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HomeMy WebLinkAboutORD.2510.04-05-1999n BILL NO. 99-65 ORDINANCE NO. CA, 'Ll 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 TIMBERLAND DRIVE FROM KAGE ROAD TO THE DEAD END; CAPAHA TRAIL FROM THE END OF EXISTING PAVEMENT TO GARDEN LANE; HILL STREET FROM JOHNSON STREET TO THE DEAD END; BEAUDEAN LANE FROM COLLEGE STREET TO SOUTH OF ELM STREET; BEAUDEAN LANE FROM LINDEN STREET TO HICKORY STREET; ENGRAM STREET FROM HIGHLAND DRIVE TO THE DEAD END; TERRY LANE FROM KINGSWAY DRIVE TO JOANNE STREET; AND JOHNSON STREET FROM RAND STREET TO RIVERVIEW DRIVE, KNOWN AS THE 1999 4 INCH ASPHALTIC PAVEMENT PROGRAM OF THE TRANSPORTATION TRUST FUND, 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 Timberland Drive from Kage Road to the dead end for a distance of 376 feet; Capaha Trail from the end of existing pavement to Garden Lane; Hill Street from Johnson street to the dead end for a distance of 560 feet; Beaudean Lane from College Street to South of Elm Street for a distance of 1,260 feet; Beaudean Lane from Linden Street to Hickory Street for a distance of 450 feet; Engram Street from Highland Drive to the dead end for a distance of 800 feet; Terry Lane from Kingsway Drive to Joanne Street for a distance of 590 feet; and Johnson Street from Rand Street to Riverview Drive for a distance of 233 feet, known as the 1999 4 Inch Asphaltic Pavement Program of the Transportation Trust Fund, with hot mix asphaltic concrete, four (4) inches thick and eighteen to twenty (18-20) feet in width, including grading, excavating, rebuilding shoulders, compacting, adjusting manholes and all necessary appurtenances thereto, 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 $10.00 per front foot, shall be borne by the general revenue fund of the City and only $10.00 per front foot, 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 $10.00 per front foot 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 Timberland Drive from Kage Road to the dead end for a distance of 376 feet; Capaha Trail from the end of existing pavement to Garden Lane; Hill Street from Johnson street to the dead end for a distance of 560 feet; Beaudean Lane from College Street to South of Elm Street for a distance of 1,260 feet; Beaudean Lane from Linden Street to Hickory Street for a distance of 450 feet; Engram Street from Highland Drive to the dead end for a distance of 800 feet; Terry Lane from Kingsway Drive to Joanne Street for a distance of 590 feet; and Johnson Street from Rand Street to Riverview Drive for a distance of 233 feet, known as the 1999 4 Inch Asphaltic Pavement Program of the Transportation Trust Fund, in the City of Cape Girardeau, Missouri, with hot mix asphaltic concrete, four (4) inches thick and eighteen to twenty (18-20) feet in width, including grading, excavating, rebuilding shoulders, compacting, adjusting manholes and all necessary appurtenances thereto, 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 - 2 - 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 Timberland Drive from Kage Road to the dead end for a distance of 376 feet; Capaha Trail from the end of existing pavement to Garden Lane; Hill Street from Johnson street to the dead end for a distance of 560 feet; Beaudean Lane from College Street to South of Elm Street for a distance of 1,260 feet; Beaudean Lane from Linden Street to Hickory Street for a distance of 450 feet; Engram Street from Highland Drive to the dead end for a distance of 800 feet; Terry Lane from Kingsway Drive to Joanne Street for a distance of 590 feet; and Johnson Street from Rand Street to Riverview Drive for a distance of 233 feet, known as the 1999 4 Inch Asphaltic Pavement Program of the Transportation Trust Fund, 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 $10.00 per front foot 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 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. - 3 - 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 $10.00 per front foot, 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. J PASSED AND APPROVED THIS'D DAY OF A. Spradling, III, gyor ATTEST: 4Z1141� (�I'Uof Gayl L. Conrad Deputy City Clerk - 4 -