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Home My WebLink AboutCityMgrForm.592.08-04-1971 ♦ .� ' • .i � . ,� , ,.Si�_... . f . , � _ CITY NiANAGER FORivi 0'�DIT?AI�10E �TO. � ?i AN ORDINANCE R�AFFIRMIi�?G TH� ACTIOAI OF THE CITY COUi�1CIL IAT DECLA��.ING IT NECESSA��.Y TO It�'�PROVT�.,, PROVIDIi�TC FOR THE I:�iP:3,0V�:';:,�?i, )ILt�CTI?`?G THE CITY CL'.:�.'�,K TO ADVERTISE �"OR BIDS TO DO TH� WORK AA1D P'ZOVID�IG FO�. TiiE ISSUANCE OF SPi��CI'�� Tt;t� BILLS IN PAY�;�i`TT C`F THF COST 0�' SA F, OId THAT P9.RT OF YUII3CE ST� 'T�i, FRQ2�� 3�Rr3�.RY �TR�..�'�"i' TO F.�GEG700� RC�D, Ii�T THE CITY OF CAPE GIRA�i,DEArJ, MISSOU'_?I. BE IT ORDAIi�TED BY T'riE CITY COtJl1CTL OF TH1� CITY OF C�Pn GI'Z!!RDFAU, �:�T'�;:�rt1��I, AS FOLLO�:JS: SECTIOI'J 1. Tha�; the City Council of tl�e City o£ Cape Girardeau, i��issouri, has by resolution is 'ting, duly adopted at a meeting of said Council held on the �¢" day of ,c.�c-n_e_. , 19�/, fbunc an;� declared it to be necessary to improvc that part of G�u ce Street in the City of Cape Gir�rdeau, �iissc�uri, from the end of the existirg concrete pavement nea,r the east side of 3arberry Street to a point 9 feet west of the center line of Fdgewood Road by grading to established grade and constructing t!�ereon an asphaltie conerete pave�nt, 7 incnes thick, with 5 inches of bituminous stabil.ized base and 2 inc!:es of asphaltic concrete, 3� feet in wi3th bet.lreer_ the bac� of curbs, eticept at the intersection w-�th .Fd�ewood. Road where the paveraent sha�7. be constructed as shown on the nlans, together with separate ecricrete curb along the sides thereof, alI as shown on the plans for said improven�ent, tha total distance of said improvement to be approximately ?53.7 feet, and along which property subject to assessment for said improvement tota7.s approximately 1�71�.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 �y ].aw and ordinance and further provided that special ta� �aills should b� issued in pay- ment of the cost of said improvement based o�� an assessment a�ainst the property fronting or abutting on said port�on of said street so improved, as provided by law, ancl according to the plans, specifications and estimate of cost therefor r.�ade and filed with the City Clerk and a�opted �ay the Council, and in accordance with this Ordinance. SECTIOI� 2. That the Council finds and dec].ares tt:z�t said resolution has been published in the Southeast �ssourian� a daily newspaper printed and r��Ulished in the City of Cape Girardeau� Missouri, for seven consecutive iscuos, and that more than ten days have elapsed since the last pubZication thereof in said paper, and that a majority of the resident o•,aners of lands liable for the cost of said improve ment at the date of the passa�e of saia resolution and who also own a rr.ajority of the front feet fronting and abutting on said improv�ment did not 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 law and ordinances of the City The Council being of the opinion that the necessity still exists for the improve- ment of said �;u�nce Street proposed in said resolution, hereby reaffirm� its previous action in declaring said improvements necessary. SECTION 3. That the Council further fin�s that all rec;uirements iraposed by law and ordinance for said improvement hav� b��n complied with and that it thereby acquired authority to order said improve:nent an�� now hereby ordcrs and d.irects that that part of �uince Street in the City of Cape Girardeau, P�iissour5 ccmmencing at the end of the existin� concrete paver�ent near tne east side of �arberry 5treet to a point 9 feet west of the cer�ter line of F3gewood Raad� be improved by grading to the established gra�e and construct:ng thereon �n asphaltic concrete pavement, 7 inc!�es thick, with 5 inches of bituminous stabilized base and 2 inc?�es of asphaltic concrete, 3� feet in width between the back of curbs, except at the intersection crith �igewood Road where the pavemer_t shall be construeted as snotim o*� the plans, to�ether with separate concrete curb a].on� the sic�es thereof, a11 a.s shown on the plans for said iniprovement, all in accordance with the plans �nd specifications for said improvemont previourl;, adopted and on file in the office of the City (;lerk, with Chapter S$, R. S. i�iissouri, and this ordinance. 