Section 103-552; Ord. 17471; Change Order No. Two to Contract w/J.C. Industries, Inc. RE: Brown Station Road Improvement Project; Authorizing the Assessment of Tax Bills


Ordinance No.            17471              Council Bill No.           B 338-02            

AN ORDINANCE

authorizing the City Manager to execute Change Order No. Two to the contract with J.C. Industries, Inc.  for the Brown Station Road 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 tax bills 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, construction of improvements to Brown Station Road from Route B northward to Starke Avenue was authorized by Ordinance No. 015974 passed on May 3, 1999; and

    WHEREAS, this public improvement has been completed by J.C. Industries, Inc. pursuant to a contract confirmed by Ordinance No. 016043 passed on June 21, 1999.

    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 $10.15 per abutting front foot.

    NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:
    SECTION 1.  The City Manager is hereby authorized and directed to execute Change Order No. Two to the contract with J.C. Industries, Inc. for the Brown Station Road 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 3.  The construction of improvements to Brown Station Road from Route B northward to Starke Avenue is hereby accepted and approved.

    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 $ 10.15 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:

    LAND IN LIMITS 32-49-12

    Against a tract of land as described by Warranty Deed recorded in Book 481, Page 347 of the Boone County, Missouri records. (178.36 feet)
                            Special Assessment    $1,810.35

    Against a tract of land described as Parcel #1 in a Quit Claim Deed recorded in Book 1604, Page 940 of the Boone County, Missouri records. (159.60 feet)
                            Special Assessment    $1,619.94

    Against a tract of land described as Parcel #2 in a Quit Claim Deed recorded in Book 1604, Page 940 of the Boone County, Missouri records. (100 feet)
                            Special Assessment    $1,015.00
    
    Against a tract of land as described by Warranty Deed recorded in Book 447, Page 234 of the Boone County, Missouri records. (100 feet)
                            Special Assessment    $1,015.00

    Against a tract of land as described by Warranty Deed recorded in Book 1786, Page 937 of the Boone County, Missouri records. (100 feet)
                            Special Assessment    $1,015.00

    Against a tract of land as described by Warranty Deed recorded in Book 1651, Page 351 of the Boone County, Missouri records. (100.80 feet)
                            Special Assessment    $1,023.12

    Against a tract of land described as Tract A in a survey recorded in Book 328, Page 273 and a Warranty Deed recorded in Book 1583, Page 551 of the Boone County, Missouri records. (90.25 feet)
                            Special Assessment    $ 916.04

    Against a tract of land described by Quit Claim Deed recorded in Book 1456, Page 103 of the Boone County, Missouri records. (20.05 feet)
                            Special Assessment    $203.51

    Against a tract of land described as Tract 4 of a survey recorded in Book 1315, Page 238 of the Boone County, Missouri records. (500 feet)
                            Special Assessment    $5,075.00

    Against a tract of land described as Tract 1 of a survey recorded in Book 1315, Page 238 of the Boone County, Missouri records. (500 feet)
                            Special Assessment    $5,075.00

    Against a tract of land described as Tract 5 of a survey recorded in Book 1315, Page 238 of the Boone County, Missouri records. (276.32 feet)
                            Special Assessment    $2,804.65

    Against a tract of land as described by Warranty Deed recorded in Book 425, Page 617 of the Boone County, Missouri records. (453.65 feet)
                            Special Assessment    $4,604.55

    Against a tract of land as described by Warranty Deed recorded in Book 886, Page 55 of the Boone County, Missouri records. (500 feet)
                            Special Assessment    $5,075.00

    Against a tract of land as described by Warranty Deed recorded in Book 750, Page 869 of the Boone County, Missouri records. (139.36 feet)
                            Special Assessment    $1,414.50

LAND IN LIMITS 29-49-12

     Against a tract of land as described by Warranty Deed recorded in Book 1057, Page 676 of the Boone County, Missouri records. (154.75 feet)
                            Special Assessment    $1,570.71

    Against a tract of land as described by Warranty Deed recorded in Book 250, Page 398 of the Boone County, Missouri records. (500 feet)
                            Special Assessment    $5,075.00

    Against a tract of land as described by Warranty Deed recorded in Book 1583, Page 551 of the Boone County, Missouri records. (299.53 feet)
                            Special Assessment    $3,040.23

