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HomeMy WebLinkAboutCityMgrForm.512.08-05-1970P CITY MANAGER FORM ORDINANCE TTO. �E� A'v ORDINANCE REAFFIMUNG THE ACTION OF THE CITY COTMOIL PT DECLARING IT NECESSARY TO IMPROVE, PROVIDIidG FOR THE I'=3'ROVEtNT, OIriECTL?G THE CITY CLERK TO ADVERTISE FOR BIDS TO DO THE WORK AND PROVIDING FOR TME ISSUANCE Or Sp` vL TN BILLS IN PAYi4ENT OF THE COST OF 8112, 01\1 THAT PART OF HELENA AVENUE AND LACEY STREET FROM BROA]MAY TO CLARK AVENUE EN THE CITY OF CAPE GIRARDEAU, MISSOURI. BE IT ORDAINED BY THE CITY COUitCIL OF THE CITY OF CAPE GIRAp'EAU, AS FOLLOWS; SECTION 1. That the City Council of the City of Cape Girardeau, ssouri, has by resolution isiting, duly adopted at a meeting of said Council held on the /7r` day of a �L-e--- , 197o, found and declared it to be necessary to improv( that part of Hele Avenue and Lacey Street in the City of Cape Girardeau, :Missouri, from the south side of the existing concrete pavement on Broadway to the east side of the existing concrete pavement on Clark Avenue b grading to the established grade and constructing thereon a Portland Cement concrete pavement 6 inches thick and 30 feet in width between the back of curbs, except at the intersection of Helena Avenue at Broadway, and the intersection of Lacey Street at Clark Avenue and at the intersection of Lacey Street and Helena Avenue, where the pavement shall be constructed as shown on the plans, together with integral curb along the sides thereof, together with necessary drainage facilities for removal of storm water, all as shown on the pians for said improvement the total distance of said improvement to be approximately 717.6 feet, and along which property subject to assessment for said improvement totals approximately 1485.9 feet. Said resolution further provided that said work of improvement should be done by contract let in the usual and ordinary way as provided by law and ordinance and further provided that special tax bills should be issued in pay- ment of the cost of said improvement based on an assessment against the property fronting or abutting on said portion of said street so unproved, as provided by law, and according to the plans, specifications and estimate of cost therefor made and filed with the City Clerk and adopted by the Council, and in accordance with this Ordinance. SECTION 2. That the Council finds and declares that said resolution has been published in the Southeast Missourian, a daily newspaper printed and published in the City of Cape Girardeau, Missouri, for seven consecutive issues, and that more than ten days have elapsed since the last publication thereof in said paper, and that a majority of the resident owners of lands liable for the cost of said improve. ment at the date of the passage of said resolution and who also own a majority of the front feet fronting and abutting on said improvement did not within ten days after the last date of publication of said resolution, file with the City Clerk their protest against the improvement as required by law and ordinances of the City The Council being of the opinion that the necessity still exists for the improve- ment of said streets proposed in said resolution, hereby reaffirms its previous action in declaring said improvements necessary. SECTION 3. That the Council further finds that all requirements imposed by law and ordinance for said improvement have been complied with and that it thereby acquired authority to order said improvement and now hereby orders and directs that that part of Helena Avenue and Lacey Street in the City of Cape Girardeau, Missouri commencing at the south side of the existing concrete pavement on Broadway and extending to the east side of the existing concrete pavement on Clark Avenue be improved by grading to the established grade and constructing thereon a Portland Cement concrete pavement 6 inches thick and 30 feet in width between the back of curbs, except at the intersection of Helena Avenue at Broadway, and at the intersection of Lacey Street at Clark Avenue and at the intersection of Lacey Street and Helena Avenue, inhere the pavement shall be constructed as shown on the plans, together with i.ntegraaa- eurb along the sides thereof, together with necessary drainage facilities for the removal of storm water, all as shown on the �nsit c$ r n f3�? �fii plans and specifications for said improvement previousl; adopted and on file in the office of the City Clerk, with Chapter 880 R. S. Mlissouri, and this ordinance. 1 p s"'t sr SECTION Q. The Council further orders and directs that said work of improve- ment on that part of Helena Avenue and Lacey 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 prepared by the City Dagineer 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 improvement and unforseen 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. No - centraet shall be entered into under authority of this ordinance that exceeds the estimate of the whole cost of the improvement previously made by the City Engineer and above referred to. The Council further finds and declares that in its judgement the condition of the General Revenue Fund of the City is such that no part of the cost of said improvement shall be paid therefrom. SECTION 5. That the Prevailing Hourly Wage Rate as determined by the Depart- ment of Labor and Industrial Relations for the public works project in ?mage Determination No. l.L�IfZyt, is attached hereto and made a part of this Ordinance by reference. That 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 ?,,lages for each type of workman as determined in Wage Determination No./ 3'1�, who will agree to comply with all provisions of the Prevailing `loge 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 the 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 Subcon- tractors have fully complied with the provisions and requirements of the Prevailing Wage Law. SECTION 6. The City Clerk is hereby authorized and directed to advertise for bids in the newspaper doing the City printing for the construction of said improve- ment according to the plans, specifications and estimate of cost therefor, and in accordance with law and this ordinance, and the clerk in advertising for such bids shall advise bidders of the deposit and 'pond required by law to be given, and further advise bidders that no contract will be awarded the successful bidder unless he stipulates in his proposal that he will accept special tax bills in payment therefor, and that he will in no event hold the City liable for the cost of the work or any part thereof. SECTION 7. The ivayor of the City is hereby authorized and directed to enter into a contract for the City with the Contractor who shall hereafter be awarded the contract for such improvement in accordance with the law and ordinances of the City: and said contract shall provide that such work of improvement shall be done in accordance with the said plans, specifications, estimate of cost, and this ordinance. SECTION 8. ?7hen said work of improvement has been completed as herein provide_ 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, the cost of said work shall be paid for with special tax bills issued in favor of the contractor who did the work 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 said street so improvec and in accordance with the law, and which said special tax bills shall be delivered to the'said Contractor. Such special tax bills shall bear interest from 60 days after their date at eight (8) per cent, per annum. SECTION 9. This ordinance whall take effect and be in force from and after ten days after its passage and approval. 7 �Passed and approved this 5_iday of Attest: City Clerk 2 Mayor _---