HomeMy WebLinkAboutAlderForm.728.07-02-1906 � i �_ 4
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� ORDINANCE PTO.
�.
An Ordinance to adopt the gr�.de line o� Frederick street
from the center o�' Good Hope street to the center o� Jefferson
Aven.ue, in the City o� Cape Girardeau, Missouri, as mr�de by the
cit�� engineer and to ma1�e the sE,me t,he permanent gr�.de oP said
part of Frecierick stree�, and to gr�.de and graval said part of
Fredes��.ck street, to anprove �n.d adopt plan.s and s�necif i�ations
Por s��.id improvements and to let contr�ct for said e�ork, to
pro�rid� for the payment the��eof by special tax levy on the re�.l
pro��erty, lots ar3.d parcels of ground fron�ing or abutting on sa3.d `
part af' F'rederick street�, r�n.d �o make said speciAl. ttzx lev�T
payable in Pive annual payments at the o-�tion of the ot�ner oP
ttie Prog�erty so abutting on s�.d p�zrt oP Fi�aderlck street.
� �gEREAS, The Cit�T Council �t a meet:ing, �eld October
1 � ;
5t� 1905, deeming it a �publ�c necessi�y and therefore necess�,ry
that Fre�erick stre�t from the center oP Gooci. Ho�e street to the
center of Je�ferson avenue should be gr�ded an.d graveled and did
by resolution adopt a pel�.anert gr�.de for sa�.d p�.rt o� sr�id stre�t
as shown on profile submitted by J. B. g�e�ith, e3ty engineer, at
said meeting, did so deciare by resolution, �d
l�hereas, Sa3d resolution was duly published in t�e
Cape Giraraeau Progress, a weekly netivspaner published in the cit�
(
oz' Cape Girardeau, and�doing the c�.ty pr�.nting� for tvo
ecn.secutive :�ee�s, and
'I�hereas, �he r�a�orit�T of the resi@ert owners and �ho
also own a m��ority of the front i'eet oVvned by re�idents of the �
city o� the real est��e abutting on said Frederick street betvreen
Gooa. Hope street and Jeflferson avenus, �nd whose real praperty,
lots ana parcels o� ground is liable to a special tax praportion�id.
Pro rata aecording to the number oP �ront fest oti�ned by �he said
seve���1 property o�ners €�na a.bu'��,ing and fron�ing on said
�-u
�.:;�,
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Frecerick street have not filed their prntest with �he city
elerk ag�.nst �he suid pro��osed 3.mpravenest s in wri�iting �ithin
ten days after the l�.st publication of said resolutinn as provided
by la��; and
Where«s, The City Cour.cil o� Cape Gir�.rdeau expressly
finds tha� no such protest has bEen filed �rith the city clerk by e
�. m��orifi�y of the resident property o�rners and who also o�n a
ma�orlty of the front feet owned by residen-�s �it2:in ten days
after said resolutlon to have said work don.e was published as is `'
protrided by law, ancl t�.ere�ore it is authorized to exercise po�ver
co�fer-red upon it by law in such an event, and said improvements
''� as set out in said resolLtion, in the opinion of the cif,y
eoU.n.cil are necess�sy; an.d furtY�er in the �udr ent and opirion
� of the ci ty council the ge�.er�1 revenue f`und of the city is
not 3n a conditioa to warrfl.nt an e�enditi�re the�efrom to
bring s�id Fredericl� street to the grade est�blished b;� the
cit�r engineer; and f
Wherees, The c�t� er_�;ineer has est�tbli�.hed a permunent
grade line dor Frecierick street �rom lot line to lot line
bet�reen the center af Good Hope street and the center of Jeffei°son
averue; and
�fhere�s, The city en�i�.eer has prerared plans anc�
specifications Por said contempl�ted work of grading ar�d
a�Velirig said Frederic� street from Good Hope street to
Jef�erson Avenue, an.d has made an estimr�te o� cost thereo� as
� provided by l�w; nom therefore
,
'� BE IT ORDP.IF3ED BY THE CITY COIIRTCIL OF THE CIi^Y OF
CAPE G2P,ARDEAU, 1dISS0URS� AS FOLLOWS:
�SECTIORT l. That the grac�e line as established by the ,
city en,5ineer �nd no� on file in tn.e office of the citJ clerk o�
3 the city of Cape Gir�rdeau, be and the same is hereby adopted as �
t
i
� the nei�anent �rac�e line of sa1.d Part o� Frederiek street
..
