HomeMy WebLinkAboutCommForm.1044.05-28-1946 - -' � —
� �' � CO�1iVIIaSION i�'O1�I QRDIT�'i"iI`C�;� I`�0 . / O
� � / �N O�iDIN�NCL REAFFIRu�Ii1G LH� ACT I ON 0� T�i;: C 1 i� t;CUA�V 1�J
�
�� IN DE�L��ING IT NECEaSARY TO I�4�P-�OVE� :ROVIDI��;G �,OR ThE
II�Zi�ROVEi::FNT AI�;D DIRECTIItiG THE Ci,EFi.K �0 I�DVL''i1iI�;E H�'OT-�
BI�S TO DO �HF� 'O;:iK UN TH��T P,=.�-iT C��+� C�U�IIvT STRt� T FRO%�
T��E EDGE OF THE EXI:>TIi'v`G GU'�iER NE.=� TrIE ;�ul�'�T JII�TE Or
HENDER:�CN STRE�T `�0 THE EA�1 �DGE OF T'riE EXI�:Tl.��TG C�1�T-
CR�::i� PAV_-:.�iti1 AT '�u'E�;T ETiD BOUL"VARD BY aTABILIZIN� t�R
R'�:PLACI�vG THE EXISTII'�iG BA�E. AT�TD CJIv�TRUCTI. G AiV �irrIALTIC
CO?VC�jETE PaVE;::�P�?T BET':'��irN �XI.�TIIvG GUT'li',:�5 1-1/2 INCHZS
IN TKICKNJ�,:;.
Bi� I� ORD�INLD BY THE CITY COUNCIL OF TH'J CITY v^F C1��a�' GIRxRDr��U,
iuIS�OURI ,c�:� FOLLO�dS:
SECTION 1. That the C-�ty Co�ancil af the Citv of Ca�e Girardeau,
i�ii:�souri , ��as by resolu-�' on in writing, du�y ado�ted at a me�ting of sa.id
Council held on the �..� _�day of A?�ril� 1.940, found and dEclared it to be
necessary to imj�rove that �axt of Cousin St�eet in the City of Cape Gir-
ardeau, �v�i.�so�ari, from the west edge of the existing gutters near the
west line of Henderson Strert westti��ardly a dist�nce of approximately
651.6 feet to the east ed�e of the existing cnr�crete pavement a_t :�iest
End Boulevard by stabiliz:ing the existing base, using either of the t�vo
methods specified in the standard s�ecifications for stabilization of
soils for 1945, or by removal of the existing gr�.vel base to a depth of
4 inches below the bottom of the �roposed as�haltic concrete p�.vernent,
and construction of a ne�r mac�_dam base, and constructing and applying u�on
the bU.se so prepared� by either of such alte.rnate �.�,ethods , an as.�haltic
concrete n�,vemlent betT�+reen existing g�.ztters . exceot at the intersection of
Cousin :�tre==t ttiri th Park Avenue , at which point the improvement is to be
carri�d out to the �roperty line not less than 1-1/2 inches in thic�tness
after co_�paction. Said �ave,nent and all of the work to be done in ac-
cordance j��Tith the plans and s�ec�ficati_ons nova on file in the oificeof
the �ity Clerk, �.nd a�o.r-�ved by the C�ty Council on the � ;lay of �Iarch,
1946. -
S��;CTI �'N 2. That tr:e Cit,y Council further finds �nd dec'l�,r�s that
said �.esol�ztion has been pubJ ished in the "Southeast T�issourian," a ne��vs-
paper printed and nublished in the Cit.y of Ca�e �irardeau� Tiisso�ari . for
.��,ve:rx cc�r,: c-�t :ve issu: s � and th��t; more t'r�an ten dayys have e1a��se�� since
the last ^ublication ti�ier�of in said paper, and that a majority of the
resident owners of the la.nds lia.ble for the cost of said im�rovement at
the d�.te af pa.ssage of said Resolution, and who a.lso own a majorit,y of
�he front feet fronti.ng and abutting on said improvement, did not w:ith-
in ten da..ys after the last public�tion of said Resolution file �n.Tith the
City Clerk their protest again.t the im�rovement as requ�red by law and
the ordinances of the City. The Council being of the opin�.on that the
necessity still ex�sts for the imoro�Tement proposed in said Resol��ticn;
