HomeMy WebLinkAboutCommForm.702.07-18-1935 t �
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COMNISSI6N FORM ORDINANCE NUMBER ` D �
AN ORDINANCE REAFFIRMING THE ACTION OF THE COUNCIL IN DECLARING IT
NECESSARY TO IMPROVE, PROVIDING F�R THE ID�PROI�'EiViEN`F, AND DIRECTING
THE CLERK TO ADVERTISE FOR BIDS TO DO THE V�IORK ON THAT PART OF
1'•. -t C!r'1•` - -�l r --�( 1 -�.'i .' �•
T-�I��� � �� �,��m � -r�.� � �� ���������r� >T� ���i Lu.� - 1a� �i� _ .
AND OR IN TH T S W K BE P I 0 Y SP CI � T� BILL .
BE IT ORDAINED BY TIiE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU
N ISS OUP I y AS F OLLOV�TS :
SECTION l . That the Council of the City of Cape Girardeau Missouri ,
has , by a resolution in writing duly adopted at a meeting of said Coun-
c il on the ��day of �, � 1��, f ound and dec lared it t o be
necessary to improve that part o • described
in the title and in Secti on 3 of this ordinance, e otal length of
said improvement being approximately ,,1r feet , and along
which property subject to assessment or sai improvement totuls approx-
ima�ely 11?:� feet. Said Resolution further provided that
said w ork of improvement be done by contract let in the manner provided
by law and ordinance and further provided that special tax bills would
be issued in payment therefor.
SECTION 2. The Council finds and declares th�t sa id Rosolution has
been published in the Southeast Missourian, a newspaper printed and
published in the City of Cape Girardeau. Missauri , and d oing the City
Printing, f or sevon consecutive issues , and that more than ten days
have elapsed since the last publication thereof in said paper , and that
a ma3ority of the resident owners of the lands liable for the cost of
said improvement at the date of passage 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 af ter s�id last date of publication of said Rosoiut�.on,
file with the City Clerk their protest against the improvement as re-
quired by law and th� o�dinances ef the City. The Couneil being of the
opinion that the necessity still exists f or the impr ovement of
;i.1i��o�„r ,tr�o.� _proposed in said Resolution he�eby reaffirms
its previous ac ion in deelaring said improvement necessary.
SECTION �j . The C ouncil further finds that all requirements imposed
by law and ordinance for said improvement have been complied with �nd
that it has thereby acquired authority to order said improvement, and
it now hereby orders and directs that �a��'-��n�r �+_.r eL. from t.�� A��fe o{' t,h�
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In accordance with thc provisions of said Resolution, with the Plans
and Spec if icati ons f or s�id impr ovement previously adopted and on f ile
in the off ice of the C ity C 1erk, with C ommiss ion F orm Ordinance Number
32$, passed and approved on the 8th day of May 1925 , and with this
ordin�nce .
SECTION �.. The C ouncil further orders and directs that said work of
improvement on that part of "'"=--"�-�� "tr� �` above de-
scribed be done by contract, and t t t bQ one so that it will in al].
respects comply with said Plans and Specifications theref or, and that
it will not excoed the Estimates of Cost for said work prepared by the
City Engineer and on file in the office of the City Clerk and previous- f�
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 . Ne con-
tract shall be entered into under authority of this ordinrznce that ex-
ceeds the estimate of the whole cost of this improvement previously
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made by the (:ity Engincer and above referred to. The Council further
finds and declares that in its judgment the conditicn of the General
R�venue Fund of the City is such that no p�rt of thE cost of said im-
provement shall be paid therefrom.
SECTION 5 . The City Clerk is hereby authorized and dir�cted to
advertise for bids in the newspaper doing the City printing, for the
construction of said improvement according t.0 the Plans , Specifications
and �stimates of Cost therefor and in accordance with said Commission
Form Ordinance Number 328 and this Ordinance and 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
wi11 be awarded the successful bidder unless h� stipulate in his pro-
pos�l that he will accept special tax bills to be issued against the
property abutting on said improvement in payment therefor and that he
will in no event hold the City liable for the cost 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 C ity is hereby authorized and directed
to enter into a contract for the City with the Contractor who shall
hereafter be awardad the contract f er such impr ovement in accordance
with the law and ordinances of the City and said contract shall provide
that such work of impr ovement be donE in acc orc�ance with said Plans ,
Specifications, Estimates of Cost, Commission Form Ordinance Number 328
and this Ordinance .
SECTION 7 . j�then said wcrk of improvement has been completed as here-
in provided and has f urther been appr oved hy the City Engineer in a
written report thereof�, �nd when said report hus been approved and
adopted by the Council, Sp�;cial Tax Bills in favor 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 proportion
to the number of abutting front feet shall be issued in accordance wi�i
the law and said Commission Form Ordinance Number 328 and delivered to
said C ontract or in paSrn!ent f or said work of impr ovement .
SECTION 8. This ordinance shall take effect and be in f orce after
the expiration of ten days from the date of final passage or adoption
there of. �
P�SSED AND APPROVED, this / 0 - day of 19���
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MAYOR
ATTEST :
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C y Clerk.