Section 106-147; Ord. 18452; Determining it is in the public interest to construct sewers in Sanitary Sewer District No. 158 (Old Plank Subdivision)

Ordinance No.             18452                     Council Bill No.            B 76-05           


determining it is in the public interest to construct sewers in Sanitary Sewer District No. 158 (Old Plank Subdivision); approving and adopting plans and specifications; determining that the work shall be done by contract; ordering advertisement for bids; providing for payment for the improvement; authorizing the City Manager to obtain, execute and record all documents necessary for the improvement; providing for compliance with the prevailing wage law; and fixing the time when this ordinance shall become effective.

    WHEREAS, the City Council adopted a resolution declaring the necessity of constructing sewers in Sewer District No. 158 (Old Plank Subdivision); and

    WHEREAS, the resolution was published in a daily newspaper of general circulation in the city; and
    WHEREAS, the City Council has held a public hearing on construction of the sewers.


    SECTION 1.  The Council finds that the construction of sanitary sewers, wye branches, manholes and other necessary appurtenances in Sanitary Sewer District No. 158 (Old Plank Subdivision) in the City of Columbia, Missouri, is necessary for the welfare and improvement of the city and that it is in the public interest that such improvements be made.  The boundaries of the sewer district are described as follows:

A tract of land in the north half (1/2) of the northeast quarter (1/4) of Section 2, Township 47 North Range 13 West; situate in the City of Columbia, Boone County, Missouri, and being further described as follows:

All of Lots 4, 5, 6, 7, 8, 9, 10 and 11 of the Survey of Old Plank Road Subdivision as recorded in Book 8 at Page 37 of the Boone County Records.

    The area of said tract is 5.26 acres.

    SECTION 2.  The plans and specifications for this improvement, as prepared by the Director of Public Works and filed in the office of the City Clerk, are hereby approved and made a part of this ordinance by reference.

    SECTION 3.  The construction of the improvement shall be done by contract in accordance with the plans and specifications, the laws of the State of Missouri, and the Charter and Ordinances of the City of Columbia, Missouri.

    SECTION 4.  The City Clerk is authorized and directed to advertise for bids for the construction of the improvement.  The advertisement shall be published for seven (7) consecutive insertions in a daily newspaper of general circulation in the City of Columbia and shall state that the bids must be filed by 11:15 a.m. on May 3, 2005.  The first publication of the advertisement shall be no later than April 10, 2005.  The advertisement shall refer to the plans and specifications filed in the City Clerk's office and shall advise bidders of the method of payment for the improvement.  The advertisement shall state that the Council reserves the right to reject any and all bids and that, in order to be considered, a bid must be accompanied by a certified check or bid bond with corporate surety for five percent (5%) of the amount of the bid, payable to the City of Columbia. All bids shall be opened by the City Clerk in the chambers where the City Council holds its regular meetings at 11:15 a.m. on May 3, 2005.

    SECTION 5.  Payment for this improvement shall be made by special tax bills evidencing special assessments levied and assessed against the property specially benefitted in Sewer District No. 158 by the improvement in proportion to the area of the whole sewer district exclusive of public streets and highways in the manner specified by the laws of the State of Missouri and the Charter and Ordinances of the City of Columbia, in a unit rate not to exceed $0.2938 per square foot; and the balance from the Sanitary Sewer Utility Fund, and from such other funds as may be lawfully appropriated. The tax bills shall bear interest at a rate of nine percent (9%) from and after the date which is sixty days after their date of issue until paid in full and shall be a lien against the lot, parcel or tract of land benefitted from the improvement and described in the tax bill for a period of ten years from the date of issue unless sooner paid.

    SECTION 6.  The City Manager is authorized to obtain, execute and have recorded all licenses, easements, deeds and any other conveyances or instruments necessary for the City to complete this improvement.

    SECTION 7.  The contract for the improvement shall provide that not less than the prevailing hourly rate of wages, as found by the Department of Labor and Industrial Relations of Missouri, shall be paid to all workers performing work under the contract. The contractor's bond shall guarantee the faithful performance of the prevailing hourly wage clause in the contract.

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

    PASSED this 21st day of March, 2005.