HomeMy WebLinkAboutCityMgrForm.613.09-15-1971 �♦ . !
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CITY MANAGER FOR:vi O�tDITTkA10E 110. �� � �
A�V ORDIPIANCE RE�FFIRMCATG THE ACTIODT OF THE CITY COUT�ICIL I3�1 DECLA�ING IT
NECESSAR,Y TO IP�`iP1�,OV�, PRCJVIDIi�TC FOR THE Ii���PROUL��:.��T, >IR.SCTI?�1G THE CITY CLT�RK TO
ADVERTISE �+'OR BIDS TO DO THE WC'ZK AND P�OVI�ING. �OR TiiE ISSUf�NCE 0�' SP�;CI;iL T��
BILLS IN PAXi��i�I`IT OF THF�' COST Ol+ SA���E, OIV TIiAT PART OF ��.I'_'3fi AV�i��Nn,, �.t�OP� T�iE
�u�ST LIi�� OF �RIi•T�f t S SECO? 1� SU't3DIVISIOii TG T�-��; C+;Td'i'�R LI:r�' G�' �I3'��.1 S±'.��',�,
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Ti.'? TH�; CITY OF CAPE GIR1IRDEATJ, MI,°.�SOIJ'_�.I.
BE IT ORDAINED BY Tri� Cl2'Y COtT�TCIL OF `THi CITY OF C�PT GIRs'L?3,DEAU, `�;I�>„OU'�I9
AS FOLLO�1S:
SECTtOiJ 1. That the City Council of the City of Cape Girardeau, l�issouri, has
by resolution is writing, duly adopted at a meeting of said Council held on the
�'`'� day of �.��-L , 19�I , foun� and declared it to be necessary to improv�
that part of Brink Avenue
in the City of Cape Girardeau, �iissauri, from the west line of �rz�k�s Second
Sub�ivision to the center line of .4lbert Street, soutn
by grading to the establishe3 �rade and construct�ng thereon a Portland Cement
Conerete Pavement� 6 inches thick and 3� feet in w�dth between the �ack of curbs�
exc�pt at the i_ntersection of �lbe-rt Street, where the pavement shall be con-
str�acted as shown on the plans, together with in�e�rai curb aZong �he si3es �hereo.f,
all as s:�oti�m on th� plans for said improvement.
the total distance of said improvement to be approximately 231�.�� feet, and along
which property subject to assessment for. said improvement totals approximately
33?_.6 feet. Said resolution further provided that said work of improvement
should be done by contract let in the usual �d ordinary way as provided by law
and ordinance and further provided that special ta� bills should be issued in pay-
ment of the cost of said improvement based o�1 an assessment a�;ainst the property
fronti.ng or abutting on said portian of said street so improvea, as provided by
law, and according to the plans, specifications and estim�te of cost therefor made
and filed with the City Clerk and a�opted by the Council, and in accordance with
this Qrdinance.
SECTION 2. That the Council f inds and declares t'zat said resolution has been
published in the Southeast �,ssourian� a daily newsp�per printed and r���'�lished in
the City of Cape Girardeau, Mi.ssou�i� for seven consecutive isGues, and that more
than ten days have el�psed 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 majority of
the front feet fronting and abutting on said irr�provement did no�t within ten days
a.fter the last date of publication of said resolution, file �aith the City Clerk
their protest against the improvement as required by law and ordinances of the City
The Council being of the opinion that t'�e necessity sti11 exists for the improve-
ment of said 13ri.�k �.ve�ue proposed in said resolution, hereby' reaffirms its
previous action in declaring said improvsments necessary.
SECTION 3. That the Council furth�r fin�s that all rer.uirements imposed b.y
law and orainance for said improve��ent have been complied with and that it thereby
�cquired authority to order said improve�ent an� now hersby orders and directs that
that part of �rink .nvenue in the City of Cape Girardeau, t�Iissouri
commencing at the �rest line o£ Brinkts Second Sut�ivision to v��e center line of
�lbert Street, south,
be improved by �rading to the established grade and constructi.ng t'nereon a Portland
Ge:nent Concrete Pavement, b inc�.es �hictc and 3� feet in ��ridth �etween the bac':c of
curbs, except at t-�e in�ersection o� A1>>ert Street, where the pavel:,ent shall be
constructed as s�ow:� on the plans, to�e��'��r with integral curb along the si�es
thereof, all as sho:•.rn on tne plans f or said i::n�rovement
all in accordance with the plans �nd specifications for said improvement previousl;,
adopted and on file in the office of thQ Cii�y Clerk, with Chapter 8$, R. S.
i��issouri, and this ordinance.
