HomeMy WebLinkAboutORD.2509.04-05-1999ORDINANCE NO. U1�
AN ORDINANCE REAFFIRMING THE ACTION OF THE
CITY COUNCIL DECLARING IT NECESSARY TO
IMPROVE, PROVIDING FOR THE IMPROVEMENT,
DIRECTING THE CITY MANAGER TO ENTER INTO A
CONTRACT TO DO THE WORK, AND PROVIDING FOR THE
MANNER OF PAYMENT OF THE WORK, OF KENT STREET,
FROM THE TERMINATION OF EXISTING PAVEMENT IN
WOODLAND HILLS SUBDIVISION TO LEXINGTON
AVENUE, APPROXIMATELY 450 FEET, IN THE CITY OF
CAPE GIRARDEAU, MISSOURI
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE 1. That the City Council of the City of Cape
Girardeau, Missouri, has by ordinance in writing duly adopted at a
regular meeting of said Council held on February 1, 1999, found and
declared it to be necessary to improve that part of Kent Street,
from the termination of existing pavement in Woodland Hills
Subdivision to Lexington Avenue, for a distance of approximately
450 feet, by grading to the established grade and constructing
thereon a Portland Cement Concrete Pavement, six (6) inches thick
and thirty (30) feet in width between the back of upright curbs,
all as shown on the plans and specifications for said improvement.
Said ordinance further provided that the said work of the
improvement should be done by contract as provided by law and
ordinance and further provided that the cost of the proposed work
shall be charged to the abutting property by the issuance of
special tax bills. Any cost in excess of Forty -Six Thousand
Dollars ($46,000.00) or one-half (1/2) of the total construction
costs, whichever is less, shall be borne by the General Revenue
fund of the City, and only the lesser of these amounts shall be
charged against the abutting property, all in accordance with
Chapter 88, RSMo, and such ordinances as may be hereafter enacted
to carry out said work. This Forty -Six Thousand Dollars
($46,000.00) or one-half (1/2) of the total construction costs,
whichever is less, total amount, is hereby established as the
maximum assessment to be used for this improvement.
ARTICLE 2. That the Council finds and declares that the
ordinance has been published in the Southeast Missourian, a daily
newspaper printed and published in the City of Cape Girardeau,
Missouri, for seven (7) consecutive issues, and that a majority of
the resident property owners of the lands that would be liable for
the costs of the improvements at the date of the passage of the
Ordinance, who own a majority of the front feet owned by residents
of the City of Cape Girardeau abutting on the part of the street
proposed to be improved, have not within ten (10) days after the
date of the last publication of the Ordinance filed with the City
Clerk their protest against such improvements.
ARTICLE 3. That the Council further finds that all
requirements imposed by law and ordinance for the improvements have
been complied with and that it thereby acquired authority to order
the improvement and now hereby orders and directs that part of Kent
Street, from the termination of existing pavement in Woodland Hills
Subdivision to Lexington Avenue, for a distance of approximately
450 feet, be improved by constructing thereon a Portland Cement
Concrete Pavement, six (6) inches thick and thirty (30) feet in
width between the back of upright curbs, all in accordance with the
plans and specifications for the improvement previously adopted and
on file in the Office of the City Clerk, which are hereby adopted
for said improvement.
ARTICLE 4. That the Prevailing Hourly Wage Rate is determined
by the Department of Labor and Industrial Relations for the public
works project in Missouri Annual Wage Rate No. 5, April 6, 1998, as
amended. The City of Cape Girardeau is authorized to contract for
this public works project with a contractor who will pay his
workmen the prevailing hourly rate of wages for each type of
workman as determined in Missouri Annual Wage Rate No. 5, April 6,
1998, as amended, who will agree to comply with all provisions of
the Prevailing Wage Law, and who is not prohibited by the
provisions of the Prevailing Wage Law from contracting with the
City on a public works project. That prior to final payment to be
made to the Contractor, the City of Cape Girardeau will require
that the Contractor file an affidavit stating that the contractor
and all his subcontractors have fully complied with the provisions
and requirements of the Prevailing Wage Law.
ARTICLE 5. The Council further orders and directs that the
work of improvement of that part of Kent Street, from the
termination of existing pavement in Woodland Hills Subdivision to
Lexington Avenue, for a distance of approximately 450 feet, be done
by contract, and that it be done so that it will in all respects
comply with the 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 heretofore approved by the Council, except such items of
work necessary to the proper construction of the improvements and
unforeseen and not included in the estimate of cost, and said work
of improvement shall be done in such manner as to comply with all
applicable statutes and ordinances. The contract entered into
shall not be in excess of the estimates of the whole cost of the
improvement previously made by the City Engineer and above referred
to. The Council further finds and declares that the condition of
the general revenue fund of the City is such that the portion of
the cost of the work in excess of Forty -Six Thousand Dollars
($46,000.00) or one-half (1/2) of the total construction costs,
whichever is less, shall ultimately be paid therefrom.
ARTICLE 6. That the work to be done under this ordinance
shall be done under the supervision of the City Engineer. The work
to be done shall be done by contract let by the City of Cape
Girardeau, Missouri, to the lowest and best bidder therefor within
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the City Engineer's estimate of the costs, after advertisement for
bids for said work to be done shall have been published by at least
seven (7) consecutive insertions in a daily newspaper in the City
of Cape Girardeau, Missouri. The City reserves the right to reject
any or all bids.
ARTICLE 7. That the successful bidder for said work shall
enter into a contract with the City of Cape Girardeau, Missouri,
after the same is awarded and give bond with good and sufficient
sureties for the faithful performance thereof in a sum at least
equal to the contract price.
ARTICLE 8. The contract shall provide that the payment to the
Contractor shall be made from the general revenue fund of the City
with monthly estimates to be paid to the contractor for work
completed, less ten per cent (10%) retainage. Final payment is to
be made within ten (10) days of final acceptance of the work by the
City. When the work of improvement has been completed as herein
provided and has further been approved by the City Engineer in a
written report thereof, and when said report has been approved and
adopted by the City Council, and the cost of the work shall
initially have been paid for by the City, special tax bills in an
amount not to exceed the total sum of Forty -Six Thousand Dollars
($46,000.00) or one-half (1/2) of the total construction cost,
whichever is less, shall be issued in favor of the City of Cape
Girardeau and against the lots, tracts and parcels of land fronting
and abutting on said improvement along the distance mentioned, in
proportion to the number of front feet fronting or abutting on said
portion of the street so improved and in accordance with the law,
and which said special tax bills shall be delivered to the City of
Cape Girardeau. Such special tax bills shall bear interest from
sixty (60) days after their date at four and nine hundred thirteen
one thousandths per cent (4.913%) per annum.
ARTICLE 9. This ordinance shall take effect and be in force
from and after ten days after its passage and approval.
PASSED AND APPROVED THIS DAY OF
A. M. Spradling, III, Mayo
ATTEST: l
_A'1,11�7q &I "ad
Gayle('L. Conrad
Deputy City Clerk
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