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bet��een the eenter o� Goo�. Hope street �.d t�'n.e ce�.�er of
Jeffer�o� avanue, and that said city en�ineer be �.ui�horize@
anci directed to m�a.�ae the change in pux�ple ink on the book oP
"Profiles aud Grades" oP the city to correspond �uith suid ne�r
gr�de li�.e an��. th�t al1 an.d �.n.y other gr�.de line that may have
been lzer�etofore adopted for s��i.d x�art oY' Freder'�c1s s�reet '�e anc�
the s�.me is hereb�r set aside, vacated an�. held for nau�f,.
SECTIOI�1 2. That the plan.s and specification.s for the
imnrovement oP said Frederick street from the center of Goad
HoFe street to the center of Jeff erson avenue and the esti�a.te of
cost trereofl, made b�r the cit�i engineer an.d on �'i1e in the of't'ice
,
of the city clerk, 3�e and the sane �re approved, anc� th�t in
;
�ccard:nce �rith sai� pl�s and specifications the said Freder3ck
street shnll be graded fram lot line to lot line �`i,o said est�:�;l'.�ed
g�=:i:��, and when thus brozi�� to gracie and the road bed snall be
thorouohlJ s��;tled, the saiue to be deter�ined b� �ze sir�e� arrd
�harf co�rn3.tT�ee, �:�en said str�ot s�.�.11 be graveled fror� gutter
line �o gutt�r line and tne de�,th hereinafte�� set out to-�its
The gravel shal]. be 4 incnes deop at t.�i.e outside lines
of gravel and gradually in.c��asec} in depth '�o t,ne conter o� said
�
ro�d bed, �here it shall be lp inches in dept�. The gravel
shall be o� �ooa q-aa�it�, sab�ect to the approv�.l o� t'ne street
and vJharf comrait'�ee; said �r�i�k to be done b;� contractor according
to �lans and specificatio�s on file in the of'�ice oP the cit;�
clez�?� and the r�rovisions o� this ordinan.ce to the sat�.sfaction
of the cit��r engin.eer, who sha11. at a17. times have control o�
said vrork undex �che advice ana sui ervi sion of the street and
wharf corcunit�ee.
S�CTT.ON 3. That said r�ork oP g��ading and graveling
sr�.id Frederick strQet from t�he cente-r of Good Hope street to the
center of Jef£erson avenue s�all be let to the lowest and best
bidder as a whole; s�id �Jor� to be done according to de�tailed
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plans and s�acii'ie�.t�.ons filed by the cit�r en�;ineer in the cit�
clt�i�k's ofl�ice a.�.d �he provisi�ns of tn.�.s ordin.ance as nereto�'o8e
provid�d; �x�.d that before said �orli is let a notice of the
pro;;osed Work Lo bE l�t shall. be publisned in tne Cape Gir�.rdeau
Progress, the ne�s�aper doiizg the eity prin�i�g, €�d whien notice
s'��.�11. �,�ec'i�c��lly state the charucter oP the ����u��osed work,
and �here �ne sarae is to be done, the time within �hicn the same
sha11 be completed, whicil tir�,e snala. be �ixed b�r the city council,
ar�.d that the same will be paid for b� a sne cial tax to be
levied upon the abutting real estate, lots and pa:.�cels of ground
fronting or abut�iag on said par� oP Frederiek streo� in
prol�ortion to the front foot, after said work }�as been coMpleted;
also making direct reference to the plans and s�eciPict�.tions in �
the �f�ice of t:ne city e�rk for greater and more parta.culars, an,d
which aotice �:nall be published at least tvro weeks in the paper
dain� t�e ci�,� printing. And no eontract shall be Pinally
