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Home My WebLink AboutCommForm.1699.05-07-1956 ' , ^ � � � '�i CONtI�IISSIOI� FO�NI Oi�DINtii�10E NO...� ► I�P3 ORDI;'1ANCE REAFFIi�.NiING 'i�iE �':C^lION OF THi, CITY CO:JPuCIL IIVT DECLFIRING IT NECESSAR.Y TO INiPROVi, PROVIDING FOR TI-I� IT�1Pi�OV��iEP1T �'1IvTIl DIiZ.ia�CTING THE CITY CLERK TO ADVERTTSE FOi-Z t3IllS TO DU THE uvUsi.K OI1T iHAi PEkRT OF Ii.�;i,LL'.i <�IT.�i�N� i�l�Cl� lHi; i�O:�T?i G��`l"i�,i� 1�Tivl:, OF TI-i�':IS S1�-T TO 1IIi i':UiTH �U:��3 LII� OF' inlili;i�IU� S^lrtc„=,i� 1id ii�; CI^lY OF CAI?:s Gl��:�.�'��U� I-irSSUtP.�I� E�:1D P�OVIDING 'r'01� '1'HL ISSU�°�iCr; GF SP:�CI��L T�X BILLS IN TFi.i� P:�YI�i�Tdt Or S�'��. BE IT Oi�,DI1INr.D BY . � CITY COUATCIL OF TH�i CITY OF Cl:Pi?, GIR�'iRDEi=1U, MIS�OL�I, AS FOLLO.�TS: Sr,CTION l. That t•he City Council of the City of Cape Girardeau, Niissouri, has by resolutio� in writing, duly adopted at a meeti_ng of the said Council held on the � �j' day of � �.�� , 1.95C"� , found and declared it necessary to improve that part of I;eller ��venue, �'roi� the nort�i Ju�-cer line oi Theuiis �treet to the nortii curb line oi Tlii7_enius Streei,., by �;r�ding to the ss��:�lisne� grade as sil06�/I1 oi1 t�ie pla.ns, and constructin��; thereosz a Portland Cen�ent, Cor.cre��e Pave_.:en�, 6 inches tnick �id 30 feet wide be�wtien the bac�:s of curas, �xcept aL a1)_ intersecti.z� screets where the pavement shal.l be carried to the propert;y lines o: F�eller �=,venue, with inte;ral curbs along the sides thereo�, all as sho�an on the plans for said unprovenent the total distance of said improvement to bc approxiriately 1019 feet, and along which property subject to assessnierit fo.r said in;.provement totals approximately 171�9.2 feet. Said resolutiori 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 furthar providad that special tax bills should be issued in payment of the cost of saic� impz•ovement based on an assess- ment against the property�fronting or abut�,ing on said portioii of said street so improved, as provided bj� law and by Comr�ission Form Ordinance No. 32�, passed and approvec� on the $-th da�s oi iv�ay, 19;?�, an�:: accordi.zg to the pla,ns, specif'ications �.nd estimate of cost therefor rna,d�:,� a�_Zd �iled s�th the City Clerk and adopted by the Council, and in accordaizce ��i�h ihis ordinance. SECTION 2.. The Council finds and declares th�t said resoluti.on has been published iiz ti�e Southeast I�iissourian, a dai1�,* newspaper printed and published in the City o.f Cape Girardeau, A��.issouri, and doin�; the City printing for seven consec�:tiv� issues, a.:d �tha� more than ten da;�rs 'ciave elapsed since the last publication thereof �n said pa.per, and tha� a majority of the resident owners of lands liable for the cost of said imp:ovement at the date of passage of said resolution and t,rho also own a majority of the f'i°ont feet froni�in.g and abutting on said ��r�prov�ment did not within ten days after said last date of publication of said resolution, file wi�h the City Cl.e-rk trieir protest against the improvement as required py law and the ordinanc�s of the City. The Council being of the opinion that the necessit�r stiL ex.ists for ttie iMprove- ment of said Ke11e� ��venue as proposed in said resolution, hereby reaffirn:s its previ_ous action in declax- ing said improvement necessary. SECTION 3. The Council further finds that al1 requirements imposed by law and ordinance for said imnrovernent have been complied with and that it has thereby acquired authorit;� to order said in�prcvement and it now hereby orders ar.d directs that that part of 'r;elle� t�venue in the City of Cape Girardeau, Niissouri, comMencing at the nori;iz �ut�er line oi 'inezii.s a�ree� and ex�endin` to tne north cuz�� li:ze o= Ti7ilenius Street, be �provea by grading to the established grade as shoti�r�z on the plans, and constY�uc�in� thereon a Por-tland CeMe�i�L Concrei,e Pavement, 6 inches thick and 30 feet wide bet�,reen the backs o�' curk�s, except a�; all in�ersecting s�reets wrie.