HomeMy WebLinkAboutCommForm.2390.09-23-1963 �
COMMISSION FORM ORDII�iANCE N0. � �/ �
AN ORDINL�NCE REAFFIRN1ING THE ACTION OF THE CITY COUNCIL IN, DECLARING IT
NECESSARY TO II�IPROVE, PROVID�iG FOR THE IMPROV�MENT, DIRECTING THE CITY CLERK TO
ADVERTISE FOR BIDS TO DO THE WORK AND PROVIDING FOR THE ISSUANCE OF SPECI�L TAX
BILLS IN Pt1YMENT OF THE COST OF SI�IME, ON THAT PART OF JEFFER50N �VETdilE r RGNi TFiE�
C�^,'TE� OF LOUIST�PaA AVERIUE TC TFir: E�S'i PROFERTY LINE OF I�ZISSOiIRI AV�JtJE
IN THE CITY CF CAPE GIRARDEAU, MISSOURI.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRIaRDFt�U, MISSOURI,
kS FOLI,OWS:
SECTION 1 . That the City Council of the City of Cape Girardeau, Missouri,
has by�solution writing, d ly adopted at a meeting of said Council held �n
the l9 day of � , 19b3 , found and declared it to be necessary
to improve that part Jefferson Avenue from the center of Louisiana Avenue to
the east property I' e f Missouri Aver�ue
in �he City of Cape rardeau, Missouri, �
by grading to tt:e established grade ard const�ucti.ng thereon a Portland Cement
Concrete Pavement 6 inches thick and 30 feet wide between the back of curbs,
except at the intersection with Louisiar.a �►venue wher� the pavement shall be
constructed as shown on the plans, together with integral curb along the sides
thereof, and the necessary pipe ar.d inlets for the removal of surface water, all
as shown on the plans for said improvement
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the to�al distance of said improvement to be approx3m�,tely 324.�feet, and along
which property subject to assessment for said improvement totals approximately
588.8 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 censecutive 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 •f the passage of said resolutisn and who also own a ma�ority •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 of the
City. The Council being of the opinion that the necessity still exists for the
improvement of said Jefferson �venue 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 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 erders and directs that
that part of Jefferson �venue in the City of Cape Girardeau, Missouri,
commencing at the center of L•ouis�:ana Avenue and extendir.g to the east propert3�
line of Missouri Avenue
be improved by grading to the e stablished grade and constructing thereon a Portland
Cement Conerete Pavement 6 inches thick and 30 feet wide between the back of curbs,
except at the intersection with Lou�siana Avenue where tYl� pavement shall be
constructed as shown on the plans, together with inte�ral curb along the sides
thereof, and the necessary pipe and inlets for the re�oval of surfacs water, all
�,s 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, wi�h Chapter 88, R. S.
Missouri, and this ordinance.
SECTION �. The Council further orders and directs that said work of
improvement on that part of Jefferson 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 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 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 3udgment 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 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 :aud 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 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, speci.fications, 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•ont feet fronting •r abutting on said portion
of said street ao impr�ved and in accordance with the law , and which said special
tax bills s�all be delivered to the said C�ntractor. S�Zch 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 approv . �``
Passed and approved this �3 iday of , 19�•
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Mayor
Attest:
V /���-c�
City Clerk