HomeMy WebLinkAboutCityMgrForm.820.08-23-1973 R
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CITY MANAGER FORM ORDINANCE N0. gZ.�
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 BILL5 IN AN AMOUNT NOT TO EXCEED $17.02
PER FRONT FOOT IN PAYMENT OF THE COST OF SAME ON THAT PART OF
BELLERIDGE PIKE, FROM MELROSE AVENUE NORTH, TO THE NORTH LINE OF
BELLERIDGE SUBDIVI5ION, WITH THE BALANCE, IF ANY, TO BE PAID FROM
GENERAL REVENUE FUND5, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
BE IT ORDAIi�iED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOW5:
SECTION 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
Belleridge Pike in the City of Cape Girardeau, Missouri, from
Melrose Avenue North, to the North line of Belleridge Subdivision,
by Portland Cement Concrete Pavement thirty (30) feet in width
between back of curbs, the total distance of said improvement to be
approximately 1,974. 7 feet, and along whiCh property subject to
assessment for said improvement totals approximately 3 , 737. 7 feet.
5aid 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
$17.02 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 $17.02 per front
foot shall be borne by the general revenue fund of the City and
only $17.02 per front foot shall 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.
SECTION 2. That the Council finds and dec].ares that the
resolution has been published in the 5outheast 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 land
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
Belleridge Pike 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
Belleridge Pike in the City of Cape Girardeau, Missouri, from
Melrose Avenue North, to the North line af Belleridge Subdivision
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 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. 16773 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 wi].l pay his workmen
the prevailing hourly rate of wages for eaCh type of workman as
determined in Wage Determination No. 167'73 A, 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 pubTic 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 Belleridge Pike, from Melrose
Avenue North, to the North line of Belleridge 5ubdivision 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 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 $17.02 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 improvemerit 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, l�ss 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 apprdved 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 $17.02 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 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 .
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PASSED .AND APPROVED THI5 �DAY OF _�cZr z.L , 19 73 .
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MAYOR —
ATTEST:
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CITY CL RK
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