hereby reaffir:�s its ��r_-v��u:� a.c��.on i_n �.eclarin� �- _�t s,�id i���x•ov���ent
is necessary. ,
�:ECTI�Iv 3 . The City Council furt'ric.r fin�_�s th�t all require�:ents im-
posed by lav�• a.nd all ardinances and arnend�nents thereto ;eroviding for said
improve�:nent have been com}�lied �r.�ith, and th�t they have thereby acquired
authority to order s�id im�rove�nent. The City Council dof�s hereby or�.er
a.nd direct that th�.t part of Cous�n Street fIDom the west edge of the exist-
ing guttPrs near the west line af Henderson Stre�Jt west�ti�.rdly a distance
of approximately o51.6 feet to the east edge of the existing concrete pave-
�nent on 't'dest End Bouleva_rd be im:�roved by stabilizing the existing base,
using eit'rier of two methods s ecified in the standard sneczfications for
�tabilization of soils for 19�5, or by remova.ble of the e�ictin� gravel
b�se to � ��er�h of 4 inches bclo�i�r �Y�e botto.m of the propos�d a.spnaltic
concrete �ave�nent, and construction of a nev�r niacada.:n base , and constructing
and a-pplying ��pon the base so prepared by either of such alternate methods
an as�haltic concrete pavement bet�+Teen existing gutter� , exc��t at the in-
tersection of said Co�asin ��treet �r�ith Park �ver.ue, �t w�:ich point the im-
�rovement is to be c�rried out to the nroperty line not less than 1-1/2
inches in thickness after com:�actzon. All of said work and improvement.
as aforesaid, s�iall be done in accordance with the plans and snecifications
_ , _ , ,
. ._�,.: r. . �; ,.-, :: . . .:»_ ._..�:r��,�e�:�, :_�� �.r:-.:�..��.�:�:�. ��_.. , - . �; �.�.. , . _ . .
fcr said im;�rovement �repared by the City �ngineer , wh;_ch plans and speci-
fic:�tions were �do�ted a.nd filed in the office of the Cit,y Clerk on the
!�� day of March, 1946, and in accordance v��T�th Co�mission r�orm Ordin��1ce
No. 328 passed and approved on the 8th day of iJiay, 19�5� a.nd in accorcTance
v�ith the laws of the State of T�i souri, and �^�;ith the r�rovisions of this
�rdinance.
S�CTI -Pd 4. The City Council furzher orders and directs thut a11 vJork
necessary for the construct�on of said imnrovement shalll� done in such
a manner that it ?^�i11 in all res,�ects comr.�iy -^,�ith said plans � pla.t and
specifications the �efor, and that the cost thereof will not exceed the
esti.��te of the cost for said �.�roZ'k �repared by the �ity }�n�ineer, and
on file i.n the office of the City Cler�i� and heretofore appoved by the
Cit,y Council a.s aforesaid, and that said i_:�;�rovement shall be done in
such manner as to comply °�ith the terms and ��rovisions of sa.id Commis-
sion Form Ordinance No. 328 , a general ordinance concerning street im-
��rovemerts and ��endm�nts thereto , Gnd ��ryth the ��rovi�=i�::s o� �i�..s �rdi-
nance , and the la����s of the State of ��Ii:�so�.ari. 1he City Council further
orders and directs that no contr�..ct shall be entered into under authority
of this ordipance that ex_ceeds the estimate of the whole cost of the im-
prove�tient, �reviously made by thc� Cit� Engineer , a.nd above referred �.
S�CTION 5. The Cit,y Council further finds and declares t;riGt in its
judgment the conditi�n of the general revenue fund of the City is such
th�t no p�rt of �he cost of said im�rovement shall be paid t:�erefrom.
