HomeMy WebLinkAboutCommForm.581.06-20-1929 a
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COMMISSION FOR� ORDII�ANCE N0. s`� I.
AN ORDI1vANCE REAFF'IRMING THE ACTION OF THE COIINCIL IN DE-
CLARIAIG IT NECESSARY TO IMPROVE, PROVIDING FOR THE I�dPROVEMENT, AND
DIRECTTNG THE CLERK TO ADVERTISE FOR BIDS TO DO THE Y��ORK OF IMPROVE-
1dENT ON THAT PART OF THE�IS STREET FROM THE IDGE OF T� CONCRETE PAVE-
?,�ENT AT THE WEST PROPERTY LI1�E OF WEST END BOIILEVARD TO THE EDGE OF
THE CONCRETE PAVF�ENT AT THE EAST PROPERTY LINE OF LOUISIAI�tA AVIIVUE,
BY DOIIdG �i`HATEVER GRADING �dAY BE NECESSARY TO BRING S9ID STREET TO THE
ESTABLISHED GR�DE, BY REMOVING OLD CURBS AND GUTTERS, WFiERE NECESSARY,
AND COIVSTRUCTING NEW CIIRBS AND GIITTERS 4R R�PAIRING OLD CURBS AND GIIT-
TERS, BY RE�OVING, WHERE NECESSARY, THE OLD I�6�CADABd SURF,�CE, S�[OOTHING
IIP THE QLD �iACADAM BASE ITPON Y�'HICH THE SAME WAS CONSTRUCTED AND CO�d-
PACTiNG SAID BASE, CONSTRIICTING NEW BASE WHERE NECESSARY, AND RESIIRF�C-
ING BETV�EEN GUTTERS �'ITH AId ABdIESITE PAVF,MENT TWO INCHES THICK, AND S0
AS TO CONNECT UP Y�ITH TWO PAVED STREETS, AND ORDERiNG THAT SAID V�ORK
BE PAID FOR BY SPECIAL TAX BILLS.
BE IT ORDAINED BY THE COUNCIL OF THE CI�X OF CAPE GIRARDEAU,
MISSOIIRI, AS FOI,LOY4S:
SECTION 1. That the �ouncil of the �ity of Cape Girardeau,
�issouri, has, by a resolution in writing, duly adopted at a meeting
of said Council held on the lOth day of June, 1929, found and declared
it to be necessary to improve that part of Themis Street from t�ie edge
of the concrete pavement at the west property line of YVest End Boule-
vard to the edge ca�' the conerete pavement at the east property line of
Louisiana Avenue, by doing whatever grading may be necessary to bring
said street to the established grade, by removing old curbs and gut-
ters, where necessary, and constructing new curbs and gutters or re-
pairing o13 curbs �nd gutters, by removing, where necessary, the old
macadam surface, smoothing up the old macada.m base upon which the same
was constructed and compacting said base, construeting new base where
necessary, and resurfacing between gutters with an Amiesite pavement
two inches thick, and so as to connect up with two paved streets, the
total distance oP said improve�ment being approzimately � a S�` t'eet,
and along which the property sub�ect to assessment for said improve-
ment totals agproximatelp /� 7 �� ? teet. Said resolution further pro-
vided that said vw�rk of improv�ent shall be done be contract let in
usual aad ordinary way, as provided by law and ordinauce, and further
provided that special taz bills would be issued in payment therePor, as
provided by law and by Commission Form Or�inance No . 328, passed and
approved on the Sth day of �ay, 1925, and in accordance with the plans
and specifications and the estimate of the City Engineer, made and fil-
ed with the City Clerk. Said resolution further provided that any own-
er of property abutting on said proposed improvemeut, desiring to gro-
test against the improvement, should appear before the Council at 10:00
o�elock A.�d. on June 18, 1929, at which time a hearing would be held on
the question o� the necessity of the work sought to be done.
