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Home My WebLink AboutCommForm.917.05-10-1941 ,µ A ! . s �� 91 � , , , COI�301IISSION FORM ORDINANCF NO.�____ AN ORDTNANCE REAFFIRI�IING THE ACTION OF THE CITY COUNCIL IN DECL�IRING IT NECESSARY TO IMPROVE, PRO�rIDING POR THE IMP"��OVErJlETdT, .AND DIRECTING THE CLERK TO ADVERTISE FOR BIDS TO DO THE VdORK ON THAT P�RT OF PACIFIC STREET FROII� THE CENTEH LINE OF ELM STREET TO THE CENTER LINE OF LOCUST STREET, BY GRADIlVG SAID STREET TO ESTABLISHED GRAD�� AND FURNISHING AND PLACING THEREON A PORTLp1VD CETvIFNT PAVE�II'�:NT SIX (6�")INCHES THICK AND THIRTY-SIX (3d) FEET V`�IIDE, �iITH IldTEGRAL CURB SO T�3AT S�IID STREET SHALL BE THIRTY-SIX (36�) FEET WIDE FROM BACK OF CURB TO BACK OF CURB EXCEPT AT IN'TERSECTIONS '�JHERE SAII) PAVE�VIENT AND INTEGRAL CURB SHALL BE CARRIED TO PROPERTY LINES BE IT ORDAINED BY THE CI�Y COUNCIL OF THE CITY OF CkPE GIRARDEAU, MI�SOURT, AS FOLLOWS: S�CTION 1: That the City Council of the City of Cape Girardeau Missouri has by resolution in writing dul;� adopted at a meetin.g of said City Couneil held on the �!'C day of /1.�� , 1941, found and de- clared it to be necessary to improve Pacif� Street from the center li.ne of Elm Street to the cent�r linP of Locust Street by grading that portion of said street to established grade and placing thereon a Portland cement pavement six inches (6r) thick, togetner vrith integral curbs so that said street shall be thirty-six feet (36 � j u�ide from back of curb to back of curb, except at intersections where said �ave- ment and curb shall be carried to property lines. Said resolution elso protiTided that special tax bills wrould be issued as pro�*ided for by law and by Commission Form Ordinance Ido. 3�g and all amendments thereto, to pay for the cost of said improvement including engineering, printing and other ineidental costs, and that said work shall be done according to the plans, specifications and estimate of the cost prepared by the City Engineer, which plans, speci- fications and estimate were, on the � day of , 1941, approved and adopted by the City Council and are now on file in the office of the City Clerk. SECTION �: The City Council further finds and declares that said Resolution has been published in the SOUTHEAST MISSOURIAN, a ne�vs- paper pul�lished and printed in the City of Cape Girardeau, Missouri, for seven (7} consecutive issues, and that more than ten (10) days have elapsed since the last publication thereof in said paper, and t��at a ma�ority of the resident owners of the lands liable for the cost of said improvement at the date of the passage of said Resolution, and who also own a ma�ority of the front feet fronting or abutting on said improvement, did not, witY�in ten �10) days after the last publication of said Resolution file �cith the City Clerk their protest against the imnrovement as required by law and �the ordinances of the City. The Council bein� of the opinion that the necessi_ty stil� exi�ts for the improvement proposed in said Resolution, herEin reaffirms its previous action in declaring that said improvement is necessary. .r", s._ � .. -- SECTION 3: The Couneil further finds that al7_ requirements imposed by law and all ordinances and amendments thereto providing for said improvement have been complied v:�ith, and that it has thereby acc�uired authority to order said improvemcnt� and the City Council does hereby order and direct that that part of Pacific Street between the c�nter line of Elm Street anci the center line of Locust Street be improved by grading the said str�et to established grade and by placing thereon a Portland cement pavement six inches (6*) thick with integral curbs so tnat said street v�ill be thirty-six feet (36t ) �ride from back of curb to back of curb except at intersections where said pavement and curb shall be carried to property lines. All of the said work and improvement as aforesaid shall be done in accordance �ith the provisions of said resolution; shall be d on� in accordance with the provisions of the plans, specification5 and estimate of cost for said imprnvement prepared by the City Engineer �hich plans and specifications were adopted and filed in the office of the City Cl�rk on the ��a_ day of , 19�1; and also shall be done in accordance with Commission Form Ordinance No. 3�g applicable thereto, and in accordance �vith the Laws of the State of Missouri, and in accordance with the pro�Tisions of this Ordinance. SECTION 1�: The Council further orders and directs that all �ork necessary for making �aid improvement shall be done in such a manner that it will in all respects comply vdith the plans and specifi- cations therefor, and that the cost thereof will not exceed the estimate of the cost for said �ork prepar�d by the