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Home My WebLink AboutCityMgrForm.692.07-19-1972 �,. . f . .� , C ITY MANI�GER FORi�i 0'�DII`TAi�CE t10. �'� Y AiV ORDINANCE REaFFIR.MIi�?G THE ACTIODi OF THE CITY COUi�1CIL I�1 DECL��.ING IT NECESSA�.Y TO II�iP.�.OV�� PROVIDI'iTG FOR THE I:��iPROViJ�ii4T, JSR.L',CTIr`iG THE CITY GLE�3K TO ADVERTI,SE i{'OR BIDS 'TO DO TH� WOi.K AA1D P�C?VIDIAIG FOi�. TH�, IS5131�NC� OF SPI'�CI;�.L Tb'l 3IULS IN PAY:i�I`TT OF THE COST OF SA- E, OPd THAT PART OF A�Lr�.OSE A3TEPTiJ�� FROM DAVID STREET TO RANUOL AVENUE, Ii? TH� CITY OI�' CAPE GIRILRDEATJ, MISSOU?3.I. BE IT ORDAI��ED BY Tii� CITY COIP'TCIL OF TH� CITF OF C'�P'� GIRIiRDEAU, :��I��TJ"�I, AS FOLLO?LS e SECTIOT4 1. Thai; the City Council of �he City oi' Cape C�irardeau, i��issouri, has by resolution is iting, duly adopted at a meeting of said Council heTd on the a!�"�' day of ,�,,•-,�. , 19 7y, foun�, and declared it to be necessary to improv� that par� of l�e se Avenue, in the City of Cape Girnrdeau, i�iissouri, from the center of David Street to the existing pavement at the center of Randol Avenue� by grading to the established grade and constructing therPon a Pertl.and Cement Concrete Pa.vement� 6 inches thick and 30 feet in width bet�,�een the back of curbs, except at the various intersectine streets, where the �avement sha.11 be constructed as shown on the nlans� to�ether with integral curb a7_ong the sides thereof and the necessary pipe and inlets for remova�_ of �torm water� aIl as sho�,m on the plans for said imorovement. the total distance of said improvement to be approximately 13�5.7 feet, and along which property subject to assessment for. said improvement totals approximately 2I�52..0 feet. Sa.id 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 ta�c �ills 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 porti.an of said street so improved, as provided by law, and according to the plans, specifica-tions and estir.�ate of cost therefor made and filed with the City Clerk and a�opted ?�y the Council, and in accordance with this Ordinance. SECTIQN 2. That the Council finds and declares t'.iat said resolutioiZ has be�n puhlished in the Southeast �3,gsourian� a daily newspaper printed and pu'plished in the City of Cape Girardeau� Mtssou�i, for seven consecutive isGues, 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 lia?�le for the cost of said improve ment at the date of the passa�e of said resolution and who also own a majority of the front feet fronting and abutting on said improver�ent did not within ten days after the last date o£ publication of said resolution, f ile with the City Clerk their protest a?ainst the ir�provement as required by law and ordinances of �the Ci�Gy The Council being of the opinion that the necessity still exists for the improve- ment of said Melrose Avenue proposed in said resolution, hereby reaffirms its previous action in declaring said improvements necessary'. SECTIOId 3. That the Council furth�r fin�s that a11 rec;uirements imposed by law and ordinance for said improver�:ent have been complied with and that it thereby acquired authority to order said improve:nent an� now hereby ordcrs and directs that th�t part of Nlelrose Avenue in the City of Cape Girardeau, P�iissouri commencing at the center of David Street to the existing pa.vement at the center of Rando7. Avenue� be improved by grading to the establ3.shed grade and constructing thereon a Fbrtland Cement Conare'te Pa.vemen�, 6 inches thick and 3� feet in wi.dth between the baek of curbs� excent at the various intersecting streets� where the navement shall be constructed as shown on the plans� togetrer with integra.l curb along the sides thereof and the necessary pipe and inlets for rer�oval of storm water� a,ll. as shown on the �lans for said impravement� all in aecordance w�th the plans �nd specifications fo.r said improvement previousl� adopte� and on file in the office of th� Ci�y Clerk, with Chapter 8$, R. S. i�iissouri, and this ordinance. 1 �- � . . . . ��CTIG1d 4. The Council further or�.ers and directs that said work of improve.