HomeMy WebLinkAboutCommForm.935.08-04-1941 ��'�` _
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1 COM�dISSION FORM ORDINANCE N0. 9�c�
A� ORDINANCE REAFFIRMING THE ACTI4N OF THE CITY COUNCIL
IN DECLARING IT NECES5ARY TO IB�PROVE, PROVIDING FOR TH�
IMFROVEMENT, AND DIRECTING THE CITY CLERK TO ADVERTISE
FOR BIDS TO DO THE WORK ON THAT PART OF HENDFRSON AVENU�
FR.OB� THE EDGE OF THE EXISTTNG CONCRETE PAVE�+i'ENT AT THE
I�ORTH LINE OF DUNKLIN STREET NORTHWARD A DISTANCE OF
39� FEET TO THE NORTH LINE OF NORI�`tL HEIGHTS BY GRADING
SAID PORTION OF HENDERSON AVENUE TO ESTABLISFiED GRADE
AND CONSTRUCTIIdG THEREON A PORTLAND CE�HENT PAVEMEATT SIX
(6) INCHES THICK AND T�IRTY (30) FEET WIDE WITH INTEGRAi.,
CURBS; AIITHOR7Z�TG THE BdAYOR TO EI+ITER INTO A CONTRACT FOR
T$E COP�PI,�TION OF SAID WORK, AND AUTHORILING THE ISSUAN�i�
OF SPECIAL TAX BILLS TO PAY FOR SAID WORK
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE GInAR-
DEAU, MISSOURT, AS FOLLOWS:
SECTION 1: That �he Cit� Council of the City of Cape Girardeau,
Adissouri, has by Resolution in writing uly adopted at a meeting of said
City Council, held on the �,°� day of � 1941, found and declared
i� necessary to improve that part of enderson Avenue from the edge of
the exi�ting concrete pavement at the north line of Dunklin Street north
a distance of 392 feet to the north line of Normal H�ights by grading
said portion of Henderson Avenue to the establ3.shed grade and conyt��c�jing
thereon a Portland cernent pavement six (6) inches thick and thirt
feet wide with integral curbs.
Said resolution also provided that special tax bills woul�b��
issued as provided for by law and by Commission Form Ordinance No.
and a11 amendments theroto, to pay for the cost of said improvement in-
cludi.ng engineering, printing and other incidental costs, and that said
work shall be done according to the plans, �pecifications and estimate
of the cost prepared by the C y Engineer, hi.ch plans, specifications
and estimate �ere, on the �/� day of ,� , 1941, �PProved and
adqted by the City Council, and are now file in the office of the
City Clerk.
SECTIOIV �: The City Council furtiier finds and declares that said
R�lution has been published in the SOUTH�AST MISSOURI�N, a n�v�spaper
published and printed in the City of Cape G3rardeau, Missouri, for seven
(?) consecutive issues, and that more than ten (10) days have elapsed
since the last publication thereof in said paper, and tha.t a ma�ority
of the res�.d�nt owners of the lands liable for the cost of said improve-
m�nt at the date of the passage of said Resolution, and who also o�m a
majority of the front feet fronting or ab�itting on said improvement�
did not, within ten (10) days after the last publication of said Resolu-
tion file with the City Clexk`their protest against the improvement as
rec1uired by law and the ordinances of the City. The Council being of
theSaidnResolutionh�herein�reaffirms itssprevioushaction in declaringsed
in
that said 3.mprovement is necessary.
SECTION 3: �� �o�-�c�� �rther finds that a11 requirements imposed
i- bp law and all ordinances and amendments thereto provid3.ng for said �.m-
' provement have been compl3.ed with, and that it has thereby acquired
au�hority to order said improvement, and the City Cou.ncil does hereby
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order and direct that that part of Henderson Avanue from the edge oi
the existing conerete pavement at the north line of Dunklin St�ee�
north a distance of 39� f�et to the north line of Normal Heights be
improved by grading said portion of Henderson Avenue to established
grade and constructing th�reon a Portland cement pavement six (6)
inches tYi�k and thirty (30) feet wide �vith integral curb�.
