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Home My WebLink AboutCommForm.1485.09-30-1953 �� . � � � -, . r ,,,,, �_ ' CON��IISSION FO;�M O.�DIN�.NCE NO.�� APJ ORDTPIANC� REAFFI�'iING THE �:C^1ION OF THL CITY COUNCIL IN D�CI.ARING IT NE�ESSARY TO INIPROV�, FROVIDING FOP TH�'"+' II�iPRO i+ iT+�I�1T AND DI,�u'+'CTING THE CITY CLERK TO �1DVERTISE FOt� BIDS TO DO TF:� rdQ��K ON THAT P�,RT OF KINGSWAY DRIVE (OI� JACKSON RQAD), WITHIN THE CORPORATE LIMITS OF THE CITY OF CAPE GIRARDEAU, MISSOURI. BE IT ORDAINED BY THt, CITY COUNCIL OF TH;� CITY OF C�!PL GIRARDEf�U, MIS�OLRI, AS FOLLO.�iS: SECTION l. That the City Council of the City of Cape Girardeau, N11550L1Y'l� �1 i�e�d on th� 2lstday of Septembe� , i95� , found and declared it necessary to improve that part, of ��SWAY DftNE ( OLD JACKSON RQAD ) � in the City of Cape Gixardeau, 'from � NORTH EDGE,,OF THE CONCRETE PAVEMEN'T OF U.S.HIGHWAY N0.61 to THE NORTH CORPOR.ATE LIMITS OF THE CI'1'Y OF CA?E GIR- AR.DEAII, MISSOt1RI. the total distance of sai.d improvement to be approximately 4759 feet, and along which property subject to assesgmerit for said improvement totals approximately g503.4 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 provia�d that special tax bills should be issued in payment of the cost of saica 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 Comr�ission Form Ordina.nce No. 328, passed and approved on the $th day of i�iay, 1q25, anc: according to the plan9, specifications and estima�e of cost therefor r�a.d� a�1d .iiled vrith the City Clerk and adopted bjr the Coiancil, and in accordance kri�th Lhis ordinance. SECT�TON 2_ The Coancil finds and declares tYia+� said resolution has been publisl�e�-._i�iz tl:e Soua;,heast I�iissourian, a dail`r newspaper printed and published !` in the City o�' C�e�e Girardeau, l��iissouri, and doing the Ci�y �rintin '�,y1s•�ven ' ¢onsecutive issues, ar.d t�a�,,�more than ten dayrs tiave elapsed he last ,� publ.ica�ion thereof in said p�,per,..axid that a ma'o ' e resident owners ' ,x.i' �of lands liable for the cos �� ement at the date of passage of ; � �`� �said resolution o also own a majority oY-��front feet fronting and ` abutting o d improvement did not within ten days r aid last date of publicat on of said resolution file with i;he Cit Clerk their � , y t t, a ai he improvement as required by 1aw and the ordinances of the Cit . The � � .Counci ein-g o�-t�YTe opinion�"i-a�`£rie necessity still exists for the improve- jment of' sa.id . ( as proposed in �aid resolut o�n,��he eby 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 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 KINGSWAY DRIPE (OLD JACKSON RQAD) in the City of Cape Girardeau, Nlissouri, comtnencing at tne �� NpRTH EDGE OF THE CONCRE9.'E PAVEMENT OF U.S.HIGHWAY N0.61 TO THE NORTR CORPORATE LIMITS OF THE CIT3� OF CAPE GIRARDEAU, I�ISSOUR.I. be improved by (1). Reconditioning roadway. • (2). T�ao inehes of mi�ed iri plsce asphalt surface eourse. , �3). Seal coat to be applied at a ].ater date by Cape Giraxdea�a Special Road District. �` "i �.-� � `JN * �i- �- + • al�. in accordance with the pla.ns and s�ecific�,tions for said :�t.lnrove:nent previously adopted and on file in the; off ice of the �ity Clerk, with Co,rsnission Fori� Ordin��nce I�;o. 32�, pa.ssed and a�provecl on th<: $th day of i:ay, 1925, �.nc! ��nth this ordinance� SECTION 1�. 