HomeMy WebLinkAboutCityMgrForm.690.07-19-1972 . ; � ,
C ITY MANACtER FOR��i O�.DITTAI�TCE :t�10. �+ y d
AiV ORDIPdANCE REKFFIRMIiJG TH� ACTIOr► OF THE CITY COUI�ICIL I�T DECLA��.ING IT
NECESSA,`i.Y TO Il�iPB.OVE, Pt�.OVIDIi�TG FOR THE I:�'��t�.OV�'�i i�T, DIRZCTI?�?G THE CITY CLI�'tK TO
ADVER.TISE �"OR BIDS TO DO THE WCRK AI�1D Y�.OVIDINC FOR T�i� ISaUr�NC� 0� SPI�;CI.iL T«I
BIl.�LS IN PAYi�i+.I",t`TT �F THE COST On SA-E, Oi� '�IiAT PART OF �?iTIt�C� STR�ET FROi�
B.�1RB�RY STREET TO EDGEWQC�D R�AD
IId TH� CITX Oi+ CAPE GI':�1LRDEAtJ, MISSOU2I.
BE IT ORDAIi�TED BX Trii� CITY COVTCIL OF TH�� CITY OF C'�Pr GI,'?.AP�D3��U, :�;T�"nI7"?I,
AS FOLLOT 7S:
SECTZOI�? 1. That� the City Cauncil of the City of Cape Girardeau, i��.ssouri, has
by resolution is iting, duly adopted at a meetin� of said Council held on the
�qj= day of 197�/, foun�, and declared it to be necessary to improv�
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that part af �u' e Street
in the City of Cape Gir�rdeau, i�iissouri, from the end of the existing concrete
pavement near the east side of 3arberry Street to a point 9 feet west of the
center line o£ Fdgewood Road
by grading to the established grade and constructi.ng t'nereon a Portland Cement
Concrete Pave�nt, b 3.nches thick and 3� feet in width bet�r�een the back of curbs,
except at the i.ntersection with Fdgewood :Road where the pavement s'�all be con-
structe� as shown on the plans, together with integra], curb along the sides
thereof, alZ as shown on the pla��s for said improvement
the total distance of said improvement to be approximately 253.7 feet, and alon�
which property subject to assessrnent for said improvement totals approximately
!�7/�.7. feet. Said resolution further provided that said wark of improvement
should be done by contract let in the usual and ordinary way as provided �y la�a
and ordinance and further provided that special ta:c bills should be issued in pay-
ment of the cost of said improvement hased oi1 an assessment afainst the property
fronting or abutting on said portian of said street so improved, as provided by
law, and according to the plans, specifications and estimate of cost therefor made
and filed with the City Clerk and a�opted by the Council, and in accordance with
this Ordinance.
SF,CTIO��T 2. That the Council finds and declares tl.iat said resolution has �aeen
published in the Southeast M�,9sourian� a daily ne�aspaper printed and p�z'olishec� in
the City of Cape Girardeau� Missou�i, for seven consecutive issues, and that more
than ten days have el�psed since the last publica�;ion thereof in said paper, and
that a majority of the resident ocmers of lands lia�le for the cost of said improve
ment at the date of the passa�e of said resolution and who also own a rr.a�or•ity of
the front feet fronting an� abutting on said improvement did no�t within ten days
after the last date of publication of said resolution, f ile with the City Clerk
their protest a�;ainst the improvement as required by lai•r and ordinances of the City
The Council being of the opinion that t�Ze nc:cessity still exists for the improve-
ment of said �aince Street proposed in said resolution, hereby reaffirms its
previous action in declaring eaid improvements necessary.
S�CTIOI�T 3. That the Council further fin�s that al1 reeuirements imposed b�
law and ordinance for said improver;�ent have been complied with and that it thereby
�equired authority to order said improve:nent an�1 now hereby orders and �3irects that
th�t part of O,uince Street in the City of Cape Girardeau, I�iissouri
ccmrnencing at the end of the existing concrete pavement near t�ze east side of
Barberr;� Street and extend3..ng to a point 9 feet west of the center line of
Edgewood Road
be improved hy grading to the establis'��d grade a:�d constructing thereon a Portland
Ce�ent Concrete Pave�ent, 6 inches t�ick and 30 feet in width between the �back of
curbs� except at the intersection with Fdgewood Road where the pavem.ent shall be
constructed as shown on t�e plans, togetner wi.th intepral curb along th.e sides
thereof� all as shown on the plans for said ir��provement.
all in accordance with the plans and spec3.fications fo.r said ir�provement previousl�.
adopted and on file in the office of th� Cit�r Cler�, with Chapter 8$, R. S.
i��issouri, and this ordinance.
