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Home My WebLink AboutCommForm.1533.09-03-1954 _ .� "-",� . . �,�,� COT�iNiISSIOI�� FORNt Oi�BINI�TIICE N0.�� A�d ORDIPdANCE REAFFIi�iING THE ACIION CF THL CITY COI�vCZL IN DECL�RING IT NECESSARY TO Ii�iPROVE, PROVIDING FOP THE IP�iP�?O�lII�1T EsND DIIt�CTING THE CITY CLERK TO ADVER,TISE FOi� BIDS TO DO THE ��0�K ON THtiT PE'�F�T OF PACIFIC STREET FROM THE CENTER LINE OF LINDEN STftEET TO TI� CENTER LIN� OF HICKORY STRr�,T � IN TI� CITY OF CAPE GIRARDEAU, 1�iISS0UR2. � � BE IT OF.,DAINED BY THI; CiTY COUNCIL OF T'H� CITY OF Cl:P�, GIFi.AR,DEAU � MIS�Ot�I, AS FOLLO.�IS: � _ � SECTION 1. That the City Council of the City of Cape Girardeau, Niissouri, � has by resolution in writing, dnl.y adopted at a meeting of the said Council � heZd on the day of , I9> , found and declared it � necessary to improve that part of paci.fic Street in the City of Cape Girardeau, from the center li.ne of Linden Street to the w'� center line of Hickory Street, by grading to the established grade betvreen '� property lines, and placing therson a Portland Cement Concrete Paver�ent, 6 � inches thick and 30 feet �de between the backs of curbs, except at the �,�` intersections of Linden Street and Hickory Street where s�a..�'�d pavement shall �� be carried to the property lines of Pacific Street,,�to�e�her�"rrit`li`"'the�ie�e`'ss-v axy pipe and inlets for the removal of storm water, all as shoHn on the plans for said improvement, the total distance of said improvement to be approxima.tely 450 feet, and along which property subject to assessment for said in�provement totals approximatel,y gp0 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 further provided �hat special tax bi11s should be issued in payment of the cost of saicl improvement based on an assess- ment against the property fronting or abuti;yng ori said portiori of said street so improved, as prov'lded bjr law and by Cvmr.v.ssion Form Ordinance No. 32L�, passed and approved on the �th da�r of. i��a�r, 19?5, anc� a:cordi�ig to the plans, specificatior.s and estimate oi co�t therefor rnad� and filed ti,r�th the City Clerk and adopt�d by the Col:ncil, and in acco��dance �-�ith i;his ordinance. SECTION 2.. The Couricil finds and declares th^t sail resoluti.on has been published in ti:e Southeast I��issourian, a dail�,* newsnaper �rinted and published in the City of Cape Girardeau, I��issouri, a.id doin�; the City printing for seven cons��cutive issues, �:d tha� m��re than ten da;;rs liave elapsed since the last publ:ica�ion thereof in said paper, and that a majority of the resident owners of landa liable for the cost of said impiove�nen�t at the �ate of passage of said resolution ar�� who also own a majority of the fx�oni, feet frontin� and abutting on said improvement did not within ten days after said last date of publication of said resolution, file with the Cit y 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 st•i11 exist s for the improve- ment of sa.id .;f r�c f as proposed in said resolution, hereby reaffirms its previous action in declar- ing said improvement necessary. SECTIOId 3. The Council further finds that all requirements imposed by law and ordinance for said imx�rovement have been com�plied with and that it has thereby acquired authority to order said improvement and it now hereby orders and directs that that paxt of Pacific Street in the City of Cape Girardeau, Nlissouri, comr�encing at the center line of I.inden Stree� a,nd extending to the center line of Hickory Street ',�e improved by grading to the established grade between property li.nes, and placing thereon a Portland Cemer�t Concrete Pavement, 6 inches thick and 30 feet �.de between the backs of curbs, �xcept at the intersections of Linden Street and Hickory Street where said pavement shall be carried to the property lines of Pacific Street, together with the necessary pipe aid inlets for the