HomeMy WebLinkAboutCommForm.2376.07-22-1963 M {
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COMMISSION FORM ORDII�il�NCE N0. � � Co
AN ORDINANCE REAFFIRN�ING THE ACTION OF TH�, CITY COUNCIL IN DECLARING IT
NECESSARY TO INIPROVE, PROVID�NG FOR THE IMPROVEMENT, DIRECTING THE CITY CLERK TO
ADVERTISE FOR BIDS TO DO THE WORK AND PROVIDING FOR THE ISSUANCE OF SPECIAL TAX
BILLS IN Pf�YMENT OF TI-�E COST OF SAME, ON THAT PART OF SPRING AV�iUE FRCM A POINT
10 FEET SOUT'H OF THE CENTr,Fc OF BESSTE STR.E7��'T, NORTH, A DISTAIJCE OF 655.5 �T
IN THE CITY Cg' CAPE GIRARDEAU, MISSOURI.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRI�R.DFAU, MISSOURI,
AS FOLLOWS:
SECTION 1 . That the City Council of the City of Cape Girardeau, Missouri,
has by �olution ' riting, duly adopted at a meeting of said Council held �n
the .�day of , , 1963 , found and declared it to be necessary
to i�1 rove that pa of,< Spring Avenue from a point 10 feet south of the center
of Bessie Street, rth, a distance of b55.5 feet �
� in the City of Cape Girardeau, Missouri, � ��
bY grading to the established grade and ccanstructi.ng �hereon a Portland Cement
Concrete Pavement 6 inches thick and 30 feet wide between the back of curb� except
at the intergection with Bessie Street where saia pavement shall be constructed ag
shown on the plans, together with integral curb along the �ides thereof, and the
necessar�r pipe and inlets for the removal of storm water, all as shown on the plans
for �aid improvement :
the total distance of said i.mprovement to be approximately 655.5feet, and along
which property subject to assessment for said improvement totals approximately
1196 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
acce�rding 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 fi.nds 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 cansecutive issues, and that more
than ten days have elapsed since the last publication thereof in said paper, and
that a ma3ority ef the resident �wners of lands liable fmr the cost of said improve-
ment at the date of the passage of said resoluti�n and who also �wn a ma�ority 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, file with the City Clerk
their protest against the i.mprovement 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 Sprir,g Avenu� propesed 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 imposed by la�t
and ordinance for said improvement have been complied with and that it thereby
acquired authority to order said improvement and n•w hereby erders and directs that
that part of Spring Avenue in the City of Cape Girardeau, Missouri,
commencing at � a point 10 feet south of the center of Bessie Stree� and extendir�g
north a distance of 655•5 feet
be improved by grading to the established grade and constructing thereon a Portland
Cement Concrete Pavement 6 inches thick and 30 feet wi.de between the back of curbs
except at the inter�ection with Bessie Street where said pavement shall be constructed
as shown on the plans, togethtr with integral curb along the sides thereof, aazd the
necessa�jr pipe and inlets for the removal of storm water, a11 as shown or► 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 �. The Council further orders and directs that said work of
improvement on that part of Spring �venue 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 Engineer and
on file in the •ff ice of the City Clerk and heretofore approved by the Council,
except such items of work necessary to the proper construction of the i.mprovement
and unforseen and not included in the estimate of cost, and said work of improve-
ment shall be done in such manner as to compJ,y with all applicable statutes and
ordi.nances. 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 judgment the condition of the General Revenue Fund 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 cf said
improvement according to the plans, specifications and estimate of cost therefor�
and i.n accordance with law and this ordinance, and the clerk in advertising for
such bids shall advise bidders of the deposit :emd 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 ar�y part thereof.
SECTION b. 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 i.n 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 paxcels of
land fronting and abutting on said improvement along the distance mentioned in
prop�rtion to the number �f fi•orit 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. S�.ich special tax bills shall
bear interest from b0 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 v���day of , 196 3,
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Mayor
Attest:
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City Clerk