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Home My WebLink AboutCityMgrForm.531.10-07-1970 CITY NIANAGER FOR�'�i O�DITTAIJCE 1`?0. �� AN ORDINANCE RE�IFFIRNiIidG THE ACTION OF THE CITY COUf�1CTL Ir1 DECLA�ING IT NECESSA�'�Y TO INIPROV�, PRCNIDYi�1G FOR THE I.��'ROVI'ii.�bT, DIfi.L+�CTITIG THE CITY CL�;�:t� TO ADVERTIS� �'OR BIDS TO DO TH� WO?tK AND P�.OVIDING FOR THE ISSUANC� OF SPi�;CI:�� '.C�L: BILLS IN PAYi� +�`TT OF THE COST OF SA-:E, Oi3 THAT PART OF At1 l�I�Z�Y B�T4�i F�DEi�SCK STBEET AND MIDDLE S'�RF�T, FRGNI iH�, NOii�I CURB LINF OF i3 �E'VU�; STREET, ivORTH, a DISTANCE OF 361 .9 F�ET Ii�1 THE� CITY OF CAPE GIRIIRDEAU, MZSSOU�i.I. BE IT ORDAIi�1ED BY Tri� CITY COjIA1CTL OF THfi CITY OF C�P:^ GIR�p�DEAU, :��I'�,��U''�I, AS FOLLDII,�`: 5ECTZOTd 1. That the City Council of the City of Cape Crirardeau, i�iissouri, has by resolution is writing, duly adopted at a meeting of said Council hel.d on the 3 "'� day of S�pf�mb�Y� 1970 , found and declared it to be necessary to improv� that part o£ an alley between Frederick Street and 1�Iiddle Stree� in the City of Cape Girardeau, ��iissouri, from the north curb line of Bellevue Strebt, north, a distance of 361 .9 feet by grading to the established grade and congtructing thereon a I'ortland Cement Concrete Pavement 6 inches thick and 11� fee� in width, all as shown on the plans for said improvement the total distance of sa_id improvement to be approximately 3b1 .9 feat, and along which property subject to assessment for said improvement totala approximately 702 feet. Said resoiution further provided that said work of improvement should be done by contract let in the usual and orclinary way as provided by law and ordinanae and further provided that special ta_ti bills should b� issued in pay- ment of the cost of said improvement based o�1 an assessment a�-ains� the property fronting or abutting on said portian o� said street so improved, as provided by law, and according to the plans, specifications and estim�te of cost ther�for ��de and filed with the City Clerk and a�opted hy the Council, and in accordan�e with this Ordinance. SFCTION 2. That the Council finds and declares that said resolution has been published in the Southeast Migsourian� a daily newspaper printed and p!�blished in the City of Cape Girardeau� Mi,ssotz�i, for seven consecutiv� 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 of lands liable for the cost of said improve ment at the date of the passa�e of said resolution and who also own a �: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, file with the City Clerk their protest a�ainat the a.mprovement 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 alley proposed in said resolution, hereby reaffirms its previous action in declaring eaid improvements necessary. SECTIOI�t 3. That the Council furth�r fin�s that all rec,uirements imposed by law and ordinance .for said improvement have been complied with and that it thereby �cquired authority to order said improvement and now hereby orders and c�irects that that part of said alley in the City of Cape Girardeau, r�iissouri commencing at the north curb 7ane of Bellevue Street and extending north a distance of 3b1 .9 fect be improved by �.��g to the establidhed grade and constructing thereon a Portland Cement Concrete Pavement 6 inches thick and 14 feet in width, ali as shown on the plans for said improvement all in accordance with the plans �nd specifications for said improvement previousl, adopted and on file in the office of the City Clerk, with Chapter 8$, R. S. i�iissouri, and this ordinance. 1 �. �-�L r �,( � � S�CTIO� 4. The Council further orders and directs that said work of improv�- ment on that part of said alley above dcscribed b� donc by contract, and that it be done so that it W111 in all respects comply with the said plans and specifications therefor, and that the cost thereof will not exceed the estimate of cost for said work pr�:pare� b�- the City ��iaee� and on file in the office of the Gity Clerk and heretofore approved by the Council, except such items of work necessary to the proper construction of the imnrovement and unf.orseen and not included in the estimate of cost, and sai:� �.rork of improvement s�all bc� done in such manner as to comply with all applieable statutes and ordinances. :�?o crn�raef� sh�.l bc� entered into under authority of this ordinance that exceeds the estimate of the whole cost of the improvem�ent previously made by the City Lngineer and above referred to. The Council further finds and deciares that in its jud�ement the condition of the General Revenue Fund of the City is such that no part o� the cost of said improvement shall �ae paid therefrom. SECTION 5. That the Frevailing Hourly Wage Rate as d�termine� by the Depart- ment of Labor and Tndustrial Relations for the public works pr.oject in ?aa�e Determination No. 1��, is attache� herc�to and made a part of this Ordinance by refcrence. That �he City of Cape Girardeau is authorized to contraet For this public works project with a Contractor who will pay his workmen the Prevailing Hourly Rate o£ Saages fvr �ach type of workman as determined in Wage Determination �do. ��-A , who will agree to comply with all provisions of the Prevailing Glage 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 payment 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 SuUcon- tractors have fully complied with the provisions and requireiaents of the Prevailing Wage Law. SECTI0��1 6. The City Clerk is hereby authorized and directed to �dvertise for bids in the newspaper daing the City printing for the construction of said improve- ment according to the plans, specifications and estimate of cost therefor, and in aceordance with law �nd this ordinance, and the clerk in advertising for such bids shall advise bidders of the deposit and bond required by law to be given, and further advise bidders that no contract �aill be awar�ed the successful bidder unless he stipulates in his proposal that he will aceept special tax bills in pa�nent therefor, and that he will in no event hold the City liable for the cost o£ the work or any part thereof. SECTION 7. The i�myor of the City is he-reby authorizf�d and directEd to enter into a contract for the City with tho Contractor who shall hc;reaftcr �e a�aarded the contract for such irnprover;�ent in accordance with the law and or�-�inances of the City; and said contract shall provide that such work of improvement shall bc �one in accordance with the said plans, specifications, estimate of cost, and this ordinance. SECTION g. t.Jhen said work of improvement has been campleted as hc,rein provide, and has further been approved h;� the City Lhgine�r in a written repart tlzereof, and whcn sa.id report has been approved and adopted by the City Council, the cost of said work shalJ. be paid for Taith special tar hills issued in favor of the contr€�eto� who did the w�rk and against �he lots, tracts and parcels of land frontin� and a�uttino on said improvement along the d�stance r.lentione� in proportion to the numher of front fect fronting or abuttirg on said portion of said strect so improvec and in accordance with the 1aw, and which sai-.� specia)_ tax bills s.lall be �elivered to �hQ said Car.tractor. Such speci�l �ax bills shall '�ear interest from 6� days after their date at eight (�) per ccnt, per annum. SFCTION �o This ordinance whall take cffect and be in force £rom and a.fter t.n da�s after its p�ssag� and approva�. 7l Passed and approved this _�____ day of _� �., 1970_• `V �:�:!�C��/ (��i�!�y-�-�=6.�s � M��yor �ttest: �i-C-�-�Q-� City Clerk 2