Section 106-148; Ord. 18453; Determining it is in the public interest to reconstruct Donnelly Avenue from West Boulevard to Hardin Street and from Ridgeway Avenue to Cook Avenue, and to construct a sidewalk along Donnelly Avenue from Hardin Street to Ridgeway Avenue


Ordinance No.            18453                      Council Bill No.            B 77-05           


AN ORDINANCE

determining it is in the public interest to reconstruct Donnelly Avenue from West Boulevard to Hardin Street and from Ridgeway Avenue to Cook Avenue, and to construct a sidewalk along Donnelly Avenue from Hardin Street to Ridgeway Avenue; 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 reconstructing Donnelly Avenue; 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 improvement.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  The Council finds that the construction of a 28 foot wide roadway on Donnelly Avenue from West Boulevard to Hardin Street, and a 32 foot roadway on Donnelly Avenue from Ridgeway Avenue to Hirth Avenue, and a 28 foot roadway on Donnelly Avenue from Hirth Avenue to Cook Avenue, together with a sidewalk on the south side of the road and construction of a sidewalk on the south side of Donnelly Avenue from Hardin Street to Ridgeway Avenue, all including driveway approaches, storm drainage improvements and other miscellaneous work, is necessary for the welfare and improvement of the City and that it is in the public interest that such improvement be made.

    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.

    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, according to the provisions of Section 22-78 of the Code of Ordinances of the City of Columbia, Missouri.

    SECTION 5.  Payment for this improvement shall be made by special tax bills evidencing special assessments levied and assessed against the property specially benefitted by and abutting the improvement in the manner specified by the laws of the State of Missouri and Ordinances of the City of Columbia, in an amount not to exceed $15.00 per abutting front foot; and the balance from Community Development Block Grant (CDBG) Funds, 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.  The City shall also cause to be inserted into the contract a stipulation that all laborers and mechanics employed by the contractor or subcontractors in the performance of work under the contract shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act.

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

    PASSED this 21st day of March, 2005.