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Home My WebLink AboutCommForm.1614.06-13-1955 � r CONtI�IISSION FORI�I Oi�DINANCE N0. �o/`¢ ' AN ORDINANCE REAFFIRNIING THE AC^1ION OF THL CITY COUNCIL IN D�7C?�RING IT NECESSARY TO I�'�PROVE, PROVIDING FOR THE; INiPROV�iEh1T AND DIR�;CTING THE CITY CLERK TO EIDVERTISE FOR BIUS TO DO THE ��dORK ON THAT PART OF COUSIPd ST �i Ft�OY�� T:�r, E.��STING CONC��'T:�; PaV��1.N�fi.IT f�T Tfir, WEST LIi�3:� OF UJEST EI�ID BOUI.EVARD TO THt�� CEi�I'r'� LII�� OF LOUISIAN.� AVEI�'U:�, ITd ^1H.� CITY OF CAP�; GIi��;�=�EAU, I��ISSOURI, A::,'D Pi�OVIDIPdG FOI�. THE ISSUi�JC� OF SF�;CIkL T��X BILLS IN Pi��t,NT Or THE COST OF SAiy�• BE IT O�DAINID BY TH:t�, CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU, MIS�OLff�I, AS FOLLO:�iS: SECTION 1. That the City Council of the Cit;� of Cape Girardeau, Niissouri, has by resolution in writing, duly adopted at a meeti.ng of the said Council held on the G'j '�` day of ��-�i , I95� , founc3 and decZared it necessary to improve that pa,rt of Cous��n Sireet in the City of Cape Girardeau, from the existin� concrete pave�:ent at the ti•rest line of ;dest �hd Boulevard to the center ]ine of Loui.siana Hvenue, by doing the necessary grading between the �.sting concrete curb and gutters and to the center of Loui.siana Avenue, and constructing a Portland Cement Concrete Pavement, 6 inches thick, between the exi.sting concrete gutters, being 25 feet wide, and with a i,ridth of 30 feet, from the east line of Louisiana �venue to the center line of Zouisiana r�venue, and carrying said pavement to the property lines of Cousin S`treet at this point, with integral curbs along the sides thereof, al1 as shown on the plans for said improvement, the total distance of sa,id improvement to be approximately L�.SO feet, and along which property subject to ass�ssment for said improvement totals appro�mately 900 feet. Said resolutiorifurther 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 providad �hat 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 portiori of said street so i.mproved, as provided by law and by Commission Form Ordinance No. 32g, passed and approved on the Sth day of A�iay, 1925, anca acaording to the plans, specifications and estimate of co�t therefor r�ade a;.�id iiled with the City Clerk and adopted by the Council, ancl in accordance vrith tihis ordina.nce. SECTION 2� The Council finds and decl_.ares that said resolution has been published iiz the Southeast N�issourian, a daily newspa�er printed and published in the City of Cape Girardeau, Niissouri, arzd doing the Cit y printing for seven consecutive issues, a.»d that more than ten days have elapsed since the last publication thereof �n said paper, and that 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 who also own a majority of the fr�on�L f eet fronting and abutting on said improvement did not within ten days after said last date of publication of said resolution, file with the City Cle-rk their protest agaa.nst the improvement as required by law axid the ordina.nces of the City. The Council being of the opinion that the necessity sti11 exists for the improve- ment of said Cousin Street as proposed in said resolution, hereby reaffir��s its previous action in declar- ing said i.mprovement necessary. SDCTION 3. The Council further finds that a]1. requirements imposed by law and ordi.nance for said improvemer�t have been complied with and that it has thereby acquixed authorit;� to order said improvement and it now hereby orders and directs that that part of Cousin �treet in the City of Cape Girardeau, l�.issouri, commencing at the existing conerete pavement at the west line of 6dest �d �oulevard and extendin� to the center 1a.ne of Louisiana r�venue, be improved by doin�; the necessar-yr �rading between the existing concrete curbs and �;utters and to the center of Louisia.na �.venue, and constructing a Portla.nd Ce�ent Goncrete Pave�erlt, b inches thick, between the exi.sting concrete gutters, being 25 feet wide, ai?