The URL can be used to link to this page

Home My WebLink AboutCommForm.896.09-16-1940 CO1I�ISSION FORM ORDINANCE NO.�� AN ORDIATANCE RFAF�'FIRMING THE ACTIOYd OF THE COUNCIL IN � DECLEARING IT NECESSARY TO IMPROVE, PROVIDING FOR THE IR�PROVEMENT, AUTHORIZING TTHE ISSUANCE OF SPECIAL TAX BILLS, AND DIRE�TING THE CLERK TO ADVERTISE FOR BIDS TO DO THE `"10R�' ON THAT PART OF PERRY AVENUE �rYHICH IS NOW UNIMPROVED ON EACH SIDE OF TI� EXISTING CONCRET� PAV�IIEI�TT, SAID IMPRQVEMENT C ONSI STI NG OF 'i'HE PAVING OF �` PERRY AVENUE ON THE EAST SIDE OF T'I� EXISTING PAV�ENT s FROM THE EDGE OF THE PAVEMENT ON BROADWAY STREET I�TORTIi- WARDLY BETWEEN THE E�ISTING PAVEtV1ENT AND Tf� EXISTING CURB AND GUTTER ON THE EAST SIDE OF PERRY AV�NUE, AND THE IMPR�V�;P�TT OF THE WEST SIDE 4F THE PAVEIJ�NT ON �" PERRY AVII�tUE FROM THE EXISTING PAVII►�ENT ON BROADWAY ; STREET NORT.EiWARDLY BET'rNEEN THE EXISTING PAVEMENT AND THE CURB AND GUTTER ON PERRY AVF�TUE, BY FURNISHING AND PLACING ON SAID STRIPS A PORTLAND CEMENT PAVII�NT SIX (6�') INCHES THICK AND TO EXTEND IAT WIDTH THE DISTANCE FROM THE EXISTING PAVEG�NT TO THE S�ISTING CURB ANT) ' GUTTER ON' PERRY AVENUE, EXCEPT AS SHOWN OTHII3WISE BY A PLAT AND PLANS OF SAID Il�PRO�NT APPROVED BY THE CTTY COUNCIL AND ON FILE IN THE CITY CLERK'S OFFICE BE IT ORDAINED BY 'I'I� CITY Cf3UNCIL OF T� CITY OF CAPE GIRARDEAII, MISSOURI, AS FOLLOWS: SECTION 1: That th� City Council of the City oP Cape Girardeau, Mis�ouri has, by resolution in writing, duly adopted at a meeting oY the said Council held on the Z °7� day of , 1940, Yound and declared it to be necesgary�improve wo st ps oY ground on Perry Avenue, said strips of ground being located on the east and west " sides regpectively of the eai�ting paQement on Perry Avenue and eatend- ing on the e,ast side fro�n the egisting pavement on Broadway Street northwardl�r between the eaisting curb and �utter and the existing pave- ment on Perry Avenue to the south line oP Pemiscot Street, and on the west side of said Perry Avenue from the existing pavement on Broadway Street north between the eaisting curb and gutter and the existing pave- ment on Perry Avenue to the north property line of I,ot 19, Walkerts Subdivision� by placing thereon a Portland cement pavement sia (6") inches thiek. Said pavement is to completely cover said strips of Perry Avenue, and shall extend in width from the eaisting pavement to the eaisting �urb and gutter on eaeh side of said street, eaaept as shown otherwise by a plat filed by the City Engineer and adopted by the City Couneil on the Q'-� day of, 1940 , and now on Pile in the offiee of the City�;'terk. -1�� Said re$olution further provided that said work shall be done by contract and that fi�'ty-five (55°�) percent of the cost oP improving said strips of land shall be paid for by special taa bills issued in � favor of the contractor and against the property fronting and abuttin� on said respe�tive tracts, in accordanee with Commission Form Ordinance �` No. 328, and such other ordinance or ordinances as may be hereinaYter enacted to carry out said work, and that the remainder of the cost oY improving said strips o�' land, to-wit: fortp-five (4�°�) percent , o�' the cost shall be pa�.d for in cash out of a special Yund areated by the Cape Girardeau Speci al Road District. Said resolution also pro- � vided that said taz bills would be issued as g�ovided by law and by �, � �'.� ��` ��,�i�,� �� .� 's �`� F ':a �." � i s�,�s�`t4�.�� '-'s� �''' � � ��r _ .,. ;. .:M . . t � . '�d5r� �s�:''� �e �a e :.�`�`> :.., �� . .�� x ''j��*,et�..�._�'�"��`��. �"a '`��'�*�$. § �;,: , ,_ , � � F Co�.i.ssion �'orm Ordinance No. 328 and all amendments thereto, and that said work shall be done according to the plans, specifications and estimate oP the cost prepared by the City Engineer, which plans, specifieations and estimates �rere on the k-� day of Gr�, 1940 approved and adopted by the City Council anc'�are nou� on � e n the ofPice of the Ci.t3r Clerk. P SECTION 2: The City Council Purther Pinds and declares that said resolution has been published in the Southeast Missourian, a newspaper published and printed in the City of Cape Girardeau, Missouri, for seven (7) consecutive issues and that more than ten (10) days have elap�ed since the last publication thereoP in said paper, and that a � ma�ority of the resident owners of the lands liable �or the cost oP said improvement at the date of passage of said resolution end who also o�vn a ma�ority oP the Proat Pee* fronting or abutting on said improvement did not, within ten days aPter the last publication of said resolutioa, file with the City Clerk their protest against the improvenaent as required