HomeMy WebLinkAboutCommForm.2359.05-20-1963 t � �
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COMMISSION FORM ORDII�iANCE N0. 2359
AN ORDTNANC�+; REAFFIRNiING THE ACTION OF THE CITY COUNCIL IN DECLAftING IT
NECESSARY TO INIPROVE, PROVID�tG FOR THE IMPROVFMENT, DIRECTING THE CITY CLERK TO
ADVERTISE FOR BIDS TO DO THE WORK AND PROVIDING FOR THE ISSUANGE OF SPECIAL TAX
BILLS IN PI�YMFNT OF THE COST OF SAME, ON THAT PART OF MIDDIT STR�R�ET FROM THE
G�1TER OF PEARL STRTET TO 3'HE EgISTII+tG ASPH�iLT PAVEMERT AT THE NORTH SID� OF
MILL STR 'E..�`�T
IN THE CITY CF CAPE GIRARDEAU, MISSOURI.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE GIR/�R.DEt�U, MISSOURI,
AS FOLLOWS:
SECTION 1 . That the City Council of the City of Cape Girardeau, Missouri,
has by re�olution in writing, duly adopted at a meeti.ng of said Council held �n
the�,2'�day of �' ' ,�' , 1963 , found and declared it to be necessary
to improve that pa of Middle Street
in the City of Cape Girardeau, Missouri, from trie center of Pearl Street to the
existing asphalt pave�aent at the north side of Mill Street
by grading to the e�tabli�hed grade and con�tructing thdreon a cru�hed atons base
22 feet wide and 5 inches thick and an asphaltic concrete pavement 2 inche� thick
and 2U feet wide exce:�t at the 3.nteraecting streets whmre the pavement ahall be
constructed as shown on the plana, together with the necessary shoulders aryd :ide
ditches aIl a� aho�m on the �lans for said impravement
the total distance of said improvement to be approximately 363•7 feet, and along �
which property subject to assessment for said improvement tot,als approximately
b$6 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 on 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 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 of 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 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, f ile with the City Clerk
their protest against the i.mprovement as required by law and •rdinances •f the
City. The Council being �f the opinion that the necessity still exi.sts for the
improvement of said Niiddle 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 Middle Street in the City of Cape Girardeau, Missouri,
co�mnencing at the center of Pearl Street and extendi.ng to the exiat�g asphalt
pavement at the north side of Mill Strest
be improved by grading to the eatablished �rade and constructing thereon a
cruahed stone ba�e �:'feet wide and 5 inch�s thick and an asphaltic concrete
pavement 2 inche� thick and 2(3 feet wide except at the intereecting atreets
where the pavemeent shall be constructed a� shawn on the plans, together with
the ncessary �houlders and side ditche� all as shown on the plaris for said
improvendent
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all in acco�dance with the plans and specifications for said improvement previous-
ly adopted and on file in the office of the City Clerk, wi�h Chapter 86, R. S.
Missouri, and this ordinance.
SECTION k. The Council further orders and directs that said work of
improvement on that part of Middle 5`treet above described be
done by contract, and that it be done so tha�t it will in all respects compl�
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 •ff ice of the City Clerk and heretofore approved by the Council,
except such iteras of work neeessary to the proper construction of the improvement
and unforseen and not included in the estimate of cost, and said work of improve-
ment sha11 be done in such manner as to comply with all applicable statutes and
ordanances. No contract shall be entered into under authority of this ordinanee
that exceeds the estimate •f the whole cost of the improyement 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 Fund 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 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 .atid 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 b. The Mayor of 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 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 n�u�ber •f fx•ont 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 shall be delivered to the said C�ntractor. S�ch 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 20th day of Mag , 196�.
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��E���:..K�� �
Mayor
Attest:
�'� � J�'��,J
�pnty City Clerk