HomeMy WebLinkAboutCityMgrForm.483.06-03-1970 .
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C ITY MANACzER FOR,i�i 0?3DI1`1AIdCE P10. ��
A�.V ORDINANCE R.EAFFIR.I�A?G THE ACTION OF THE CITY COUNCIL IN DECLARING IT
NECESSAi3,Y TO Ii�/1PROV�, PRWIDIiJG FOR THE Ii�iPROV1�i�L:�^�T, JIP�CTING TI� CITY CLER,K TO
ADVERTISE ^OR BIDS TO DO TH� W0�2K AND PROVIDING FOR TH� ISSUANCE OI' SPFCI,�L TIu{
BILLS IN PAYi��i�1�TT 0� THF COST 0� SA-E, ON THAT P�LRT OF THOMAS HRNE FRCM THE
EAST LINE OF HILDALE ESTATES TO THE Tn1�;ST SIDE OF THE EXIST7NG CONCi�ETE PAVEI�IT
ON U. S. RCUTE N0. 61
Ii1 TFi� CITY OF CAPE GTRl�.RDEA�J, MISSOIII�.I.
BE IT ORDAIiV'ED BY TiiL CITY COLTNCTL OF THi� CITY OF C_�P�' GI'i�iRDFAU, ��iI.>SOU''i.I,
AS FOLLOj�J,S�
SECTZOI�T l. That the City Council of the City o.� Cape Girardeau, i�sissouri, h�s
by resolution is writing, duly adopted at a meeting of said Council held on the
/5'�" day of .4�bY%� , 1970 , found and declared it to be necessary to improv�
that part of Thomas Driv e
in the City of Cape Girardeau, ��lissouri, from the east line of Hildale Estates to
the west dide of the existir� concrete pave�nt on U. S. R.oute No. 61
by grading to the established grade and constracting thereon a Portland Cement
C�ncrete Pavement6 inches thick and 30 feet in width between the back of curbs,
except at the intersection with U. S. Route No. 61, where the pavement shall be
constructed as �hawn on the plans, together with integral curb along the sides
thereof, and the ne�essary pipe and inlets for the immoval of storm �,rater i'rom
the pavement, all as shown on the plans for said iniprovement
the total distance of sa_id improvement to be approximately �3�•2 feet, and along
which property subject to assessment for said improvement totals approximately
157$.5 feet. Said resolution further provided that said worit of improvement
should be done by contract let in the usual and ordinary way as provided by law
and ordinance and further provided that special tax biils should b� issued in pay-
ment of the cost of said improvement based on an assessment atainst the propert�r
fronting or abutting on said portion_of said street so improved, as provided by
law, and according to the plans, speci.fieatians and estiinate of cost therefor made
and filed with the City Clerk and a�opted by the Council, and i.n accordance with
this Ordinance.
SECTION 2. That the Council finds and declares that said resolution has been
published in the Southeast �ssourian� a daily newspaper printed and ���blished in
the City of Cape Girardeau, NFtssouri� for seven consecutive issues, and that more
than ten days have elapsed since the 2ast publication thereof in said paper, and
that a majority of the resident owners of lands liable for the cost of said improve
ment at the date of the passage of said resolution and who also own a mQjority of
the front feet fronting and abutting on said improvement did not within ten days
after the last date of publication of said resolution, file with the City Clerk
their proteat a�;ainst the improvement as required by law and ordinances of the City
The Council being of the opinion that the necessity still �xists for the improve-
ment of said Thomas Drive proposed in said resolution, hereby reaffirms its
previous action in declaring eaid improvsments necessary.
SECTION 3. That the Council furthPr fin�s that all re�uirements imposed b,y
law and ordinance for said improvement have been compli�:d with and that it thereby
�cquired authority to order said improvement and now hereby orders and directs tha�
that part of Tho�s Drive in the City of Cape Girardeau, t%ii.ssouri
commenc�ng at the east line of Hildale :Estates and extending to the west side of the
existing eoncrete pavement on U. S. Route �io. 61
be improved by grading to the established grade and constructir,g thereon a Portland
Cement Concrete Pavement b inches thicK and 30 feet in wi.dth bett,�een the back of curbs,
except at the intersection with U. S. Route No. 61, where the pavement shail be
constructed as shown on the plans, together with i.ntegral curb alon� the sides thereof,
and the necessary pipe ar�d i.nl�ts for the r�moval of storm water from the pavem�nt,
all as shown on the plans for said improvement.
