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CO�ISSION FORI�d O�INANC� NG. ����.
. �N ORllTTJHNC�+� i�A:r"FIR�II�"G THE ACTION OF Tl-3:E COUI�7CIL IIT D.��,�CLARIIdG IT
i7�CESS.ARY �U IMPROV�, PROVIDIivG 1�UR THE IB�2PRt�VII� +NT l�ND DII3ECTIIdG
Ti�i, C�RY 10 ADVf.�RTISE FUR BTDS TU DO THE 'riIORK ON TH[�T �,��RT OF TriE
aI,7:�Y B�;T�.'i�E�+;N SP1�:i1ISH �ND B�AII1 ST�ETS, FRO� THE SQUTH LINE OF BROAD-
VYAY �l'0 THE NORTH LIiSE Ol' TI�;II S STRLE^l , BY E+ST�BI,I SHITdG `rHE G�,A:DE,
GR�=��ING 'r0 THE ESTt�I3ZISI-�D GRA7�E �ND Ci�N�TRUC'TII3G TtiE�ON A SIX I�CH
C QIJCR�T:b; P�VIIf�IdT, SO T�T THE RO,AD'NAY PART Or S��ID t�I�LEY ti�LL C ON-
I�CT U�' ��VITH TH:� PI�V�.�:LENT ON TH�'.+� �DJOINII�G STRLE'I'S, AND ORDERING
Tii.AT a.%�ID 'v'rOx`�i �i3E 1.'�ID FUR BY SPECIAI� T1� BILI,S.
BE IT URD�INED BY TtiE COUI�'CTZ OF Ti� CITY� Ok� CAPE GIR-
AR:Ur;�U, ]uiISS(�URI, tiS �U.i.�I�O�iTS:-
SECTIUi�7 l. Tnat t'rie Council of the i;ity ot Cape Girar-
deau, i�isaouri, has, by a Resolution in writing, duly adopted at a
meeting of said Council neld on the 15tn day of April, 19�5, found
and declared it to be necessary to impxove that part of tne alley be-
tween Spanis:n and T�ain Streets from the south line o� Broadv�ay to the
north line of Themis Street, by establishing the grade, grading to
the established grade and constxucting thereon a six inch conerete
pave�ent, so that the roadway part of said alley will connect up �vith
the pavexnent on the adj oining atreets, the total distance of saici im-
provement being approximately � feet, and along which the
property subject to assessment for said improvernent totals approxi-
�ately � Y-� � ` �r feet. Said Resolution further provided that said
work of improvernent sha11 be done by contract let in the usual and
oxdinary ti�ray, as provided by lat� and ordi�.ance, and further provided
that Special TaJ� Bills �vould be issued in paynlent th�-refor, as provid-
ed by la�r and by � :��nissio �+'ox7n Ordinance No. ��", ,, passed and
approved on the �� day o.f� � " 925, and accordin� zo the plans and
specifications and t�is es�C'iz�at of the City Engineer, made and filed
�itn the City Clerk. Said Resolution further provided that any o�vner
of property abuttin� on said proposed improvezlent, desiring to pro-
test against the improvement, should appear before the Council at 2:30
P. D�. on ���ril 27th, 1925, at �hich time a hearing wouid be held on i
the question of the necessit�r of tne work sou€;ht to be done .
SECTIOId 2. 2'he Council finds and declares that said
Resolution has been published for seven consecutive issues in the
Southeast Niissourian, a nev,rs�aper publiahed and printed in the City of
Ca;�e Girardeau, L�isaouri, and doing the printing for said city, and
furtYrer f inds and declares that the Council met at tne Council Chariber
in said city on ��pril 27th, 1925, at 2:30 P. �. , for the pur�oae of
nearin�; protests by abutting �roperty otimers against such proposed im-
y provement, and that the Council, �y Resolution dated the ��t day of
1925, a.nd adopted at a meeting of t�ie Council held on the same
day, duly declared t�ie result of said hearing at 2:30 P. �d. on April
27th, 1925, to be a reaffir.ma.nce of the necessity for the doing of the
work on that part of the alley hereinbefore descri'oed, as proposed in
said Resolution of April 15tn, 1925. ,t�nd the Council bein�; of the opin-
ian t��at the necessity sti11 exists �or the improveraent of tnat part of
the alley between tlie points hereinbeiore described, hereby reaffirrus
its action of April 15tn, 1925.
SECTIOi1 3. 'i^he Council further finds t�iat all require-
ments imposed by law and ordinance for said improveraent have been com-
plied tivith and that it has ttiereby ac�,uired aut��zority for orderine said
improvernent, and it does not�r hereby order and direct that that part of
tne alley betv�een apanisn and I�Iain Streets froin t'rie soutii Iine of Braad-
way to tne north line of 'i'hemis Street, be improved, by establishin�
the ,rade, �rading to tne established orade and constructing thereon a
six incn concrete pavement, so that the xoad�vay part of said alley will
connect with the pave�lent on the adj o5.ning streets, in accordance ��ith
the provisions of said �-�esolution of �,�ril 15th, 192�, with the plans
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and specifications t:lexefor, on file in the office of the �:ity Clerk,
and in accordance ivit�� Comnissi�:n �'oxm C7rdinance No . ��8', passed
and approved on the �'� day o`j�j�� �g25.
SECTIOi�T 4. The Counc�l further orders and directs that
said work �f impxoves�ient on that paxt of the alley hexeinbefore de-
scribed, be done by contract and that it will in all respects com-
ply with the plans, specification:� and estim�.te therefor, filed with
the City Clerk and a�proved by the City Council, and that �aid im-
prover�ent be done in such wa,y as to co�1 ly with the provisions of
said �omtnission Form Ordinance No . ,�� and with this ordinance,
and that no contract for said improvement snall be entered into where-
by said improvement sh�ll cost an amount in excess of the estima,te of
the cost of the �vhole improvement made by the City Engineer, and no�v
on fils in the office of the City Clerk.
SECTION 5. 'E�hen said work of improve�lent on that part
of the alley hereinbefore mentioned, has been corn�leted according to
the ;�lans, specifications, estimate and contract therefor, and nas
been approved by the City Engineer and approved and accepted by the
City Council, special tax bills in favor of the contractor who did
the work and against the lots and tracts of land f ronting and abutting
on t�iat part of tne alley improved alon� the distance �entioned, in
proportion to the nuu�ber of abutting or front feet, shall be issued,
all in accordance with said Commission �'orm Ordinance No . ��, in
full p�.yr�ent for said improve�nent.
SECTI�N 6. The City Clerk is hereby authorized and dir-
ected to a.dvertise for bids, in tYie newspaper doing the city �rint-
ing, for the construction of said improve�zent aceording to the plana
and specifications and tsle estimate therefor, and in accordance witn
said Carrunission I'or�rn Grdinance No. ��,$,,,_� and with this ordinance,
and that trie Clerk, in advertisin� o�` r bids, advise bidders of the
de�osit and bond required to be given, and further advise tnat the
contract will not be awarded the successful bidder, unless he stipu-
lates in his proposal that he ��ill accept special tax bills to be
issued against the property abutting on the improvement in payment '
for the irnprovernent, and that he w�ill in no event hold tne city liable
for the coste of the v�rork, or any part thereof, and will, on coinple-
tion of the v�rork, pay the cost of tlie En�ineer�s service and any other
costs accruing in fuiFilling his contract.
SECTI�N 7 . This ordinance shall take effect and be in
full force from and after its passage.��
�assed and approved -�nis � -� day of , 1925 .
�
Nayor. '
I�t�est :- �/� `
�
''-i�-�
City Clerk.
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