HomeMy WebLinkAboutCommForm.2395.10-28-1963 • ,
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COMMISSION FORM ORDII�;ANCE N0. � �y�
AN ORDINANCE REAFFIRNiING THE ACTION OF THE CITY COUNCIL IN DECLARING IT
NECESSARY TO INIPROVE, PROVID�tG FOR THE INiPROVEMENT, DIRECTING THE CITY CLERK TO
ADVERTTSE FOR BIDS TO DO THE WORK AND PROVIDING FOR THE ISSUANG`E OF SPECIAL TAX
BILLS IN Pt�YMENT OF THE COST OF SI�ME, ON THAT PART OF NISSGLRI AV:��Ur. FR�r: THy
E�T�TIP�G CC�NCR�'TE P�U��'1iT Ai THE A10RTH SIDE OF Di;NKLITv" STit�T TG A FOII�� 1 G
Fr,n�T SCUTH GF 1^HE CE1VTEi� CF ��,"�� N°�DRID ST�;ET
IlV THE CITY CF CAPE GIRARDEAU, MISSOURI.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CkPE GIRI�R.DEAU, MISSOURI,
AS FOLLOWS:
SECTION 1 . That the City Council of the City of Cape Girardeau, Missouri,
has by�solution� wr�. ing,�uly adopted at a meeting of said Council held �n
the��4� — day of r�.,.-..... � -� , 19b,3 , found and declared it to be necessary
to improve that par of i�iissouri �ivenue
in the City of Cape Girardeau, Missouri, from the existing cor.cre�e pavement at
the :.ortri side of Dunl:lir. Street to a point 1�J feet south of the center of I��ew
Z�adrid 5treet
by grading to the established grade and constructir,g thereon a Portlar� Cement
Concrete Favement 6 inches thick and �0 fE�;t wi�e betweer. the back of curbs,
except, at the ir�tersection �fitr� n;e�r I�iadrid Street where tt;e pavement shall be
constructed as sr,own on the plars, together with int�gral curb alor_g the sides
th�reof, all as showr. on the plans for said improvement
the total distance of said improvemerrt to be approximately 3�0 feet, and along
which property subject to assessment for said improvement totals approximately
7U5 feet. Said resolution further provided that said work of i.mprovement should
be done by contract let in the usual and ordinary way as provided by law and
•rd�.nance and further provided that special tax bills should be issued in payment of
the co�t 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
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 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 c�nsecutive issues, and that more
than ten days have elapsed since the last publication thereof in said paper, and
that a majority oF the resident �wners of lands liable for the cost of said impro�re-
ment at the date of the passage of said resolutisn and who also own 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 of the
City. The Council being of the opinion that the necessity still exists for the
improvement of said �`isscuri Avenue 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 lat�
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 Nlissouri i:venue in the City of Cape Girardeau, Missouri�
commencing at the exi_stin� concrete pavement at the north side cf liu.~�klin Street
and extendir.g to a �cint 10 f e:;t so�.th of the center of Ivew h��adrid 5treet
be improved by graGin� to the established grade and constructing thereon a Fortland
Ce�ent Concrete T'aver�ent 6 inches thici� and 3C feet wide between the bac:� cf curbsr�
exc�pt at th� intersectien with New I��a,drid Street where the pav�mer.t sha11 be con-
structed as shown on the plans, together with integral cur� along the sides tnereof,
a?1 as shown on the plans for said ir„prove�nent
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a11 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 J�. The Council further orders and directs that said work of
improvement on that part of h:isscuri �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 �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
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 imprevement shall be paid therefrom.
SECTION 5. The City Clerk is hereby authorized and directed ta advertise for
bids in the newspaper doing the city printing for the construction c� 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 .and 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 C�uncil,
the cost of said work shall be paid for with special tax. bills issued in favor
af 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�r�tion to the .n�ber �f fi•ont feet fronting •r abutting on said portion
of said street eo impr�ved and in accordance with the law , and which said special
tax bills 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 ��� day of , 196 .3 .
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Ma,yor
Attest:
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,!� GLc.c-i�l--�
City Clerk