HomeMy WebLinkAboutCommForm.1623.08-15-1955 ..- �d"'z,.
CONIMISSION FORM ORDINANCE N0. ��� 3
AN OR.DINANCE REAFFIRMING TI� ACTION OF THE CITY COUNCIL IN DECLARIIVG
IT NE(�SSARY TO IMPROVE THAT PART OF MINNESOTA AVENUE FROM THE E%ISTING CON(�i.ETE
PAVEMENT AT INDEPENDEIdCE STREET TO THE CENTBR. LINE OF WILLIAM STREET IN THE CITY
OF CAPE GIRARDE'AU, MISSOURI, AND PROVIDING FOR THE ISSUANCE OF SPECIAL TA% Bn.TS
Ild PAYMENT OF THE COST OF SAA�.
BE IT ORDAINED SY TF� CITY COUNCIL OF THE CITY OF CA� GIRARDEAU,
MISSOUR.I� AS FOLLOWS:
SECTION 1: That the City �ouncil of the City of Cape Girardeau,
Misaouri, has by Resolution, in writing, du],y adopted at a meeting of said
Council held on tha 12th day of July, 1955, found and declared it neeessary to
improve that part of Minnesota Avenue from the existing concrete pavement at
Independence Street to the center line of William Street in the City of Cape
Girardesu, Missour3, bg grading to the established grade between property lines,
as shown on the p].ans, and constructing thereon a Portland Cement conere�te
pavement 3b feet wide between the backs of curbs, and 6 inehes of thicl�ess,
together with intsgral curba along the sides thereof and the necessary pipe and
inlets for the removal of storm water from the surface of the pavement, a11 as
shown on t�s plans for said improvement.
That said improvement shall be done in accordance with the plans�
speaifications and estimata of cost, apgroved and adopted by the City Council�
�nd as the same appear on file in the office of the City Clerk, and that said
improv�sment shall be done in accordanc;e with Coauai.ssion Form Ordinance No. 328,
a general ordinanee concerning strset improvements, and all special ordin�nces
which may be enacted goveraing the construction of this particular 3mprovement.
That said work shall be done by contraet, as provided by law and
ordinance, and tYiat upon completion of said work� said improvement shall be
paid £or with special tax bills issued in favor of the contractor doing said
work and against the property abutt3ng improvement to be made, all in accordaace
with Co�nission Form Ordinance No. 328, and such other ordinanees as ma� be here-
inafter en�eted to carry out said work, and in accordance with the laws of the
State of Missouri.
That in the �udgment of the City Council, the condition of the general
revenue �ind of the City is such that no part of the cost of the work shall be
paid therefrom� except payment will be made by the City of Cape Girardeau� Mis�ouri,
upon completion and acceptance of the �rork, to the owners of Lots 5 to 8� inclusi�v�s,
Block 3, Pattengill Place and Lots 1, 7 and 9 of Stubbs-George Subdiviaion for the
difference in cost between a pavement 36 teet in width and that of a pavemant 30
feet in width.
That on NSonday� the lst day of Augu.st� 1955, at 2:30 P.M., a �eting
of the City Council will be held in the Conncil Room in the Coa�on Pleas Court
House� at which time property owners desiring to p�otest said improvement mag
sppear.
SECTION 2: That the Council finds and declares that said resolution
has been pnblished in the Southeast Missourian, a daily newspsper priated and
publiahed in the City of Cape Girardeau� Missouri� and doing ths City printing�
for seven consecutive isaues.
�hat on Monday, the lst day of August, 1955, at 2:30 P.M., a meeting
of' the C3ty Couneil was held in the �ouncil Room in th� co�on Plea�s �rourt Houae,
at which time no property owners appeared to protest �aid improvement, and that
on the 8th day of August, 1955, the City Council did by resolution, duly adopted,
reaffirm its previous action in declaring it necessary to improve said portion
of Minnesota A�aenue.
