Section 106-636; Ord. 18744; Authorizing the City Manager to execute Change Order No. One to the contract with Aplex, Inc. for the 2003 Annual Sidewalk Project; levying special assessments and authorizing the issuance of special taxbills


Ordinance No.            18744                      Council Bill No.            B 386-05 A           

AN ORDINANCE

authorizing the City Manager to execute Change Order No. One to the contract with Aplex, Inc. for the 2003 Annual Sidewalk 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; and fixing the time when this ordinance shall become effective.

    WHEREAS, construction of sidewalks along portions of Bethel Street, Chapel Hill Road, Southampton Drive, Clark Lane, Silvey Street, Worley Street, Bernadette Drive, Chinaberry Drive and Lacewood Drive was authorized by Ordinance No. 017822 passed on September 2, 2003; and

    WHEREAS, this public improvement has been completed by Aplex, Inc. pursuant to a contract confirmed by Ordinance No. 017875 passed on October 20, 2003; and

    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, marketability 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 rates provided in Section 5 of this ordinance.

    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 2003 Annual Sidewalk 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  Bethel Street, Chapel Hill Road, Southampton Drive, Clark Lane, Silvey Street, Worley Street, Bernadette Drive, Chinaberry Drive and Lacewood Drive 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 the following rates:

    Bethel Street        $4.631915 per sq. foot of sidewalk abutting parcel
    Chapel Hill Road    $4.290583 per sq. foot of sidewalk abutting parcel
    Southampton Drive    $5.734127 per sq. foot of sidewalk abutting parcel
    Clark Lane        $5.75 per sq. foot of sidewalk abutting parcel
    Silvey Street        $6.25 per sq. foot of sidewalk abutting parcel
    Worley Street        $8.799021 per sq. foot of sidewalk abutting parcel
    Bernadette Drive    $8.799021 per sq. foot of sidewalk abutting parcel
    Chinaberry Drive    $4.494297 per sq. foot of sidewalk abutting parcel
    Lacewood Drive    $4.494297 per sq. foot of sidewalk abutting parcel

These rates are hereby assessed against the lots and parcels of ground specially benefitted by the public improvement and fronting or abutting along the distance improved.  The assessments are as follows:

    LAND-IN-LIMITS, IN THE WEST HALF OF SECTION 25 AND THE EAST HALF OF SECTION 26, TOWNSHIP 48 NORTH, RANGE 13 WEST.

    Against a tract of land as described by a beneficiary deed in Book 1681 at Page 330, said tract being part of a survey recorded in Book 364 at Page 163, both of the Boone County, Missouri records.  (2,376.90 square feet of abutting sidewalk along Bethel Street)
                            Special Assessment $11,009.60

    Against a tract of land as described by a beneficiary deed in Book 1681 at Page 330, said tract being Tract B of a survey recorded in Book 586 at Page 328, both of the Boone County, Missouri records.  (678.10 square feet of abutting sidewalk along Bethel Street)
                            Special Assessment $3,140.90

    LAND-IN-LIMITS, IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER  OF SECTION 21, TOWNSHIP 48 NORTH, RANGE 13 WEST.

Against a tract of land as described by a warranty deed in Book 492 at Page 70, said tract also being described by a survey recorded in Book 374 at Page 860, both of the Boone County, Missouri records.  (2305 square feet of abutting sidewalk along Chapel Hill Road)
                            Special Assessment $9,889.79

    Against a tract of land as described by a warranty deed in Book 399 at Page 963 of the Boone County, Missouri records.  (578 square feet of abutting sidewalk along Chapel Hill Road)
                            Special Assessment $2,479.96
    
    BEDFORD WALK PLAT THREE AS SHOWN BY A PLAT RECORDED IN PLAT BOOK 28 AT PAGE 33 OF THE BOONE COUNTY, MISSOURI RECORDS.

    Against Lot 278.  (398.14 square feet of abutting sidewalk along Southampton Drive)
                            Special Assessment $2,282.99

    LIBERTY SQUARE BLOCK ONE AS SHOWN BY A PLAT RECORDED IN PLAT BOOK 27 AT PAGE 38 OF THE BOONE COUNTY, MISSOURI RECORDS.
    Against Lot 1.  (1,250 square feet of abutting sidewalk along Clark Lane)
                            Special Assessment $7,187.50

    SMITHTON RIDGE PLAT ONE AS SHOWN BY A PLAT RECORDED IN PLAT BOOK 32 AT PAGE 24 OF THE BOONE COUNTY, MISSOURI RECORDS.

    Against Lot 3.  (770 square feet of abutting sidewalk along Silvey Street)
                            Special Assessment $4,812.50

    K-MART SUBDIVISION AS SHOWN BY AN ADMINISTRATIVE PLAT RECORDED IN BOOK 2716 AT PAGE 64 OF THE BOONE COUNTY, MISSOURI RECORDS.

    Against Lot 1A.  (5,433.45 square feet of abutting sidewalk along West Worley Street and Bernadette Drive)
                            Special Assessment $47,809.04

    Against Lot 1B.  (1,971.55 square feet of abutting sidewalk along West Worley Street and Bernadette Drive)
                            Special Assessment $17,347.71

    BLUFF CREEK ESTATES PLAT THREE-F (3-F) AS SHOWN BY A PLAT RECORDED IN PLAT BOOK 30 AT PAGE 29 OF THE BOONE COUNTY, MISSOURI RECORDS.

    Against Lot 3-F.  (1,541.04 square feet of abutting sidewalk along Chinaberry Drive and Lacewood Drive)
                            Special Assessment $6,925.89

    LAND-IN-LIMITS, IN THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 48 NORTH, RANGE 12 WEST.

    Against parcel number six of the tracts of land described by a corporation warranty deed in Book 1587 at Page 928, said tract being part of Tracts B and D of the survey recorded in Book 891 at Page 500, both of the Boone County, Missouri records. (869.96 square feet of abutting sidewalk along Chinaberry Drive)
                            Special Assessment $3,909.86

    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 per cent per annum on the unpaid balance until paid.

    SECTION 7.    This ordinance shall be in full force and effect from and after its passage.

    PASSED this 17th  day of October, 2005.