Section 103-060 Ord. 17156; Authorizing Change Order No. 1 to Contract w/APAC-Missouri, Inc. RE: Fourth Avenue Improvement Project; Levying Special Tax Bills

authorizing the City Manager to execute Change Order No. One to the contract with APAC-Missouri, Inc. for the Fourth Avenue Improvement Project; setting forth the nature and amount of change; accepting and approving the work; approving the report of the Director of Public Works; levying special assessments and authorizing the issuance of special taxbills against the lots and parcels of ground specially benefited and abutting the improvements; appropriating funds; and fixing the time when this ordinance shall become effective.

WHEREAS, this public improvement has been completed by APAC-Missouri, Inc. pursuant to a contract confirmed by Ordinance No. 016421 passed on May 1, 2000.

WHEREAS, the Council has received the final report of the Director of Public Works in connection with this street construction, has held a public hearing prior to the commencement of the construction and has held a second public hearing regarding the levy and amount of special assessments in connection with the street construction project; and

WHEREAS, the Council has given due consideration to the comments of interested parties, the special benefits to the abutting properties, detriment, if any, to the abutting properties, the effect of the street construction on the present use of the property and general benefits to the general public in making the determinations set forth herein; and

WHEREAS, it is the determination of the Council that the properties fronting and abutting the street have realized one or more of the following special benefits as a result of the construction including, but not limited to, increased property values, salability of the properties, increased potential for future use, improved storm water drainage, improved access and parking; and

WHEREAS, it is the determination of the Council that the value of the special benefits to those properties fronting and abutting on the street is equal to, or greater than, the sum of $13.29 per abutting front foot.

SECTION 1. The City Manager is hereby authorized and directed to execute Change Order No. One to the contract with APAC-Missouri, Inc. for the Fourth Avenue Improvement Project.

SECTION 2. The nature and amount of the change is set forth in Exhibit "A" attached hereto and made a part hereof as fully as if set forth herein verbatim.

SECTION 4. The report of the Director of the Public Works Department, who was charged with the responsibility of personally inspecting the work as it progressed to see that the work was done in accordance with the estimate, plans, specifications and contract, the ordinance governing the same and the Charter of the City is hereby approved and accepted.

SECTION 5. Special assessments are hereby levied at a rate of $ 13.29 per front foot against the lots and parcels of ground specially benefited by this public improvement and fronting or abutting along the distance improved, in proportion to the number of fronting or abutting feet. The assessments are as follows:

Against the east half of Lot 10 as described by a General Warranty Deed as recorded in Book 1736, Page 484 of the Boone County, Missouri Records. (36.5 feet)

Against the west half of Lot 12 as described by a Warranty Deed as recorded in Book 500, Page 779 of the Boone County, Missouri Records. (36.5 feet)

Against the east half of Lot 12 as described by a General Warranty Deed as recorded in Book 1564, Page 585 of the Boone County, Missouri Records. (36.5 feet)

Against the north half of Lot 17 as described by a Deed as recorded in Book 1583, Page 551 of the Boone County, Missouri Records. (73 feet)

Against the west half of Lot 20 as described by a Warranty Deed as recorded in Book 1437, Page 418 of the Boone County, Missouri Records. (36.5 feet)

Against the east half of Lot 20 as described by a Warranty Deed as recorded in Book 1437, Page 421 of the Boone County, Missouri Records. (36.5 feet)

Against the west half of Lot 24 as described by a Warranty Deed as recorded in Book 1646, Page 953 of the Boone County, Missouri Records. (36.5 feet)

Against the east half of Lot 24 as described by a General Warranty Deed as recorded in Book 1593, Page 910 of the Boone County, Missouri Records. (36.5 feet)

Against the west 53 feet of Lot 26 as described by a Warranty Deed as recorded in Book 1583, Page 551 of the Boone County, Missouri Records. (53 feet)

Against the east 20 feet of Lot 26 and the west 19 feet of Lot 27 as described by a Warranty Deed as recorded in Book 415, Page 45 of the Boone County, Missouri Records. (39 feet)

Against the west 39 feet of the east 54 feet of Lot 27 as described by a General Warranty Deed as recorded in Book 1260, Page 759 of the Boone County, Missouri Records. (39 feet)

Against the east 15 feet of Lot 27 and the west 24 feet of Lot 28 as described by a General Warranty Deed as recorded in Book 1332, Page 102 of the Boone County, Missouri Records. (39 feet)

Against the east 39 feet of the west 63 feet of Lot 28 as described by a General Warranty Deed as recorded in Book 1539, Page 807 of the Boone County, Missouri Records. (39 feet)

Against the east 10 feet of Lot 28 and the west 42 feet of Lot 29 as described by a General Warranty Deed as recorded in Book 1583, Page 551 of the Boone County, Missouri Records. (52 feet)

Against the east 31 feet of Lot 29 and the west 21 feet of Lot 30 as described by a General Warranty Deed as recorded in Book 1583, Page 551 of the Boone County, Missouri Records. (52 feet)

Against the east 52 feet of Lot 30 as described by a General Warranty Deed as recorded in Book 1078, Page 368 of the Boone County, Missouri Records. (52 feet)

Against the west 50 feet of Lot 31 as described by a General Warranty Deed as recorded in Book 1406, Page 312 of the Boone County, Missouri Records. (50 feet)

Against the east 23 feet of Lot 31 and the west 27 feet of Lot 32 as described by a General Warranty Deed as recorded in Book 1017, Page 429 of the Boone County, Missouri Records. (50 feet)

Against the east 46 feet of Lot 32 as described by a Warranty Deed as recorded in Book 1105, Page 990 of the Boone County, Missouri Records. (46 feet)

Against the west half of Lot 33 as described by a Quit Claim Deed as recorded in Book 1604, Page 938 of the Boone County, Missouri Records. (36.5 feet)

Against the east half of Lot 33 as described by a Warranty Deed as recorded in Book 1648, Page 775 of the Boone County, Missouri Records. (36.5 feet)

Against Lot 1 and the east 31.5 feet of Lot 2 as described by a Warranty Deed recorded in Book 436, Page 783 of the Boone County, Missouri records. (156.5 feet)

Against the west 82 feet of Lot 2 as described by a Warranty Deed as recorded in Book 1411, Page 705 of the Boone County, Missouri Records. (82 feet)

SECTION 6. The City Clerk is hereby authorized and directed to issue special tax bills immediately against the lots, tracts and parcels of ground as described above which are hereby declared to have been specially benefited in the amounts assessed against them. The tax bills shall be signed by the City Clerk under the corporate seal of the City. The City Clerk shall register the tax bills in the office of the Director of Finance for collection. The special tax bills shall mature and shall be due and payable sixty days after the date of issue. After the expiration of sixty days, the tax bills shall bear interest at the rate of nine per cent per annum on the unpaid balance until paid.

SECTION 7. The sum of $ 30,346.97 is hereby appropriated from the Special Assessment Tax Bills Account No. 440-0000-480.40-00 C00033 to the Fourth Avenue Project Account No. 440-8800-528.49-90 C00033.

SECTION 8. The sum of $ 25,600 is hereby appropriated from the Sanitary Sewer Utility Fund Account No. 555-0000-351.01-00 to the Fourth Avenue Project Account No. 440-8800-528.49-90 C00033.