Section 107-030; Ord. 18857; Authorizing the City Manager to execute Change Order No. One to the contract with Aplex, Inc. for the Sixth Street improvement project; levying special assessments and authorizing the issuance of special taxbills


Ordinance No. 18857                                               Council Bill No. B 420-05 A

     AN ORDINANCE

authorizing the City Manager to execute Change Order No. One to the contract with Aplex, Inc. for the Sixth Street 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 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 Sixth Street from Wilkes Boulevard to Hickman Avenue was authorized by Ordinance No. 017749 passed on July 7, 2003; and

WHEREAS, this public improvement has been completed by Aplex, Inc. pursuant to a contract confirmed by Ordinance No. 017824 passed on September 2, 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 sum of $15.00 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 Sixth Street 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 Sixth Street 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 $15.00 per front or abutting 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 being as follows:

LAND-IN-LIMITS, BOONE COUNTY SURVEY #4429 IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 48 NORTH, RANGE 13 WEST OF THE BOONE COUNTY, MISSOURI RECORDS.

Against a tract of land as described by a quit-claim deed in Book 2455 at Page 86, said tract being parcel number 1 of the tracts described by a warranty deed in Book 1557 at Page 570, both of the Boone County, Missouri records.  (75 feet of abutting street)
Special Assessment $1,125.00

Against a part of Lot 3 as described by a warranty deed in Book 852 at Page 589 of the Boone County, Missouri records.  (37.5 feet of abutting street)
Special Assessment $562.50

Against a part of Lot 3 as described by a warranty deed in Book 1123 at Page 552 of the Boone County, Missouri records.  (37.5 feet of abutting street)
Special Assessment $562.50

Against a part of Lot 2 as described by a warranty deed in Book 703 at Page 47 of the Boone County, Missouri records.  (150 feet of abutting street)    
Special Assessment $2,250.00

NOWELL=S ADDITION AS SHOWN BY A PLAT RECORDED IN BOOK 80 AT PAGE 177 OF THE BOONE COUNTY, MISSOURI RECORDS.

Against Lot 43.  (22.96 feet of abutting street)
Special Assessment $344.40

Against Lot 42.  (80 feet of abutting street)
Special Assessment $1,200.00

Against Lot 39.  (80 feet of abutting street)
Special Assessment $1,200.00

Against Lot 38.  (80 feet of abutting street)
Special Assessment $1,200.00

Against the south half of Lot 35 as described by a warranty deed in Book 390 at Page 10 of the Boone County, Missouri records.  (40 feet of abutting street)
Special Assessment $600.00

Against the north half of Lot 35 as described by a quit-claim deed in Book 1002 at Page 553 of the Boone County, Missouri records.  (40 feet of abutting street)
Special Assessment $600.00

Against Lot 34.  (80 feet of abutting street)
Special Assessment $1,200.00

Against Lot 31.  (75 feet of abutting street)
Special Assessment $1,125.00

Against a part of Lot 30 as described by a warranty deed in Book 2519 at Page 1 of the Boone County, Missouri records.  (37.5 feet of abutting street)
Special Assessment $562.50

Against a part of Lot 30 as described by a warranty deed in Book 2240 at Page 826 of the Boone County, Missouri records.   (37.5 feet of abutting street)             Special Assessment $562.50

Against Lot 21.  (75 feet of abutting street)  
Special Assessment $1,125.00

Against Lot 20.  (75 feet of abutting street)
Special Assessment $1,125.00

Against Lot 16.  (80 feet of abutting street)
Special Assessment $1,200.00

Against Lot 17.  (80 feet of abutting street)
Special Assessment $1,200.00

Against Lot 13.  (80 feet of abutting street)
Special Assessment $1,200.00

Against the north 52.5 feet of Lot 12 as described by a warranty deed in Book 1014 at Page 46 of the Boone County, Missouri records.  (52.5 feet of abutting street)
Special Assessment $787.50

Against the north 25 feet of Lot 9 and the south 27.5 feet of Lot 12 as described by a warranty deed in Book 744 at Page 470 of the Boone County, Missouri records.  (52.5 feet of abutting street)                                                                          Special Assessment $787.50

Against the south 55 feet of Lot 9 as described by a trustee=s deed in Book 2756 at Page 7 of the Boone County, Missouri records.  (55 feet of abutting street)    
Special Assessment $825.00

NORTHERN ADDITION AS SHOWN BY A PLAT RECORDED IN BOOK 40 AT PAGE 214 OF THE BOONE COUNTY, MISSOURI RECORDS.

Against a part of Lot 19 as described by a quit-claim deed in Book 2371 at Page 125 of the Boone County, Missouri records.  (4.34 feet of abutting street)
Special Assessment $65.10

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 seven per cent per annum on the unpaid balance until paid.

SECTION 7.    The sum of $21,409.50 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, Project C00092 to the Sixth Street Project Account No. 440-8800-528.49-90, Project C00092.

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

PASSED this 17th day of January, 2006.