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Home My WebLink AboutCommForm.939.09-05-1941 „�, _ r_ , `^ '� < ` � I . �� -f� �' �1 ,, ” p� � / � � COMMISSION FORM ORDINI�NCE N0. / � ` —� � / An Ordinance reaffirming the action of the City Council in declaring it necessary to improve, providing for the improvement, and directing the C1erk to advertise for bids to do �he work �nd nroviding for the i.�su�.nce of special tax bills to �a,y for said �rork, on that part of Bessie Street from the edge of the existing asphaltic concrete pavement at the west line of Sunset Boulevard to the ea.st line of Caruthers Avenue, by grading said street from property line to property line to established grade, constructing concrete curb and gutters thereon, and constructing between said concrete gutters a crushed stone base six inches thick and placing �hereon an asphaltic concrete pavement one and one-half inches in thickness between said gutters so that said pavement when completed shall be thirty feet in width from back of curb to back of curb; all work to be done in accord- ance tivith a plan, a plat, and specifications and estimate of cost for said improvement approved by the City Council and on file in the City Clerk� s Office; and authorizing the l�ayor to execute a contract on behalf of the City of C�.pe Girardeau for the completion of said work. BE I`C ORDAINED BY THE CI^1Y COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: SECTION l: That the Cit,y Council of the City of Cape` Girardeau, Missouri has by resolution in writing duly adopted at a meeting of said City Council held on the � day of , 1941, found anu declared it to be necessary to improve that pa of Bessie Street from the edge of the existing asphaltic concrete pavement at the west line of Sunset Boulevard to �he east line of Ca.ruthers Avenue, by grading said street from proper�y line to property line to established grade, constructing concrete curb and gutters thereon, and constructing be- tween said concrete gu�ters a crushed stone base six (b) inches thick and placing thereon an asph�.ltic concrete pavement one and one-halr (l�) inches in thickness between sa.id gutters, so that said pavement when completed shall be thirty (30) feet in width from back of curb to back of curb. Said resolution also provicled that special tax bills would be issued as provided for by law and by Com�ission Form Ordinance No. 3�$ and all amendments thereto, to pay for the cost of said improvement, including engineering, printing and other incidental costs, and that said work shall be done according to the plan, plat, sp�cifications and estimate o�' cost prepared by the Cit,y Engineer, which plan, plat, specifications and estimate were, on the �_-� d�.y of , 19/�l approved and adopted by the Cit,y Council, a.nd are now file i the office of the Cit�l Clerk. SECTION Z: The City Council further finds and d�clares that said Resolution has been pu'plished in the SOUTHEAST MTSSOURIAN, a neNspaper published and printed in the City of Cape Girardeau, Missouri for ; �� .� � a a.; ��` � � e .. `' '}•"'�,�Y '�a,�.� ' `��•+'3- A,�..,� s � y�a +t -: � ��'a��"'G�F � � � �� f;,xa. t � h`' � ..� � �' �i �v i ,� ��..7�.'r'��" Y.w . �'�. � { ' �-`� �' V ��3 � � r�h✓�.N."�'��:c�'� < ` � 'r� - ` "�� .�' a �'a . �4 t,: ..� r : �F. �� .v �.�.- 3 ' ,�..:� . � ` }�, � . z, s � �� : r . �r�+ � �1;�' . � t • ' _ s �"�,�'. t �i;. � '^ . ' ��,a'� '�� '";`'� � :` � j°i' '�� ::�: :.... , �-. ��* � ��- ' � ��:1 . � �, ., R I�ti:E4._ " , .,... .�. , , � ' . , p. . 4 , .y • -- seven (7) consecutive issues, and that more than ten (10) days have elapsed since the last publication thereof in said paper, and that a majorit,y of the resident ov�mers 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, within ten (10) days after the last publication of said Resolution file v�Jith the City Clerk their protest ag�inst the improvement as required by law and the ordinances of the City. The Council being of the opinion that the necessit,y still exists for the improv�ment pr.oposed in said Resolution, herein reaffirms its brevious action in declaring that said improvement is necessary. SECTION 3: The Council further finds that all requirements im- posed by law and all ordinances and amendments thereto providing for said improvement have been complied with, and that it has thereby acq_uired authority to order said improvement, and the City Council does hereby order and direct that that part of Bessie Stre�t from the edge of the existing asphaltic concrete pavement at the west line of Sunset Boulevard to the east line of Caruthers Avenue be improved by grading said street from property line to property line to established grade, constructing conerete curb and gutters thereon, and construct- ing between said concrete gutters a crushed stone base six (6) inches thick and placing thereon an asphaltic concrete pavement one and one- half (1�) inches in thickness between said gutters, so that said pavement when completed shall be thirty (30) feet in width from back of curb to back of curb. Al1 of the said work and improvement as aforesaid shall be done in accordance with the provisions of said Resolution; shall be done in accordance with the provisions of the plans, plat, specifications and estimate of cost for said improvement prepared by the City Engineer, which plans and specifications were dopted and filed in the office of' the