�cl with a width of 30 feet, i'rom the east line of Louisiana e�venue to the center line of Louisiana Avenue, and carryin� said paveraent to the property lines of Cousin Street at this point, with inte;;ral curbs along the sides thereof, all as shown on the plans for said improvement, and , f: !�-� � , . � 1 s c . all in accordance with the plans aizd speciiications for said �z.t�roveir.ent previously adopted and o�;� file in the office of the �ity C1erk, with Co�r�nission Forr� Ordinance Ivo. 32�, pass�:d and anproved on the 8th day of t�ay, 1925, �.nd with this ordinancer SECTION /�. ihe Council further orders and directs that said work of ii.�nrovement on that �-�.rt of Co,asin Street above described be done by contract, and that it be done so that it will in all respects co?aply with said pl�ns and specifications therefor, and th:�t the cost thereof will not exceed the estimate af cost for said work pre;�ared by the City Ln�ineer and on file in the office of the Ci.ty C1.erk �.nd here- toiore approved by the Council, and that said work of ir.iprovenent be done in such n�a,nner as to coi�ir�ly s�ith the teri.is and provisiens of said Conu��iss- ion l�orr�1 Ordinance I�o. 32� and of this ordinance. No contract shall be entered into under authority oi' this ordinance that exceeds the astinlate of the whole cost of the ii�prov��:�erit previously :��ade by the City :�ngineer and a'oove referx�ed to. The Council further finds and declares that in its judgment thc condition ot the General :tie�renue l�und of the City is such that no na.rt of the cost of said improvei7,�nt shall be oaid �,herefror.i. Si�CTIUi� 5. The City �:,�eric is hereb�r authol ized �nd c�irected to advertise for bids in the newspa.per �:oin:�- the cit J printin�; for the construction oi said irat�rover_�ent accord=inJ to the plans, s��ecifications and estiriate of cost therefor, �,nd in ::ccordance t�rith �aid Cor�a-r.ission Form Jrdinance P�o. 32�, and �t.his o�dinance, and. the clerk in advertising for such bids shall a�'vise biddc;r of th� deposit and bond reruired by law to be �iven, and further advise bidder �L�at .zic� eont'r�ct. wi1.l..be �a�arded the successful bidder unless he sti;�ulates in his r,ro?�osal that he will acce�t s�ecial tax �ills in pa�ent the-refor, and that 'r�e will in no event hold the City liable for th� cost of the work or any part thereof, and will further, u;�on cor:i�l�;tion of the work, pay the engineer' s services and any ott�er cost accruing in cor.�pleting his contract. S".CTION 6. The i��yor of the Citv is hereby authorized and directed to enter into a cor.tract for the CitJ with the Contractor taho shall here- after be awarded the contract for such im,prove;~�ent in accordance ti�rith the law and ordznances of the City, and saic� contract shall provide that such work of irr�prove;��ent b� done in accor�ance ti,rith the said plans, specifications, esti��ate of cost, Qrdinance ito. 32�, an�� this ordinance. a�CTION 7. �°dhen said ti•lork of i:�inrovei�ient has be�n co�:�pleted as herein provided and has further been a��%,�roved by the Cit jr �n�ineer in a written rel�ort thereof, anc? wr�.e_i said ret�ort hus be�.n a;�proved and adoa�ted b�r �che City �ouncil, the cost of said work shall be p�.id for with special tax bills issued in fa.vor oi th:: contractor who did the worlc a.nd a�;ainst the lots, tracts and. �arcels of land fror�tin� or abuttin�; on said irL�provei�:ent along the distarice r.iantioned in �ro�o,�tion to the nw�'�er of front feet of property f�ontinu or abuttin� on said �ortion of said street so i:.��roved and in acco�d- ance with the lat�r �,nd saie. Co:�cr�ission I�orm Ordiiiance i:o. 32� and which said special ta:> b�ils shali be delivered to the said Contractor. Such special ta.x bills shall bear interest fror�� thirty days Gfter their date at six (b) per c ent ner annur,�. Si,C^tIUP�T �. ^lhis o-rdinance shGll take effect and be in force froi�� a�ld aiter ten da;Ts after its �ssa�;e and an�roval. Fassed and approved this �_ day of !'�� , 195� �, � !� i GL-l� �-� ��'� • i:ayor �tt e st: � _ -�, J --��..�c�--�(, – � L"-'`—'`--��__, Ci y Clerk