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S�CTIOV �. The Council further orders and directs that �aid work of improvc;-
ment on that part of �rink Avenue above described be done by
contract, and that it be done so that it will in all respects comply �rith the said
plans and specification,� therefc�r, and tha�t thE cost the;reof' iaill not exc�e� the
estimatc of cost for snid work prenared b� trie Cit,y �Frir�ecr :�nd on fiZe in the
office of the City Clerk and heretofore approvec3 h3r the Counc�.l., excEpt s�ach itcr��.s
of work necessary to the proper construction of the improvcment and unforseen urcl
not included in the estimt�te o.f. cost, and sai� work of improverlen� s'�a11 bc� done
in such manner as to comply with all applicablc� statutes and or�3inances. :�lo
ec�:��ract sha11 b� entered into under authority of this ordinance that ex,ceeds thc
estimate of tha whole cost of the improv�ment previousl� made by the City Lhginec;.r
and above referred to. The Council further finds and declaras that in its jud�ement
the condition of the General Revenue Fund of the City is such that no part of the
cost of said improvement shall l�e paid therefrom.
S�CTIQ�T 5. That the Prevailing Hourl� Wagc Rate as determined by the Depart-
ment of Labor and Industrial Relatior.s far the public works project in ?hia�e
Determination No. i5 Sy is attache� hereto and made a part of this G�dinance by
refcrence. Tt�.at the City of Cape Girardcau is authorized to contract for this
public works project with a Contractor who will pay his �rorkmen the Prevailing
Hourly Rate of Taages for each t�Tpe of workman as determined in Idage Determination
No.� sv , who will �gree to comply witt� all provisions of the Prevailing ?Flage
Law, and who is not prohibited by the provisions of the Prevailing Wage I�aw from
contracta.ng with the City on a public works project. That prior to the final
payment to be made to the Contractor, the City of Cape Girard�au will require that
the Contraetor file an Affidavit stating that the Contractor and all his Subcon-
tractors have fully complied with the provisions and rec�uireraents of the Prevailing
Wage Law.
SECTIO��? 6. The City Clerk is herebj� authorized an� directed to advertise for
bids in the newspaper daing the City printing for the construction of said improve-
ment according to the plans, specifications and estim.ate of cost therefor, und in
accordance with law and this ordinance, and the clerk in advertisin�; for such bids
shall advise bidders of the dEposit and bond required by la�r to be given, and
further advise bidders that no contract v�ill be aw��rded the successful bidder unlesw
k�e stipulates in his proposal t'�at he will accept special tax bills in payment
therefor, and that he will in no event hold the City liable for the; cost of the
work or any part thereof.
SErTION 7. The �.��yor of the �ity is he-reby authorizc.d an�� dirceted to cnter
into a contract �or the City with the Contractor who sh.all here�ftcr �e aw�ardcd the
contract for such i�i�rover.�ent in aceordance with the law and or��inances of the City,
and said contract sh�ll provide that such wor� of i�r�proverient shall be done in
accordance with the said plans, specifications, estim��te o.f cost, an� this
ordinance.
SEC1'ION 8. !rdhen said work of iniprovF:ment has been completed as herein providec
and �as further been approved b� the Cit.y i��gynee.r in a written repart t;z�reof, and
whcn said report has been approved and adopted ?�y the City Council, the cost of
sa�d work shall. be paid for �-�ith speci�l tay bills issuc� in favor of the contracto�
w'.no did the t�rork and agai.nst '�he lots, tracts and �arcels of land fronting and
a�uttin�; on said improvement along the distance mentzone� in proportion to the
numb�r of front fe�t fronti.ng or abuttirg on said portion of sa�_d street so improv��
arid in accordanee with the law, and which sail special tax bills s_iall be �elivered
to tllo 'said Cor.tractor. Such special tax bills shall �aear 3.nterest from 6� days
after their date at eight ($) per cent, per annum.
SFCTIOid 90 This ordinance wha11 take effect and b� in £orce from and after
t�n days a�ter its pass�ge and approval.
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Passed and approved this �� „r day of _ -y�� _,_, 19��.�•
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Mayor
riti'f,G'S ti:
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City Cierk
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