HomeMy WebLinkAboutCityMgrForm.689.07-19-1972 � ,
CITY MANAGER FOR.i'�i 0'3.DIPTANCE I`?0. �O �S
Ai� ORD2ldANCE RE�IFFIRi�iI�1G THE ACTIOAI OF THE CITY COUI�ICIL I;� DECLA�IIVC* IT
NECESSA�Ti.Y TO Il�'.ROV�, PRCNIDIi�1G FOR THE I.i�PROVi,ii.`idT, �IIZ£rTI?'rG THE CITY CL'L.�?.K TO
ADVERTISE i�OR BIDS TO DO THE WO�K AI�3D P�i.OVIDINC F'OR THE ISSUI�NC� Ox' SP��CI-iL TA;'�
3ILLS IN PAYi��?T C`F TH� COST OL' SA_:E, OTd THAT PART OF B��.Br�iRY STR.�:r',"T A��
HIL�VIEtd DRNE, EDG�rl00D HIGL�A�IDS SIXTH SUBDNISIOI•1
IiT THL CITY 4I' CAPE GIRtLRDEATJ, MISSOU�,T.
BE IT ORDAIi�TED 3Y T'rii� CITY COUI`TCIL OF THi CITY OF C.�P^ GT'Z!L?'�DTAU, :;S ��"�.�iiJT�I9
AS �OLLOt-1,S:
SECTZQI�f l. Tha� the City Council of the City of Cape Crirardeau, i�;issouri, has
by resolution is ��ting, duly adopted at a meeting of said Council held on the
oZ �'°� day of �� � 197�; foun� and dec7.ared it to be necessary to improv�
that part of Barberry Street and 4iillview �rive, �gawood a�iighlands Sixth
Subdivision
in the City of Cape Girardeau, �iissouri, from the end of the existing conarete
paven;ent at 3arberry Stxeet and �uince Street to the existing concrete pavement at
�-ii11v3et.a Drive and �uince Street
by grading to the established grade and constructing tnereon a Portland Cement
Concrete vave:�ent, o inc�es thick and 3� feet in width between the back of curbs�
except at the various intersecting streets, where the pave:��nt shall be constructed
as sho•,nm on the plans� together with inte�,ral curb along the sides t�ereof and the
necessary pipe and inlets for re_,�oval of storm water, all as showrz o:� the plans
for said improve�ent
the total distance of said improvement to be approxiznately 1599.4feet, and along
which property sueject to assessment for said improvement totals approximately
31�4•� feet. Said resolution further provided that said work of improvement
should be done by contract let in the usual snd ordinary way as provided by law
and ordinance and further provided that special tax bills should be issued. in pay-
ment of the cost of said improvement based o�z an assessment a�ainst the property
fronting or abutting on said portion of said street so improved, as provided by
law, and accordi�ng to the plans, s�ecifications and esti��!ate of cost therefor mk�de
and filed with the City Clerk anc9 a�opted by the Council., and in accordance with
this Ordinance.
S�CTIO��d 2. That the Council finds and declares tl�at said resolution has been
puhlished in the Southeast A�i,ssourian� a daily newspaper printed anc� p�ablished in
the City of Cape Girardeau, Missouri, for seven consecutiv�� 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 passaoe oi' said resolution and who also own a n�jor�ity 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 protest a�ainst the improvement as required by law and ordinances of the Ci�Gy
The Council being of the opinion that t?ze necessity still �xists for the improve-
ment of said ��r'T�� v St��v,�roposed in said resolution, hereby reaffirms its
provious action �� ��r�.ri daid impr.ovements necessary.
SECTIOI�1 3. That the Council further fin�s that all rec,uirements imposed by
l�w and or�inance for said iMprover:�_ent have been complied with and that it thereby
acquired authority to or�er said improve:nent an� now hereby orders and �irects that
t�z�t part of Sarberry St. ?� HHillvieur �rive in the City of Cape Girardeau, f�lissouri
commencing at the end of tne existing concrete pave:nent at Barberry Street an�
'.�uince Street to the existing conerete pavement at %iillview Drive and !-�uince
Stxe�t
be improved l�y gradir:g to t!�e establishejd grade and constructing thereon a Port-
land Cement Concrete Yave-rent, 6 inc.�es thick and 30 feet in width between the
baek o£ curhs, except at the various intersecting streets where the pave;n�nt
shall be constructed as shown on the pl��ns, together with integral cur� along the
sides thereof and the necessary pipe and inlets for removal of storm water, aZl
as shown on the plans for said improver,.ent
all in accordanee with the plans and spQcifications fer said improvement previou�l;,
adopte� and on file in the office of the City Clerk, with Chapter SS, R. S.
i�iissouri, and this ordinance.
