Loading...
HomeMy WebLinkAboutCommForm.1565.03-14-1955COMMISSION FORM ORDINANCE NO. I.Q, AN ORDINANCE REAFFIRMING THE ACTION OF THJZJ CITY COUNCIL IN DECLARING IT NECESSARY TO DIFROVIE, PROVIDING FOR TIM !PJPROV]_&1E[qT AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS TO DO THE TVJOPK ON THAT PART OF JJILLJAJSTRRJT FROM THE STISTING C0X0_,=wE?AV'&-_MT 'T THE WEST SIDE OF XIMESOOTA iiV-24WS TO TIE' CENTER OF THE RELOCATION Or, SIR. IDAN DRIVE, 12:a THE CITY OF CAPE GIRARDEAU 1,J33OURI. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU MISSOURI, AS FOLLOT.,%IS: SECTION 1. That the City Council of the City of Cape Girardeau, Kissouri, has by resolution in writing duly adopted at a. meeting of the said Council held on the 7-,O?l day of , 1958 , found and declared it necessary to improve that part of William Street in the City of Cape Girardeau, from the existing concrete pavement at the -t,,-est side of hinnesota Avenue to the center of the Zelocation of Sheridan Drive, by grad- placing thereon grading to the established grade between property lines, and - -, th re n a Portland Cement Concrete Pavement, six inches thick with a 9 -inch thickened center joint, and 40 feet wide between the backs of curbs, except at the inter- sections of Louis Street, Sunset Boulevard, Albert Street and the Relocation of Sheridan Drive where the pavement shall be carried to the property lines of William Street, together with integral curbs along the sides thereof,, . the total distance of said improvement to be approximately 1489 feet, and along which property subject to assessment for said improvement totals approximately 2543 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 ordinance and further provided that special tax bills should be issued in payment of the cost of said improvement based on an assess- ment against the property fronting or abutting on said portion of said street so improved, as provided by law and by Commission Form Ordinance No. 3283 passed and approved on the 8th day of hay, 1925, and according to the plans, specifications andestimateof cost therefor made a --ad filed with the City Clerk and adopted by the Council, and in accordance vdth this ordinance. SECTION 2, 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,-1L17Lissouri,: and doing the City printing for seven consecutive issues, and that more than ten days have elapsed since the last publication thereof in said paper, and that a majority of the resident owners of lands liable for the cost of said imorovement at the date of passage of _ if said resolution and who also own a majority of the front feet fronting and abutting on said improvement -did not within ten days after.said last date of publication of said resolution, file with the City Clerk their protest against the improvement as required by law and the ordinances of the City. The Council being of the opinion that the necessity still exists for the improve- ment of said William Street I as proposed in said resolution, hereby reaffirms its previous action in declar- ing said improvement necessary. SECTION 3. The Council further finds that all requirements imposed by law and ordinance for said improvement have been complied with and that it has thereby acquired authority to order said improvement and it now hereby orders and directs that that part of Willi. am $treet, in the City of Cape Girardeau, Missouri,, commencing at the emisting, concrete pave-ent at the west side of ivii-rinesota Avenue and extending to the center of the Relocation off Sheridan Drive., be improved by grading to the established grade between property lines and constructing thereon a Portland Cement Concrete Pavemept six inches thick with a 9 -inch thickened center joint., and 40 feet wide between the backs of curbs, except at the intersections o± Louis 3,treet, Sunset Boulevard, Albert Street and the Relocation of Sheridan Drive, where the pavement shall be carried t-0 the property lines of',.4illiam. street, together with integral curbs along the sides thereof., all as shown on the plans for said improvement, all in accordance with the plans and specifications for said improvement previously adopted and on file in the office of the City Clerk, with Commission Form Ordinance No. 328, passed and approved on the 8th day of relay, 1925, and with this ordinance: SECTION 4. The Council further orders and directs that said work of improvement on that Tart of William . Street above described be done by contract, and that it be done so that it will in all respects comply with 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 office of the City Clerk and here- ta.fore approved by the Council, and that said work of improvement be done in such manner as to comply with the teres and provisions of said Commiss- ion Form Ordinance No. 328 and of this ordinance. No contract shall be, entered into ander authority of this ordinance that exceeds the estimate of the whole cost of the improvement previously wade 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 tart of the cost of said i orovement 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 of said improvement according to the plans, specifications and estimate of cost therefor, and in accordance Nith said Commission Form Ordinance No. 328, and this ordinance, and the clerk in advertising for such bids shall advise bidder of the deposit and bond required by law to be given, and further advise bidder that .no eonthot. mill -be -awarded the successful bidder unless he stipulates 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, and will further, upon completion of the work, pay the engineer's services and any other cost accruing in completing his contract. SFCMON b. The --ayor of the City is hereby authorized and directed to enter into a contract for the City with the Contractor who shall here- after 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 be done in accordance with the said plans, specifications, estimate of cost, Ordinance ljo. 328, 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 reporthas been approved and adopted by the City Council, 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 or abutting on said improvement along the distance mentioned in proportion to the number of front feet of property fronting or abutting on said 'portion of said street so improved and in accord- ance with the law and said Commission Farm Ordinance No. 328 and which said special tax bills shall be delivered to the said Contractor. Such special tax bills shall bear interest from thirty days after their date at six (o) per cent per annum. SECTION S. This ordinance shall take effect and be in force from. and after ten days" after its passage and approval. Passed and approved this day of v1 , 1952 _. Layor ktt e st . �" 'City Clerk