awarded unless the bidder �to �hom said contr}zct �.s a�raarded shall
give bond 3n a sum of at least one fourth o�' the total cos� oP
the propased work, doncl�.t�.oned that he tvill Pait:nPully do the
tvor'_� as is provided by plans and speciiications and thi.s orclizlanae
an.�, vrithin the ti�e li�ited by resolu�tion ofl the City Council,
and no bids. sha1.1 be entertr�ined u�.ess accom�ar�.ed by a
csrt�.flied cneck of° _'ifty dollars. All b3.ds sh�ii.l be delivered to
the c3ty cle3•k sealed ancl opened by the clork at a regular or
�t ?ti s�eciL�.l ?neet�.n.g o� the Cit;;- Counci 1, called b�% t�.e i:Ia;�or in
that benalf, but t�e wor� of grading �.d grav�l�ng sa�d part o�
Fre�erick street sb.all not be let in �.ny event at �. p�.�ice h1.��' er
than the Estirlated cost thereo� m�de by the c.�.t� engineer as
;
here tofore x�rovided. .All contracts for the grading and �raveling f
a
sh�.7.1 be �igned in duplicate b� the contr,xctor an.ci the naJor o�'
the city, attested b� the cit� clerk, �n�i ��•prevsly provide that
the contrac�or acce�ts sneci�l taa bills issued in tnat beh.alf
3.n p�z;y�ment therPfor.
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SECTTOPd 4. Any person who shall make any contrr�ct �
with tne city for the �vork hereiu mentioned anc� :�ho agrees to
ac�e�t special tax bills in �ayment therefor Par the �vor�; done
b�T him shal]_ have no claim or lien upon or abainst fi,he ci#,y in
,'}.
an� evan� or. contingency; no �o-r'c, the �a;Tment of �rhic:n is to be
made b;� special assess�en�s, shall be a;�rarded t,o an:�r contr�ctor
�rno irillnot so agree; and Purther said coiitr�ctor shall ag-ree
that ne �ill not hold the city 13able for the cost of engiaeer�s
servicas ot� any othe^ costs that ma� accrue in fulfill.ing his
conti�ac�, but �vill pa� the sa��e on the completion of his contrac� .
SECTIOIV� b. @Phen said �or?� oP grading and graveling
Frederick street fror� the center oP Good Ho���e stree�t to the
cen�er o�' Je�'fe-rson avenue has been co�plei,ed, the eity engineer,
to�ether �rith the street ar�d �harf comm.iti,ee, sh�ll make a wrifi,�en
;
rel,oru to the couscil as to the cnarde�er of the ti�oi�i� anc� whet3ze�
or not the same �as perfoi�ned in strtc� compliance with the
terms, candit,ions �.�d reqairements of the contract, and sa�.d
rel�oi�t snall be �iled with the ci�ty clerk, who shall present
t�le sane to the cit;� council �or its a-l.prav�ii. Upon receiving
suc'rs re�ort, and on being satisfiad that the contr:�ct Por such
work �as been strietly cor�plied with, the couucil shall., b;�
resol�ation, deelare its accap�ance anc� approvr�l of the same.
SECTTON 6. As �oon as �he �ork harein provided for
h�s bean completed ana the sa�e acce�ted by the counc�.l, as
h�reinbePore provided, the city en;ine�r snall asce:t�,n and
present to t'ae cou�c�.l in �z �rrit i,en re�ort the f oll.ot.�int�
info��..�ation:
First - The ta�al costs ofl in�rovement ir�1�roved u�.aer
the con�r�ct.
Second - The aggregate nam.ber ofl running front feet
cont�ined in the aggre�ate lots or i,�ucts of' land cha-rgeable �ith
the Qosts of suc:n imnrovement �ronting or abut�ing on said p�.rt
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of Frederick stree�� �ron Good Hope street to Je�ferson avenue,
i�proved unaer the con�r�ct.
