Section 105-027; Ord. 17958; Authorizing the City Manager to execute Change Order No. One to the contract with Aplex, Inc. for the Third Avenue (from Garth Avenue to Providence Road) project; levying special assessments


Ordinance No.           17958                           Council Bill No.           B 6-04          

                    
AN ORDINANCE

        authorizing the City Manager to execute Change Order No. One to the contract with Aplex, Inc. for the Third Avenue (from Garth Avenue to Providence Road) 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 benefitted and abutting the improvements; appropriating funds; and fixing the time when this ordinance shall become effective.

    WHEREAS, construction of improvements to Third Avenue (from Garth Avenue to Providence Road) was authorized by Ordinance No. 017212 passed on March 18, 2002; and

    WHEREAS, this public improvement has been completed by Aplex, Inc. pursuant to a contract confirmed by Ordinance No. 017311 passed on May 20, 2002.

    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 $ 13.46 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. One to the contract with Aplex, Inc. for the  Third Avenue (from Garth Avenue to Providence Road) 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 Third Avenue (from Garth Avenue to Providence Road) 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 $ 13.46 per front foot against the lots and parcels of ground specially benefitted 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:

GUITAR’S SUBDIVISION AND PARK ADDITION AS SHOWN BY A PLAT RECORDED IN PLAT BOOK 1 AT PAGE 16 OF THE BOONE COUNTY, MISSOURI RECORDS.

    Against the east 50 feet of Lot 35 as described by a Trustees General Warranty Deed recorded in Book 1290 at Page 149 of the Boone County, Missouri records and abutting 50 feet.
                            Special Assessment $673.00

    Against the west 23 feet of Lot 35 and the east 33 feet of Lot 36 as described by a Warranty Deed recorded in Book 958 at Page 833 of the Boone County, Missouri records and abutting 56 feet.
                            Special Assessment $753.76

    Against the west 40 feet of Lot 36 as described by a Warranty Deed recorded in Book 2116 at Page 786 of the Boone County, Missouri records and abutting 40 feet.
                            Special Assessment $538.40

    Against the east 49 feet of Lot 37 as described by a Warranty Deed recorded in Book 1650 at Page 45 of the Boone County, Missouri records and abutting 49 feet.
                            Special Assessment $659.54

    Against the west 24 feet of Lot 37 and the east 24 feet of Lot 38 as described by a Warranty Deed recorded in Book 1372 at Page 975 of the Boone County, Missouri records and abutting 48 feet.
                            Special Assessment $646.08

    Against the west 49 feet of Lot 38 as described by a Warranty Deed recorded in Book 1287 at Page 521 of the Boone County, Missouri records and abutting 49 feet.
                            Special Assessment $659.54

    Against Lot 39 and abutting 73 feet.
                            Special Assessment $982.58

    Against Lot 40 and abutting 73 feet.
                            Special Assessment $982.58

    Against Lot 41 and abutting 73 feet.
                            Special Assessment $982.58

    Against Lot 42 and abutting 73 feet.
                            Special Assessment $982.58

    Against the east half of Lot 43 as described by a Warranty Deed recorded in Book 1583 at Page 551 of the Boone County, Missouri records and abutting 36.5 feet.
                            Special Assessment $491.29

    Against the west half of Lot 43 as described by a Warranty Deed recorded in Book 483 at Page 644 of the Boone County, Missouri records and abutting 36.5 feet.
                            Special Assessment $491.29

    Against Lot 44 and abutting 73 feet.
                            Special Assessment $982.58

    Against the east half of Lot 45 as described by a Warranty Deed recorded in Book 1129 at Page 167 of the Boone County, Missouri records and abutting 36.5 feet.
                            Special Assessment $491.29

    Against the west half of Lot 45 as described by a Warranty Deed recorded in Book 2131 at Page 489 of the Boone County, Missouri records and abutting 36.5 feet.
                            Special Assessment $491.29

    Against Lot 46 and abutting 73 feet.
                            Special Assessment $982.58

    Against Lot 47 and abutting 73 feet.
                            Special Assessment $982.58

