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HomeMy WebLinkAboutOrd.1112.11-18-1991BILL NO. 91-244 ORDINANCE NO. 111-21- AN 112 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 $25.00 PER FRONT FOOT IN PAYMENT OF THE COST OF SAME ON LEXINGTON AVENUE FROM MISSOURI ROUTE W, NORTHERLY AND EASTERLY 2,458.74 FEET TO 242.72 FEET WEST OF FLAD AVENUE; 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 September 4, 1990, found and declared it to be necessary to improve that part of Lexington Avenue from a point 338.74 feet East of the centerline of Missouri Route W, extending Northerly and Easterly 2,458.74 feet to a point 242.71 feet West of Flad Avenue, being the West end of the Lexington Phase lA project, by constructing thereon an Asphaltic Concrete Pavement Surface, nine inches thick and forty-four feet in width between the backs of combined concrete curbs and gutters, all as shown on the plans and specifications for said improvement, the total distance of said improvement to be approximately 2,458.74 feet, and along with property subject to assessment for said improvement totals approximately 3,942.66 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 $25.00 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 $25.00 per front foot shall be borne by the general revenue fund of the City and only $25.00 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 Lexington Avenue, 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 that part of Lexington Avenue from a point 338.74 feet East of the centerline of Missouri Route W, extending Northerly and Easterly 2,458.74 feet to a point 242.71 feet West of Flad Avenue, being the West end of the Lexington Phase lA project, be improved by constructing thereon an Asphaltic Concrete Pavement Surface, nine inches thick and forty- four feet in width between the backs of combined concrete curbs and gutters, 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. 90-016-0041. 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. 90-016-0041, 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 Lexington Avenue from a point 338.74 feet East of the centerline of Missouri Route W, extending Northerly and Easterly 2,458.74 feet to a point 242.71 feet West of Flad Avenue, 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 - 2 - of the City is such that the portion of the cost of the work in excess of $25.00 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 Nip Kelley Equipment Company, 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 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 (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 $25.00 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 seven and ninety-four one hundredths per cent (7.94%) 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 DU 19--?/. ATTEST: a, I L'i' ao� Juli A. Dale Deputy City Clerk rancis E. Rhodes, Mayor - 3 -