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HomeMy WebLinkAboutOrd.1094.10-21-1991 BILL NO. 91-215 ORDINANCE NO. '��� 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 $10. 00 PER FRONT FOOT IN PAYMENT OF THE COST OF SAME ON PART OF PARK AVENUE; SPRING AVENUE; SHARON LANE; SCOTT STREET; STODDARD STREET; NORTH MIDDLE STREET; AMETHYST STREET; SPANISH STREET; JOHNSON STREET; RAND STREET AND HILLCREST DRIVE; 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 April 15, 1991, found and declared it to be necessary to improve that part of PARK AVENUE from Jefferson Street to Cousin Street, by constructing thereon an Asphaltic Concrete Pavement Surface, three inches thick and twenty- five feet in width, all as shown on the plans and specifications for said improvement, the total distance of said improvement to be approximately 287 . 5 feet, and along with property subject to assessment for said improvement totals approximately 543 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 $10. 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 $10. 00 per front foot shall be borne by the general revenue fund of the City and only $10. 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 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 April 15, 1991, found and declared it to be necessary to improve that part of SPRING AVENUE from Good Hope Street to Bloomfield Road, by constructing thereon an Asphaltic Concrete Pavement Surface, three inches thick and twenty feet in width, all as shown on the plans and specifications for said improvement, the total distance of said improvement to be approximately 467 . 6 feet, and along with property subject to assessment for said improvement totals approximately 962 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 $10. 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 $10. 00 per front foot shall be borne by the general revenue fund of the City and only $10. 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 3 . 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 April 15, 1991, found and declared it to be necessary to improve that part of SHARON LANE North from Lear Drive, by constructing thereon an Asphaltic Concrete Pavement Surface, three inches thick and twenty feet in width, all as shown on the plans and specifications for said improvement, the total distance of said improvement to be approximately 544 . 0 feet, and along with property subject to assessment for said improvement totals approximately 1, 084 . 32 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 $10. 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 $10. 00 per front foot shall be borne by the general revenue fund of the City and only $10. 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 4 . 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 April 15, 1991, found and declared it to be necessary to improve that part of SPRING AVENUE from Themis Street South to the old railroad right-of-way, by constructing thereon an Asphaltic Concrete Pavement Surface, three inches thick and twenty feet in width, all as shown on the plans and specifications for said improvement, the total distance of said improvement to be approximately 389 . 5 feet, and along with property subject to assessment for said improvement totals approximately 759. 00 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 $10. 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 $10. 00 per front foot shall be borne by the general revenue fund of the City and only $10. 00 per front foot shall be charged against the abutting property, all in accordance with Chapter 88 , RSMo - 2 - 1978, and such ordinances as may be hereafter enacted to carry out said work. ARTICLE 5. 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 April 15, 1991, found and declared it to be necessary to improve that part of SCOTT STREET from Perry Avenue to Missouri Avenue, by constructing thereon an Asphaltic Concrete Pavement Surface, three inches thick and twenty feet in width, all as shown on the plans and specifications for said improvement, the total distance of said improvement to be approximately 338. 0 feet, and along with property subject to assessment for said improvement totals approximately 661. 64 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 $10. 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 $10. 00 per front foot shall be borne by the general revenue fund of the City and only $10. 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 6. 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 April 15, 1991, found and declared it to be necessary to improve that part of STODDARD STREET from Perry Avenue to East of Missouri Avenue, by constructing thereon an Asphaltic Concrete Pavement Surface, three inches thick and twenty feet in width, all as shown on the plans and specifications for said improvement, the total distance of said improvement to be approximately 520. 6 feet, and along with property subject to assessment for said improvement totals approximately 1, 024 . 50 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 $10. 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 $10. 00 per front foot shall be borne by the general revenue fund of the City and only $10. 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 7 . 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 April 15, 1991, found and declared it to be necessary to improve that part of NORTH MIDDLE STREET from North Street to Washington Avenue, by constructing - 3 - thereon an Asphaltic Concrete Pavement Surface, three inches thick and twenty feet in width, all as shown on the plans and specifications for said improvement, the total distance of said improvement to be approximately 641. 0 feet, and along with property subject to assessment for said improvement totals approximately 1, 228 . 50 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 $10. 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 $10. 00 per front foot shall be borne by the general revenue fund of the City and only $10. 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 8 . 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 April 15, 1991, found and declared it to be necessary to improve that part of AMETHYST STREET from Frederick Street to Middle Street, by constructing thereon an Asphaltic Concrete Pavement Surface, three inches thick and eighteen feet in width, all as shown on the plans and specifications for said improvement, the total distance of said improvement to be approximately 388 . 0 feet, and along with property subject to assessment for said improvement totals approximately 726. 