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��CTIGid 4. The Council fizrther or�ers and directs that �aid work of improvc;-
ment on that part of Barberry Street °c :ii'lview Drive abo�ve dcscribed be done by
contract, and that it be done so that it will in a11 respec.ts comply �J�ith the said
plans and specification,s therefor. , and tha t '�he cos+ �hereof t,ri�l not exceed the
estimatc of cost for said �ror'.� p��.-�arcd �:�- the City �:��:�ee�• �nd on file ].ri t11E
office of the City Clerk snd heretofore a��proved by thc Counc�s, exccpt such items
of work nocessary to the proper c�nstruc�ion of t�1e im�rover��zt a��a unf.orseen �nd
not included in the estimate o.f. cost, and sai;� work of improverlent s�all bc� dono
in such manner as to c�mply with all applicablc� statutcs and or�inances. ��?o �
cc.��t,raet� sh�11 be entered into t;nder aut�:ority of this ordinance that e�ceeds the
estimate of the whole cost of the zmprovement previously made by the City Lriginear
and abovc referred to. The Council further finds and dec�ares that ir_ its judgement
the condition of the General Revenue Fund of the City is such that no part of. the
cost of said improvement sha11 be paid therefrom.
SECTION 5. That the Preva�.ling Hourly Wagr Rate as determ�ne� by the D�part-
ment of Labor and Industrial Re1a.�i_ors fc�z� the public wo-rk= prcje.ct in ?�:�ame
Determination No./6 ga , is attache� hercto and made a part of this Crdinance b�
refr.,rence. Trat the City of Cape Gyrar.dcau is authorized to contract for th.is
public works project with a Contractor who wi11 pay his u�orkmen the Prevailing
Hourly R.ate of !nlages for each t��e of worl�man as determined in Wage Determinat,ion
I�To. /�o q, who wi11 agree, to comply with all provisions of the Prevailing '�iage
Law, and who is not prohi�ited by the provisions of the t'revailing [niage Law from
contracting with the City on a public wozks 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 Subcon-
tractors have fu11y complied with the provisions and requirements of the Prevailing
Wage Law.
SECTIOi1 6. The City Clerk is hereb;� authori2ed and directed to advertise for
bids in the newspaper doing the City printing for the construction of said improve-
ment according to the plans, specifications and estimate of cost therefor, and in
accordance with law �nd this ordinance, and the clerk in advertising for such bids
sha11 advise bidders of the deposit and bond required by law to be given, and
further advise bidder5 that no contract w�l? be awarded the successful bidder unless
he stipulates in his propos�l that he will accept speci�2. tax bills in p�yment
th�refor, and that he will in no event hold the City liable �'or the nost of the
work or any part thereof.
SECTION 7. The v.ayor o_f t�c City is hereb�r authorize+d an�� directed to cnter
into a contract for the City with the Contractor who shall hc;reaftc.r �he aw�rded the
contract for silch i�.i�roverient in accordance with the law �nd or�inances of the City;
and said contract sh��ll providc t�at such work of improvement shall be done in
acaordance with the said plans, speci�ications, estima te of cost, and this
ordinance.
SECTIOV g. G1hen said work of iniprovF:rr:ent h�s been completed :s hc�rein provide�
aizd has ftzrther �een approve�� b�T the City ;�.���.nee;r in � wr�tten r�:�ort t'.ze.rcef, and
when s�id report has been apa��ove� a�d adopte:d by the� Ci.ty Council, the cos�t of
sa�d work shall be paid for 5aith speci�l �ax bi.11s issuc� in favor of the eontrr�ctoi
who did the krork and a�;ainst �he lots, tracts and parcels of land fronting and
ahuttin� on said imnrovement along the di.stance r.�entione� in �roport,ion t,o tho
numl���r of front f��^t front-�_ng or abuttir..g oz� said portion of sa�_d street so improvec
ar:d in accordar.ce with the law, and whieh sai� special tax bills s_iall bc �elivered
to �lics said Contractor. Such special tax bills sha11 �aear interest from 6� days
after their date at eight (�) per ccnt, per annum.
SrCTIOiv �e This ordinance wha11 take �f.fect and be in f'orce from and after
t�n days a�tcr its passag� und az�prov�l.
Passed and approved this �� day of _ � �����M, 19�7/
^d���D�.`�CsL�. ��-a��_
Nlayor
Attest:
Y�
� ��
City C�erk
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