HomeMy WebLinkAboutCityMgrForm.518.08-19-1970 � l
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AN ORDINANCE REAFFIRMII�G THE ACTION OF THE CITY COUAICIL IN DECLARING IT
NECESSARY TO IMPROV�, PRCIVIDIt�TG FOR THE Z1��PROVr,�L�1T, DIftI;CTIr1G THE CITY CLi;3K TO
ADVER.TISE i{OR BIDS TO DO THE WO'3K AND P.�.(7VIDING F'OR TH� ISSiIANC� OF SPI�CIAL, TI�X
3ILLS TN PAYi��TT OF THE COST OF SA:iE, ON THAT PART OF PENRY AVF.I3IT� FR.�+I A POINT
204.6 FEET NORTH OF THE Cr.�itTER OF SCOTT STRF�T TO A P�INT 35 FEET NOR`�H OF THE
CF�?TER OF 6�'AYNE S3'REET
IP1 TH�; CITY OF CAPE GIRI�RDEAU, MISSOUI3.I.
BE IT ORDAIiVED BY THE CITY COUI'�TCTL 0�' THE CITY OF CyPT GIR�'�D�AU, TM1I�SOTJ�tI,
AS FOLLOt-1S:
SECTION l. That the City Council of the City o�' Cape Ctirardeau, iviissouri, has
by resolution is iting, duly adopted at a meeting of said Council held on the
�S't day of �� , 19`�'fl , found and declared it to be necessary tv improv<
that part of Perry A enue
in the City of Cape Girardeau, �lissouri, from a point 20y..6 feet north of the center
of Seott Street to a point 35 Yeet north of the center of Wa3�ne Street
by grading to the established grade and constructi.ng thereon a Fortland Ceinent Concrete
Pavement 6 inches thick and 30 feet i.n width between the back of curbs, except at the
�arious intersecting streets where the paven�ent shall �c constructed as shown on the
plans, to�ether with integral curb along the sides thereof and the necessary pipe and
inlets for the removal of storm water, all as shoWn on the plans �or said improvement
the tota2 distance of sa_id improvement to be approximately 71y„2 feet, and along
which property subject to assessment for said improvement totals approximately
121,2 feet. Said resolution further provided that said work of �mprovement
should be done by contract let in the usual artd ordinary way as provided by law
and ordinance and further provided that special tax bills should b� issued in pay-
ment of the cost of said improvement based on an assossment atainst the property
fronting or abutting on said port3:on.of said street so improved, as provided by
l.aw� and aecording to the plans, specifications and estimate of cost �therefor made
and fiZed with the City Clerk and a�opted by the Council, and in accordance with
this 4rdinance.
SECTION 2. That the Council finds and declares that said resolution has bseM
published in the Southeast �,9�ourian� a daily newspaper printed and published �.n
the City of Cape Girardeau, Missouri, for seven consecutive issues, and that more
than ten days have elapsed since the last publication thereof in said paper, and
that a majority of the resident owners o£ 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 ebutting on said improvement did not within ten days
after the last date of publication of said resolution, file with the City Clerk
their p.rotest against 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 street proposEd in said resolution, hereb� reaffirms its
previaus action 3.n declaring aaid improvements necessary.
SECTION 3. That the Council further fin�s that all re�uirements imposed hy
law and ordinanca for said improvem.ent have beon camplied with and that it thereby
�cquired authority to order said improve:nent and now hereby orders and directs that
that part of Ferry Avenue in the City of Cap� Girardeau, ��lissouri
comtnenci.ng at �c a point 204.6 feet north of the center of Scott Street and
e:ctendi.ng to � point 3� feet north ot the center of Wayne Street
be improved hy gi.ading to the established grade and constructing thereon a Portland
Cem.ent Concrete Pavem,ent 6 inches thick and 30 feet in width between the back of curbs,
except at the various intersecting streets where the pavement shall be constructed as
shawn on the plans, together with intcgral curb along the sides thereof and the
necessary pipe and inlbts for the removal of storm water, all as shown on the plans
for said improvement,
all in accordance with the plans and specifications for said improvement previously
adopted and on file in the office of the City Clerk, with Chapter 8$� R. S.
i�iissouri, and this ordinance.