all in accordance with the plans and specifications for said improvement previousl�
adopted and on file in the office of tne City Clerk, with Chapter 8$, R. S.
i�lissouri, and this ordinence. �
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SECTIOId !�. The Council further orders and directs that said work of improve-
ment on that part of ��� ��,� above c�escribed b� done by
contract, and that it be done so that it wi11 in all respects comply with the said
plans and specifications therefor, and tha�t the cost thereof will not exceed the
estimate of cost for said work pr�parEd b;r the City ��;ineer and on file in thE
office oi the City Clerk and heretofore approved by the Council, except sueh items
of work necessary to the proper construction of the improver�ent and unf.orseen and
not included in the estimate af cost, and said work of improvement s�all be done
in such manner as to eomply with all a�plicable statutes and or�inances. �?o
ec�:�'�raci� sht�3.1 be entered into under authority of this ordinance that exceeds the
estimate of the wholo cost of the improvement previouslg made hy the City F�gineer
and above referred to. The Council further finds and declares that in its jud�ement
the conditio� of the General Revenue Fund of th� City is such that 7o part of �he
cost of said im�provem�ent shall '�e paid therefrom.
SECTION' S. That the Prevailing Hourly tnrage Rate as d�termin�� '�y the Depart-
ment of Labor and Industrial. Relations for the public works project in ?da7e
Determination No. , is attached hereto and made a part of thi.s Ordinancc by
refcrence. fihat the City of Cape Girardeau is authorized to contract for this
public works project with a Contractor who will pay his worluncan the Prevailing
Houxly Rate of ?�lages for each type af wor.kman as determined in Wage Determination
I�to. , who wi11 ��;ree to comply with all provisions of the Preuailing t�ia�e
Law, and who is not prohibited by the provisions of the Prevailing Wage Law from
contracting with the City on a puhlic works project. That prior to the fin�l
payment to be made to the Contractor, the City of Cape Girard�au wi1Z require that
the Contractor filo an Affidavit stating that the Contractor and all his Subcon-
trnctors have fully complied with the provisions and requirements of the Prevailing
Wago Law.
SECTIO��d 6. The City Clerk is hereb�r authorize� Gnci directed to advertise fox
bids in the newspaper daing the City printing for the construction of said imprave-
ment according to the plans, specifications and estim.ate of cost therefor, and in
accordance with law and this ordinance, and the clerk in advertisa.ng for such bids
shall a.dvise bidders of the deposit and bond required by law to be given, and
�urther advise bidders that no contract will be aw�rded the successful bidder unles.:
he stipulates in his proposal that he will aceept apeciai tax bills in paynent
therefor, and that he wi11 in no event hold the City liable for the cost of the
work or any part thereof.
SECTIOiQ 7. The i�i�yor of the City is he-reby authorized and directed to enter
into a contract for the City with the Contraetor who shall he;reafter he awarded the
contract for such i.�7proverlent in accordanc� with the law and or��inances of the City;
and said contract shall provide that such work of improvement snall be done in
accordanee with the said pians, specifications, estimate of cost, and this
ordinance.
SECTIOV g. !��hen said work of iniprovement has heen compl_eted as hc:rein provide�
and has furth�r been approved by the City ��ine�r in a writt�n renort t?zoreof, and
whrn said report has been approved and aciopted by the City Council, the cost of
said work shall be paid for �,aith special tax biZls issued in favor of the contractos
who did the urork and against �he lots, tracts and parcels of land fronting and
abutting on said improvement along the distance mentionE;d in proportion to the
number of front feet front�ng or abutting on said portion of sa3_d strect so improve€
and in accordance with the law, and whieh saicl specia]_ tax bills shall be �elivered
to the said Cantractor. Such speeial tax bills shall bear interest from 6� days
after their date at eight (3) per ccnt, per annum.
SECTIOid �o This ordinance whall t�kE; effect and be in force from and after
t�n days after its passage and anproval.
Passed and approved this '� � day of _ , 19�0 .
_�s��,, " �"�'°c ��/��_
Nlayor
i�ttest:
.���.l.C-GL 4'u.�c�
City Clerk �
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