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HomeMy WebLinkAboutCommForm.1944.09-02-1958 ` . . � -_ C0�1•iISSI0I�1 FORi•i 0�DIPI��PTCE P10. /�'- t�tJ Oi�.DIi�t�?JCE i�E:�'I'Ii?iili�ICT THt� I.CTI0�1 OI' TI� CITY COUTdCIL Iid DECLARII'�G IT 2d�CLSSAI'�Y TO I"i�iPROVi�, PROVIDI.IG I'0� TI-� I'i�iP��OVLI:LTIT, DItt�CTIi1G T� CITY CLLF'�?: TO t1DVERTTSE FOR BIDS TO DO TI i tidOP�I� �=iI�JD PRGVIDIT�iG FOR TH:N� IS�UAIdCE OF SP'�I��L TAX BILLS Ii�1 Pi,Yi�i�i�T Ot� TFi� COST OF Sl�I��, OP1 TH�:T PART OF PENNY AVENUE FROl�: '_�H�; SOUTI3 ZINE 0��' I,OT 12, `J��1I�K�Et 'S SUBDIVISION TO T.H�; CENTER OF AiVNA STFtEET IN TH�, C ITY Or^ CAPE GI�A'�Dit!U, NLI SSOURI. BL IT Oi D:�Ii�T'�,D �Y Tfi� CITY COUidCIL OF TH:� CITX OF C�i�'� GI�i,,�ZD�;AU, r�iISS�tJRI, AS ii 0LL0;TS: ;�,CTIOi�; l. That the City Council of the Cit� of Cape Girardeau, hiissouri, has by resolution iiz writino�,duly aclo�� pted at a �eetin� of the said Council held on the ,�,,��daf of t!,c� _� :-� f , 195.�`� found and declared it to be necessa�y to improve ��� part of Penny Avenue in the City of Cape Girardeau Missouri, from the south line of Zot 12, Walker 's Subdivision to �he center of Anna Street by grading to the established grade and corLs-j;ructing thereon a Portland Cement Concrete Pavement 6 inches thick and 30 feet wide between. the backs of curbs, except at the intersecting streets where the �a.4ement shall be constructed as shown on the plans, to€ether with integral curb along the sides thereof, and the necessary pipe and in.lets for the removal of surf�,ce water, all as shown on the plans �or said improvement the total dista.tice of said im�roven�nt to be approximately 605 feet, and alon� which plbperty subject to assessment for said improvement totals approximately 1123.8,�eet. Said resolution further provided that said work of improvement should be done by contract let in the usual and ordi.nary way as provided by la.w and ordinance and further provided that special tax bills shau]�1 be issued in pa;�nent of the cost of sa.i.d improvement �ased on an assessment a�ai.nst the ,�roperty frontinb or abutting on said portion of said street so iri;�roved, as provided by la.w and bf Co��uni.ssion Form Ordinance iTo. 32£3� passed and a;���roved on the �th da�r of i�iay, 1925, and according to the plans, specifications and estir�ate of cost therefor made and filed ti�r:ith the City Clerk and adopted by the Council, and in aceordance with this ordinance. S;:,CTIOPI 2. That the Council finds and declares that said resolution has been published in the Southeast i�;issourian, a daily neti�rspaper ?�rinted and published in the City of Ca,�e Girardeau, ��issouri, and doing the City printing, for seven consecui;ive issues, and tllat nore than ten ciafs have elapsed since the la,st �ubJication thereof in said ;�aper, and that a majori�y of thc resident owners of lands ]iable for the cost of said improveraent at the date or passa;e of said resolution and v�rho also ovm a najority oi the front feet fronting and abutti..�� on said im�rover.vent did not within ten days af�er said last date of publication of said resolution, file with the City Clerk their protest a�ainst �he i.^.�prflveraent as required by law and ordinances o� the Cit f. The Council being af the opanion that the iiecessity still e�.i.sts for the improvement of said I'enny avenue pro;�osed i..n said resolution, hereby reaffir��s its previous action in declarin� said iuiprovement necessary. S�CTION 3. That the Council further fincls that a13. reruirerasnts imposed by law and ordinance for sa,id i�ny�rovement have been complied with and that it has thereby acquired authorit;; to order said i.m�rovement and it now hereby arders �nd directs tha� that part of Penny kvenue in the Cit� of Cape Girardeau, IYiissouri, comniencing at �he south line of I,ot 12, rya�er 's Subdivision and extending to the center o� Anna Street be i�nproved bT grading to the established grade and con�tructing thereon a Portla.nd �ement Concr�ete Pavement 6 inches thick and 30 feet wide bctween the backs of curbs, except