Section 107-131; Ord. 18918; Authorizing Change Order No. Two to the contract with Emery Sapp & Sons, Inc. for reconstruction of Sunflower Street from State Route E (Stadium Boulevard) to Mayberry Drive; levying special assessments


Ordinance No. 18918                            Council Bill No. B 490-05 A

     AN ORDINANCE

authorizing the City Manager to execute Change Order No. Two to the contract with Emery Sapp & Sons, Inc. for reconstruction of Sunflower Street from State Route E (Stadium Boulevard) to Mayberry Drive; 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 made to Sunflower Street from State Route E (Stadium Boulevard) to Mayberry Drive was authorized by Ordinance No. 016470 passed on June 5, 2000; and

WHEREAS, this public improvement has been completed by Emery Sapp & Sons, Inc. pursuant to a contract confirmed by Ordinance No. 016852 passed on April 2, 2001; 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, 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 $10.50 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. Two to the contract with Emery Sapp & Sons, Inc. for reconstruction of Sunflower Street from State Route E (Stadium Boulevard) to Mayberry Drive.

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 Sunflower Street from State Route E (Stadium Boulevard) to Mayberry 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 a rate of $10.50 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:

VALLEY VIEW GARDENS PLAT NO. 8 AS DESCRIBED IN BOOK 10 AT PAGE 103 OF THE BOONE COUNTY, MISSOURI RECORDS.

Against Lot 244 and abutting 18.20 feet.

Special Assessment $191.10

VALLEY VIEW GARDENS PLAT 11 AS RECORDED IN BOOK 11 AT PAGE 60 IN THE BOONE COUNTY, MISSOURI RECORDS.

Against Lot 260 and abutting 85.36 feet.

Special Assessment $896.28

Against Lot 261 and abutting 72 feet.

Special Assessment $756.00

Against Lot 263 and abutting 72 feet.

Special Assessment $756.00

Against Lot 265 and abutting 72 feet.

Special Assessment $756.00

Against Lot 267 and abutting 72 feet.

Special Assessment $756.00

Against Lot 269 and abutting 72 feet.

Special Assessment $378.00

Against Lot 270 and abutting 72 feet.

Special Assessment $378.00

Against Lot 271 and abutting 72 feet.

Special Assessment $378.00

Against Lot 272 and abutting 72 feet.

Special Assessment $756.00

Against Lot 273 and abutting 100 feet.

Special Assessment $1,050.00

Against Lot 276 and abutting 78 feet.

Special Assessment $819.00

Against Lot 277 and abutting 78 feet.

Special Assessment $819.00

Against Lot 278 and abutting 76.82 feet.

Special Assessment $806.61

VALLEY VIEW GARDENS PLAT 13 AS RECORDED IN BOOK 20 AT PAGE 28 IN THE BOONE COUNTY, MISSOURI RECORDS.

Against Lot 319 and abutting 90 feet.

Special Assessment $472.50

Against Lot 321 and abutting 90 feet.

Special Assessment $472.50

Against Lot 322 and abutting 117.33 feet.

Special Assessment $1,231.96

VALLEY VIEW WEST AS RECORDED IN BOOK 28 AT PAGE 32 OF THE BOONE COUNTY, MISSOURI RECORDS.

Against Lot 29 and abutting 115.59 feet.

Special Assessment $1,213.70

LAND-IN-LIMITS SECTION 3, T48N, R13W.

Against a tract of land as described by Warranty Deeds recorded in Book 567 at page 383 and Book 1692 at page 1000 of the Boone County, Missouri records and abutting 189.73 feet.

Special Assessment $1,992.16

LAND-IN-LIMITS SECTION 4, T48N, R13W.

Against a tract of land as described by a Survey recorded in Book 718 at page 549 of the Boone County, Missouri records and abutting 500 feet.

Special Assessment $5,250.00

Against Tracts I and III as described by a Warranty Deed recorded in Book 1058 at page 696 of the Boone County, Missouri records and abutting 285.99 feet.

Special Assessment $3,002.90


Against a tract of land as described by a Warranty Deed recorded in Book 608 at page 587 of the Boone County, Missouri records and abutting 494.74 feet.

Special Assessment $5,194.77

Against a tract of land as described by a Warranty Deed recorded in Book 1265 at page 592 of the Boone County, Missouri records and abutting 500 feet.

Special Assessment $5,250.00

Against a tract of land as described by a Warranty Deed recorded in Book 680 at page 722 of the Boone County, Missouri records and abutting 351.44 feet.

Special Assessment $3,690.12

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 $50,513.40 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 C40193 and $20,928.04 from the unappropriated fund balance of the Sanitary Sewer Utility Fund Account No. 555-0000-351.01-00 to the Sunflower Street Project Account No. 440-8800-528.49-90 Project C40193.

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

    PASSED this 6th day of March, 2006.