HomeMy WebLinkAboutCityMgrForm.661.05-03-1972 .•,�
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CITY MANAGER FOR?vi OT�DI�TA;�CE I`d0. (o � �
AlV ORDINANCE REAFFIRMIi+?G THE ACTIOA? OF THE CITY COUfdCIL I;�1 DECLA��.ING IT
NECESSA��.Y TO IN;P�.OV�, PRCNIDIi�?G FOR THE I:�,PROVr�L�yT, DT�rCTI?�?G THE CITY �L�:tK TO
ADVERTISE i�OR BIDS TO DO THE WO'2K AIVD Y�.OVIDINC FOR Tii� ISSUI�NCE 0�' SPI;CII�% '�`�1"�
BILLS IN PAYi•iEi�iT �F THE COST OF SEL-E, OIV THAT PA.RRT OF QUINCE STR�;ET FAOM
BARB�iR.Y S�'REET T� EDGEWOOD RQAD
xi? TH�; CYTY OF CAPE GIR/�.RDEATJ, MISSOt1�.I.
BE IT ORDAINED BY T'r':� CITY COIJ�TCIL OF THi� CITY OF C.`�P;" C,�I'Z�2n?�TAU9 :�I;���G1P',,I9
AS FOLLOt�IS:
SECTIOIV l. Tha�; the City Council of the City of CapP Girardeau, ��;issouri, has
by resolution is writing, duly adopted at a meeting of said Council hel.d on the
i5 �` day of �'/'�-�--�4/, 197r/, foun� and declared it to be necessary to iinprovr
that part of Quince Street :
in the City of Cape Girardeau, i�iissouri, from the end of the existing concrete
pavement neax the east side oP Barberry Street to a poirit 9 feet west of the
center line of Fdgewood Road
by grading to the establishe�d grade and constructing thereon a Portland Cement
Concrete Pavement, 6 inches thiQk and 30 feet in width between the back of curbs,
except at the intersection with F.�lgewood Road. where the pavement shall be con-
structed as shown on the plans, together w3.th integx��Z atarb along the sides
thereof� all as shoum ott the plans for said improvement
the total distance of said improvement to be approximately 253,7 feet, and along
which property subject to assessment for said improvement totals approximately
474.1 feet. Said resolution further provided that said work 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 taz bills should be issued in pay-
ment of the cost of said improvement based oiz an assessment arainst the property
fronting or abutting on said port�:on of said street so improved, as provided by
law, and according to the plans, specifications and estil��ate of cost therefor r.�ade
and filed with the City Clerk and a�3opted ?�y the Council, and in accordance with
this Ordinance.
SECTIOiV 2. That the Council finds and declares t'.iat said resol.ution has been
published in the Southeast �,ssourian� a daily newspnper printed anc? n�z'�lished in
the City of Cape Girardeau, Misaou�i, for seven consecutive issues, and that nwre
than ten days have e1�psEd since the last 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 majority of
th� front feet fronting and abutting on said improvement did not within ten days
a.fter the last date of publication of said resolution, f ile with the City Clr:.rk
their protest a�ainst th�improvement as required by law and ordinances of the City
The Council being of the opinion that the necessity still exists for the improve-
ment of said Quince Street proposed in said resolution, hereby reaffirms its
prQvious aetion in declaring said improvements necessary.
SECTIOI�1 3. That the Council furth�r fin�s that all r�:o,uiremen�s imposed by
].aw and ordinance .for said improvement have been complie.-d with and that it thsreby
acquired authority to order said improvemen� and now hereby orders �nd directs thaf
that part of Quinee Street in the City of Cape Girardea u, t�iissour�
cammencing at the end of the existing concrete pavement near the east si.de of
barberry Street and extending to a point 9 feet west of the center 13ne of Frlgewood
Road
be improved by grading to the establishec3 gr�de and constructing thereon a Portland
Cement Contsrete Pavement, 6 inches thick and 30 feet � �atn �tWeen the back of
curbs, except at the intersection with �'dgewoocl Road where the pavement shall be
constructed as shown on the plans� together with integral caurb along the sides
thereof� all as shown on the plans for said improvement.
all in accordance with the plans �nd specifications fe.r said improvement previousl;,
adopted and on file in the offiae of th� City Clerk, with Chapter 8�, R. S.
riissouri, and this ordinance.
