HomeMy WebLinkAboutCommForm.1016.06-18-1945 ` . .
, • � . �
�
� � � �
� ��I ;
,
� ' COMMISSION FOR� ORDINANCE N0. / O /
AN CR�ITTANCE REAT+'FIR�uiING THE ACTION OF TN�; COUNCII�
IN DECLARIN'G IT �TECESSARY i 0 I��PROVE, PROVIDE 1_±OR
TI'E I�PROVI:�ENT AND DIRECTING TI� CL�tK TO ADVERTI SE
FOR �SDS TC DO T�E Tau ORK ON THl�T PART OF THiI+ENSUS
STRE�'T FROR: T � EAST EDGE OF THE EXISTING PAV�'B�ENT
ON SUIISET BOt?I�VARD TO TH� WEST LI1�TE OF KELLER AV�NUE
BY GRADIRTG THE aAME TO THE ESTABLISHED GRADE AND
INS'� �LLIRTG THEREON A NEt�T CRUS�IED STONE BASE OR
ST�AIZ2?ING tHE EXISTING GRAjTEL BASE AND CONSTRUCTING
ON TH��' BASE SC PREPARED AN ASPNALTIC CONCRETE PAVE�ENT
T�`JENTY-1�'IVE FEET �jIID�, BT ��'N EXISTI�TG CURBS AND
GUTTERS AND NCT LESS TNAN ONE IyND ONE-HALF INCHES
IN TNICKNESS.
BE IT GRDtiINED BY THE C ITY COUTTCI L OF THE C ITY OF CAPE GIRARDEI�T ,
1+�?SS4URI, AS FOLI,CV6"S:
SEGTION 1. That the City Council of the City of Cape Girardeau,
Miasouri, has by resolution in writing, duly adopted at a meeting of
said Counezl held on the 14th day of �&ay, 1945, found and dEclared
it to be necessary to improve trat part of Thilenius Street from the
east edge of the existing pave�ent on Suneet Beulevard to the v�est
line of Keller Avenue by grading the sa�e to the established grade
and install,ing thereon a new crusbed stane base or sta',�lizing tbe
existing gravel base and constructing on the base so prepared an
asphaltic concrete pavement twenty-f ive (�5} feet wide bet��een e xist-
ing curbs and gutters and not less than one and one -half incres (12)
in thickness, The total distance of said improvement being appraxi-
mately �ls ,�, 97 feet and along whicr property subject to assessment
for sUi improvEment totals approximately � feet. a�id reso-
lutior. further providing that said work of improvement sYaould be
done by contract let in the asual and ordir�ary �ray as provided by
law and ordinance, and further providing that special tax bil].s
should be issued in pa.y�ent of the cost of sai d improvement based
on assessment against the property fronting or abutting on said portion
of said streE:t so improved, as provided by law and by Commissian
Form Ordinance No. 328, paesed and approved on the �th day of �iay,
19�5 and accnrding to the plans , specifications and estimate of
cost therefor made and filed v�ith the City Clerk and adopted by the
Council, a.nd in accordance with this ordinance.
SECTION �. The Council finds and declares that said resolution
has been �ublished in the Southeast �i$souriaM, a daily newspaper
�printed and published in the City of Cape Girardeau , �iissouri , and
doing the city printing, for seven coasecutive issue�, and that more
than ten days hav� elapsed since the last publication thereof in said
paper, and that a majority of the re�ident ownere of lands li�ble for
the cost of said improvement at the date of passage of said resalution
and who also own a majority of the front feet frontirg and abutting
on said improvement, did not within ten days after said last date of
pubiication of said resolution, file with tre City Clerk their protest
against tre improvement as rec,uired by law and ordir�ance of the City,
the Council being of tre opinion that the necessity still. exists for
the improvement of Thilenims Street as proposed in sa id reso luticn,
hereby reaffirms its previous action in aeclaring said improve�ent
necessary.