�e tne paveraen� sizall be ca-rried to the propert�* lines of {e11e: �lvenue, W.�G'il inte�ral curps along the sides thei eof, al1 as sho•,rm o:: the plans for saia iraprovement '"� -- _ • . ' � al�. in accord�.nce with the plans and specifications for said =�r.inrover��ent previously adopted and o-.� file in the office of the City C1erk, wa.th Co�i�nission Form Ordinance I�o. 32�, pa.ssed and ar?proved on the, gth day of i.ay, 1925, and i,rith tl�is ordinance� SECTION 1�. The Council further orders and directs that said work of improvement on tr�at �art of Keller r�ve�iue '. above described be done by contract, and that it be done so that it will in all respects cornoly with said pl�.ns and specifications therefor, and th�.t the cost thereof will not exceed the estii��ate of cost for said work prepared by the City li:n.�ineer and on file in th� office of the Ci.ty Clerk and here- toi'ore approved by the Council, and that said work of improver�ent be done in such r;anner as to coi�i�l�r �-aith the teri.�s and provisions of' said Cor�u.�iss- ion Forrn Ordinance ivo. 328 and of this ordinance. I�to contract shall be entered into under authority oi this ordina.nce that exceeds the astir��te of the whole cost af the im�rove�-�ent previously made b�T the City '.?,ngineer and a'oove referred to. The Council fuxthcr finds and declares that in its judgment the condition oi the General i�evenue Fund of the City is such that no �.rt of the cost of said ii�provement shall be paicl therefrom. S�,CTION 5. The City !;lerk is hereby authorized and directed to advertise for bids in the newspaper c�oin� the citf printin�; for the eonstruction oi' said improvement accordin� to the plans, s�ecifications a;�d estimate of cost therefor, and in accordance with said Cor.n�r.ission For�n Urdinance P�o. 32$, and this ordiriance, and the cl.erk in advertising for such bids shall advise bidder of tne deposit and bond renuired by law to be �iven, and further advise b�dd�r that .no con�'rEct. wi:11..6�: �a�►arded the successful bidder unless he st�.;�ulates in his nroposal that he will acce;�t special tax �ills in payrlent tnerefor, and that he will in no event hald the Gity liable for th� cost of the work or any part thereof, and will further, upon conpletion of the work, pay the engineer' s services and any other cost accruing in cor.lpleting his coritract. S�,CTION 6. The i�ayor of the Cit�,r is hereby authorized and directed to enter into a cor.tract for the City with the Contractor t�10 shall here- after be awarded the contract for such improve;�ent i�� accordance with the law and ordinances of th� City, and sai.c� contract shall nrovide that such work of improvei��ent be done in accordance with the said nlans, specifications, estir:�ate of cost, Ordinance i�o. 328, an�� this ordinance. :�iCTION 7. :��lhen s2.id z�rork of' ir.iprover:�ent has been cor:��leted as herein ;�rovided and has further beer� a?.,_�roved by the �ity �:nainaer in a written report thereof, anc! whe� said re;�ort has been a;�proved and adonted by the City Council, the cost of saicl work shall be p�.id for with special tax bills issued in fa.vor oi th:: contractor who did the work and �.�;ainst the lots, tracts and �xa,rcels of land irontin� or abutting on said i��:�roveir�ent along the distance r��entioned in prapo:tion to t,he nur_i'raer of front feet of property frontin; or abutting on said portion of said street so ir.l��rovcd und in acco�d- ance with the law and sai�, Co,.cnission Form Ordinance 1<0. 328 anc� which saic� s�ecial ta.� bills shali be d�livered to the said Contractor. Such special tax bills shall bear inte�est fror.� thirty days ::fter th�ir date at si�: (b) �er cent per annum. �LCTIUidT �. ^lhis ordinance sha11 take effect and be in force .fror�� aiid aiter ten da,ys after its passa�;e and ap�roval. _ � Passed and a}�proved this �`-` day of � , 195� �� ? �� .-%� - � / � " �:,�'rNr��. '::ayor htte st: � � � �� l�:��-�-e(.�-� �� _ � � � City Clerk