HomeMy WebLinkAboutCommForm.1242.04-24-1950 ar��r • �..-_` � - �
_ � � ,s..�`'"_'�;6
. ,�
� COI��NiISSION FC�Nt Oi��;IidIiNC� iV0.�7!� '
AN ORDINANCE REAFFIi�.I�iI�1G TH� �':C^1?OP1 Or THL CITY COIINCIL IN DECI�RING IT
NECESSARY TO Ih1PF�OV�, F'ROSII7ING FOF TH:� IT�iPi�Ot�i�dT �',ND DIR:�CTING THE CITY
CLERK TO ADVERT:CSE FOn BIVS TO DO THE ��TOitK ON THAT Pt',RT OF H�NDERSON AVII�RIE
FROM THE ffi3� OF THE EXI5TIIdG CONCRETE PAYII�IIdT AT THE 90UTH SIDE OF JEF��SON
AVENUE, SOUTH, A DI a�ANCE OF 600 F Ti T.
BE IT ORDAIN�D BY THL CITY COUNCIL OF TH� CITY OF C�!Pi, GIRARDEtiU,
MIS:;OLiRI, AS FOLLOl�JS:
SE�TION l. That t•he City Council. of the City of Cape Girardeau, Niissouri,
has by resolution in writing, duly adopted at a meetang of the said Council
held on the 27th day of �arch , 195 � , found and declared it
necessary to improve that pa,rt of Henderson Avenue
in the City of Cape Girardeau, from the edge of the exi.sting concrete pavernent
at the south side of Jefferson Avenue, south, a di.stance of 600 feet, b�r grading
to the established grade (from property line to property line), by constructing
thereon a Portland Cement Concrete Pavemealt, six (6) inches thick and thirty
(30) feet wide bet�►een the backs oP curbs, together with integral curbs along
the sides thereof,
the total distance of said improvement to be approximately 600 feet, and
along which property subject to assessmerit for said im.provement totals
approximately 1196 feet. Said resolutiori further provided that said work
of improvement should be done by contract let iri the usual and ordinary way
as provided by law and o-rdinance and t'urthar providecl �hat special tax bills
should be issued in payment of the cost of saicA improvement based on an assess-
ment against the property fronting or abutting on said portion of said street
so improved, as provided bj� law and by Comr.u.ssion F�rm Ordinance No. 32g,
passed and approvea on the 8th da� of T��a;�, 1925, and according to the plans,
specif'ications �,nd estimate of cost therefor rnad�� a�Zd filed ��ri.th the City
Clerk and adopted by the Coi:ncil, and in accordance vri.��h Lhis ordinance.
SECTION 2.. The Council finds and decl_ares that saia resolution has been
published in tl:e Southeast I�iissourian, a dail�r newspaper �rinted and published
in the City of Cape Girardeau, A�iissouri, aazd doing the Ci�y printing for seven
consecutiv� issues, ar.d that more than ten da;�s have elapsed since the last
publication thereof �_n said paper, a.nd that a majority of t�he resident owners
of lands liable for the cost of said imp�ovemen-t at the date of passage of
said resolution axzd who also own a majority of the front feet froni�in� and
abutting on said improvement did not within ten days after said last date of
publication of said resolution, file with the Cit y �lerk their protes�t against
the improvement as required by 1aw and the ordinances of the City. The
Council. being of the opinion that the necessity sti11 exists for the improve-
ment of said Henderson Avenue,
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 imz�rovement have been com.plied with and that it
has thereby acquired authorit�r to order said improver.�ent and it now hereby
orders and directs that that part of Henderson Avenue,
• in the City of Cape Girardeau, Nii.ssouri, commencing at the �dge of the existing
concrete pavemsnt at the south side of Jefferson Aven�e, and extending south
a dist ance oP 600 feet,
be improved by gradir�g to the established grade (from praperty line to property
line) and constructin,g thereon a Portland Cement Concrete Paveinent Bix (6) inches
thick and thirty (30) feet wide bet�en the backs of curbs, together with integral
curbs along the sides thereof,
!r I_ . ) �/'��• f, �,.. _ .�
' .— � , .