Third - A correct descri�tion of each separate lot or
,
tr�tict oP land �:{n.der the cna��ter ana orct:�.nan.cas of the citJ,
charge�ble with the costs of such improve�en t, fronting or
, j F:
ab�zv��-�g on Fredericl: street fro� Good Ho��e street to JefPe��son
avenue, improved; the name of the owner or o�,�ers of eac�2
sepa-rate lot or tract of' lan.d; the namber of' r�z�ning fron� �'eet
conuained in each sucn separate lot or tr��ct o� land; the
pro1�ortionat� cost �rice per r�zing fro�t Poot oP the total. cast
of i*nprove�nent, tne amount o�' the costs with �vh�.ch e�.ch se�al�ate
lot or tract o� land is chargeable.
SECTION. 7= IP the cau.nci� sh�a1.:L, by resolution,
approve said reFort as being in all things ig accordance �ith � ''
_ tnis or3iiiane� and the plans and spec3.Aicat:�ons for sa:i.d ;"
i�.nprovemen�s, then, �or the pu-rpose of pgfing i'or the grading
ancl gr�veling of Fredertek s�reet �rom the cent�r o� Good Hone
� strP�t to the ceuter of JePflei�son avenu�, speci�l assessments
sha.11 be levied by ordina.nce on each and every lot, piece, parcel
and tract of land frontin� and abatting on said Part of
Fre�eriek street between Good Hope street an.d Jefferson avenue,
and w�ich spec3al assessmen�s shall be levied against the s�i.d
�
lo�`�s, �ieces, pa�cels an.d tracts of la_�d as aforesaid, as ov�ned
by the several ov�ers the-reof, and in proportion to the frout
fo�t €�d �ro r::�ta as the s�.rae a-re o��+aed b�- th� seve:.�a1 o��r�e-�aJ,
anc� vrit�in 30 daJs af�ter the completion ofl said gr.�.din� and � '
gravel�`n� on said Frederick street, special t�x bil].s shall be =
issued for said �o�.�k against the o�ners ofi the several lots,
pieces, pQ��cels and tracts of land Pront'�ng an.d abutting on
Frederick st�eet between Good Hope street and JePferson avenue,and
�'nich said speeial tax bills sh�.1.]. be issued for the number of
fron�t :f eet, own.ed by the several ovmers of the several lots,
p.ieces, pa-rcels an.d tracts oP land and in pro�o��tion and pro rata
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accardiag to t�e nu;:iber of Pront Peet orvn.ed by the said sevei�al
own�rs, and al1_ said special tax bil�.s snall be assi�,m.able and
, aol�ectable b,y the o�rn,er or holder thereo�.
SECTI03�I' 8. Said special tax bills so issued to the
� eontl��ctor far grad3.ng and graveliilg Fredei��.c?� street froru the
i
;�� c����e:^ of Good Hope street t�� i,he cente�^ of Jeffe�.�uon avenue,
;I;
":` sh�I.]_ be yiens for five �ears, ��znless sooner �aid, after their
date o� issue u:�on the saveral lots, p�.eces, parcals and t-r�.�cts
ofl land. against which sx�ec?al tax bi�1_s have been issued, and
therein particularly described, and shal]. draa interest At the
rate of eight �er cen� per annum fro� 30 da�s afLer date thereofl
until ps.id. But said speoial tax bills may be made pa�able in
i�as��l7��.en�s of' one, two, three, f'our a��d five �ears, and in
th�t c:�se the lien of the s�ecial tax bills snall e��ire one
year af�er the maturity of the instalLment last matur:Lng.
