HomeMy WebLinkAboutCityMgrForm.831.09-19-1973 , _
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CITY MANAGER FORM ORDINANCE NO. �3 !
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 ISSUANGE OF 5P�CIAL TAX BILLS IN AN
AMOUNT NOT TO EXCEED $14. 14 PER FRONT FOOT IN PAYMENT OF THE CO5T OF
SAME ON THAT PART OF BARBERRY STREET, QUINCE STP.EET, SOUTH, APPROXIMATELY
540 FEET WITH THE BALANCE, IF ANY, TO BE PAID FROM GENERAL REVENUE FUNDS,
IN THE CITY OF CAPE GIRARDEAU, MI550URI
BE IT ORDAINED BY THE ,COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MI5SOURI, 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 23rd day of August, 1973, found and declared
it to be necessary to improve that part of Barberry Street in the City
of Cape Girardeau, Missouri, Quince Street South to the South line of
Lot 7, Block 2, Edgewood Highlands Sixth Subdivision, by Portland Cement
Concrete Pavement thirty (30) feet in width between back of curbs, the
total distance of said improvement to be approximately 540 feet, along
which property subject to assessment for said improvement totals approxi-
mately 1,077.55 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 $14. 14 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 $14. 14 per front foot shall
be borne by the general revenue of the City and only $14.14 per front
foot shall be charged against the abutting property, all in accordance with
Chapter 88, RSMo, and such ordinances as may be hereafter eriacted 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 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 a.butting 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 Barberry Street 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 Barberry Street in the
City of Cape Girardeau, Missouri, from Quince Street South to the South
line of Lot 7, Block 2, Edgewood Highlands 5ixth 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 accordan�e 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.
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. 16480 A, is attached hereto and made a
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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. 16480 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 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 Barberry Street, Quince 5treet South to the
South line of Lot 7, Block 2, Edgewood Highlands Sixth Subdivision
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 August 17, 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 tinds 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 $14.14 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 f or the City with
for such improvement in accordance wi h the law and ordinances of the City,
said contract shall provide that such work of improvemerit 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 ta be made within ten (10)
days of final acceptance of the work by the City . Wheri 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 $14. 14 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 �o 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.
SECTION 8. This ordinance shall take effect and be in force
from and after ten days after its passage and approval.
PAS5ED AND APPROVED THIS � `I � DAY OF SEPTEMBER, 1973.
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MAYOR
ATTEST:
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CITY CLERK
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