HomeMy WebLinkAboutOrd.1647.11-21-1994 BILL NO. 94-293 ORDINANCE NO. �� i
AN ORDINANCE REAFFIRMING THE ACTZON 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
CAPE ROCK DRIVE TO OLD SPRIGG ROAD; 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 March 21, 1994 , found and
declared it to be necessary to improve that part of Lexington
Avenue, from the centerline of Cape Rock Drive Easterly
approximately 1518 feet to the East right-of-way of Old Sprigg
Road, by constructing thereon a Portland Cement Concrete Pavement,
seven (7) inches thick and forty-four (44) feet in width between
the backs of six (6) inch upright integral curbs, all as shown on
the plans and specifications for said improvement, the total
distance of said improvement to be approximately 1518 feet, and
along with property subject to assessment for said improvement
totals approximately 2 ,933 .24 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, Phase III, 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
Lexington Avenue, from the centerline of Cape Rock Drive Easterly
approximately 1518 feet to the East right-of-way of Old Sprigg
Road, be improved by constructing thereon a Portland Cement
Concrete Pavement, seven (7) inches thick and forty-four (44) feet
in width between the backs of six (6) inch upright integral curbs,
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 Annual Wage Order No. 1, as amended. 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
Annual Wage Order No. l, 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 improvement of that part of Lexington Avenue, from the
centerline of Cape Rock Drive Easterly approximately 1518 feet to
the East right-of-way of Old Sprigg Road, 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 f ile in the Of f ice 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 $25. 00 per front foot shall
ultimately be paid therefrom.
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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 Fronabarger Concreters, 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 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 thirty-three one hundredths per cent (7. 33%) 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 ;• i DAY OF i :, .�� 1��;: ; , 19 :'�',f�
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�_�,, . ,� ��l��,C!. �lj'J
A. M. Spradling, III; ayor
ATTEST: j� �
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��1.,��(�j, t't!� /C�r�/u°:�J,
Gayle�'L. Conrad
Deputy City Clerk
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