Sn case an� orrner of any iot, piece, p�.rcel o-r tx��zc� a� land
fron�y�.� or abutting on Frederiek stre2t bet��een Good Hope
f
str�et an.d JefPerson ave�.ue, shall in �v-ri�ing, at any t�.me befo�e
the c�or� o� said co�.tr��ctor �or grading a�d graveling shal]. be
ace2p�ed b�� the c�ty engine�r, notiPy the city cle-rk thut he
desires to pa;;r the cost of said �rading anc� graveling in �'ron�
of h7.s property in installmen�s, it sh�all be the daty of the ;
�
cle_� to issue spec�ul tax bllls against said �rop�rty made
res:�ectively paj�able in one, tsiro, thres, fbur and i'ive �ears
from d.ate of s:.�.d speci��1. t�� bi�ls; satd spec��l tax bi�?s also
to bear interest at the rate o� eight �er cent. per annwn �rom
30 da�s �iPter the date thereof un�11 paid, and which s�id
spec�al tax bi11_s shall respectively each be for one �iPth o�
the amount o� tne *�otal srecial ta�� bill �s assessed against
such lot, �aiece, pa��cel an.d tract oP land, and one-fif th af -
said total e.moun.t shall be payable in one year, one-Pifth in t�o
ye�ars, one-;ifth in three Jears, one-;if t'n in four ;�rears and
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or�e-f'�.flth in five �ears, an.a a11 said s�ecial tax bi11s so
issaed sha11 explicitl;� stAte that i� one of the said 3.nstallment
s�ecial tax bills snall not be �aid that all the re�aining
un.paid special tax bi11s so issued on account of sAid assess-
rzent aoainst said lot, piece, parcel and tract af land shall
� `
beco�a� dae and pa�rab�e.
SECT�ON 9. A11 special t� bills so issued as a�Po-re-
said shall be assignable and coll:�ct�.ble in an;� action in the
name of the citf brought by the omner or holder oP said special
�
tax bills, but the city shall not in an.y event be liable for the !
costs that may accrue in any such �ction sc� brought on account
of said special tax bil�.s b�r tne oaa�er or holder thereoP.
Said special tax bills in all �etioud shr�l.l be prlma facie
e�ridence oP the reg,zl.arity of the proceedings by a�h3ch the
grad.in.� and graveling Frederick st.�eet frani Good Ho�e street
to Je�'�ex�son Avenae Ads orde��ed; that said siaecial assessmen�s
have been dul� an.d legally extended to construc� �c� pay fo�
said grading and graveliag, and be prina facie evidence of the
va7.idi t� o� said bills and that said wor?� has been do�e and
all. the material for the said grading �n.d graveling, farnis:ned
an.d that said lot, pieca, parcel an.d tract of land in sa3d spedial
t� bill snecified is liable foi� the cost of said �rading and
graveling.
SECTIUN 10. Tt sha11 be the duty ofl �he city cl�rk
on co�;�let�on ofl the special ta� bills issued u,.�d��-,:� t��i� or���nan.ce
aoainst t;ne o�.ez�s o� the re�.1. estate, lots �d parcels of
grou�.d �ronting and abutting on said part oP Frederick street
Yrora �,ne cen�er o� Good Hope street to t�he canter of Je��erson
�venue, to en�er all such special tax bills in a snecial. book
prov3dad for that pur�ose, anci in this baok shal]_ be stateds
First - T$e date oP the spec�.al tax bill.
Second - Thename of the propert,;,T or�ner.
Third - The name oP the pe_�son in �hose na.me the
sP���.al tax bill is issued. - 8 - �`,
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..'�"`�;.rvy ij�`�"A.sxa"`�"�i'.;!4�.^ .�_.-+r�; : . �::9�-.- _ . '(;-••^.,��•�••t �u.� . .. , . . . . . � . .
,
Fouri,h - Tb,e description of �he ;�ro�_;e�tJ aga�.nst which the
sgecial taX bil7. is issued and which is sub�ect to the lien
of the sy�ecial tax bill hereby provici�d b�r lativ.
Fifth - The street upon wh3.eh said prop�i�ty, lot or pal.�ce1
�
of groun.d fronts or abuts.
