HomeMy WebLinkAboutCityMgrForm.817.08-23-1973 , . , . .
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CITY MANAGER FORM ORDINANCE N0. � I�
AN ORDINANCE REAFFIRMING THE ACTION OF THE CITY COUNCIL AND
DECLARING IT NECE55ARY TO IMPROVE, PROVIDING FOR THE IMPROVEMENT,
DIRECTING THE MAYOR 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 $19 . 48
PER FRONT FOOT IN PAYMENT OF THE COST OF SAME ON THAT PART OF
SHERWOOD DRIVE, FROM WE5TWOOD DRIVE TO RANDOL AVENUE, WITH THE
BALANCE, IF ANY, TO BE PAID FROM GENERAL REVENUE FUNDS, IN THE
CITY OF CAPE GIRARDEAU, MISSOURI
BE IT ORDAINED BY THE COUNCIL OF TFiE CITY OF CAPE GIRARDEAU,
MISSOURI, A5 FOLLOWS:
5ECTION l. That the City Council of the City of Cape
Girardeau, Missouri, has by resolution in writing, duly adopted at
a special meeting of said Council held on the 25th day of July, 1973,
found and declared it to be necessary to improve that part of
Sherwood Drive in the City of Cape Girardeau, Missouri, from Westwood
Drive to Randol Avenue, by Portland Cement Concrete Pavement thirty
(30) feet in width between back of curbs, the total distance of
said improvement to be approximately 760 . 3 feet, along which property
subjeCt to assessment for said improvement totals approximately
1, 470. 6 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 $19 . 48 per front foot shall be charged to the
abutting property by the issuance of special tax bills and the
balance, if any, shall be charged to the City and any cost in excess
of $19 . 48 per front foot shall be borne by the general revenue of
the City and only $19 . 48 per front foot shall be charged against
the abutting property, al1 in accordance with Chapter 88, RSMo, 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 more than ten
(10) 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 improvement at the date of the passage of the
resolution and who also own a majority of the front feet fronting
and abutting on said improvement did not within ten (10) days after
the last date of publication of the 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 improvement of the said Shezwood
Drive proposed in the resolution, hereby reaffirms its previous
action in declaring said improvement necessary.
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
Sherwood Drive in the City of Cape Girardeau, Missouri, from Westwood
Drive to Randol Avenue be improved -�y Portland Cement Concrete
Pavement six (5) inches thick and thirty (30) feet in width between
the back of curbs except at the various intersecting streets where
the pavement shall be constructed as shown on the plans, 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 R5Mo, and this ordinance.
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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. 19034 A,
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 workman
the prevailing hourly rate of wages for each type of workman as
determined in Wage Determi.nation No. 19034 A, who will agree to comply
with all provisions of the Predailing Wage Law, and who is not
prohibited by the provisions of the Predailing Wage Law from
contracting with the City on a public works project. That prior to
final payment to be made to the Contractar, the City of Cape Girardeau
will require that the Contractor file an affidavit stating that the
contractor and all his subcontractors have f ully complied with the
provisions and requirements of the Prevailin g Wage Law.
SECTION 5. The Council further orders and directs that the
work of improvement on that part of Sherwood Drive from Westwood
Drive to Randol Avenue 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 July 23 , 1973, 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 improvemerit 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 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 the condition
of the general revenue func� of the City is such that only the
portion of the cost of the work in excess of $19 . 4$ per front foot
shall ultimately be paid therefrom.
SECTION 6. The Mayor of the City of Cape Girardeau is
hereby authorized and directed to enter into a contract for the
City with Crites and Sailer Construction Co. 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 (l00) 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 compl.eted 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 $19 . 48 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. 5uch special tax bills shall bear
interest from sixty (60) days after their date at eight (8) per cent
per annum.
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SECTION 8. 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 ���� , 1973 .
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MAYOR
ATTEST:
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CITY CLE