SECTION E. The City Clerk is hereby authorized and dir�cted �o ad-
sertise for b:�ds in the manner nrovided by law, .for the constructi�n of
said im��rove�r��nt in accord�.nce with the �lans , spec_ificat `_ons and esti-
:;�at� of the cost therefor, and in accordance `�rith said Com:nission Form
Ordinance No. 328, a. gener^1 ordinance conc�,rning street improve~�nts .
arAd tr:�_s Ordin�nce. The �lerk in advertising for bids shall advise all
bidders of the deposit and bond requied by l�w to be given, and shall
f,�rther advise a11 bidders that no contract Trri11 be a��varded the success-
ful bidder unless he st?pula�-es in his �?^oposal th�:t he �^aill accept special
ta.x bills a.t p^r to be issued a.ga�nst the property fronting and abutting
on said im��rovement. in p�yment of the contra_ct nrice. Said bidders shall
<�1sc �e �..dvised t'�at tax bills shall include all costs incident to en�i-
neeri��g, ins��ection, �repar�.t�_on of p1��ns and estiMate, final a��ortion-
���°�` �Pn+ �f �� _t.r �rd tax bills � �nd �11 miscellaneo�_�.s i�em�c . _�:d �k�ie s�_zccE�.�;_
ful bi��ier sha�l� unon the compietion of said wor� �a,y to the �ity che
aforesaid engineering �nd ins�ection cost, cost of preparing ?�la.ns and
esti�n��te, final ap?�ortionment of cost, :�nd cost of tax bills � and the cost
of all miscell�neolxs items , S aid bidders shall a.lso be informed and ad-
vised that no contr�.ct will be a����rded the s,lcce��sful bidder unless he
further sti�ulates �h�t he will in no e�.Jent n,�ld the Eity liable for the
cost of such ���ork, or any ����xt thereof.
S�CTIOPT �. The I,�ayor of the City zs hereby authorized and directed
to enter into a contr�ct for and on behalf of the City ��rith the Contr-:ctor,
who shall hereafter be a.v,Tarded thc contra_ct for said im��rovement in �.ccord-
ance ?,�ith the law and ordin�nces of the City. The contract shall �orovide
t�.at the �,�Tork and im�rove:nent sha11 be done in accordance ?F:iith the plans
and s�ecifications , estim^te of cost, Comr:ission Form Ordinanc� No. 328�
a genPral ordinance governing stre�t im?�rovez�ents , and all a.mendMents there- �
to . and this ordin�.nce. The contr2ct shall further provide that said Con-
tractor shall give a bond as required by l��v. It shall also provide that
the Contr�c�or v�rill accept special tax bills at nar to be issued against
the property fronting and abutting on said improver�ent in payment of the
ccntr��.ct r�rice, and that ���on the complet.lorl of said T,vork, the engineering
a.nd ins�ection costs , and o'th�r mf.scellaneous items, including the cost of
printing tax bi�ls, etc . , sha?1 b�� p�,id by tl�:� C����r-�c+��� to th� Cit,y i.n
oruer• to reimburse the City for such costs .
SECTiCV 8 . �Vhen said �raork and im�rove,�ert h��s �eei: con,����ed L�s
herein provided, and h�a.s been �.riproved by th� City �ngir�eer in a written
re�ort th�reof, and u��hen said re�ort has been a?�proved and adopted by the
City �c�uncil� and the entire irn�rove�ent has been acce�ted by the City
Council� special tax bills shall be issued in f�vor of the Contractor v�ho
did the v�ork, a.nd against the lots and parcels of land frontir.g and abut-
ti?�g on said imnrovement. Said special tax bills sha11 bE issued in ac-
cordance ���ith the statut��s of the State of i��issouri, and Commi��sion rorm
Grdinance iv� . ,�2u , and �mendments �l�ereto , �rid t'r�is Ci,'ir�;:nc�:, <:.r1d s��i�
s�ecial tax bills sha11 be delivered to the Contractol .
S�CTION �. T' is Ordinance sr�a�l tal�e eff�ct and b�: ir: r orce �r����z
and after the ext�irution of ten days fror� the d�.te cf the final passage
thereof.
:���C1ION 10. All ord�nances �nd r�arts of ordin�nces in cc�rflict
��rith the prov_Lsions hereof are r:,�y� re:�ee�led.
Pa s sed and a�,�proved thi s�� � da.y of P��ay� 7_�46.
- IvL�Y GR ♦ �
Attest:
City Cler �
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