City Clerk on the o�S'�day o� _, 19�1; and also shaii be done in accorda.nce with Commis on Form rdinance No. 32g applica- ble thereto, and in accordance with the Laws of the State of Missouri, and in accordance with the provisions of this Ordinance. SECTION 4: The Council further orders and directs that all work necessary for making said improvement shall be done in such a manner that it will in all respects cotnply v�ith the plans and specifications therefor, and that the cost thereof will not exceed the estimate of the cost for said v�ork prepared by the City Engineer, all of which are now on file in the office of the City Clerk and which have heretofore been approved by the City Cotincil, as afor�said, and that said improve- ment shall be done in such a manner so as to comply tivith the terms and provisions of Com..�ission Form Ordinance No.3�g applicable thereto and with the provisi�ns of this Ordinance and the Laws of the State of Missouri. SECTION 5: The Council further finds and declares that in its �udgment 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. SECTI�N 6: The Cit.y Cl-�-rk -i s hereby authorized and directed to advertise for bids in the munn�r provzcied by law for the construction of said improvemsnt in accordance with the plans, specifications and estimate of cost therefor, and in accordance with Commission Form - � �- Z � � ` . Ordinance No. 32�, �nd this Ordinance. The Clerk, in advertising for such bids, sha11 advise a11 bidders of the deposit and bond required 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 accept special tax bills at par to be issued against the prop�r- ty fronting and abutting on said improvement in payment fvr the contract price. Said bidders shall also be advised that s�id tax bills shall include all costs incident to engine�ring, inspection, preparation of plans and estimate, final apportionment of costs and tax bills, and all miscellaneous it�ms, and said successful bidder shall, u�on th� com�le- tion of said work, pay to the City the afoxesaid engineering and inspec- tion costs, costs of preparation of plans and estimate, final appor- tionment 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 w�ll in no event hold the City liable for the cost of the v��ork or an,y part thereof. SECTTON 7: The Mayor of the City is hereby authorized and direct- ed to enter into a contract for the City with the contractor who shall hereafter be awarded the contract for said improvement in accordanee with law and the ordinances of the City, and said contract shall also pro- vide that the i�rork of said improvement shall be done in accordance with the plans and specifications, estim�te of cost, Commission Forrn Ordinanee No. 3=�g and amendments there�, and this Ordinanc�, and said contract shall provide further that said contractor shall give a bond as re- quired by law; that the contractor will accept special tax bills at par to be issued against the property fronting and abutting on saia imp.rove- ment in payment for said contract price; that said tax bills sha11 also include in amount the cost of engineerin� and inspection and all other miscellaneous costs, incl_udin� printing cost of tax bills and other miscellaneous costs, �nd that u�on the co�pletion of the �;��ork these costs shall be paid by the contractor to the City in order to reimbtu�e the City for such eosts, and further that in no event will said contractor hold the City liable for the cost of the work or any part thereof. SECTION g: tiVhen said work and improvement has been completed, as herein provided for, and has been approved by the City Engineer in a written report thereof, and::when said report has been approved and adopted by the Cit,y Council and the entire improvement has been acceptea by the City Council, then special tax bills shall be issued in the principal arnount of the contract price plus the cost of engineering and inspection and other miscellaneous costs, as provided for herein, pro- vided, however, that the cost�the curb shall be apportioned to the lots fronting and abutting on said improvement, separate and distinct from the cost of the p«vement and gutters, and that the special tax bills shall show thereon the amount apportioned to each tract and parcel of land fronting and �butting on s�id improvement for the cost of the pavement itself and gutters, and shall show the amount apportioned for curbs separately. The special tax bills shall be issued in favor of the contr�:.ctor who did the v�rork an�. against the lots and par- cels of land fronting and abutting on said improvement in the manner �.bove provic'ed_ for and a.s defined by the Resolution, the pl�ns �nc; specifications and the estimate of cost, anct this Ordirianc�, �.nu in accordance �rith the laws of the State of Missouri and Commission Form Ordinance No. 3�g and amendments thereto. Said special tax bills shall then be delivered to the contractor. - 3 - SFCTION 9: This Ordinance shall take effect and be in force a.fter the expiration of ten (10) days from the date of the final passage or �.doption hereof. Passed and approved this c�� da of y __, 19.�1. yl�r.ri! — -- ---�- ----__ _._. .____. _ ` � Mayor At�est: City Cle :• ....:..r�: . ..v.. �_. . ; �� . �_ . . � _ _ .,��- .. . . . . ' . . . � 9 .. . . . . .�' � . :' . . ' . ' :��t�i � � . . � . . . Z Xi�A ( z, . S.�a' �� ., . ' . . .. 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