- ment on that part of Melrose Avenue above dcscribed be done by contract, and that it be done so th.at it will in all respects cemply with tho sai_d plans and specifications therefor, and t�Ma�, �he cost there�i' t��i�l ziot excee�� the estimate of cost for said work pr��nared ��,- the City 'Y��;i:�ecr znd en file �_n the. office of the City Clerk and heretofore approve:d '�y the Cou�cA�, ex�c,�t such it�r::s of work nccessar.y to the preper construc�ior. oi" the ir�;�rove��1t ��.d unforseen uncl not included in the estim�te o.f. cost, and sai� work of improver.lent s�a11 b� done in such manner as to com�ly with all applicable statutes and ord:�r.ances. ��to � cc•*��raet� shall bc� ente.red into under �uthority of this ordinance that e:ceeds th�� estimate of th� whole cost of the :inprovement previousl,y made by the City Ihgineor and above referred to. The Council further finds and dec�?ares that ir_ its jud�ement the condition of the General Revenue rt�nd of the City is such that no part of the cost of said improvement shall be paid therefrom. SECTION 5. That the Frevail�ng ;-�ourly taTagc Rate as determine;�3 �ay the Depart- ment of Labor and Industrial Rcla,�ions ror t.hE publ.ic wcrks projE:ct in ��Ta?e Determination No.16�, is attache� hercto and rr4dc a pa-rt of' this Crdinance by ref�;rence. That the City of Cape G�.rardeau is authorized to contract for this public works project with a Contractor tah� will pay his workmen the Prevailing Hourly Ra�te of Wages for each type of workman as determined in I�lage Determinat,ion Ido.1665�A , who will a�ree to coniply with all provisiona of the Prevailing T��iage Law� and iaho is not prohibited by the provisions of the Prevailing Wage I�w from contracting with the City on a public wo-r��s project. That prior to the final payment to be made to the Contractox, the City of Cape Girardeau will realuire that the Contractor file an Affidavit stating that the Contractor and all his Subcon- tracto-rs have full� complied with the provisions and requirernents of the Prevailing Wage Law. SECTTOi�1 6. The City Clerk is hereby authorized Gn� directe� to advertise for bids in the newspaper doing the City printin� £or the construction of said improve- ment according to the plans, specifications �nd estin�ate of cost therefor, and in accordance with law and this ordinance, and the clerk in advertising for such bids shall advise bidders of the deposit and bond required by latir ta be given, and further advise bidders that no conLract w�_11 be aurar�i�d the successful bidder unles� he stipulates in his proposal t'��t he will acc�v�pt special t�x b�.11s in p�yment therefor, and that he w�.11 in no evont hold the City liable for the cost of thc work or any part thereof. SECTION 7. The i��yor of t�c �ity is he-reby �u�thorized and directed to cnter into a con�Lract for the City with the Contractor who slzall hc=rcafter �e awarded the contraet for such i.��rovei.lent in accordancf with the law and or�-�inances of �he City, and said contract sh�ll provide that such work of in,prove�nent shall be done in accordance with the said plans, specifications, estim��tE of cost, and this ordin�nce. SECTION $. ?�dhen said work oi iniprovF:r�.ent has beer comp.leted as herein provide� aizd has .further neen approved bv the City �zU�.neer in a wr�.tten report tl�ereof, and whcn said report has been app��oved and adopte� by thc City Council, the cost of sa�:� work sha11 be paid for tait�� special tay ?�ills issued in favor of the contracto� w?�o did the �aork and a�;as.nst �he lots, tracts and �arce].s of land .frontin� and abuttin� on said improvement along the distance mentione� in proportion to the n�mb�r of front fe�:t fronting or a��ttirg on said portion of said street so improvec ar�r� in accordance with the law, and which sai:� speci:�7_ t�x bills sElall be �elivered to tl�c said Contraetor. Such speci�+l tax bills shall bear interest from 6� d�ys after their date at �:ight (�) per ccnt, pc�r annum. S�'CTIOi�t �o This ordinunce, wha11 ta��e effect and be in f'orcc .from and after t�n days a£ter its p�ss��c: �nd ar�prov�l. Y-c Passed and approved this �� day of _ � __, 19?� �,��,'_'aL�L---� _ � /''� _ -�.... N��yor tittest: ,� � ,r � ,�� ---�--a _ r_.._ City C�ari� 2