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HomeMy WebLinkAboutCityMgrForm.670.06-07-1972 ,► , C ITY MANAGER FORi�'i 0'3.DIPjAI�TCE 110. �'7 � AiV ORDINANCE R��FFIRMI�?G THE ACTIOI�1 OF THE CITY COUT�ICIL I;� DECLA�.I�TG IT NECESSA�'ZY TO IN�P�.OV�, PRCNIDIi�TC FOR THE I-��:�OV1�':ii?T, JIR�CTIi�?G THE CITY �L�:�3K TO ADVERTISE �"OR BIDS TO DO THE W0`�.K AI�1D P.'tOVIDIRTG FO't�, Tii� ISSUf�TIC� OF' St�F:CI;iL if�:� BILLS IiV PAYi,i�i�IT C`F THE COST OF SA::E, OiV T?�iAT PA.RT OF I�IELROSr, AVENtT�, FRQP�I DAVID STRr'�T TO RANDOL AV�'N1.IE, I;'? TH� CITY 0� CAPE GIRt1RDEATJ, M7SSOtT�t.I. BE IT ORllATNED BY T�:� CITY COUr?CIL OF THn CITY OF C�Pr GI:�t�1RDFAU, :•;I�;�",�J?T"�I, AS FOLLO?JS: SECTIOTJ 1. Tha{:. the City Council of the City of Cape Girardeau, i�;issouri, has by resolution is writing, duly adopted at a meeting of said Council held on the /�l�'` day of G��- , 197y, foun� and declared it to be necessary to improv� that part of N`slrose Avenue, in the City of Cape Girardeau, i�iissouri, �'rom the center o�' �avid Street to the existing navement at the center of l�ndol Avenue� by gra.ding to the establi_shed grade and constructi_ne� thereon a Portland Cement Concrete Pavement� 6 inches thick and 34 feet in width between the back of ewrbs� excent at the various intersecting streets� where the pavement shall be constructed as sh�tim on the p2ans, tor�ether with inte�;ral curb along the sides thereof and the necessaxy pipe and inlets for removal of storm water� all as shown on the plans for sazd improvement. the total distance of said improvemnnt to be approximately'1385�7 feet, an� along which property subject to assessrnent for said iMprovement totals approximately 2lf�2,0 feet. Said resolution further provided that said work of improvement should be done by contract let in the usual and ordinary way as pravided by law and ordinance and further provided that special ta�c bills should b� issued in pay- ment of the cost of said improvement based oiz an assessment a�ainst the property fronting or abutting on said portion of said street so improved, as provided by law, and accarding to the plans, specifications and estim�te of cost therefor made and filed with the City Clerk an�� a�opted by the Council, and in accordan�e with this Ordinance. SFCTIO?'�t 2. That the Council finds and declares t�lat said resolution has �aeen published in the Southeast Mg,ssourian� a daily neU►spaper printed and p��'alished in the City of Cape Girardeau, Missotz�i, for seven consecutive issues, and that more than ten days have elapsed 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 nsjority of the front feet fronting and abutting on said improvement did no�t within ten days a.fter the last date of publication of said resolution, f ile with the City C1erk their protest a�ainst the improvement as required by law and ordinanees of the City The Council being of the opinion that t'�e necessity still exists for the improvQ- mQnt of said Melrose Avenue proposed in said resolution, hereby reaffirms its previous action in �eclaring said improvements necessary. SECTIOnT 3. That the Council further fin�s that a11 recuirements iiriposed by law and ordinance for said improver:_ent have been compl.ied with and that it thereby �cquired authority to order said improve:nent an� now hereby orders and �irects that th�t part of Melrose Avenue in the City of Cape Girardeau, i�iissouri ccmmencing at the center of David Street td the existing �avement at the center af Randol Avenue, be improved l�y gra.ding to the estab�ished prade and constructin� thereon a. F�rtland Cement Concrete Pa.vement, 6 inches th�_ek �nd 3� feet in width between the ba,ek of curbs� except at the variou� intersecting streets� where the pavement sha.11 be conatructed as shown on the �1�,ns� together with integral curb along the sides thereof and the necessary pipe and inlets for removal of storm water� a11 as shown on the plans for said im�arovement� -,. . all in aecordance with the plans and specifications fer seid improvement previousl�, adopted and on file in tho office of th� City Clerk, wi�h Chapter 8$, R. S. i�iissouri, and this ordinance. 1 . .