SECTIGN 3. The Council further finds that all requirements
irnposed by law and ordinance for said improvement have been complied
witr, and that it has thereby acquired authority to order said improve-
ment, and it now hereby orders anu directs that that part of Thileniue
Street in the �ity of Cape Girardeau, �issouri, commencir_g at the east
edge of the existing asphaltic pavem t on Sunset Boulevard and ex-
tendin� east�vardly a distance of � feEt to the west line of
Keller Avenue, be i�proved by grading e same to the established
grade and installing thereon a ne�v crushec! stone base, or stabilizing
the existing gravel ba�e as directed by tre City En�ineer and con-
structing on the base so prepared an asphaltic concrete paver�ent
twenty-five (25) feet wide betvreen existing curbs and gutters and
not less than one and �ne-half ( 1�) inches in trickness in accordance
�ith the plans and specifications for said improvement previously
�
- � .
adopted and on file in the office of the City Clerk with Co�issian
Form Ordinance No. 3�8 , passed and �pproved on the 8th day of Nay,
�925 and v�ith thi$ ordinance.
SECTION 4 . The Caunci.l further orders and directs that said
Rork of improvenent on that part of Thilenius Street above described
be done by contract and that it be done so that it will in all respects
comply with said plans and specifications trerefor, a.nd that tk�e cost
thereof v�ill not exceed the estimate of cost for s aid work prepared
by the City Engineer and on file in the office of tre City Clerk
s.nd heretofore approved by the Council, and that said work of improve-
ment be done in such manner as to comply with the tErms an d �rovisions
of said Commission Form Ordinance No. 3�8 and of this ordinance .
No contract shall be entered intc under authority of this ordinance
that exceeds the estimate of the whole cost of the improvement pre-
viously made by the City Engineer and above referred to. The Council
fnrther finds and declzres that in its judgxnent the condition of the
General Revenue Fund of the City is such that no psrt of the cost of
said i:nprover�ent shall be paid therefrom.
SECTICN 5. `�he City Clerk is hereby autho-rized and directed tQ
advertise for bid� in the aewspaper doing the city printing for the
construction of aaid improvement according to the plans, speci�ications
=�nd estimate of cost therefor, and in accordance v�ith said Cummission
Form Ordinance No . 3c8, and this ordinance, and the Clerk in advertis-
ing for such bids shall advise bidder of the deposit/a:�d bond ree�uired
by law to be given, and shall furtber advise bidder that no contract
will be awar�2ed the succes�ful bidder unless he stipulates in 'r�is
proposal that he ��=ill accept special tax billa to be issued a�ainat
the �roperty abuttin� on �aid improvement in payment therefor, and
that he v�ill in no event hold the city liable for the cost of the
work or any part thereof, and will further upon completion of the v�ork,
pay the CO3t of the en•gineer' s services and any other co�t accruing in
completing his contract.
� SECTIOIT 6. Th� b2ayor of the City is rereby authorized an�
directed to enter into a contract for the City vcith the Contractor
who shall hereafter be awarded the c�ntract for such i�prov2ment in
accor3ance svith the law and ordinance of the city and �aid contract
shall provide that such work of improvement be done in accor. d:�nce
with the said plans , specifications a.nd esti�ate of cost, Ordinance
No . 3�8 and this ordinance.
�ECiION 7 . Vdhen said wor'� of ir�provement has been coml�leted as
herein provided and bas further been approved by the City Engineer
in a written report thereof, and rvhen said report has been approved
and adopted by the City Council the co�t of s.��id work shall be �aid
for with special tax bills issued in favox of the contractor wha did
tY�e work and a�;ainst the lots, tracts and parcel3 of land fronting
or abutting on said improvement along t�e distance mentioned in
proportiun to the number of abutting f�flnt feet of property frontin�
or abuttin�u on said portion of said street so itnproved in accordance
with the law and said Commission �Form Ordinance No. 3�8 and which
said �pecial tax bills shall be delivered to the said contractor.
Said special tax bills shall bear interest from thirty days after
their date at eight (8 � per cent per annum.
SECTION 8. This ordinance shall take effect and be in force
. from and after ten days aftex its passage and approval.
Passed and �pproved this !��_ ��y of June, 1945.
_ � _
ayor
Attest:
��2:���� r--�
city L k