c3.1.� lYl c3,CCOY'C�u21C8 Vi"l�l�i ','fi�' p 18.i18 :±l'[7C: S'y��Clll^3�.1011S 10� S3.'�CI .L1;1i�Y'OVE.'Ii:E;21t
previously ado�ted ar.w c,,� ii���� :n �h�: oific� oi' the ::it.y Clerk, with
Co,.,�:ission Forl.� Ord�n�.r_ce :,�o� �?�, p�.��seci atica a��provi;ci on th�.: �th uav of
�.ay, 1925, �nct ti,�iti: ti:is orr't�..na.1c�-y
SECTIUIV 1�. il,e �ouncil. fulthEr ord�rs wizd directs th�.t said work
of itnprovemerit on tl�at __�.r•t of Hendereon Avenue � '� abovc; c:escribed be
done by contract, �,nd tl�at it be r'.o��e so that it will in all resnccts
co<<��:�ly with saic'. nl^ns a:1d s1�eci�ications therefor, and �cr.:�.t the cost
thereof will not exc�ecl the esti:r��.1�e oi cost for saicl work pre-�ared by
the i:ity Ln�ineer �,nd o.� file ir� t11a ofiice of the Ci.ty Clerk and here-
toiore apnroved by the �ouncil, a�ld that saici work of ir::prov�i::�e��t be done
in such r:anner as to com,�ly ��ith the ter:-Ls and provisio..s of. said Co:�rr�iss-
ion l�orm Ordinance ivo. 32� and of this orcRinance. i•:o cozztract shall be
enterecl into under authorit�r o�' this ordinance that exceeds the astii:�ate
oi the whole cost of the im;�rov�r�ent previouslJ% :���.de b�r the �it;,> ��Zgineer
and a�ove referred to. The Counc:il. furth�r finds and declares that in its
judg�ment th� condition o� the ;.reneral 1;,evenuz i�urd of the Citv is such that
no �:�.rt of the cost of saic�. i.i�p:cove�i;ent shall be naid t�7erefror.�.
SLCTIOiv 5. The �ity �:;1er':c is hereb�r authorized a,nd c�ir�cted to
advertise for bids in th� n���rs��.+.��er aoin�- 'the ciL;,r pri.ltirir for the
constructior� oi said ir:.���rover_:erit �ccordin; ��,o +hv nl�ns, s���ecificat�_ons
a:�d estirnate of cost t'rierefol, ar.�. in =�cordanee with said Co:^�r.ission
For�_� Urdinazlc� I�o. 32��, <�i�d tilis o-_•di_ri:�nce, a�ici. ti2e c1_erk in advertisin�
for such bids SI1d.11_ `a+-�V1S� bidd:;r o� th�: c�.�nosit an� bond reruir�d b�T 14w
to be .^iven, �.nd i�u��her adv:�se b:_czder t;�.a` .r�� c:.�t»��ct, wi1l..bc ���sar�fied
the succes�ful bidder unles� he st::i,��;..�.�.i,es irl his r.roT�osal that he ��aill
accept specia]_ ta:� �ills in p:�;,r�_ient trierefor, and tlzat ne wil]_ in no avent hold
the City liable for ii�� cost of th�: work or �n�l p�.rt t'tiez•eof, anc� will
further, u;�on co�1;�l�tion of the work, �a�r the c��r_iriee-r� s services and any
ot�i�r cost accruinn in cor..,��ietin� his contra'ct.
S��,CTIOtu b, Tne :�as�or of the Cit�- i_s hereby authorized and directed
to anter into a c�l:tract for th� Cit7 �th t,he Contr<:�ctor wl.o shall here-
after be �,Uaaraed the contract for such ir_.�rove.�ent i�l accord�.nce �1itr. the
l�,w and ordinances of �IiC; v7_tyr� and saic% contract shall .r,rovide t?�at such
�aork of ir:�?�rov���_ent be don� in uccordance ��rith the said nlans, specii ications,
esti;.�ate o� cost, Or�inarice i;o. 32�, and this ordin�.nce.
:��;i;iIOI'V 'J, :����r. said l�rork of' i��irrovei::ent has be�;n co_>:;�lctec: as herein
n_r•oviclea and h�,s £urther been a.��roved by the �it�,r :�n,�i.��.er in � ti•,rritten
rel�ort th�.r��o:E', anc� ��Y,.e.z said re;�ort has be�:.n a�;�roved anu ado;�t�d u��- ��he
City- �ouncil, �;1}� cost of s�.ic: work shall '�e �aicl for ��itt: s,�eci:�l i;��x bills
issuecl in iavor oi th:; contractor v:rho did the work an� w;,;ainst the lots,
tracts ar:c}. p�,reals of l�nc: iro_:ti��� or abuttin�; on said i��:�r°ovei:ent along
tha distance :.:antion�d iri �ro�o:�tior. to th� nui�'�er of iront feet of property
f�ontin.r; or abuttir.�- on saiu nortio.z of said street so i::,--�rovec: �:nd in acco�d-
ance with the larr arid saic. Co:�i:�ission l�orm J:rdinanc� i:o. 32c and �rnich
said s;-�ecia.l ta:� ��ils shali bc delivered to the said �ontr�ctor. Such
s��ecial ta.x bil�s shall b�a� i�zte_�est fror:� tI11YL�T days ��fte-r their date at
S1X �c5� 7Gl' C 8"1't 178T' clYlllUi:!.
�:�CiI�i,� �. �i���i s oi•ainance shail take ef.f ect and be in force .fro���
a:.ci alter ten �a;rs after itil �ass^�*e an�. a.��roval.
rassed and a�,�proved this �,2.� �lay o`_' C- �t..c..� , i�5 0 /
�
�� .C�.✓ �� ��C�___-�c�
:.ayor
rittes�:
�
i �j `� ,
_. �(�,�� I�'c.`".Ec_,
Ci t�r Clerk