City Engineer, all of �rhich are now on file in the office of the City Clerk and have heretofore been approved by the City Council, as af'oresaid, and that said improve- ment shall be done in such a manner so as to comply with the terms and proiTisions of Comrn3_ssion Form Ordinance No. 3�g applicable thereto and with the provisions of this Ordinance and the Laws of the State of Bdissouri. SECTION 5: The Council further finds and declares that in its judgment the condition of the general revenue fund of the City is such that no part of the cost of said improvement shall be paid therefrom: SECTION 6: The City Clerk is hereby authorized and directed to advertise for bids in the manner provided by la� for the construction of said improvement in accordance with the plans, specifications and estimate of eost therefor, and in accordance with Commission Forr� Ordinance No. 3�8, and this O.rdinance. The Cl�rk, in advertising for such bids, shall advise all bidders of the deposit and bond required by law to be given ana furthex advise all bidders that no contract will be awarded the successful bidder unless he sti:pulates in his proposal that he �vill accept special tax bills at par to be issued against the property fronting and abutting on said improvement in payment for the contr.act price. Said bidders shall. also be advised that said tax biJ_ts shall_ include all costs incident to engineering, inspection, preparation of plans and estimate, final apprortionment of costs and tax bills, and all miscellaneous items, and said successful bidder shall, upon the ;completion of said work, pay to the CitV the aforesaid engine�ring and inspection c�sts, costs of preparation of plans and estimate, final �.pportionment of costs, and cost of tax bills and the cost of all miscellaneous items. Said bidders shall also be advised that no contract shall be awarded the successful bidder unless he further stipulates that he will in i�o event hold the City liable for the cost of the work or any part thereof. - :� �'- � �c � y Ir SECTION '7: The Mayor of the Cit,y is hereby authorized and directed to enter into a contract for the City �►ith the contractor ��ho shall hereafter be av�rarded the contract for said improvement in accord- ance with law and the ordinances of thg City, and said contract shall also provide that the vsrork of said improvement shall b� done in accord- ance with the plans and specifications, estimate of cost, Commission Farm Ordi.nance No. 3�g and amendments thereto, and this or�.inance, and suid contract shall provide further that said contractors shal.l give a bond as req_ui�ed by law; that the contractor �rill acce�t special tax bills at par to be issued against the property fronting and abutting on said impro�tement in payment for said contract price; that said tax bills shal� also include in amount the cost of engineering and inspection and all other miscellaneous costs, includi�g pr3r�ing cost of tax bills and other miscel_laneous costs, and that upon the completion of the v�ork these costs ahall be paid by the contractor to the City in order to re- imburse the City for such costs, and further that in no event �uil7_ said contractor hold the City liable for the cost of the VdOP� or any part the-reof. SECTION 8: VYhen said work and improvement has been completed as herein provid.ed and has been approved by the City Engineer in a written report thereof, and when said report has been approved and adopted by the City Council and the entire improvement has been accepted by the City Council, then special tax bills shall be issued in the tarincipal amount, amounting to the contract price plus the costs of engineering and inspection and other miscellaneous costs as provided for herein. The special tax bills shall be issued in favor of the contractor vuho did the work and against the lots and parcels of land fronting or abutting on said improvement as defined by the Resolution, the plans and specifications, and this ordinance in accordance with the law and Commission Form Ordinance No. 3�8 and the amendments thereto, and the special tax bi11.s shall be delivered to said contractor. SECTION 9: This ordinance shall take effect and be in foree after the expiration of ten (10) �ays from the date of the final passage or adoption hereof. Passed and approved this � day of , 19/�l. � _ �2• � _- -- " Mayor Attest: City erk - 4� 3 „�� _ .,.� ^��„� �r �.�� :. � � ,, - -�{ -.��` ' � = ;� :�•`'•� " '` � -- .$ � ��ti � � � �.� � �,�� r � fi � �� .�x �i... ,�� s - x ...� ` � -E�� _ � �: �� `�� ' 6,'�.�s ,� , uYt-`."�r ",� 4 x��p3r�� t ,y N' . �_'`aKw� . c w�g' � ��P ... ��f�-. f . _ � : � 3.�,c.ve,'��c� �� ' �' .�''�_�,,�`r, �e _ �'-� � a� �+u^s .. . � rr�. .- �' z;,r, _ V_ � x� �. -�.: `� .. .- .�� ,� _ .:��.� f'`a-�`.�: �.� - 3 -