All. of the said �ork and improvement as aforesaid sha11 be done
in accordance with the provision� of said resolution; shall be done in
accordance with the provisions of the plans, speciiications and estimate
of cost for said improvement prepared by the City Engineer, �rhich plans
and specifications �vere adop d and filed in the office of the City
Clerk on the � day of _�. , 1941, and also shal]_ be done
in accordanee �ith Commis n Form Ordinance No. 3�$ applicable thereto;
and in accordance with tne Laws of the State of Missouri, and in accord-
ancs with the provisions of this Ordinance.
SECTIQN l�: The Council further orders and. directs that all work
necessary for making said improvemen�t shall be done in such a manner
that it will. in all respects comply with the plans and specifications
therefor, and that the cost thereof wil�. not �xceed the estimate of
the cost for said �rork prepared by the City Bhgineer, all of which are
noxT on file in the office of the City Clerk and have heretofore been
approved by the City Council, as aforesaid, and that said improvement
shall be done in such a maruzer so as to comply �rith the terms and pro-
visians of Commission Form Ordinance No. 3`�8 applicable thereto and
�ith the provisions of this Ordinance and the Laws of the State of
Missouri.
SECTI�N 5: The Council furtn�r finds and decl�res that in its
�udgment the condition of the general revenue fund of the City is such
that no part of the co�t of said impronement shall. be paia �herefrom.
SECTION 6: Th� City Clerk is hereby authorized and directed to ad-
vertise for �ids in �he manner provided by la�r for the construction of
said improvement in-accordance with the plans, speciiications and �stimate
of cost therefor, and in accordance with Commission Form Ordinance No.
3�$ and this Ordinance. The Clerk, in advertising for such bids, shall
advise all bidders of the deposit and bond rec�uired by law to be given
and further advise all bidders that no contract will be awarded the
successful bidder unless he stipulates in his proposal that he will ac-
cept special tax bills at par to b� issued against the property fronting
and abutting on said improvement in payment for the eontract price.
Said bi�iers shall also be advised that said tax bills shall include all
costs incident to engineering, inspection, preparation of plans and es-
timate, final apportionment of co�ts and tax bills, and all miseallaneous
items, and said successful bidder shall, upon the compl�tion of said work,
pay to the City the aforesaid engin�ering and inspec�ion costs, costs of
pr�parat3.on of plans and estimate, final apportionment of costs, and cost
of tax bills and the eost of all miscellaneous items. Said bidders
shall also be advised that no contract shall be awarded the successful
bidder unless he further stigulates that he '�art thereof.�n� holc� the
City liable for t:rie cost of the work or any p
SECTION 7: Th� Mayor of the City is hereby authorized and directed
to enter into a contract for the City with the contractor �ho shall here-
after be awarded the contract for said improvement in accordance �ith
law and the ordin�.nces of the City, an� said contract shall also provide
that the work of said improvement shall be done in accordance with the
pl�ns and specifications, estimate of cost, Commission Form Ordinance No.
3'�$ and amendments thereto� and this ordinance, and said contraet shall
pbovide further that said contractor shal� give a bond as required by law;
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that the contractor will accent special tax bi11s at par to be issued
against the property fronting and abutting on said improvement in
payment for said contract price; �hat said tax bills shall also include
in amount the cost of en�eering and inspection and all other miscellan-
eous costs, 3ncluding printing cost of tax bills and othEr miscellaneous
costs, and that unon the completion of the work th�se costs shall be paid
by the contractor to the City in order to reimburse the City for euoh
costs, and further th�.t in no event will s�id contractor hold the City
liable .for the cost of the work or any part thereof.
SECTION g: When said _work and improvement has been completed
as herein nrovided and has been approved by t;he City Engineer in a
written report �hereof, and when said report has been approved and adopt-
ed by the City Council and the entire improvement has been accepted by
the City Council, then special tax bi11s sha11 be issued in the princi-
pal amount, amoui��Zing ta the contract price plus the costs of en�ineering
and inspectio� and other miscellaneous costs as provided for herein. The
special tax bi11s shall be issued in favor of the contractor who 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 specifi-
ca�ions, and this ordinance, in accordance �rith the lavr and Commission
Form Ordinance No. 3?$ and the amendments thereto, and the special tax
bi11s shall be delivered to said contractor.
SECTION 9: This ordinance shall take effect and be in force
after the expiration of ten (10) days from the date of the final passage
or adoption hereof.
Passed and approved this � ._�day of - , 1941.
Mayor
ATTEST: �'
City Cl r
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