HomeMy WebLinkAboutOrd.764.09-18-1989"'
BILL NO. 89-171 ORDINANCE N0. 612
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 $39.34 PER FRONT FOOT
IN PAYMENT OF THE COST OF SAME ON THAT PART OF
INDEPENDENCE STREET FROM STATION 36 + 70 EAST
2,543.89 FEET TO STATION 62 + 16, 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:
SECT -I -ON 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 March 21, 1988, found
and declared it to be necessary to improve that part of
Independence Street from Station 36 + 70 East 2,543.89 feet to
Station 62 + 16, by grading to the established grade and
constructing thereon a Portland Cement Concrete Pavement, 7 inches
thick and 58 - 40 feet in width between the backs of 6 inch
integral upright Portland Cement concrete curbs and gutters,
except at the various intersecting streets, where the pavement
shall be constructed as shown on the plans for said improvement,
the total distance of said improvement to be approximately
2,543.89 feet, and along with property subject to assessment for
said improvement totals approximately 3,641.40 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
$39.34 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 $39.34 per front foot shall
be borne by the general revenue fund of the City and only $39.34
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.
SECTION 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 reaffirmance of the necessity of the improvement
of Independence Street from Station 36 + 70 east 2,543.89 feet to
Station 62 + 16, as proposed in the Resolution of Necessity.
SECTION 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 Independence Street from Station 36 + 70 East 2,543.89 feet to
Station 62 + 16 be improved, by grading to the established grade
and constructing thereon a Portland Cement Concrete Pavement, 7
inches thick and 58 - 40 feet in width between the backs of 6 inch
integral upright Portland Cement concrete curbs and gutters,
except at the various intersecting streets, 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.
SECTION 4. That the Prevailing Hourly Wage Rate as determined
by the U. S. Department of Labor for the public works project in
Wage Determination._ No. _ M088-1, .is attached _hereto and made_ a _part -
of this ordinance by reference. 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. M088-1, 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.
SECTION 5. The Council further orders and directs that the
work of improvement of that part of Independence Street 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 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 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 $39.34 per front foot shall ultimately be
paid therefrom.
SECTION 6. The City Manager of the City of Cape Girardeau is
hereby authorized and directed to enter into a contract for the
City with Penzel Construction Company, Inc., a Missouri
Corporation, 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.
SECTION 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 $39.34'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..b.ills_shall bear interest from.sixty_
(60) days after their date at eight point zero three per cent
(8.03%) per annum.
This ordinance shall take effect and be in force from and
after ten days after its passage and approva .
PASSED AND APPROVED THIS DAY OF , 1989.
Francis E. Rhodes, Mayor
ATTEST:
velyn . L Grand, City Clerk