HomeMy WebLinkAboutCommForm.699.07-01-1935 , !
� COMMISSI�N FORM ORDINANCE NUMBER � 9 9
AN ORDINANCE REAFFIRMING THE ACTION OF THE COUNCIL IN DECLARING IT
NECESSARY TO IMPROVE, PROVIDING FOR THE I��PROVENENT, AND DIRECTING
THE CLERK TO ADVERT ISE F OR BIDS TO D 0 THE V�IORK ON THAT PART OF
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AND OR I G TH T S UVORK BE P I 0 SP C�� I�LI�—T BILL .
BF IT ORDAINED BY TIiE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU
N ISS C�UR I y AS F�LLOL��S a
SECTIOT� l . That the Council of the City of Cape Girardeau Missauri,
has , by a resolution in writin� duly adopted at a meeting of said C�oun-
cil on the ��� day of „T, ;, 19 ;;� , found and declared it to be
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necessary to improve that part of G,_;,,� i �_. �mr _�_m _
in the title and in Section 3 of this ordlnance, the total length of
said improvement being Approximately °,;;5 feet , and along
which property subject to assessment or sai improvement totals approx-
ima�ely �7_� feet. Said Resolution further provided that
said work of improvcment be done by contract let in the manner provided
by law and ordinance and further provided that special tax bil].s would
be issued in paymEnt therEfor.
SECTION 2. The Council finds and declares that said Rosolution has
been published in the Southeast Missourian, a newspaper printed and
published in the City of Cape Girardeau Missouri , and doing the City
Printing, for sevon consecutive issu�s , and that more than ten days
havic elapsed since the last publication th�reof in sa.id paper , and that
a majority of the resident owners of the lands liable for the cost of
said improvement at th� date of passa�e of said Resolution, and who alsc:
own a ma j ority of the front feet ad j oining said improvement did not
within ten days after said last d�te of publication of said Rasolution,
file with the City Clerk tY�eir protest ag�.inst the improvement as re-
• quired by law and the ordinances of the City. The Council being of the
opinion that the nec�;ssity still exists for the impro�rement of j;s;.;.;
r; U -��!�, -�� proposed in said Resolution hereby reaffirms
its previous �c ion in declaring said improvement necessary. �
SECTION 3 . The Council further finds that all requirements impos�d
by law and ordinance for said improvement have been complied with and
that it has thereby acquired authority to order said improvement, and
it now hereby orders �nd directs that �`- � G �� � ��' ���' :�;i� r?�:l�;t_�F;�
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In accordance with thc provisions of said Resolution, with the Plans
�nd Specif icati ons f or s�id impr ovement previously adopted �nd on f ile
in the office of the City C1erk, with Commission Form Ordinance Number
328, passed and approved on the Sth day �f �tay 1925 , and with this
ordin�nce .
SECTION �.. The Council further orders and directs that said work of
improvement on that part of r ,,; 1. .� ��P��' `fi above de-
scribed be done by contract , and t t t e one so that it will in all
respects comply with said Pl�ns and Specifications therefor, and that
it will not exceed the Estimates of Cost for said work prepared by the
City Engineer And on file in the officE of the City Clerk and previous-
ly approved by the Council , And that said work of improvement be done
in such manner as to comply with the terms and provisions of said
Commission Form Ordinance Numoer 328 and with this Ordinance . No con-
tract shall be entered into under authority of this ordinance that ex-
ceeds the estimate of the whole cost of this improvement previously
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made by the City Engineer and above referred te. The Council further
finds and dec�lares that in its judgment the conditicn of the General
Revenue Fund of the C ity is such that no part of the co st of said im-
provement shall be paid therefrom.
SECTION 5 . The City Clerk is hereby authorized and directEd to
advertise for bids in the newspaper doing the City printing, for the
cflnstruction of sttid impr•ovement according t.:: the Plans , Specifications
and �stimates of Cost therefor and in accordance with said Commission
Form Ordinance Number 328 and this Ordin�nce �ncl the Clerk, in adver-
tising for such bids shall advise bidders of the deposit and bond re-
quired by law to be given and further advise bidders that no contract
will be awarded the successful bidder unless he stipulate in his pro-
pos�l that he will accept special tax bills to be issued against the
property ab utting on said impr ovement in payment theref or and that he
vuill in no event hold the C ity liable f or the c os t of' the work or any
part thereof, and will further, upon completion of the werk pay the
cost of the Engineerts services and any other cost accrueing in com-
pleting his contract .
SECTION 6. The P.�ayor of the City is hereby authorized And directed
to enter into a contract for the City with the Contractor who shall
hereaf ter be awardc�d the c ontrac t f or such impr ovement in acc ordance
with the law and ordinances of the City and said contract shall provide
that such work of improvement be done in accordance with said Plans ,
Specifications, Estimates of Cost, Commission Form Ordinance Number 328
and this Ordinance .
SECTION 7. V'�then said wcrk of imprnvem�nt has been completed as here-
in pr ovided and has f urther been appr oved hy the City Engineer in a
written report thereof , and when said report has been approved and
adopted by the Council, Sp�cial Tax Bills in fc�var of the Contractor
who did the work and against the lots and parcels of land fronting and
abutting on said improvement along the distance mentioned in pr oportion
to the number of abutting front feet shall be issued in accordance wi�.
the law and said Commission Form Ordinance Number 328 �nd delivered to
said Contractor in payment for said work of improvement .
SECTION 8. This ordin�nce shall take effect and be in f orce after
the expiration of ten days from the date of final passage or adoption
there of.
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P�'�SSED AND APPROVED, this � - day of „�-�--, 19��
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MAYOR
ATTEST :
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