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HomeMy WebLinkAboutOrd.2272.11-03-1997BILL NO. 97-242 ORDINANCE NO. G �C 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 MAKING CERTAIN SEWER IMPROVEMENTS IN CAPE COMMERCIAL PARK SUBDIVISION, LATERAL SEWER DISTRICT NO. 14-1-C-2, 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, a resolution in writing duly adopted at a regular meeting of said Council held on September 15, 1997, found and declared it to be necessary to make certain sewer improvements in Cape Commercial Park Subdivision, Lateral Sewer District No. 14- 1-C-2, including the construction of a sanitary sewer eight (8) inches in diameter along with manholes, wyes, pavement restoration and other necessary appurtenances to serve said subdivision. After obtaining the agreement of the property owners involved, the boundaries of Lateral Sewer District No. 14-1-C-2 were amended on November 3, 1997, and 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, not to exceed $0.6985 per square foot shall be charged against the lots and tracts of land embraced by the plans and specifications for the construction of said system of sanitary sewers in Lateral Sewer district No. 14- 1-C-2 in and for which said sewer system shall have been constructed in the proportion which the respective areas of said lots or tracts of land bear to the area of the whole district, exclusive of public highways, streets, alleys and public property, by the issuance of special tax bills and the balance shall be charged to the City and any cost in excess of $0.6985 per square foot shall be borne by the general revenue fund of the City and only $0.6985 per square foot shall be charged against said property, all in accordance with Chapter 88, RSMo 1978, and such ordinances as may be hereafter enacted to carry out said work. ARTICLE 2. That the Council finds and declares that the resolutions have been published in the Southeast Missourian, a daily newspaper printed and published in the City of Cape Girardeau, Missouri, for seven (7) consecutive issues. 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 deems and declares it necessary to make certain sewer improvements in Cape Commercial Park Subdivision, Lateral Sewer District No. 14-1-C-2, in order that the sanitary conditions existing in said territory may be improved, including the construction of a sanitary sewer eight (8) inches in diameter along with manholes, wyes, pavement restoration and other necessary appurtenances to serve said subdivision, all in accordance with the plans and specifications for the improvement hereby adopted and on file in the Office of the City Clerk, which are hereby adopted for said improvement, and it hereby further finds and declares that all of the land lying within the said Lateral Sewer District No. 14-1-C-2 as described in the plans, specifications and estimate of cost prepared by the City Engineer and previously submitted to the Council, will, exclusive of public highways, streets and alleys not designated by said plans, specifications and estimate of cost as benefitted thereby, be benef itted by the construction of such sewers as hereafter provided for in Lateral Sewer District No. 14-1-C-2. 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. 4, April 7, 1997, or whichever Missouri Annual Wage Rate is current at the time the project is advertised for bids. 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. 4, April 7, 1997, 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 making certain sewer improvements in Cape Commercial Park Subdivision, Lateral Sewer District No. 14-1-C-2, including the construction of a sanitary sewer eight (8) inches in diameter along with manholes, wyes, pavement restoration and other necessary appurtenances to serve said subdivision, 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 - 2 - 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 $0.6985 per square 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. 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 $0.6985 per square foot shall be issued in favor of the City of Cape Girardeau against the lots and tracts of land embraced by the plans and specifications for the construction of said system of sanitary sewers in Lateral Sewer district No. 14- 1-0-2 in and for which said sewer system shall have been constructed in the proportion which the respective areas of said lots or tracts of land bear to the area of the whole district, exclusive of public highways, streets, alleys and public property, 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 two hundred five one thousandths per cent (6.205%) per annum. ARTICLE 9. Pursuant to Section 3.15 of the Charter of the City of Cape Girardeau, Missouri, this measure is adopted as an emergency measure as it constitutes a Bill concerning the immediate preservation of public peace, property, health, safety or morals. Accordingly, this ordinance will take effect immediately upon its passage and approval. - 3 - PASSED AND APPROVED THIS DAY OFAh4/�t/i , 19. A. 1k. Spradling, II Mayor ATTEST: Gayle L. Conrad Deputy City Clerk - 4 -