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��CTIOid !�. The Council further or�ers and directs that said work of improvc-
ment on that part of Quince Street �bove de:scribed bc� do�ze by
eontract, and that it be done so that it �rill in al1 respec:ts comply with the s�i:�
plans and specifications therefor, and tha�t t'.E: cost there�f' t,ri�.i not excee� t�zc
estimate of cost for said taork pr;-�ar;:.d '��� the City -h�;:;:�Lc�er �nd o� f-ile �n the
office oi the City Clerk und herotofore appr��ted ?�y� t,h:; Counc;��, exoc�t such iteres
of work nccessar.y to the preper construct�.on of the iionrovcrr<°nt and un,�'arseen an,l
not ineluded in the estimate of, cost, and sai� Grork of improvcr:�ent shall bc� donc
in such manner as to coMply with all applicable statutes and or�3inances. J`To �
cc�n�raei� shall be entered into under atathority of this ordinance �hat exceeds the
estimate of the whole cost of the i��provement previousl,y made �y the City Ihginecr
and above rcferred to. The Council further finds and dc:clares that in its judgement.
th� condition of the General Revenue Fund of the Cit�r is such that no part of the
cost of said improvement shall '�e paid thercfrom.
Sk�:CT�ON 5. That the Fr�va�.l:;.ng Hour.ly Wa�e Rate as determincd by the Depart-
ment of Labor and Industrial RclaLior.s `'c�r the pu�lic wcrks p�°aject in ?n�ai7e
Determination No. IS Z,�,_B, is attache� hercto and zn�de a pnrt of thi.s Crd�.nance b�r
refcrence. .T.hat the City of Capc Girardcau is authorized to contract for thts
public works project with a Contractor whc� will pay his urorl�men the Prevailing
Hourly Rate of !�Jages for each tJpe of wor.kman as determined in GJa�e Determination
ldo. �SL��(3,, who will a�reF; to comply with all provisions or thc: Prevailing ���1a�e
Law, and who is not prohibited by the provisions of the Prevailing I.�Iage Law from
contracta.ng with the City on a public works project. That prior to th� f.inal
payment to be made to the Contractor, the City of Cape Girardcau will require that
the Contractor file an Af'fidavit stating that the Contractor an� all his Subcon-
tractors have fully complied with the provisions and requirements of the Prevailing
Wage I�aw.
SECTIOi�? 6. The City Cl.erk is hereb;� authorized Gnd dirc�cte� to advertise for
bids in the newspaper doin� the City prin+ing .for the construction of said improve-
ment according �o the plans, specifications and esti�te of cost therefor, and in
accordance with 1aw �nd this ordinance, and the cicrk in advertising for s�ach bids
shall advise bidders of the deposit and bond required by' law to be given, and
�urther advise bidders that no contract w�11 be awar�ed the successfu]. bir3der unless
he stipulates in his proposal t�at h.e will accept special. tax b�11s in payment
therefor, and that he w5.11 in no event hold the Gity liable for th� cost of the
work or any part thereof.
SECTION '7. The ���.ayor of thc �ity is he-reby authorized an,� directed to enter
into a con�;ract for thc City ��rith the Contractor who shall hc�:re�ftcr be fl�aarded the
contrac� for su.ch i.aprover:�ent in accordance w�_th the l�w and or��inances of the City,
and said contract shall provide that such work of improvenient sha11 be done in
accordance with the sai� plans, specifications, estimate of cost, and this
ardinance.
SECZ'IOiV 8. ?�dhen said ��ork oi in�prover::ent h�s been comp.leted as herc;in provide:
and has fiarthc:r �een approzre�� �a�� tne City �::��U�.�ee:r in a written re�ort thereof, and
whrn sai� report has been 3��'.'O`JE,'� anc� adopted b,y the ��t.y Council, the cost of
said �aork shall be paid .for �aith speci�l tay bills issucd in favor of the contracto?
who !�id thP i�rork and agai.nst �he 1ots, tracts and parcels of land fronting and
abuttin� on said improvement along the di.stance r�ent?.one� in proporti�n to the
nt�mb�r of front fe�t fronting or abuttir.g on said portion of sn_i.d str�ct so improvec
and in accordance with the law, and which sai:� specia7_ tax bills s?lall be �.elivered
to ti�es said Co:^tractor. Such special tax bills shall bear interest from 6� days
after their date at eight (�) Per ccnt, per annum.
SECTIO�v �o This ordin�.nce whall take cffect and be in force from and after
t�n days aiter its pass�ge �nd approv�l.
Passed and approved this �� day of _____G��-L __, 19,Z?`
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