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HomeMy WebLinkAboutCommForm.1264.07-28-1950COMMISSION FORM ORDINANCE NO. L� AN ORDINANCE REAFFIRMING THE ACTION OF THE CITY COUNCIL IN DECLARING IT NECESSARY TO IMPROVE, PROVIDING FOR THE iiMPROV,1011T AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS TO DO THE WORK ON THAT PART OF THEMIS STREET FROM THE EDGE OF THE EXISTING ASPHALT PAM NT AT THE WEST LINE OF SUNSET BOULEVARD TO THE EAST LINE OF CARUTHERS AVENUE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: SECTION 1. That the City Council of the City of Cape Girardeau, Missouri, has by resolution in writing, duly adopted at a meeting of the said Council held on the 22nd day of June , 1950 , found and declared it necessary to improve that part of Themis Street in the City of Cape Girardeau, from the edge of the existing asphalt pave- ment at the west line of Sunset Boulevard to the east line of Caruthers Avenue by grading to the established grade (from property line to property line.) by construction thereon a Portland Cement Concrete Pavement, six (b) inches thick and thirty (30) feet wide between the backs of curbs, together with integral curbs along the sides thereof: the total distance of said improvement to be approximately 603 feet, and along which property subject to assessment for said improvement totals approximately 1186.1 feet. Said resolution further provided that said work of improvement should be done by contract let in the usual and ordinary way as provided by law and ordinance and further provided that special tax bilis should be issued in payment of the cost of said improvement based on an assess- ment against the property fronting or abutting on said portion of said street so improved, as provided by law and by Commission Form Ordinance No. 328, passed and approved on the 8th day of may, 1925, and according to the plans, specifications and estimate of cost therefor made and filed with the City Clerk and adopted by the Council, and in accordance i%dth this ordinance. SECTION 2. The Council finds and declares that said resolution has been published in the Southeast Missourian, a daily newspaper printed and published in the City of Gape Girardeau, kdssouri, and doing the City printing for seven consecutive issues, and that more than ten days have elapsed since the last publication thereof in said paper, and that a majority of the resident owners of lands liable for the cost of said improvement at the date of passage of said resolution and who also own a majority of the front feet fronting and abutting on said improvement did not within ten days after said last date of publication of said resolution, file with the City Clerk their protest against the improvement as required by law and the ordinances of the City. The Council being of the opinion that the necessity still exists for the improve— ment of said Themis 5JV-,ree_71 as proposed in said resolution, hereby reaffirms its previous 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 part of Themis Street in the City of Cape Girardeau, Missouri commencing at the edge of the exist- ing asphalt pavement at the west line of Sunset Boulevard and extending to the east line of Caruthers Avenue be improved by grading to the established grade (from property line to pro- perty line), by construction thereon a Portland Cement Concrete Pavement six (6) inches thick and thirty (30) feet wide between the backs of curbs, together with integral curbs along the sides thereof: all in accordance with the plans and specifications for said improvement previously adopted and on file in the office of the City Clerk, with Co_:a,.ission Form Ordinance No,, 328, passed and approved on the 8th day of 'lay, 1925, and with this ordinance, SECTION 4. The Council further orders and directs that said work of improvement on that -a-art of Themis 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 therefor, and that the cost thereof will not exceed the estimate of cost for said work prepared by the City Engineer and on file in the office of the City Clerk and here- tofore approved by the Council, and that said work of improvement be done in such mariner as to comply with the terns and provisions of said Commiss- ion Form Ordinance ilio. 328 and of this ordinance. No contract shall be entered into under authority of this ordinance that exceeds the estimate of the whole cost of the improvement previously made by the City ;engineer and above referred to. The Council further finds and declares that in its judgment the condition of the General ievenue Fund of the City is such that no part of the cost of said improvement shall be raid therefrom. SECTION 5. The City Clerk is hereby authorized and directed to advertise for bids in the newspaper loinT the city printin for the construction of said imnroverent according to the plans, s:ecifications and estimate of cost therefor, and in accordance =.with said Conmuission Form Ordinance No. 328, and this ordinance, and the clerk in advertising for such bids shall advise bidder of the deposit and bond recuired by law to be given, and further advise bidder that .no contfftct. will -be awarded the successful bidder unless he stipulates is his proposal that he will accept special tax bills in payment 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, upon completion of the work, pay the engineer's services and any other cost accruing in completing his contract. SECTION 6. The 1,ayor of the City is hereby authorized and directed to enter into a contract for the City with the Contractor who shall here- after be awarded the contract for such improvement in accordance with the law and ordinances of the City, and said contract shall provide that such work of irprovanent be done in accordance with the said plans, specifications, estimate of cost, Ordinance <o. 328, and this ordinance. SECTION 7, Ifiben said work of improvement has been completed as herein provided and has further been aa=oved by the City Engineer in a written report thereof, and when said -report has been approved and adopted by the City Council, the cost of said work shall be paid for with special tax bills issued in favor of the contractor who did the work and against the lots, tracts and parcels of land fronting or abutting on said improvement along the distance mentioned in oronortion to the number of front feet of property fronting or abutting on said portion of said street so LnDroved and in accord- ance with the lava and said Cciaiission Form Ordinance To. 328 and which said special tax bills shall be delivered to the said Contractor. Such special tax bills shall bear int e -est from thirty days after their date at six (6) per cent per annum. SECTION 8. This ordinance shall take effect and be in force £rora and after ten days after its passage and approval. r—\ � t Passed and approved this ad day of �z s -ayor �� City Clerk