by law and the ordinanees o� the City. The Council bein� of the opinion that the necessity still exists for the improvement proposed in said resolution, herebq reaffirms the previous action 3n declaring that said improvement is neeessary. � SECTIOI� 3: �he Council Purther finds that all requirements im- posed by law and all ordinances and amendments thereto providin$ �or said improvement have been complied with, and that it has thereby acquired authority to order said improvement. The C'itp Council does herebq order and direct the improvement of the above mentioned strips of grovnd which are now unimproved lping between the eaisting �; conerete pavemeat and the existing curb �nd gutter on both the east and the west sides of Perry Avenue, said improvement being described more particularlp by tracts as f'ollows: Tract No. l: Al1 that part of Perr3r Avenue lying between the �nrb and gutter on the east side of said Perry Avent�e and the existin� conorete pavement on Perry Avenue , eomnenaing at the edge of the eaisting pavement at Broadway Street and egtending northward to the south line of Pemiseot Street, except that part af said strip on which pavement novr eaists. Tract No. 2: All that part oP Perry Avenm� lying between the �; curb and gutter on the west �ide of said Perry Avenue aad the ezisting cnnerete pavement on Perry Avenue, commtencing at Broadway Street and eztending northward to the north property line of Lot 19, Walker's Subdivision, eacept that part oP said strip on which pavement now eaists. That said strip� or tracts of Perry Avenue shall be improved bq plaeing thereon a Portlaad eement pavement siz (6") inches thick and shall ea- tend in width Prom the edge o1' the ezisting pav�ment on Perry Avenue to the eaistin� curb and gutter, except as otherwise provided for oa the plat �'iled by the City Engineer in the oPPice of the City Clerk aad adopted and approved b7 the City Council on the � dap of '�.c�, 19 40. r`� All of said work and improvexnent a� aPoresaid ahall be done in aecordance with the provisions of said resolution and ghall also be doae in accordance with the plans and specifications for said improvement prepared by the Cit�r En�ineer, which plans and specifications were ; , . - 2 - �.�,. �- �`,�,t�'��-0'.�;w� ..�.L ,, r,y�*'; �' � "�.x� s .� ., . � �"' �,��,, . �" ,k• �� s�_�N ..}�� y. tt �y . -f `�Y 5 r s� � ��c7�k �,�$3 �5��t�� .. . .. ,. ..�:��.�' xaa.#,}�Y�^� �'. x'�xsA +�4& ,r � _'`� ...r .. •$.a �t. � ��._�..r;. S, 5»�''�.£'�-rw'. r �c.,4,� ��ix .. . -. . ^ r adopted and filed in the off3.ce oP the City Clerk as aforesa3d and in accordance with Commission Form Ordinanoe No. 328, an.d in aceordanc� with the laws of the State of Missouri and in accordanee with the pro- visions oP thi s ordinanee. E. I SLCTI�N 4: The City Council further orders and directs that all ' work neee�sary �'or the construction of said improvemsat shall be done ' in such a �nner that it will in all respects aomp2y with said plan� and speciPicationa therefor, and that the co�t thereof will not ex�eed the estimate of the cost f'or said work prepar�d by the City Engineer and on file in the office of tMe City C�rk a.nd heretofore approved by the City Council as aforesaid, and that said improvement shall be done in such manner so as to comply with the terms and provisions of Co�i.ssion Form Ordinanae No. 328 and am.endments thereto and with the provisions of this ordinance and the laws of the State of ldissouri. The City 6 Council t'urther orders and direets that no eontract shall be entered into under authority of this orlinance that excesds the estimate of the �rhole cost of the improvement previously made by the City Engineer and herein referred to. SECTION 5: �'he City Council further finds and declares that in q: its 3udgment the condition oP the general revenue fund of the Cit� � is such that no part of the cost of said improvement �hall be paid �or thereYrom. SECTTON 6: The City Clerk is hereby suthorized and direeted to advertise for bids Por the furnishing oY all ma�erials and Por all labor and for the eonstruetion of said impro4ement in accordanee rv3.th the �� plans, specifications and estimate oY the cost therePor, and in aceord- � ance with Cc�mnission Form Ordinance No. 328 and the amendments thereto, and this ordinance. The Clerk ia advertising for such bids shall ad- vis� all bidders oP the deposit and bond required by law to be given and Purther advise all bidders that no contract will be awarded the 6 successful bidder unless he stipulates in his proposal that he vrill ac- cept special taa bills at par to be issued a�ainst the property fronting and abutting on said improvement in payment Por