at the intersecting streets where the pavement shall be constructed as shown on the plans, together with integral eurb along the sides thereof, and the necessary pipe and inlets for the removal of surface water, all as shown on the plans f or said improvement ���` ' �' . ���P'" `a ' F; Y i � ` . _ ' all in aecoxdance with the plan3 and specifications for said im�rovement previously adopted and on file in the office of the City Clerk, w►.th Cor��.i.ssion Forrn Ordinance I�?o. 32�, passed ancl approved on the �`th day of i�iay, 1925, and with this ordinance. �CTIOIV 1�. The Council further orders arut directs that rsaid work of improver.�ent on that part of Penny Avenue abovo describod be done by contra�t, and that it be done so that it will in all respects cor�ply with said plans azul specifications th�refar, and that the cost thereof will riot exceed the estima.te of cost for said work prepared by the City :�h�ineer a,�zd on file ia� the office of the City Clerk and here- tofore a5;�roved by '�he Covncil, and said w�rk of improvement sha11 be done in such n�aruier as to com*�ly with the terrra and provisions of said ComEniss- ion I'orm Ordin�ice i;o. 32� and of this ordinance. I3o contract shall be entered into under authority of t:�is ordinance that exceeds the s�tim.ate of the whole cost oi the irc�proverr.ent previously mac.e by the City �gineer and �,bove reserred to. The Covncil ituther fincls und declarea that in its jud�ent the condition of the General P�evenue l�und of the City is such that no ��.rt oi the cost of said ira>>rover.ient shall be paid therefrom. S�CTIOi•; 5. The Cit;� Clerlc is hereby authorized and directed to advertise for bids in the newsl�ay�er doin; the city printi.ng for the construction of said is�iprovene�it according to the nlans, speaifications and es�iraate of cos� tlzerefor, a.nd in aecordance with said Comr:lission Forrn Ordinance i;o. 320, �Zd �this ordinanae, and the clerlc in advertisi.n� for such bids shall advise bidder oi the de;�osit and bond recuired b;� l.aw to be �iven, ar,d further advise bidder tha.t no contract will be awarded the successful bidder unless he stiuulates in his pro�osal that he will accept special ta:; bills in pa;,rment therefor� a.nd that he will in no event hold the City liable for the cost of �he work or any part thereof, and will further, upon com��letion o� �he worlc, pay the cn�ineer�s services and any oth�r cost accruin� in coi�r;�letin� his contract. SLCTIOII 6. The i�iayor of the Ci�;y is lzereby authorized and directed to enter into a coritract for the City wit,h the Contractor who shall here- after be awarded the contract for .;uch improvei-ient iz1 accordance with the law aazd ordinances of thc City, anct said contract sha11 provide tha,t sueh work of i:npi over.ient Ue done in accordance with the said plans, specifieations, ostiii�,te of cos�,, Urdina:ice T;o. 32�, and this ordinance. SI�CTIOI�d 7. �dhen said wor�c of ii�.iprover.lent has becn cor�ipleted as herein provided <:nd has further b�en ay,�rovecl b-r the Cit� '�,n�i.�zeer in a written re�r�, thereof, and when said report has be�;n a,pproved and adopted by the City Council, thc cost of said wnrl; shal�_ bc paid for with special tzx bills issucd in favor o� �che contractor who did the work and a�ainst the lots, tracts and parcels of land Fronting and a.buttin� on said improver:ient along the distance r.zentioned in proportion to the nwnber of front feet of property frontin� or abuttin�; on said portion of said stre�t so improved and in accord- ance witlz the law and saic� Cor��.ission Form Ordinance T?o. 32� and which s�.id special ta;c bill� sha,ll be delivered to the said Contractor. Such spc;cial t�; bi11s shall bear interest fro�� thirty days af�ter their date at s i:; (6) per c ent ner a.nnuin. S�TIOP1 8. This ordinance shall talte cf:fect and be in forCe from and after ten days aftcr its p�:,ss�.;;� and an�rov � Passed and approved this .-�� day of _ � �-C � �}4�%`� '�- , 19.'� � . ������ � �� � T•iayor f�ttest; �i �' ,..� � - �( � ( ( QsT �Gi.c �� t__., � City Clerk.