HomeMy WebLinkAboutOrd.664.02-01-1989 BILL N0. 89-5 ORDINANCE NO. (p
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 �36 . 62 PER FRONT FOOT IN
PAYMENT OF THE COST OF SAME ON THAT PART OF
DRURY LANE FROM THE EAST EDGE OF CLARK
STREET EAST 325 FEET, 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:
SECTION 1 . That the City Council of the City of Cape
Girardeau, ��issouri , has by resolution in writing duly a�opted at
a regular meeting of said Council held on June 6 , 1988 , found and
declared it to be necessary to improve that part of Drury Lane
from the East edge of Clark Street East 325 feet , by grading to
the established grade and constructing thereon a Portland Cement
Concrete Pavement , 6 inches thick and 24 feet in width between the
backs of 6 inch upright integral curbs , 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 325 feet , and along with
property subject to assessment for said improvement totals
approximately 692 . 9 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 $36 . 62 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 �36 . 62 per front foot shall be borne by the general
revenue fund of the City and only �36 . 62 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
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of Drury Lane from the East edge of Clark Street East 325 feet , 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 Drury Lane from the East edge of Clark Street East 325 feet be
improved, by grading to the established grade and constructing
thereon a Portland Cement Concrete Pavement , 6 inches thick and 24
feet in width between the backs of 6 inch upright integral curbs ,
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 Department of Labor and Industrial Relations for the public
works project in Wage Determination No . 88-016-0037 , 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 wag�s for each type of workman as determined in
�9aqe Determination No . 88-016-0037 , 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
statinq that the contractor and all his subcontractors have fully
complied with the provisions and requirements of the Prevailing
Wage Law.
SECTION 5 . The Council further orders and directs that the
work of improvement of that part of Drury Lane 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 June 6 , 1988 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 �36 . 62 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
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City with Central Concrete Contractors, 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 .
SECTIOr1 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 �36 . 62 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 frontinq 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 eight point nine four per cent
( 8 .94� ) per annum.
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 � , 1989 .
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rancis E. Rhodes , Mayor
ATTEST:
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E elyn . LeGrand, City Clerk