HomeMy WebLinkAboutCityMgrForm.819.08-23-1973 I
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CITY MANAGER FORM ORDINANCE NO .��
.AN ORDINANCE REAFFIRMING THE ACTION OF THE CITY COUNCIL AND DECLARING
IT NECESSARY 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 $23 .53 PER FRONT FOOT IN PAYMENT OF THE COST OF
SAME ON THAT PART OF MELROSE AVENUE, DAVID 5TREET TO RANDOL AVENUE,
WITH THE BALANCE, IF ANY, TO BE PAID FROM GENERA.L REVENUE FUNDS, IN THE
CITY OF CAPE GIRARDEAU, MI550URI
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GI.RARDEAU,
MIS50URI, A5 FOLLOW5:
SECTIOiV 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 Melrose Avenue,
David Street to Randol Avenue in the City of Cape Girardeau, Missouri,
by Portland Cement Concrete Pavement thirty (30) feet in width between
back of curbs, the total distance of said improvement to be approximately
1,385. 75 feet, and along which property subject to assessment for said
improvement totals approximately 2, 452 feet. 5aid resolution further providec
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 $23. 53 per front foot sha11 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 $23.53 per front foot shall be borne by the general revenue fund of
the City and only $23 .53 per front foot sha1.1 be charged against the
abutting property, all in accordance with Chapter 88, RSMo, and such
ordinances as may be hereafter enacted to carry out said work.
5ECTION 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 thereot 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 Melrose Avenue 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 Melrose Avenue in the City
of Cape Girardeau, Missouri, from David Street to Randol Avenue be
improved by Portland Cement Concrete Pavement six (6} 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, RSMo, and thi:s 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. 16658 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 workmen the prevailing hourly rate of wages for each
type of workman as determined in Wage Determination No. 16658 A, who will
agree to comply with all provisions of the Prevailing Wage Law, and who
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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.
SECTION 5. The Council further orders and directs that the
work of improvement on that part of Melrose Avenue, from David Street
to Randol Avenue above described, be done by contract, and that it be
done so that it wi11 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 Cauncil, except such items of work necessary to the
proper construction of the improvement and unforseen and not included
in the estimate of cast, 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 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 fund of the City is such that only the
portion of the cost of the work in excess of $23. 53 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 5ailer 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 completed as herein provided and has further been
approved by the City Engineer in a written repart thereaf, 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 $23.53 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 bi11s 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.
SECTION $. 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
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MAYOR
ATTE5T:
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CITY CLERK
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