SECTION 2. The Couneil finds and declares that said resolu-
tion has been publ3shed f'or seven consecutive issues in the Southeast
�i.ssourian, a newspaper published. a.nd printed in the City oP Cape Gir-
ardeau, Missouri, and doing the printing for said city, and Y'urther
finds and declares that the Council met at the �ouncil Chamber in said
city on June 18, 1929, at 10:00 o�clock A.�d., for the purpose of hear-
ing protests by abutting property owriers against such proposed improve-
ment, and that the Council, by resolution dated the 18th day of June,
1929, and adopted at a meeting of the Council held on the same day, du-
ly declared the result of said hearing at 10:00 o�clock A.M. on June 18,
1929, to be a reafPirmance of the necessity for the doing of the work
on that part of Themis Street hereinbefore described, as proposed in '
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said resolution o�' June 10, 1929, and the Council, being of the opinion
that the necessity still exists for the improvement o� that part of
Themis Street between the points hereinbefore described, hereby reaffirms
its act3.on of June 10, 1929.
SECTION 3. The Council further finds that all requirements
imposed by law and ordinance for said improvement have been complied
with, and that it has thereby acquired authori.ty far orderin� said im-
provement, a.nd it doss no�r hereby order and direct that that part of The-
mis Street from ti�e edge o� the concrete pave.ment at the west property
13ne of 1�est End Boulevard to the edge of the concrete pavement at the
east property line of Louisiana Avenue, te improved, by doing whatever
grading may be necessary to bring said. street to the established grade,
by removing old curbs and gutters, where necessary, and constructing n ew
curbs and gutters or repairing old curbs and gutters, by removing, where
necessary, the old macadam surface, smootY�ing up the old macadam base
upor� vJhich the same was constructecl and compacting said base, cor�struct-
ing new base where necessary, and resurfacing between gutters v�ith an
Amiesite pavement two inches thick, and so as to connect up with two pav-
`' ed streets, in accordance v�ith the provisions of sai�. resolution o� June
10, 1929, with the plans and spPcifications therefor, on file in the of-
fice of the City Clerk, and in accordance with Commission Form Ordinance
No. �28, passed and approved on the Sth day of Maq, 1925.
SECTI01� 4. The Couneil Purther orders and directs that said
wo�� of improvement on that part of Themis Street hereinbefore describ-
ed be done by contract and that it be done so tha.t it wi11 in a11 re-
� spects comply v�ith the pla.ns, sp�cifications and estimate ther�for, fil-
ed with the City Clerk and approved by the City Council, and tha� said
improvement be done in such way as te comply with the provisions of said
Commission Form Ordi.nance No. 328, and with this ordinance, and that no
contract for said improvement shall be entered into whereby saicl imprave-
ment shall cost an amount in excess of the estimate o� the cost of the
whole improvement made by the City Engineer and no�v on file in the office
of the CitSr Clerk.
SECTION 5. The City Clerk is hereby authorized and dir ected
to advertise Por bids, in the nev�spaper do3ng the city printing, for the
construction of said improvement according to the plans and specifica-
tions and the estimate therefor, and in accordance with said Commission
Form Ordinance No. �28, and with this ordinance, a.nd the Clerk, in adver-
tising for bids, shall advise bidders of the deposit and bond required
to be given, and shall further advise bidders that the contract will not
be awarded the successful bidder unless he stipulates in his proposal
that he will accept special ta.z bills to be issued against the property
�, abutting on the improvement in payment f ar the improvement, and that he
will in no event hold the city liable for the cost of the work, or any
� part thereof, and will, on completion of the work, pay the cost of the
engineer's services and anp other costs accr�ing in fulfilling his con-
tract.
SECTION 6. The �dayor is hereby authorized and dirEcted to en-
ter into a contract for the City wit�l the contractor who shall here�.f-�
ter be awarded the contract for said improvement in accordanee with the
law and the ordinances of the city, and said contract shall provide that
saia improvement be done in accordance with the plans, specifications
and estimate therefor, snd in accordance with said Commission Farm Or-
dinance No. �28 and with this ordinance.
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� SECTION 7. W'hen said work of improeement on that part of
Themis Street hereinbefore mentioned has been completed according to
the plans, specifications, estimate and contract therePor, and has
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 fronting and abutting on
that part of Themis Street improved, along the distance mentioned, in
proportion to tne number of abutting or front feet, shall be issued,
all in accordance with said Commission Form Ordinance No. 328, in full
payment f'or said improvement.
SECTION 8. This ordinance shall take effect and be in
full force from and aPter its passage.
_ Passed and approved this ��`T� d June, 1929.
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ATTEST:
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