HomeMy WebLinkAboutCommForm.1316.05-21-1951 . ,� ��`tY� .
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CONiNiISSION FOLtM ORDINANCE N0.
�i1 ORDINANCE REAFFIRNIING THL+' A.CTION OF THi, CITY COUP�CIL IN DDCLEIRING IT
NECESSARY TO L'1PROVE, PROVIDING FOR THE INiPROVI�iE�tT AND DIR�CTING THE CITY - `
CLERK TO �1DVERTISE FOr� BIDS TO DO THE �dOi�K ON THAT Pt'�RT OF KELLER AVENUE
Fr�OM THE NORTH EDGE OF THE EXISTING CONCBETE PAVF�iENT ON INDLPENDENCE STRE,.,�T
TO THE IDGE OF THE EXI52'ING GUTT�R AT THE SOUTH SIDE OF Tf�ZIS STREET IN
THE CITY OF CAPE GIRARDEAU, A4ISSOURI.
BE TT ORDAIN�D BY THL CITY COUNCIL OF THE CITY OF C�`PE GTRARDEi�U,
MIS�;OIk�I, AS FOLLO:�1S:
SECTION l. That the City Council of the City of Cape Girardeau, Niissouri,
has by reso].ution in writing, duly adopted at a meeting of the said Councii
held on the 25t� day of April , 195 1 , found and declared it
necessary to improve that part of Keller Avenue
in the City of Cape Girardeau, from the north ed�e of the existing concrete pave-
ment on Independence Street to the edge of the existing gutter at the south side of
Thernis Stree�, by grading to the established grade to a point twu feet back of
curb, constructing a Portland Cement Concrete Pavement 6 inches thick with 9-inch
thickened center joint, 2l�. feet wide betw�een the backs of curbs except at the
iritersections of Independence, j�ihi.tener and Themi.s Streets, where said pavement
shall be carried out to the property lines of Keller Avenue, together with
integral curb along the sides thereof,
the totaZ distance of said improvement to be appror,imately 63/�feet, and
along which property subject to assessment for said in�provement totals
approximately 1063.5feet. Said resolutiori further provided that said work
of improvement shotal.d be done by contract let in th� usual and ordinary way
as provided by law and ordinance and further provided that special tax bills
should be issued in payment of the cost of said improvement b4sed on an assess-
ment against the property fronting or abutt�.ng on said portion of said street
so improved, as provided by law and by Comr�ission Form Ordinance No. 32g,
passed and approved on the $th day of r�ay, 1925, anc� accord?_Zg to the plans�
specifications and estimate of cost therefor r�ade a�1d filed with the City
Clerk and adopted by the Council, and in accordance v,.�.�th i;his ordinance.
SECTION 2, The Council finds and dec]_ares that said iesoluti.on has been
published in the Southea,st i�iissourian, a daily newspaper printed and published
in the Cit.y o.f Cape Girardeau, I��iissouri, and doing the City printing for seven
consecutive issues, ard that more than ten da;�s ::ave elapsed since the last
publication thereof in said paper, arid that a majority of the resident owners
of lands liable for the cost of said impiovemen�t at the date of passa�e of
said resolution and who also own a majority of the fx°on�, feet fronting and
abutting on said imiprovement did not within ten days after said last date of
publication of said resolution, file with the City �lerk their protest against
the improvement as required by law and the ordinances of the City. The
Council being of the opinion that the necessity sti11 exists for the improve-
ment of said Keller Avenue, from Independence Street to Themis Street,
as proposed in said resolution, hereby reaffirms its previuus action in declar-
ing said improvement necessary.
