HomeMy WebLinkAboutOrd.1485.02-23-1994BILL NO. 94-26 ORDINANCE NO. l&'�-
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, PROVIDING FOR THE
PAYMENT OF THE WORK, AND PROVIDING FOR THE
ISSUANCE OF SPECIAL TAX BILLS IN AN AMOUNT NOT
TO EXCEED $17.00 PER FRONT FOOT IN PAYMENT OF
THE COST OF SAME ON QUINCE STREET FROM
EDGEWOOD ROAD EAST TO ITS TERMINATION A
DISTANCE OF 480 FEET; WITH THE BALANCE TO BE
PAID FROM GENERAL REVENUE FUNDS, 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 resolution in writing duly adopted at
a regular meeting of said Council held on October 5, 1992, found
and declared it to be necessary to improve that part of Quince
Street from Edgewood Road East to its termination for a distance of
480 feet, by constructing thereon an Asphaltic concrete pavement,
three (3) inches thick and twenty-two (22) feet in width, together
with necessary pipe and ditch improvements for storm water removal,
all as shown on the plans and specifications for said improvement,
the total distance of said improvement to be approximately 480
feet, and along with property subject to assessment for said
improvement totals approximately 862 feet. Said resolution 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, not to exceed $17.00 per front foot
shall be charged to the abutting property by the issuance of
special tax bills and the balance shall be charged to the City and
any cost in excess of $17.00 per front foot shall be borne by the
general revenue fund of the City and only $17.00 per front foot
shall be charged against the abutting 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
resolution 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 anyone
desiring to appear before the Council and be heard on the question
of the necessity of the work to be done was allowed to do so and
that the Council has, by Resolution, stated the result of the
hearing to be a reaffirmation of the necessity of the improvement
of Quince Street, as proposed in the Resolution of Necessity.
ARTICLE 3. That the Council further finds that all
requirements imposed by law and ordinance for the improvement have
been complied with and that it thereby acquired authority to order
the improvement and now hereby orders and directs that part of
Quince Street from Edgewood Road East to its termination for a
distance of 480 feet, be improved by constructing thereon an
Asphaltic concrete pavement, three (3) inches thick and twenty-two
(22) feet in width, together with necessary pipe and ditch
improvements for storm water removal all in accordance with the
plans and specifications for the improvement previously adopted and
on file in the Office of the City Clerk, in accordance with Chapter
88, RSMo 1978, and this ordinance.
ARTICLE 4. That the Prevailing Hourly Wage Rate is determined
by the Department of Labor and Industrial Relations for the public
works project in Wage Determination No. 93-016-0069. 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 Wage
Determination No. 93-016-0069, 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 Quince Street from Ed_g_ewood
Road East to its termination for a distance of 480 feet, above
described, 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
$17.00 per front foot shall ultimately be paid therefrom.
ARTICLE 6. The City Manager of the City of Cape Girardeau is
hereby authorized and directed to enter into a contract for the
City with Apex Paving, Inc., for such improvement in accordance
with the law and ordinances of the City, said contract shall
provide that such work of improvement shall be done in accordance
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with the plans, specifications, estimate of cost, and this
ordinance.
ARTICLE 7. 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 (100) 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 $17.00 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 five
and sixty-nine one hundredths per cent (5.69%) per annum.
ARTICLE 8. 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�► 192.
rancis E. Rhodes, Mayor
ATTEST:
C_Awb 4-1 dl"�Iad
Gay" -ie 1. Conrad
Deputy City Clerk
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