    Against a tract of land as described by Warranty Deed recorded in Book 1304, Page 591 of the Boone County, Missouri records. (500 feet)
                            Special Assessment    $5,075.00

    Against Tract 3 as described by Warranty Deed recorded in Book 1374, Page 145 of the Boone County, Missouri records. (326.98 feet)
                            Special Assessment    $3,318.85

    Against a tract of land as described by Warranty Deed recorded in Book 553, Page 267 of the Boone County, Missouri records. (138.30 feet)
                            Special Assessment    $1,403.74

    Against a tract of land as described by Warranty Deed recorded in Book 1556, Page 475 of the Boone County, Missouri records. (500 feet)
                            Special Assessment    $5,075.00

FINAL PLAT OF GUILL SUBDIVISION, PLAT NO. 2, A REPLAT OF LOT 1 OF BALL & NUFFER SUBDIVISION AS RECORDED IN PLAT BOOK 11, PAGE 297 OF THE BOONE COUNTY, MISSOURI RECORDS.

    Against Lot 13 (64.44 feet)        Special Assessment    $ 654.07

    Against Lot 12 (109.73 feet)    Special Assessment    $ 1,113.76

    Against Lot 2 (77.23 feet)        Special Assessment    $ 783.88

BLUE RIDGE SUBDIVISION, PLAT NO. 17, REPLAT OF LOT 2 BLUE RIDGE SUBDIVISION, PLAT NO. 14 AS RECORDED IN BOOK 13, PAGE 13 OF THE BOONE COUNTY, MISSOURI RECORDS.

    Against Lot 2 (80.98 feet)        Special Assessment    $ 821.95

    Against Lot 1 (80.98 feet)        Special Assessment    $ 821.95

BALL AND NUFFER SUBDIVISION AS RECORDED IN BOOK 289, PAGE 178 OF THE BOONE COUNTY, MISSOURI RECORDS

    Against Lot 10 (172.80 feet)    Special Assessment    $ 1,753.92

FINAL PLAT BLUE RIDGE SUBDIVISION, PLAT 12 AS RECORDED IN PLAT BOOK 11, PAGE 237 OF THE BOONE COUNTY, MISSOURI RECORDS

    Against Lot 1 (125.19 feet)        Special Assessment    $ 1,270.68
    Against Lot 5 (101.03 feet)        Special Assessment    $ 1,025.45

    Against Lot 6 (Galloway Condominiums)
            (109.93 feet)        Special Assessment    $ 1,115.79

BLUE RIDGE SUBDIVISION, PLAT NO. 14, REPLAT OF LOT 7 BLUE RIDGE SUBDIVISION, PLAT 12 RECORDED IN BOOK 13, PAGE 13 OF THE BOONE COUNTY, MISSOURI RECORDS

    Against a tract of land described in section 6 of a Quit Claim Deed recorded in Book 1285, Page 588 of the Boone County, Missouri records. (138.32 feet)
                    Special Assessment    $1,403.95

FARMWAY COLUMBIA SUBDIVISION, PLAT 2 AS RECORDED IN BOOK 19, PAGE 54 OF THE BOONE COUNTY, MISSOURI RECORDS

    Against Lot 15 (500 feet)        Special Assessment    $ 5,075.00

    Against Lot 1 (159.56 feet)        Special Assessment    $ 1,619.53

ADMINISTRATIVE PLAT LOTS 8, 9, 10, 11, 12, 13 AND 14 FARMWAY COLUMBIA SUBDIVISION PLAT 2 AS RECORDED IN BOOK 1690, PAGE 711 OF THE BOONE COUNTY, MISSOURI RECORDS

    Against Lot 1 (252.84 feet)        Special Assessment    $ 2,566.33

    Against Lot 2 (200.32 feet)        Special Assessment    $ 2,033.25

BLUE RIDGE SUBDIVISION, PART NO. 4, BLOCK 15 AS RECORDED IN BOOK 337, PAGE 304 AND PLAT BOOK 7, PAGE 25 OF THE BOONE COUNTY, MISSOURI RECORDS

