missouri, and this ordinance.
SECTION �. The Council further orders and directs that said work of
improvement on that part of Masters 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 estimate of cost for said work prepared by the City En�ineer and
on file in the •ffice of the City Clerk and heretofore approved by the Council,
except such items bf 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 complly 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 improver►�nt 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 accord.ing 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 :eiad 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 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 Council,
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 .x�1�mber •f fi•ont feet fronting •r abutting on said portion
of said street ao imprsved and in accordance with the law , and which said special
tax bi11s sha11 be delivered to the said Cmntractor. 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,
Th
Passed and approved this G ' day of _, 196.�.
� i
Mayor
Attest:
ti
K-c-�-'��
City Clerk