'I'�ie Council further orders �.nd directs that said work of ir.lprovement on that ��.rt of �$�gy�,y Drive Street above described be \' done by contract, and that it be done so that it will in al1 respects co.nply with said plans and specifications the;efor, and th:�t the cost thereof will not exceed the estiir�,te of cost for said work prepared by the City '.�n�ineer and on file ir, the office of the City Clerk and here- tofore approved by tha Council, and that said woric of ir.iprover_ient be done in such nlanner as to cor,��ly T�rith the ter::�s and provisiens of said Cor.�r.,iss- ion Fornl Ordinance i�o. 328 and of this ordinance. T�o contract shall be entered into under authority oi' this ordinance that exceeds the astin�.te of the whole cost of the iia�rov��:�ent previously .��ade by the Cit�r :�ngineer and above referred to. :he Council furthcr finds and declares that in its judgment th� condition ot the �-eneral �-tevenue i�tu�d of tha City is such that no ?�rt of the cost of said improveir,ent shall be naid the-refror.l. SECTIUN 5. ni'he �ity ��lerlc is. hereby authorized and directed to advertise for bids in th� netirs�aper cloin� the city printin� for the construction oi said in��roveL:ent accordin? ��o the plans, s��ecifications a:zd estir.late of cost therefor, anc� in accordance taith said Cor:�r.ission For�� Ordinance PJ�. 32£;, ai�d tizis o-rdi.nance, a?zd. tiie clerk in advertising for such bids shall advise biddcr oi the deposit and bond reruir�d bv law to be `�='iven� and further advise bidder tt:at .no eont�^�et. will..bc •ax�.rded the successful bidder unless he st.i;�ulates in his nroposal that he wi.11 accept special tax �ills in pa��ent trierefor, and that he will in no event hold � the City liable for the cost of the work or any part thereof, and will further, u;�n con�letion of the work, pay the engineer� s s�rvices and any other cost accruing in cor.pleting his contract. S`� TION 6. The i�aJor of the City is hereby authorized and directed to enter into a cor.tract for the CitJ wi.th the Contractor taho shall here- after be awarded the contract for such imnrove,aent in accordance tirith the law and ordinances of th� City, and s2id contract shall nrovide that such t,rork of ir�provei��ent b� done in accordance tivith the said plans, s�eciiications, esti;:�ate of cost, Or�inatice i:o, 32�, and this ordinance. Sl+.;CTION 7, u��en said z,rork of' i:�1?arovet:�ent has been co;::;�letect as herein �rovided and has furth�r Leer: a"_�roved by the �ity s�nRinaer in a written re�ort thereof, anc? �rtezl �=aid re;�ort has been a;�proved and ado�ted 'oy 'che City �ouncil, the cost af said work shall �e ��.i� for with special t� bills issued in f�vor oi th�; cont;actor who did the work a.nd ��;ainst the lots, tracts and parcels of land rror.ti.z�, or abuttin�; on said ir,�provei�.ent along the aistance �.�entioned in proportion to the nw-::'uer of front feet of property frontin�; or abuttir.�; on saiu. ��ortion of' said street so i:.��roved �nd in acco�d- ance with the lat�r and said Co��lnission Form Ordinance i�o. 32s a.nd which saic� special taa: bills shall be delivered to the said (:ontr�.ctor. Such special ta.x bills shail b�;ar i�zte_�est fro�� thirty days �fter their date at si1: (o) ?�er cent �er annw-r�. SLCiIGi; �". ^lhis oi•dinance shall take ef.fect anu be in fo•rce froii� a�;ci aiter ten da;rs after its �ass�.^e and a�r�roval. � � ',." Passed and a�proved this �a � day of , i95�/ ��. � � f� , s� � ` /� �1 /�,�i �, �•� _ �(iL�-u�,u `� �� , �:ayor r� � �� Ct�htt�St: � , /Y f�! , -- �v✓t.u.e� a.c.�.-�'`-� Cit�y C lerk