rernoval of storm water, all as shown on the plans for said impro�ement, and �� ...; . �, all in accorclance W1tI7 tllc i�lans aiZd specificat,ions ior saiCl :i1;1T�T'OV2TI1ent previously adopted and on file in th�: office of the City Clerk, with Co�iL-.ission Fori:� Ordi.l�.nce I�o� 32�?, nass�;d arld a�proved on th�: 8th day of :'.ay, 1925, �.nci «ith tl:is ordinu�zc�- SECTION t�. The �ouncil fu•rther orders and directs that said work of iraprovement on that _:�rt of Pacific Street above described be done by contract, and that it be done so �;hat it will in all respects com�ly with said pl�.ns and specifications therefor, and th:�t the cost thereof will not exceed the estii.�zte of cost for said work prenared by the City Ln`ineer and o.z file in the office of the Ci.ty Clerk and here- • tosore approved by the Council, and that said work of improver-�ent be done in such manner as to coz,l��ly �.�rith the ter�.is and provisie�:s of said Co�:�r.,iss- ion Fornl Ordinance i�;o. 32� and of this ordinance. Ivo contract shall ba entered into under authority ol this ordinance that exceeds the estir.�,te of the whole cost of the im;�rover,�ent previously ��ade bJ �he City :�ngineer and a'oove referred to. The Council further finds and declares that in its jud�ment the condition ot the C:eneral :-tevenue rund of tha City is such that no �art of the cost of said ir.iproven�ent shall be naid therefrom. SECTIOiV 5. The City Clerlc is hereby authorized and directed to advertise for bids in the newspaner doin� 'the cit;,• printin�; for �he construction of said ir��rover_�ent ;�,ccordin� t;o the plans, s,�ecificataons and estim�ate of cost therefor, and. in �ccordance t�ith said Cor�r.ission For�� Ordinance T3o. 32�, ai�d this o�diriance, �,ncl the clerk in advertising for such bids shall ad_vise biddc�r oi the denosit and bond reruired by law to be ^�iven, and further advise biddcr �hat .no e<�nt'r�ct, will..bc �a�r�,rd�d the successful bidder un.less he st,ipulates it7 his nronosal that he will acce;�t special tax �ills in pa�n.ient therefor, and that he will in no event hold the City liable for tl�� cost of the. work or any paxt thereof, and will further, u�on co;�i�letion of the work, pay the enfiineer' s services and any otti�r cost accruing in cor::pleting his contract. S'� 'I'ION 6. The i.ayor of the Cit�r is hereby authorizecl and directed to enter into a cor_tract f'or the Cit;� with the Contractor t�ho shall here- af�er be awa�rded the contract for sucn ir..;�rove,_:ent iz� accordance with the law and ordinances of the City, and sai.d contract shall provide that such ti�rork of irnprove,,ient b� done in �.ccorc�ance with the said r�lans, specifications, estii:�ate of cost, Ordinance i;o. 328, and this ordinance. a�CTION 7. 'u�en said work of ir�iprover.�ent has been co:��;�letec� a,s herein providecl and has fw�thei been a_�.�?roved }�y the City r�n�inaer in a Urritten rel�ort thereo�', and when said report hus be�n a�proved and adopted b�- �che City Council, the cost o1' saia work shall be p�.id for with special t�:..�c. bills issued in favor oi tha contractor who did the work a.nd ��;ainst the lots, tracts and. parcels of land irontinG or abuttin€; on said in��roveiL.enL along the ciistance ..�entioned in pror�o�tion to thp nw�ber of front f�et of property f�on�tinu or abuttinE; on said portion of said street so i:.i-�roved �,nd in acco�d- ance wi.th the 1at�,r �.nd saic, Cor.�nission Form Jrdinance i�o. 32S and which saic� special ta.:�: bills shal.i be delivered to the s�,id �ontr�.ctor. Such special t� bills shall bear intel est fro..� thirty days �fter their date at si�: (6) per cent per annur.. �-LCIIUI, r�. l�is ordinance shall take effect ana be in force fror�� a�:d aiter ten daps after its passune anc3 a��roval. Fassed and al�proved this � � day of , 195 `�� G�.�c-tJZ�'( � Gc.-,.,�._d�--�_ l/�-- • :.ayor htt e st: ;--J �� ,� . G� Q�-�-� � � 'City Clerk +