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�ECTIOIV y,. �'he Council further orders and directs t�iat said work 0f iznp�ove:-
ment on that part of Pc�rry Avenue abflv�e c�.�scri�ed � d:one by
contra�t, and that it be done so that it will in a12 resp�cts comgl� w�.�� �he �ai�
plane and specifications therefor, and that tile cost thereof w3.11 not exceed th�;
eatimatc of cost for said work prepare� by the City F,n�;inec.r and on f ile in the
off�.c� oP the City C].erk and heretofore a�proved by the Council, excEpt sueh �.tems
of work nce�ssary to the proper constructa.on of the improv�ment �rid unforsee� �d
not included in the estimate o#' cost, ax�d saic� wark af i.rnPro�v��isn� shall b� don�
in suc� mannQr a� to compl3* wi.th all a�p�.i�cahle statu�es and Ardinance�. '`�o
ernt��e� s�i�3.3 bc� entered into under autbor�ty of this o�dinar�e tk�at exceeds �he
estimate Qf tl�e whola cos� of the imprcnre�er�t pre�3.ous�y made by thc Cit�r �g�n�;e�r
and abave �e�'erred to. The Council furth�r ff.nds and decl�rQs tha'� in i�s j'��������
the condition of the General Revenrze Fund of the City is such that :�o p$rt o� �hQ
cos� of said improvem�nt sha11 bE pa-id therefrom.
SECTI�N �. That the Prevai.ling �Iourly Wa�e Ftate as d�tsrmined by t�Ze T�epsr�'
ment of Labor and Industria]. Relat�3.csns for the public works pro��ct in t.���
Determination No. �, is a�tache� herc��o and made a pa��t of t�is Qrd�.n�t�o� �i�
refcrence. That the �i�y of Cape Girardeau is authori�ed to contract for �his
public works pro3ect with a Goritr�ctor who will pay his workmen the Prsva3ling
Howr].y Rate of Wages for each type of workman as dete�mi�ed in Wage �etermina�znt�
IVo. �, who wi11 a�ree t4 comply with all pravisions o� th� I're�r��.3,ing Ta��e
Law, and wha is not prohibited hy �he provisions of the Prevailing W�ge T,aw froan
contracting w�.th the City on 8 pUb�.1.0 works presject. 'i'hat� prior to th� final
payrnent to be made to the Contractcar, the C�ty of Cape Girardcau will raquir� tt�a�
the Contractar filQ an Affidavit s��ting th�t the �ar�tractor �n� all ha:s Subeon-
tractors have f�Ii� eompZied with the pro�vis�.ons and require���nts of the �'revailin$
Wage I�aw.
SECTIQid b. The Ca.ty �lerk is h�reby authorized and dir�c�Qd to adv�r��sc �ox
bids in the n�wspaper doing 'the City print�.ng �or th� eonstruct�.on df' said impro��-
m�nt a�carcting ta the plans, spe�i.f�.c�tions �nd es'timat� of cflst th�r�for, and in
acaordanc� w�.th la�r and this Qrdinar�ce, ana �he clmrk in adver'�3.sir�g for snc� bids
shall advise hidders of the deposit and bond required by law to 6� giv�n, and
turther advise bidders that r�o contract will be awarded 'the suceQssful bidd�r un3.e��
he stipula�es in his proposal �hat he w�.l]. aceQpt sp�eial tax bills in pa�nt
therefor, and that he will in no event hold the City liab�.e far the cost af �2��
work or any part thereof.
SECTIfl�i 7. Phe i�ayor of th�: City is l�e�°�b3r auth��ized and c�ir�cted tc� ��'t4r
into a contract �or the City �ith th� G�n`traetor who sha11 here�fter �e �warded th�
contract for suc� improv�mont in accordance with the 7.aw an�. or�-�in�nc�s af 'tho �ity,
and said contract sh�ll provide that such work of imgr�svemen� shal.3. be dane in
accordance witn �the saici plans, �pecifications, Estimate of cost, a�d th��
ordinance.
SECTION 8. �rJhen sai� work af improvemont has t�esn campleted �s Y��;re� prc��z�oi
and has �'urt.i�er been approved hy the Ci�y ��ineer in a urx�3.t��r� re�aF� t�z�r�of, and.
when said report has beer� approved �nd �dopt�d by thc Ci�y Council, the co�t c�f
said work shall be p�id for with speci:al -�ax iail.ls assue� in favar of the co�atrae�taa
who d3.d �he work and a�;aS.nst the lots, �tracts and parc�l� af land fxonting t�nd
abutting on s�id impravament alt�ng the distanc� ment�.ane;3 in proportian to thQ
number of �rant fe�t fronting ar ahutt�.ng an said port�on of sr��.d strect so improvet
and in accordnnce with the 2��w, and wf�.ieh sai� special '�ax bi7.Is s��l�. b� �e�.i�ror�c�
to �he sai.d Ccantractor. Sueh speci�l tax bills sha11 bear intor�st f�om 6� da3r�
after their date at eight (�) per ccnt, per annum.
SECTI4�� 9. This ordinance wha11 tak� effect and be in .forcE �'rorn a.r�d a.fter
t�n days aftEr its pt��s�ge G.nd approval.
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Passed and �pproved this ��,,, day of _ �� �, 197v •
_�C��� � �
Mayor
�,�ctest:
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City Cl�rk
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