    Against a part of Lot 18 as described by Warranty Deed recorded in Book 944, Page 516 and the north 5 feet of Lawnridge Court vacated by ordinance recorded in Book 465, Page 128 of the Boone County, Missouri records. (125 feet)
                    Special Assessment    $1,268.75

    Against the north one-half of Lot 18 in Block 15 described by Warranty Deed recorded in Book 471, Page 691 and further described in a document recorded in Book 341, Page 587 of the Boone County, Missouri records. (120 feet)
                    Special Assessment    $1,218.00

HIDDEN LAKE SUBDIVISION, PLAT 1 AS RECORDED IN PLAT BOOK 17, PAGE 18 OF THE BOONE COUNTY, MISSOURI RECORDS

    Against Lot 1 (29.91 feet)    Special Assessment    $ 303.59

ELM GROVE SUBDIVISION RECORDED IN BOOK 289, PAGE 52 OF THE BOONE COUNTY, MISSOURI RECORDS

    Against Lot 14 (185.40 feet)    Special Assessment    $ 1,881.81

BLUE RIDGE SUBDIVISION, PART NO. 5 AS RECORDED IN PLAT BOOK 8, PAGE 18 OF THE BOONE COUNTY, MISSOURI RECORDS

    Against Lot 8, Block 3        Special Assessment    $ 1,269.76
                (125.10 feet)    

THE OAKS, PLAT 1 AS RECORDED IN PLAT BOOK 29, PAGE 5 OF THE BOONE COUNTY, MISSOURI RECORDS

    Against Lot 76 (115.04 feet)        Special Assessment    $ 1,167.66

ELM GROVE #2 SUBDIVISION RECORDED IN PLAT BOOK 13, PAGE 40 OF THE BOONE COUNTY, MISSOURI RECORDS

    Against Lot 3 (85.79 feet)        Special Assessment    $ 870.77

    Against Lot 2 (66.60 feet)        Special Assessment    $ 675.99

    Against Lot 1 (74.60 feet)        Special Assessment    $ 757.19

FINAL PLAT PREMIER SUBDIVISION RECORDED IN PLAT BOOK 29, PAGE 71 OF THE BOONE COUNTY, MISSOURI RECORDS

    Against Lot 1 (94.56 feet)        Special Assessment    $ 959.78

    Against Lot 7 (114.70 feet)        Special Assessment    $ 1,164.20

FINAL PLAT SHERWOOD HEIGHTS REARRANGEMENT OF LOTS 16-24 RECORDED IN PLAT BOOK 11, PAGE 225 OF THE BOONE COUNTY, MISSOURI RECORDS


    Against Lot 1 (112.49 feet)        Special Assessment    $ 1,141.77

SHERWOOD HEIGHTS SUBDIVISION RECORDED IN PLAT BOOK 8, PAGE 50 OF THE BOONE COUNTY, MISSOURI RECORDS

    Against Lot 1 (122.60 feet)        Special Assessment    $ 1,244.39

BODARDVILLE SUBDIVISION BLOCK I RECORDED IN PLAT BOOK 371, PAGE 216 OF THE BOONE COUNTY, MISSOURI RECORDS
    Against Lot 17 (140.80 feet)        Special Assessment    $ 1,429.12

    Against Lot 1 (145.65 feet)            Special Assessment    $ 1,478.35

BODARDVILLE SUBDIVISION BLOCK II RECORDED IN PLAT BOOK 10, PAGE 30 OF THE BOONE COUNTY, MISSOURI RECORDS

    Against Lot 30 (133.25 feet)        Special Assessment    $ 1,352.49

    Against Lot 1 (135.15 feet)            Special Assessment    $ 1,371.77

SURVEY #7593 OF FRASIER’S SUBDIVISION OF SURVEY #7592 AS RECORDED IN THE BOONE COUNTY, MISSOURI RECORDS

    Against a tract of land as described by Warranty Deed recorded in Book 1025, Page 983 of the Boone County, Missouri records. (100 feet)
                    Special Assessment    $1,015.00

    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 $ 99,238.31 is hereby appropriated from funds received from special assessment tax bills and placed in the Special Assessment Tax Bills Revenue Account No. 440-0000-480.40-00 C80109 to the Brown Station Road Project Account No. 440-8800-528.49-90 C80109.

    SECTION 8.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 21st day of October, 2002.