SECTION 3: That the Council being of ths opinion that the necessity
still exists for ths improvement of said portion of Minnesota Avenue as proposed
in said resolution, hereby reaffirms its previous action in decl.aring sa3d i�
provement necessary. �he Council f�.ix�ther finds that all requirements imposed
by law and ordinanee for said imp�onement ha�e been complied with and that it
has thereby acquired authority to order said improvement and it now hereby orders
r:
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and directs that that part of Minnesota Av�nue from the existing concrete pavem�nt
at Independence Street to the center line of William Street in the City of Cape
. Girardeau, Missouri, be improved by grading to the established grade between
property lines� as shown on the plans� and constructing thereon a Portland Cemont
concrete pavement 36 feet wide between the backs of curbs, and 6 incY�a of thiakness�
together s+ith integral curbs along the sides thereof and the necessary pipe and
3nlets for the removal of storm water from the surface of ths pQvemant, all aa
ahown on the plane for said improvement. Al1 in accordance with the plans and
specifications for �aid improvement previoualy adoptsd and on file in the office
of the City Clerk, with Commission Form Ordinance No. 328, passed and approved on
the 8th d�y of Ma�, 1925, and With this ordinance.
SEC�ION 4: The Council f'urther ordera and directs that said work of
improvement on that pe�rt of Minn,eaotri Avernie above described b� done by contract,
and that it be done so that it will in all respects comply with said plans and
specifications therefor, and that the cost t?�erPo�' will not exceed the estimate
of cost for said work prepared by the City �ngirieer and on file in the office of
the City Clerk and heretofore approved b�r the vouncil, and that said work of i�
provement be done in such manner as to comply with the terms and provisions of
said Commission r�'orm Ordinance No. 328 and of this ordinance. No contract shall
be entered into under authority of this ordinance that axcesds the estimate of
the whole cost of the improvement previousl,y made by the City Engineer and above
ref�rred to. Th�s Council furthsr finds and dec],sres that in ita �udgmsnt the
condition of the General Rsvenue l�nd of the City is auch that no part of the
cost of said improvsm�aat shall be paid therefrom, egeept payment will be made
by the City of Cape Girardesu� Missouri� upon corapletion and acceptanee of the
Work, to the owners of Lots 5 to 8, inclusiv�e� Block 3� Pattengill Place and Lots
l, 7 and 9 of Stubbs-Geor�e Subdivisioa for the differencs in cost between a
pavement 36 feet in uidth and that of a pavsmsnt 30 fest in width.
SECTION 5: �'he City Clerk is hereby authorized and directed to advertise
For bids in the newspaper doing the city printing for the conatruction of said
improvs�mant acaording to the plans, specifications and estimate of eost therefor,
and in accordance with said Commission Form Ordinance No. 328, and thia ordinance,
s,nd the clerk in advertising for such bide shall advise bidder of the deposit aad
bond required by l,a,� to be �iven, and fvrther advise bidder that no contract Ftill
be award�d the successful bidder unless he atipulates in his proposal that he W3.11
aecept special tax bills in payment there£or, and that he will in no event hold the
City liable for the coat of the work or ar�y part thereof, and will further, upon
completion of the work� pay ths engineer�a services and any other eost accruing in
completing his contract.
SECTIOId 6: 3'he Mayor of the City is hereby authorized and directed to
enter into a contract for the City with the Contraetor who shall hereaPter be awarded
the contract for such improvement in accorda�ce with the law and ordinancea of the
�ity, and said contract shall provids that such work of improvement be done in accord-
ance with the said plans� specifications� estimate of cost� Ordinance No. 328� and
this ordinanc.e.
5ECTION 7: When said work of improvement has been completed as her�in
provided and has ftirther bsen approved by the City Engineer in e �ritten report
thereof, and when said report has been approved and adopted by the �%ity �ouncil,
the cost of said work shall be paid for With special tax bills issued in favor of
the eontractor who did the wor� and against the lots� tracts and parcels of land
fronting or abutting on said improvement along the distance mentioned in proportion
to the number of front feet of property £ronting or abutting on said portion of
said street so impro�ed and in accordance with the law and said Commiasion Form
Ordinance No. 328 and which said special tax bills shall be delivered to the sa�d
Contraetor. such speciel tax bills shall bear interest from thirty days after
their date at six (6) per cent per annum. .
SECTION 8: This ordinance shall take effect and be in force from and
after ten days af�er its passage a� approval.
,�j 1 h
Pasaed and approved this �-�day of August, 1955. _�
� c�.c,�-D-'� �� �
N1�yor
A ST: ��
City Clerk