� , +. � . , � 5 � , �rCTIOV �. The Council further orders and directs that said work of improvr;- ment on that part of Melrose Avenue above described b� done 'by contract, and that it be done so th.at it will in a11 res�ects comply with th�aid plans and specifications therefor, and tha�t tl�e cost thcre�f taii.l not exc�e� the estimate of cost for snid wor� p^epar.ed ��- the Cit,y '3z�i:.r.er �rd on f:ile an the office of the City Clerk and heretof'ore a�proved by� the Counc:j.., exccpt such iterns of work necessary to the proper construction �f the ir�provcr��nt and unforseen lina not included in the estimate o.f cost, and said work of improvcr�ent sha11 �e donc in such manner as to cor�ply with all ap�licabl� statutes and or�inances. ��To cc�n�raet� sha11 bc� entered into under authority of �his ordinanc� that e�ccee�s th�> estimate of th� whole cost of the improver�ent previously rnade by the Ci-ty T�ginear and above referred to. The Council further fiMds and declares that in its jud�ement the condition of the General Revenue Fund of the City is such that no part o£ �he cost of said improvement shall ?�e paid th�:refrom. SECTION 5. That the Prevail'_ng Hourly Wage Rate as deterraine� by the Depart- ment of Labor and Industrial Reia.�ior.s n��r the public works project in t�1a.?e Determination No. �GSQN� is attached hereto and r�ade a pa:rt of t}1is Crdinance b� refcrence. Tra-� the City of Capo Girardeau is authorized to contract for this public works project with a Coiztractor whr� will pay his workmen the Prevailing Hourly Rate of ��iages for each t�pe of wori.sman as determined in I�Tage �etermination I�o.l�,.g, who will a�ree to comply with al1 provisions of the Prevailing '��1age Law� and who is not prohibited by� the provisions of the I'revailing Wage Law from contracting with the City on a public wor'�s project. That prior to the 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 SuUcon- tractors have fu11y complied with the provisions and requirernents of the Prevailing Wage I,aw. SECTI0��.1 6. The City Clerk is hereb;� authorized an� directed to advertise for bids in the newspaper doing the City printin� for the construction or said improve- Ment according to the plans, specifications and estimate of cost therefor, and in accordance with law and this ordinance, and the clerk in advertising for such bids shall a.dvise bidders of the deposit and bond required hy la�r to be given, and further advise bidders that no contract will be awarded thc successful bidder unless he stipulates in his proposal that he wi11 acc�pt special tax bi_lls in �?�yricnt therefor, and that he wi.11 in no event hold the City liable for the cost of the work or any part thereof. SECTIOiV 7. The ���ayor of the rity is he-reb�r authorizE�d and directcd to cnter into a contract £or the City with the Contractor who shall herc-aftcr �he awarde:� the contract for sizch i�ii�roverient in accordance with the 1aw and or��inances of the City, and said contract sh�ll provide that such work of improvetr,ent shall be done in accordance with the said plans, specifications, estim�tc of cost, and this ordinance. SECTION £3. ?rdhen said work of improvF:Ment h�s been completed as herein providec a�zd has further been approved hy tne Ci�y L��U�neer in a wr�tten renort t;zereof, and whrn said report has been appr^ved and adopted '�y the City Council, the cost of sa:;_d wor.k sha11 be paid f or �aith speci:�l tax bills issucd in favor of the contractoi who did the ��rork and agai.nst �he lots, tracts and parcels of land fronting and a�uttin� on said improv�ment along the d�.stancc mentzoned in proportion to the numb�r of front fert fronting or abuttir.g on said portion of said street so improve� ar�d in accordance with the law, and which said specia]_ tax bills s.iall bc �eliv�:red to tho saicl Co^traetor. Such speeial tax bills shall 'oear interest from 6� days after. their date at eight (�3) Per ccnt, per annum. SECTIOiv �o This ordinance whall t�ke cffect and be in forcE from and after t�n days after its passage and approval. ,�c Passed and approved this _�� day of _ �',__9 19?� .���-�"-�,�-�.-c.�c_ � � N��ror — �,ttest: �, , � y City C�erk � 2