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HomeMy WebLinkAboutORD.2783.08-21-2000BILL NO. 2000-196 ORDINANCE NO. a2Z 3 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 TIMON WAY FROM BIG BEND ROAD TO DUMAIS DRIVE; DEPAUL LANE FROM COUNTRY CLUB DRIVE TO DRIVEWAY; DONNA LANE FROM TIMON WAY TO THE DEAD END; NORTH LORIMIER STREET FROM MILL STREET TO PEARL STREET; PEARL STREET FROM NORTH LORIMIER STREET TO FOUNTAIN STREET; HUNTERS LANE FROM BOULDER CREST DRIVE TO THE DEAD END; COLLINS STREET FROM MT. AUBURN ROAD TO HUNZE DRIVE; HUNZE DRIVE FROM HOPPER ROAD TO COLLINS STREET; AND HILL STREET (RIVERVIEW DRIVE) FROM RAND STREET TO JOHNSON STREET, KNOWN AS THE 2000-1 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 June 19, 2000, found and declared it to be necessary to improve that part of Timon Way From Big Bend Road To Dumais Drive for a distance of 1,768 feet; Depaul Lane From Country Club Drive To Driveway for a distance of 275 feet; Donna Lane From Timon Way To The Dead End for a distance of 220 feet; North Lorimier Street From Mill Street To Pearl Street for a distance of 390 feet; Pearl Street From North Lorimier Street To Fountain Street for a distance of 405 feet; Hunters Lane From Boulder Crest Drive To The Dead End for a distance of 1,638 feet; Collins Street From Mt. Auburn Road To Hunze Drive for a distance of 538 feet; Hunze Drive From Hopper Road To Collins Street for a distance of 520 feet; and Hill Street (Riverview Drive) From Rand Street To Johnson Street for a distance of 300 feet, known as The 2000-1 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 seventeen to twenty (17-20) 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 which have been filed with the City Clerk. 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, plus all land acquisition costs, shall be borne by the general revenue fund of the City and only $10.00 per front foot, plus all land acquisition costs, 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, plus all land acquisition costs, 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 Timon Way From Big Bend Road To Dumais Drive for a distance of 1,768 feet; Depaul Lane From Country Club Drive To Driveway for a distance of 275 feet; Donna Lane From Timon Way To The Dead End for a distance of 220 feet; North Lorimier Street From Mill Street To Pearl Street for a distance of 390 feet; Pearl Street From North Lorimier Street To Fountain Street for a distance of 405 feet; Hunters Lane From Boulder Crest Drive To The Dead End for a distance of 1,638 feet; Collins Street From Mt. Auburn Road To Hunze Drive for a distance of 538 feet; Hunze Drive From Hopper Road To Collins Street for a distance of 520 feet; and Hill Street (Riverview Drive) From Rand Street To Johnson Street for a distance of 300 feet, known as The 2000-1 4 Inch Asphaltic Pavement Program Of The Transportation Trust Fund, be improved by constructing thereon hot mix asphaltic concrete, four (4) inches thick and seventeen to twenty (17-20) 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 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 - 2 - works project in Missouri Annual Wage Rate No. 7, June 21, 2000. 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. 7, June 21, 2000, 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 Timon Way From Big Bend Road To Dumais Drive for a distance of 1,768 feet; Depaul Lane From Country Club Drive To Driveway for a distance of 275 feet; Donna Lane From Timon Way To The Dead End for a distance of 220 feet; North Lorimier Street From Mill Street To Pearl Street for a distance of 390 feet; Pearl Street From North Lorimier Street To Fountain Street for a distance of 405 feet; Hunters Lane From Boulder Crest Drive To The Dead End for a distance of 1,638 feet; Collins Street From Mt. Auburn Road To Hunze Drive for a distance of 538 feet; Hunze Drive From Hopper Road To Collins Street for a distance of 520 feet; and Hill Street (Riverview Drive) From Rand Street To Johnson Street for a distance of 300 feet, known as The 2000-1 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 plus all land acquisition costs 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 - 3 - 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 $10.00 per front foot, plus all land acquisition costs, 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 six and four hundred sixty-five one thousandths per cent (6.465%) 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 01/5+ DAY OF , 20 66 . ATTEST: 'lam Gayle L. Conrad City Clerk A. - 4 - Spradling, III,_ Moor d i