Sixth - Amount oi' t�he special t€� bill.
Se'v'e�ith - The character oP the ir��rove;�a:�t made Par r�hich
s�ec�.al tax bi?1 is issued ard a refer�a.�e to this orciina�ce by `
r
its number.
�henever an� speci�I, tax bill issuod und.er this
o��dina��ce sn�al.l be assi�ed, such assi�.rnent sha17_ be noted on =
said speeial tax b�.11 and the assi�.ee shall e�.bit the sam,e to
the citJ clarl�, who sha11 thereupan on the nargin of said sx�eeial
tax bill book make an appro��riate n,ote of such assi�,rnent,
Such special t� b3.11. may be paid by the owner oP the real estate,
lot or parcel o� groand on Frederick street as aforesaid, agr�.inst
whic.�z said special tax bill shall haEre been issued ei ���ei� to the
legal holder of such speci�zl tax bill or he ma9 p�,y the �moun.t }
of sucr t�x bill to the cit�r collector, �ho sha.11 accept the
mone� �,d make out duplicate recei�ts therefor, or.� of v�hich he
sh�.l1 d.eliver to the person �ho sh�11 przy the sAme, anci the other
rece�i:� sh�,.l be filed �v�.t�. the city clerk, and thereu��on the
clerk shall w-rite on the r��.rgin of the bool: o� special tax bills
;
the filing of such receip� of pa;rment and mark on said bo�l� of
sP����j� ��� b�11s as a�ores�id the rrord ne�.nc�l:Led" and sh�I.l
� �
affix his n�1e to such cGncellation Wi� T,he date thereof, t�nd ; '
I �
such c�ancellat,ion so made sha11 have the effect to extinouish `
�.11 liab�lity and a1l ri�ht of action on. such special tax
bil1, �.nd the ci�y collector or the presentation to him oP �
such srecfal tax bill by the owner thereof sha11. pay the ovv�ner
� ':�
of tt�e said special tax bill the amount t�hereaf, takin,g a
duplicc�te receirt therefor, one of c�hich he shall file �ith t�e
Y
cit;� clerL, �►rha shall note it or_ the r��rgin o� the boo� of
;,
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A
;r
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o� said special t� bills, and the other the city collecto:.� sha,�1 I
;
retain. For his services in this behr�,7..f the collectoi° shall be I
,'
`� entitled to a co�is:ion of tti•ro per cert or�, eacr doll�r so
collected to be paid by s�iQ contractor or ussi�.ee �nd on
���-?'�i F �a ���r the a�nount so col�ected as hei�e i�, provlded, sh�ll
�
be li�ble on his bond.
When any owner of p�operty* ugains� �vhicl� a eci�.l t�x I
�
bill sh��l be issued sh�7.1 pay the ovrner a� the tt� bill the �
a�.ount thereofl, the contr�ctor or �ssi�ee s�iall indorse on the
b�cl� thereof a receipt of the amount p�.id and dElxver the same
so ir_aorsed to the party ma],i,_ng such payT�lent, to�ethe�� �iith a
c�rt�fic�te addressed to the city cler�, stating that sucl� t�.x
bill has bee� paid and the or,�r�er of t,he pros,:erty descri bed in the
;
b�.11 �� euti-�led to a satis��ictior the:.�eof on the regisi,er and
ads�r�ct of spec�.a1 t�x bills 3�e��ein �rov�.ded, �na �he clerk :
uron re-.ceiPt of sacli certi_�'ic�te sh�11 file the s�:�ne and e�tei� �
s a`i sf ac tion, and a1 so c ertifsr o� the bac� of suc�y t€� bill that #
sucr sati sf�:ctior h4s been. entered thereon.
SECTIOTJ ll. 7'his a,din�z�ce s��a1l be in Porce and t�kke '
V '
eff ect fron and af�er its �ass��ge.
Passed by th� City Counci �g,s;3p,�
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Pres:�_c?cLt nY the Council.
Ar��roved this � da�, of 1906. � ;I�
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