33 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 $10. 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 $10. 00 per front foot shall be borne by the general revenue fund of the City and only $10. 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 9 . 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 April 15, 1991, found and declared it to be necessary to improve that part of SPANISH STREET from First Street to Second Street, by constructing thereon an Asphaltic Concrete Pavement Surface, three inches thick and twenty feet in width, all as shown on the plans and specifications for said improvement, the total distance of said improvement to be approximately 150. 0 feet, and along with property subject to assessment for said improvement totals approximately 300. 00 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, - 4 - not to exceed $10. 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 $10. 00 per front foot shall be borne by the general revenue fund of the City and only $10. 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 10. 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 April 15, 1991, found and declared it to be necessary to improve that part of JOHNSON STREET from Main Street to Rand Street, by constructing thereon an Asphaltic Concrete Pavement Surface, three inches thick and twenty feet in width, all as shown on the plans and specifications for said improvement, the total distance of said improvement to be approximately 580. 0 feet, and along with property subject to assessment for said improvement totals approximately 1, 114 . 64 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 $10. 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 $10.00 per front foot shall be borne by the general revenue fund of the City and only $10. 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 11. 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 April 15, 1991, found and declared it to be necessary to improve that part of RAND STREET from Green Acres Drive to Cape Rock Drive, by constructing thereon an Asphaltic Concrete Pavement Surface, three inches thick and eighteen feet in width, all as shown on the plans and specifications for said improvement, the total distance of said improvement to be approximately 441. 0 feet, and along with property subject to assessment for said improvement totals approximately 787 . 00 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 $10. 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 $10. 00 per front foot shall be borne by the general revenue fund of the City and only $10. 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. - 5 - ARTICLE 12 . 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 April 15, 1991, found and declared it to be necessary to improve that part of HILLCREST DRIVE from Country Club Drive to Timon Way, by constructing thereon an Asphaltic Concrete Pavement Surface, three inches thick and eighteen feet in width, all as shown on the plans and specifications for said improvement, the total distance of said improvement to be approximately 812 . 0 feet, and along with property subject to assessment for said improvement totals approximately 1, 584 . 00 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 $10. 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 $10. 00 per front foot shall be borne by the general revenue fund of the City and only $10. 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 13 . 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 Park Avenue, Spring Avenue, Sharon Lane, Scott Street, Stoddard Street, North Middle Street, Amethyst Street, Spanish Street, Johnson Street, Rand Street, and Hillcrest Drive as proposed in the Resolution of Necessity. ARTICLE 14 . 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 Park Avenue from Jefferson Street to Cousin, Spring Avenue from Good Hope Street to Bloomfield Road, Sharon Lane North from Lear Drive, Spring Avenue from Themis Street South to the old railroad right-of-way; Scott Street from Perry Avenue to Missouri Avenue, Stoddard Street from Perry Avenue to East of Missouri Avenue; North Middle Street from North Street to Washington Avenue, Amethyst Street from Frederick Street to Middle Street, Spanish Street from First Street to Second Street, Johnson Street from Main Street to Rand Street, Rand Street from Green Acres Drive to Cape Rock Drive, and Hillcrest Drive from Country Club Drive to Timon Way, be improved by constructing thereon an Asphaltic Concrete Pavement Surface, three inches thick and eighteen-twenty feet in width, all in accordance with the plans and specif ications for the improvement - 6 - previously adopted and on file in the Office of the City Clerk, in accordance with Chapter 88, RSMo 1978, and this ordinance. ARTICLE 15. 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. 91-016-0036. 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. 91-016-0036, 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 16 . The Council further orders and directs that the work of improvement of that part of Park Avenue from Jefferson Street to Cousin, Spring Avenue from Good Hope Street to Bloomfield Road, Sharon Lane North from Lear Drive, Spring Avenue from Themis Street South to the old railroad right-of-way; Scott Street from Perry Avenue to Missouri Avenue, Stoddard Street from Perry Avenue to East of Missouri Avenue; North Middle Street from North Street to Washington Avenue, Amethyst Street from Frederick Street to Middle Street, Spanish Street from First Street to Second Street, Johnson Street from Main Street to Rand Street, Rand Street from Green Acres Drive to Cape Rock Drive, and Hillcrest Drive from Country Club Drive to Timon Way, 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 dated April 10, 1991 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 $10. 00 per front foot shall ultimately be paid therefrom. ARTICLE 17 . The City Manager of the City of Cape Girardeau is hereby authorized and directed to enter into a contract for the City with ASA Asphalt Incorporated, 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 - 7 - ` ► accordance with the plans, specifications, estimate of cost, and this ordinance. ARTICLE 18 . 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 $10. 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 19 . This ordinance shall take effect and be in force from and after ten days after its passage and approval. PASSED AND APPROVED THIS �(�I .CL�` DAY OF , 19 �I `,�t�L ,. Y� '�� (%:�r-5� David S. Limbaugh, Mayor Pno Tan ATTEST: . � Juli . Dale Deput City Clerk - 8 -