HomeMy WebLinkAboutCityMgrForm.618.10-20-1971 � ' - .
CITX MANAGER FOR.i�i 0�'i.DIPTAi�iC� P10. ���
AiV ORDIPJANCE REAFFIRMTi+?G THE ACTIODi OF THE CTTY COIT�ICIL In1 ➢ECL:4�ING IT
NECE5SA'�.Y TO Ii�iP�i.OV�, PROVIDIidG FOR THE I��1P�OV:rii i�T, �IRL'CTI�`1G THE CITY CLi;i3K TO
ADVERTIS� �+'�R BIDS TO DO THE WC'2K Ai�1D Y�.OVIDINC FOR Tii� ISSUANC� �T SPI,CI:�i., T��
3ILLS IN PAYri�I�?T C`F THE COST OI' SA:�, OTd T�iAT PA�.�.T OF :��'��I'.�TET-��� S^1R��^, F�'�..0'S
T� �A;>T .LI:�1� �F LOi3IS ST�.�E"', ��:TE'�J�, TO T i:�� C� 1�'�? GF SU�dS:�,T BC���i�V,avRD
Ii�T THE CITY OI' CAPE GIRARDEA�J, MISSOU'?.I.
BE IT ORDAI:�IED 3Y Ti:� CITY COU�1CIL OF THE CITY OF C�P�' GIR�!?��AU, :�•�I�,;��JiT''�I,
AS FOLLOt J5>
SECT�OI�T l. That the City Council of th� City oi Cape Girardeau, �iissouri, has
by resolution is writing, duly adopted at a meeting of said Council held on the
�5t day of S�h��n�b� -�, 19�1 , founc and declared it to be necessary to improvc
that part of I�ierriwet'�er Street
in the City of Cape Girardeau, �iissouri, from the east line oz Louis �Lreet, exte�3ed,
to t^e center of 5unset <3ou�evard
by c,,�'rading 'ta the estaalis:^ed grade and ��onstructing t�ereon a Po-r�land Ce:nent
Concrete �'averr�nt, 6 inc�es t�ick and 27 feet in widt:� be�tween the �ack of curbs�
exce�t �t the intersection of Louis Stree� and Sunset 3oulevard wne?�e tne pavement
s�all be construc�ed as s�own on the plans, to�et'�er wit_1 inte�rral curb alon� the
si�.es t:�ereof and the necessary pipe and inlets for i,he re�oval of stor�r� and s�ri��
water� alt as s'lown on the plans for sai� ���prove:�ent
the total distance of sa_id ir.-:provenient to be approximately /�3�.� feet, and along
which property subject to assessment for. said improvement totals approximately
72�.7 feet. Said resolution further provided that said w�rk of improvement
should be done by contrac� let in the usual end ordinary way as provided �y laca
and ordinance and further provided that special ta:: bills should be issued in pa�r-
ment of the cost of said improvement based o.z an assessment a�ainst the property
fronting or abutting on sa.id portion of sa3.d street so improved, as provided by
law, and according to the plans, specifi.cations and estimate of cost therefor made
and filed with the City Clerk and a�opted �y the Council, and in accordance with
this Qrdi.nance.
SECTIOTI 2. That the Council finds and declares t'.1at said resolution has be�n
published in the Southeast �,�sourian� a dail.y newspaper printed an� p!z�lished in
the City of Cape Girardeau� Missou�i, for seven consecutivc� is�ues, 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 Iiahle for the cost o.f said improve
ment at the date of the passage of said resolution and who also own a rr.ajority of
the front feet fronting an� abutting on said improv�r�ent did not within ten days
after the last date of publication of said resolution, file with the City Clerk
their protest aE;ainst the improvement as required by law and ordinances of the City
The Council being of the opinion that t'�c; necessity atill exists for the improve-
ment of said i�:errii,ret�er Stree�roposed in said resolution, hereby reaffirms i.ts
previous action in c?eclaring said improvements necessary.
SECTIOI�1 3. That the Council further fin�s that all rec;uirements imposed by
law and ordinance for said improvez�:ent have been com�lied with and that it therQby
�cquired authority to order said improvement and now hereby orders and �irects that
tt��t part of N�erriwetn.er atreet in the City of Cape Girardeau, ifissouri
commencing at the east line of Louis St-reet e.�ten�ed, to t'�e center of S�.znset
3oulevard
be improved by gradi�g to tne established grade and constructin� tner�on a Portland
Cement �or�crete r�ave.�:ent, 6 inc�Qs t;�icl, ana 27 feet in .•ri3th between t'�e oacl� of
curbs� except at the in�ersect�on or Louis Stree� an� a�;nse� 3oul�var3� where t�e
pavea:ent shall be constr�zcted as s.zown on the p].ans,:'toget�i�r'wit:� i:�tegral curb
alon� t�� sides t�ereof and t�e necessa:ry �ipe and inle�s for the removal oi
storir, a�d sprin� wa�er, a1,1 as shot•m on t�� plans �'or sa�..3 improveMent
all in accordance with the plans end specifications fer said improvement previousl;,
adopted and on file in the office of the City Clerk, with Chapter $$, R. S.