1 ��,IT� �, ., . � . � '�" . __ . .. � S�CTIOTd 4. The Council further orders and directs that �aid work of improvc:- ment on that part of �ui.nce Street above described bc� done by contract, and that it be done so that it will in all respects comply with the said plans and specifications therefor, anc�. tha t the cost thereof' �ai�l not exceed the e:stimate of cost for said work prerare;d b�- the City �-�F;i:�eer �nd on file in the off ice of the City Clerk and heretofore approved l�y tha Counc:i, exccpt such iterns of work necessary to the proper construction of the improven�nt �nd unf.orseen und not included in the estimt�te o.f. cost, and sai�? work of improvement s�a11 be done in such manner as to eomply with all applicable statutes and ordinances. ?'�io � cc•n�raet� shall bc� entered into under authority of this ordinance that exceeds th� estimate of the whole cost of the improvement previousl,y made by the City I�gineer and abovc referred to. The Council further finds and decl�res that ir_ its jud�en�ent the condition of the General Revenue Fund of the City is such that no part of the cost of said improvement shall '�e paid therefrom. S�CTIOIV 5. That the Preva�ling ;-iourly �nia�c Rate as deterrnined '�y the Depart- ment of Labor and Industrial Relations ior the public works pr.oject in ��ra�e Determination No. 1�y�, is attache� hereto and rade a pa:rt of this Crdinance b� reference. That the City of Cape Girardcau is authorized to contract for this public works projeet with a Contractor who will pay his u�orlflnen the Prevailing Hourly Rate of �rJages for each type of wor.?sman as determined in Wage Determinat,ion I�1o. /s'Z��, who will a�ree to comply with all provisions of_' the Prevailin� '��ra�e Law, and who is not prohibited by the provisions of the i'revailing Wage Law from contracting with the City on a public works project. That prior to the final paymant �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 Suhcon- tractors have fu11y complied with the provisions and requireznents of the Prevailing Wage Law. SECTI0��1 6. The City Clerk is hereb;� authorized Gnd directed to advertise for bids in the newspaper doing the City pxinting for the construction of said improve- ment according to the plans, specifications and estimate of cost therefor, and in accordance with 1aw and this ordinanc�, and the clerk in advertising for such bids shall advise bidders of the deposit �nd bond required by' law to be given, and Purther advise bidders that no contract will be awarded thc successful bidder unl.es:. he stipulates in his proposal that he will accept special ta� biZls in payment therefor, and that he will in no event hold the City liable for the cost of the work or any part thereof. SECTION 7. The i`�m�ror of tlle �ity is h.e-reby authorizf�d an�i dir�cted to cnter into a con�ract for the City with the Contractor who shall hercaftcr �he awarded the contract for such iri�rover.lent in accordance with the law and ordinances of the City,. and said contract sh<�11 provide that such work of improvement shall be done in accordance with the sai� plans, specifications, Estimate o.f cost, and this ordinance. SECTIOiV g. j�lhen said work of improven;ent has been completed �as herein providec aild ��s further been approved b;� the City �z�inecr in a wr�tten renart thereof, and whcn sa.id report has been approved �nd adopted by the City Council, the cost of sa�d work shall be paid f or �aith special tax bi.11s issuc� in favor of the contractor w'ao did the work and against �he lots, tracts and parc�:ls of land fronting and abuttin� on said im�rovement along the distance mention�� in proportion to the numbLr of front fect front�ng or abuttir.,� on said portion of said street so improve� ar�d in accordance with the 1aw, and which saia special tax bills sh�ll be �3eliver�d to tno sa3d Co_^.tractor. Such speci�l tax bills shall '�ear interest from 6�� da.ys after their date at eight (�) per ccnt, per annum. SECTI01� �e This ordinance whall t�ke effect and be in force from and after t�n days azter its pass�g� and approval. �� Passed and approved this �� day of _�-,--��'`'� --, 19��_• _�f�-�_� r��or �:ttest: � , �� City Clerk 2