the contract price. Sa3.d bidders shall also be advised that said taa bills shall include a11 costs incident to engineering . inspection, preparation of plans and estimate, Pinal apportionment of costs and taa billa and all miscellaneous items, and said successful b3.dder shall, upon the completion of said work, pay tv the City the aforesaid engineering and inspeetion �osts, cost o� preparation of plans and estimate, final apportionment of Qosta, cost of taa bill�, and the cost of all. miscellaneous items. Said bidder shall also be advised that no contraet shall be awarded the succesaful biddEr unless he further stipulates that he �rill in no event hold the Citp liable for the cost of the work or any part thereoP. SECTIO�T 7: The Iridayor of the C�ty��hh�hebeontractore�rhonshallected to enter into a contraet for the Ci p hereaPter be awarded the contract for said improvement in aceordance aith law and the ordinances of the City. Said eontract shall also proTide that the work of said improvement shall be done in aecordance v�rith the plans and specifications, estimate of cost , Commission Form Ordinance No. 328 and the amendaents theretod contractorrsha�llcgivena ' said contract shall provide further that sai ' bond as required by law; that the contraetor will accept special tag bill� at par to• be issued against the property frout ing and abutting on said improvement in payment for said contract price; that said taa bills shall also include in amount the cost of' en�ineering and inspec- tiou and other miseellaneous costs, inc�heiworkrthese�coststshallabe j bills, and that upon the completion of 4 -- 3 - paid by the contractor to the City in order to reimburse the City Por such costs and that in no event will said contractor hold the City ]iable for the cost of the work or an� part thereof. SECTION 8s The Mayor oP the Gity is Purther authorized and directed to enter into a contract with the Cape Girardeau Special � Road District, which contract shall provide that the Cape Girardeau Special Road District shall pay to the City Clerk Porty-fi�re (45�� percent of the total contract priee , which said sum shall be held in the offiee oP the City Clerk and upon the completion oY said work shall be delivered to said eontraetor. SECTI02� 9: When said work and improvement has been completed as herein provided and has been approved by the City Engineer in a written report thereof, and when said report has been approved and a+dopted bp ° the City Council and the entire improvement has been aecepted by the City Council, then the said sum of money placed with the City Clerk by the Cape Girardeau Special Road Di�trict shall be handed to said contractor in paqment Por forty-Yive (45�) percent of his contract price. It is further provided that special tax bills shall thea be �' issued in the principal amount amounting to fifty-f ive (55�,) pereent � of the contract price, including the cost of engineerin� and inspection and other miscellaneous costs as provided for herein. The special ta� bills shall be issued in favor of the contractor who did the work and a�ainst the lots and parcels of land Pronting or abutting on said improvement as de�'ined by the resolution, the plans and specifiea- tions, and this ordinance, and in accordance with law and Commi.ssion F'orm Ordinance No. 328 and the amendments thereto, and that the said �� speeial tax bills shall then be delivered to said contractor. SECTION 10: This ordinance shall take eYfect and be in foree after the expiration of ten (10) days Prom the date o�' the final passage or adoption hereof. SECTIO�E 11: Al1 ordinances or parts oP ordinances in eonflict herewith are hereby rep+�sled. Pass�d ar�d �pproved this _�,_ day o� , 1940. , �� , Mayor �` Attest; � � City Cler �'� II��, � 'a'� j'�' I � � r �:� � k�� '�f.t.tr� � € �'��a '.:"�'gqc,� ,.�+ z �._,, ^+�3Mi�� B' �" � r ,. i^k � .a r t"�' c � �Y'',� . ,�p+'. d.;.. I II 5 ��.y�a ��, '�5.,tix,r .:�,sF�,. �� ;.. .. ��f' .� c'hs'��r. ' , K� �;�' "f�.',�.�+ t5 k �'.��"�y'�'4F+X�.� �"� .s M �', a r ` ��, ;. � �',�k+ '� . : ,� , ��E '�� .^� t "�i a L r.,, s t ,x4#'"� r ' {^.�, y�� .,t�, a; '�„�,. 5 � �; xa eu� ?`y G r '� : �'a��r�.. .x : a � � 4 .r MF.. � a +r X 'R L'�Y< s -,-' . '" k c � " P �r:,. g��,� � ,�� N . yk. `�' . y��, k�r . d+ �6I� F'^r �� 5'�3�7'�r �f' , r ��5 �:w � �t'��t <� Y �'� '� '*�,, � 'r ��'� `�:��a;. i�! �y`�� hk � ,4n �d Y��, � if� ( y �N �. N � �. N��y �d+�.�'�'��-. �Y*-�A�x y�� -� � �" � �:'m { u: � � .,,Y ��1�� yi'��,�c��' s��+ �x.��S� > k �,�7�'� � � $ .'�'k r a r�`iu:� �, �� ;� � t t�s,�� . . . . • . � __... __ ` ,..��'��:�:_ �,.�,``�� a�'��'� ��r��" '��, :� ,. ,�',�. �,v'.i. �-t"�..:. ,` .� {, _ __�. -� 5 _ 4 -