SECTION 3. The Council further finds that all requirements imposed by
law and ordinance for said improvement have been complied with and that it
has thereby acquired authority to order said improvement and it now hereby
orders and directs that that paxt of Keller Avenue
in the City of Cape Girardeau, NLissouri, commencing at the north edge of the
exi.sting conerete pavement on Independence Street and extending to the edge of
the existing gutter at the south side of Themis Street, be im�oved by grading
to the established grade to a poi.n t t�ro feet back oP curb, constructing a Portland
Cement Concrete Pavement 6 inches thick with 9-inch thickened center joint, 24
feet wide between the backs of curbs except at the �ntersections of Independence,
Whitener and Themis Streets, where said pavement shall be carried out to t he
property lines of Keller Avenue, together Fri.th integral curb along the sides
thereof,
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all in accordance with thc plans and speci.�ications ior said ��.inrovei:.ent
previously adopted and on file in the off ica of the City Clerk, with
Co;:il;�ission Form Ordinance I�o. 3?�, r.�.ssed and approved on the gth day of
r.ay, 1925, �nct i,�ith this ordinance�
SECTIOI� !�. The Council further orders and directs that said work
of ir�provement on th�.t �,art of Keller Avenue � above described be
don� by contract, and that it be done so that it will in all respects
co�ciply with said plans and specifications therefor, and th:lt the cost
thereof will not exceed the estii��ai;e of cost for said work prepared by
thE City ungineer and on file in the office of the City Clerk and here-
to�ore approved by the Council, and that said work of ir_iprover'�ent be done
in such n�anner as to cor,inly �.�itr, the teri��s and provisions of said Cor.�.rr,iss-
ion r'orm Ordinance Ieo. 328 and of this ordinance. A�o contract shall be
entered into under authority or this ordinance that exceeds the 2St7.1'�1c�.t@
oi the whole cost of the iz��rove,�.ent previously rnade by the �ity �ngineer
ancl a'oove referred to. The Council further finds and declares that in its
juclgment the condition o� the General L-�evenue rund of the City is such that
no �a.rt of the cost of said i��Lp.rovenient shall be paid t;ierefror.i.
SECTION 5. T�ie ;;ity �:,lerlc is hereby autnorized and directed to
a�vertise for bids in the newspaner cloin.<�• the ciL f printinr for the
construction oi" said iniT�rover_�ent accordin�; to the plans, s��ecifications
and estir�iate of cost tl-ierefor, and. in accordanee taith said Corrr:ission
Forr�i Urdinance P3o. 320, and �this o�dinance, and_ the clerk in advertising
for such bids shall �.dvise bidder of the deposit and bond reruir�d bv law
to be •^�iven, a.nd furtt�er advise bidder tilat .zio ec�nti^�ct. wi:ll..bc: �arr�rded
the successful bidder luZless he stipulates it� his nron�sal that he wi11
accept special tax �ills in pu�n:ient therefor, and that he will in no event hold
the City liable for the cost of the work or any part• thereof, and will
further, u;�on cor:il�letion of the work, �ay the en�ineer' s services and ar�y
other cost aceruing in cor.pleting his contract.
S��C'I'IOTu 6. The i.ayor of the Cit�T is hereby authorizecl and directed
to enter into a cor.�Lract for the Cit� wi.th the Contracto-r �,�ho shall here-
aiter be awarded the contract for such im;�rove;�ent in accordance ti,rith the
law a�d ordinances of the City, and sai.cz contract shall nrovide that such
work of iniprovei�ient be done in accordanee with the said nlans, specifications,
esti�:�ate of cost, Ordinance i�o. 32�, and this ordinance.
:��CTION 7. rdhen s�.id l�rork of improver.:ent has bcen co��pletecl as herein
�rovided and has furth�r beer. a-,_�roved by the City ::n?inaer in a tiaritten
re�ort thereof, anc? when said re;�ort has be�n a��roved anc� adopted b�r the
City �ouncil, the cost of s�.id work shall be paid for with s;�ecial �:�.x bills
issued in favor o:c th� contractor who did the work �:,nd �`;ai.nst the lots,
tracts and pa.rcels of lanc: iror�ti-r��; or abuttin�; on said i��:�rovei�.ent along
the distance �:�entionec? iri �rono��tion to the nw�'oer of front feet of property
f-ronting or abuttin� on said �rLioLz of said street so i::�-�roveci �:nd in acco�d-
ance with the lai-T and saic; Co..u_iission lorrn Jrdii:ance i:o. 32� a.nd which
said special ta<. '�ills shali be delivered to the said �ontr�ctor. Such
special t� bills shall bcar inte��est fro:,� thirty days �_fter their date at
six (6) �er c ent per annur:.
�:�CiIGT� �'. lhis ordinance shall take efiect a.n�i b� in force frolr�
a::d aiter ten da,Ts after its �assa�e anc� apnroval.
''� ��'i..t.c. 195�/
Fassed and approved this c� � _ day of < ,
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� � �.ayor
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_.iM�' � City Clerk