i�iissouri, and this ordinance. ��
i �x�
� ��,`'�
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, ��CTIOId 1�. The Council further orders and directa that said work of improvc-
ment on that part of r�erriwetner Street a�ove described b� done by
contract, and that it be done so that it will in aZl resp���ts comply with the said
plans and specification,s therefor, and tha�t the cos+ therc:of' �ai�l not excee� the
estimate of cost for said work pr�;�ar.e� ��r the Ci-ty "h�;9.�eer �nd on file �_n the
office oF the City Clerk and he.retofore approvec� by t;�� �ou�cii, exc,cpt such 3.tc;ma
of work necessary to the proper construc�ior_ of the ii�prover��Pnt an.d unf.orseen �nd
not included in the estimate of cost, and sai� Grork of impro;rer:ent s�all be done
in such mannor as to com�ly wi�h all applicable statutes and ordinances. ��10
cc�:�+�ract� sha11 bc� entered into under aut'_�ority o.f this ordinance that excecds the
estimat� of the whole cost of the improvc�m.ent previously made by the City �ginecr
and above. referred to. The Council further. finds and declares that in its judgement
the condition of the General Revenue Fund of the City is such that no part of the
cost of said improvement shall �ae paid therefrom.
S:t;CTI0r1 5. That the Preva;.l�ng '-iourly Wage Rate es d�termine.d by the Depart-
ment of Labor and Industrial Rela�ior.s �c�r the pu?�'lic wo-rks p�oject, in ��!a�e
Determination No. js���,, is attache� herc�to and T�ade a p�rt of this Crdinance by
refc;rence. That the City of Cape Girardeau is author�zed to contract for thi.s
public works project with a Contractor who will pay his u�orlQnen the Prevailing
Hourly Rate of T�i�ges for each type of worinnan as detexmined in t�lage �etermination
rJo. /SG�/�,, who will a�ree to comply �rith al1 provisions o� the Prevailing '�,ra�;e
Law, and who is not prohibited by the provisions of the Prevailing T.�lage Law from
contracting with the City on a public wo.rks project. That prior to the final
payment to be m.ade to the Contractor, the City of Cape Girardc;au will require that
the Contractor file an Affidavit stating that the Contractor and all his Subcon-
trnetors have fully complied with the pxovisions and reguirernents of the Prevailing
Wage Law.
SECTIO�? 6. The City Clerk is hereby authorized En� dirf�cted to advertise for
bids in the newspaper doing the City printing for the construction of said improve-
ment according to the plans, specifications and estirn��atc; of cost therefor, and in
accordance with law and this or:�inance, and the clerk in advertising for such bids
shall advise bidders of the deposit and bond required by law to be given, and
i'urther advise bidders that no con�cract will be awarded the successful bidder unless
he stipulates in his proposal that he will accept specz�l tax bil7.s in plyment
therefor, and thnt he will in no event hold the City liable for the cost of the
work or �ny part thereof.
SECTIQN 7. The i�ayor of the �ity is he-reby authorized and directed to cnter
into a contract for the City with the Contractor who sb.all he;reafter be awarded the
contract for s»ch i.i�rove�;.ent in accordance with the law and or��inances of the City;
and said contract sh�ll provide that such work of improvc�ment shall be done in
accordance with the said plans, specifications, estimate o.f cos�t9 and this
ordinance.
SECTION 8. ?�Jhen said �.�ork oi improvF;ment h�s been compl.eted as herein provide:
and has further been approvcd h;� tne Cit,y i�U�.�eer in a wri�tten renort thereof, and
when said report has been approved �nd adopted by tt�e Cit.y Council, the cost of
sa�9 work shall he paid for �-aith speci^1 tax bi1.1s issued in favor of the contr�ctoi
who did the u�ork and a�?ainst the lots, tracts and parcels of land frontin� ��d
abuttin� on said imr�rovement along the d�stance ment�.onE:� in proportion to the
n�:mb�r of front fect front�ng or a�uttir.� on said portion of sa�_d strect so ir��provec
a:ld in accordance with the la��, and which sai�l special t�x bi11s s�iall be �elivered
to tlYa said Contractor. Such special tax bills shall bear interest from 6� days
after their date at eight (�) per ccnt, per annum.
SECTIOiv �e This orda.n�nce whall take `:ffect and be in force from and after
t�n days a��'ter its passage unci approval.
�IC
Pasued and approved this aa „� day of _ _,_, 19?�_•
_��nc�t'� � _�- —
Nlayor
n�t�s'�:
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'�ii�c�e Q'`�`�-.� _._.____
City C�ark
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