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��CTIGAt !�. The Council fizrther or�ers and directs that said work of improvc:-
ment on that part of �uince Street above described be done by
contract, and that it be done so that it will in ai1 respects comply with the said
plans and speeifications therefor, and t;h7 t �he cos+ t'�r:reat' la��l not �xceed the
estimatc of cost for st�id wor� pr�;�arcd ��- +r�f; Cij:,y '��*:ir�ee� �nd on rile in the
office af the City Clerk Gnd !�e_r�tol���^e ap,�rozTc�d. '��- tha Counc;i., excEpt such itnms
of work nccessary to the prcper c�ns�ructior_ of +}ze: improvcn�i�.t an.d unforseen �nd
not included in the estimate of cost, and sai:� u�ork of improven.ent s�a11 bc� done
in such manner as to comply «ith all applicable statutes an� or�irances. ��To �
cc�n�raet� sha11 be entered into under aut��,Cr11',y of this ordinance that e�ceeds the
estimate of the whole cost of the improvement previouslJ made by the City �ngineex
and above referred to. The Council fur�ther finds and declares that in its jud�ement
the condition of the General Revenue Fu.nd of the City is such that no part of the
cost of said improvement shall ?�e paid therefrom.
S�:CTSON 5. That the Prevail:ing :'-�ourly Wa�c Rate as deterrnined by the Depart-
ment of Labor and Industrial Re1,aLyoru "or the nuhlic works prcject ir_ ?atas�e
Determination No.1�27� B� is attache� herc�e and �nudc a part of` this Ordinance by
refc,rence. That the City of Cape Girardeau is authorized to contract for this
public works project with a Contractor who will pay his worl�znen the Prevailing
Houxly Rate of ?aages for each type of wor��cman as determined in tdage Determination
1'10.1�$ B, who will a�ree to comply with all provisions of thc Prevailing '�ia�e
Law, and who is not prohibited by the provisions of the 1'revailing Wa�e Law from
contracting with the City on a public works 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 �ully complied with the provisions and requirements of the Prcvailing
Wage Law.
SECTIO�•d 6. The City Clerk is hereby authorized Gn� dirc�cted to advertise for
bids in the newspapor doing the City printing for the construction of said improve-
ment according to the plans, specifications and estir�t� of cost therefor, and in
accordance with law and this ordinanc�, and the clerk in a�dvertisin� for such bids
shal]. advise bidders of the depcsit and bond r�;quired by la�r to be given, and
Purther advise bidd�rs that no coni;ract w�.li be awar�ied the successful bidder unles�
he stipulates in his proposal that he w�ll ��ccept spe�ial ta� bills in p�yment
therefor, and that he will in no event hold the City li�ble for the; cost of the
worx or any part thereof.
SECTIC�N 7. The i�ayor of the City is hereby authorize.d an:i dirccted to cnter
into a contract for the City urith the Cor.tractor who sha11 h�reafter �e �warded the
contract for sl�.ch i:,�proverlent in accordance with the law �nd or�-�inances of the City;
and said contract s'n��ll provide that such work of improvement shall b� done in
accordance with the s€�id plans, specifications, estimate of cost, and this
ordinance.
SECTION 8. 6Jhen said work of improvF:n�ent h�s been completed as hE;rein provide�
and tias furth�r been approve�� b�T tne Cit.y �zyineer in � writt�n r�?�ort th�reof, a,zd
whrn said report h3s been «pprove� and adoptcd by thc Ci.�L,y Council, thc cost of
sa�.0 work sh�ll be paid for ��ith spoci�l tax bills issued in favor of the contractoi
w'.no did the urork and agai.nst the lots, tracts and parcels of land .frontin�� and
abuttin;; on said improvement, along �he di.star.ce r,,entionc;� in proportion to the
n�:mh�r of front fe^t front�n� or abuttit:g on said portion of sa�.d street so improvec
ar�d in accordance with the lata, and which s�id speci�l tax bills s�iall bc �elivered
to t�i� sc��id Cortractor. Such speci�l tax bi11s shall �aear interest from 6�'} days
after their date at eight (3) Per ccnt, per annum.
SFCTIOiC� �3e This ordinance whall take effect an be in force .f.rom and after
t�n days aitcr its p�ssa�;e and approval.
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Passed and �pproved this �� day of _ ���----M, 19��
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�/ �7�1.+-7X.s(�, �.-� J
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Tlayor
A�test:
�� ���-�--�
� � City Clerk
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