    Against the east half of Lot 48 as described by a Warranty Deed recorded in Book 459 at Page 292 of the Boone County, Missouri records and abutting 36.5 feet.
                            Special Assessment $491.29

    Against the west half of Lot 48 and the east 13 feet of Lot 49 as described by a Warranty Deed recorded in Book 593 at Page 817 and a Quit Claim Deed recorded in Book 606 at Page 31 of the Boone County, Missouri records and abutting 49.5 feet.
                            Special Assessment $666.27
    Against the west 60 feet of Lot 49 as described by a Warranty Deed recorded in Book 1180 at Page 594 of the Boone County, Missouri records and abutting 60 feet.
                            Special Assessment $807.60

    Against Lot 50 as described by a Warranty Deed recorded in Book 1550 at Page 848 of the Boone County, Missouri records and abutting 73 feet.
                            Special Assessment $982.58

    Against Lot 51 as described by a Warranty Deed recorded in Book 1550 at Page 848 of the Boone County, Missouri records and abutting 39.5 feet.
                            Special Assessment $531.67

    Against Lot 52 as described by a Warranty Deed recorded in Book 1636 at Page 904 of the Boone County, Missouri records and abutting 39.5 feet.
                            Special Assessment $531.67

    Against Lot 53 and abutting 73 feet.
                            Special Assessment $982.58

    Against the west half of Lot 54 as described by a Warranty Deed recorded in Book 1261 at Page 762 of the Boone County, Missouri records and abutting 36.5 feet.
                            Special Assessment $491.29

    Against the east half of Lot 54 as described by a Warranty Deed recorded in Book 700 at Page 53 of the Boone County, Missouri records and abutting 36.5 feet.
                            Special Assessment $491.29

    Against Lot 55 and abutting 73 feet.
                            Special Assessment $982.58

    Against the west half of Lot 56 as described by a Warranty Deed recorded in Book 1593 at Page 648 of the Boone County, Missouri records and abutting 36.5 feet.
                            Special Assessment $491.29

    Against the east half of Lot 56 as described by a Warranty Deed recorded in Book 1593 at Page 648 of the Boone County, Missouri records and abutting 36.5 feet.
                            Special Assessment $491.29

    Against Lot 57 and abutting 73 feet.
                            Special Assessment $982.58

    Against the west half of Lot 58 as described by a Warranty Deed recorded in Book 1593 at Page 648 of the Boone County, Missouri records and abutting 36.5 feet.
                            Special Assessment $491.29

    Against the east half of Lot 58 as described by a Warranty Deed recorded in Book 2145 at Page 486 of the Boone County, Missouri records and abutting 36.5 feet.
                            Special Assessment $491.29

    Against Lot 59 and abutting 73 feet.
                            Special Assessment $982.58

    Against Lot 60 and abutting 73 feet.
                            Special Assessment $982.58

    Against the west half of Lot 61 as described by a Warranty Deed recorded in Book 1736 at Page 484 of the Boone County, Missouri records and abutting 36.5 feet.
                            Special Assessment $491.29

    Against the east half of Lot 61 as described by a Warranty Deed recorded in Book 1736 at Page 484 of the Boone County, Missouri records and abutting 36.5 feet.
                            Special Assessment $491.29

    Against Lot 62 and abutting 73 feet.
                            Special Assessment $982.58

    Against Lot 63 and abutting 73 feet.
                            Special Assessment $982.58

    Against Lot 64 and abutting 73 feet.
                            Special Assessment $982.58

    Against Lot 65 and abutting 73 feet.
                            Special Assessment $982.58

    Against Lot 66 and abutting 73 feet.
                            Special Assessment $982.58

    Against Lot 67 and abutting 73 feet.
                            Special Assessment $982.58

    Against Lot 68 and abutting 73 feet.
                            Special Assessment $982.58

    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 benefitted 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 percent per annum on the unpaid balance until paid.

    SECTION 7.  The sum of $ 8,465.90 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 C00086 to the Third Avenue Project Account No. 440-8800-528.49-90 C00086.

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

    PASSED this 20th day of January, 2004.