Section 107-422; Ord. 19105; Authorizing the City Manager to execute Change Order No. 1 to the contract with Emery Sapp & Sons, Inc. for improvements to Garth Avenue; levying special assessments


Ordinance No. 19105                            Council Bill No. B 254-06 A

     AN ORDINANCE

authorizing the City Manager to execute Change Order No. 1 to the contract with Emery Sapp & Sons, Inc. for improvements to Garth Avenue from Thurman Street north to Blueridge Road and the reconstruction of the Garth Avenue bridge over Bear Creek; 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 tax bills against the lots and parcels of ground specially benefited and abutting the improvements; appropriating funds; and fixing the time when this ordinance shall become effective.

    WHEREAS, construction of improvements to Garth Avenue from Bear Creek north to Blueridge Road, reconstruction of Garth Avenue from Thurman Street to Bear Creek and the reconstruction of the Garth Avenue bridge over Bear Creek was authorized by Ordinance No. 017997 and Ordinance No. 017998 passed on February 16, 2004; and

    WHEREAS, this public improvement has been completed by Emery Sapp & Sons, Inc. pursuant to a contract confirmed by Ordinance No. 018050 passed on April 19, 2004; 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 $12.82 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. 1 to the contract with Emery Sapp & Sons, Inc. for improvements to Garth Avenue from Bear Creek north to Blueridge Road, reconstruction of Garth Avenue from Thurman Street to Bear Creek and the reconstruction of the Garth Avenue bridge over Bear Creek.

    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 Garth Avenue from Bear Creek north to Blueridge Road, reconstruction of Garth Avenue from Thurman Street to Bear Creek and the reconstruction of the Garth Avenue bridge over Bear Creek 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 $12.82 per front foot against the lots and parcels of ground specially benefited 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:

PARKADE ESTATES NORTH AS DESCRIBED IN PLAT BOOK 24 AT PAGE 44 OF THE BOONE COUNTY, MISSOURI RECORDS.

Parcel # 16-307-00-05-001.00 01
    Against Lot 1 and abutting 70 feet.
                                Special Assessment $897.40

Parcel # 16-307-00-05-003.00 01
    Against Lot 3 and abutting 80 feet.
                                Special Assessment $1,025.60

Parcel # 16-307-00-05-014.00 01
    Against Lot 14 and abutting 117.15 feet.
                                Special Assessment $1,501.86

PARKADE HILLS ADDITION NO. 3 AS DESCRIBED IN BOOK 5 AT PAGE 75 OF THE BOONE COUNTY, MISSOURI RECORDS.

Parcel # 16-307-00-02-001.00 01
    Against Lot 66 and abutting 310 feet.
                                Special Assessment $3,974.20

Parcel # 16-307-00-02-002.00
    Against the north 50 feet of Lot 65 as described by a Warranty Deed recorded in Book 2373 at Page 4 of the Boone County, Missouri records and abutting 50 feet.
                                Special Assessment $641.00

Parcel # 16-307-00-02-003.00 01
    Against the south portion of Lot 65 as described by a Warranty Deed recorded in Book 2785 at Page 33 of the Boone County, Missouri records and abutting 127 feet.
                                Special Assessment $1,628.14

PARKADE ESTATES BLOCK II AS DESCRIBED IN PLAT BOOK 8 AT PAGE 26 OF THE BOONE COUNTY, MISSOURI RECORDS.

Parcel # 16-307-00-01-015.00 01
    Against Lot 22 and abutting 100 feet.
                                Special Assessment $1,282.00

HUNTERS GATE PLAT 1 AS SHOWN IN PLAT BOOK 28 AT PAGE 36 OF THE BOONE COUNTY, MISSOURI RECORDS.

Parcel # 11-904-00-05-001.00 01
    Against Lot 1 and abutting 125 feet.
                                Special Assessment $1,602.50

Parcel # 11-904-00-05-002.00 01
    Against Lot 2 and abutting 80 feet.
                                Special Assessment $1,025.60

Parcel # 11-904-00-05-003.00 01
    Against Lot 3 and abutting 80 feet.
                                Special Assessment $1,025.60


Parcel # 11-904-00-05-004.00 01
    Against Lot 4 and abutting 105 feet.
                                Special Assessment $1,346.10

Parcel # 11-904-00-05-036.00 01
    Against Lot 37 and abutting 56 feet.
                                Special Assessment $717.92

ADMINISTRATIVE PLAT OF HUNTERS GATE PLAT 2B AS SHOWN BY A SURVEY RECORDED IN BOOK 1048 AT PAGE 35 RECORDS OF BOONE COUNTY, MISSOURI.

Parcel # 11-904-00-05-100.00 01
    Against Lot 247B and abutting 161.84 feet.
                                Special Assessment $2,074.79

LAND IN LIMITS 36-49-13.

Parcel # 11-904-00-00-006.00 01
    A tract of land described by a Warranty Deed recorded in Book 1148 at Page 674 of the Boone County, Missouri records and abutting 500 feet.
                                Special Assessment $6,410.00

Parcel # 11-904-00-00-004.02 01
    A tract of land described by a Warranty Deed recorded in Book 1548 at Page 505 of the Boone County, Missouri records and abutting 500 feet.
                                Special Assessment $6,410.00

Parcel # 11-904-00-00-005.00 01
    A tract of land as described by a Deed recorded in Book 316 at Page 154 of the Boone County, Missouri records and abutting 500 feet.
                                Special Assessment $6,410.00

    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 benefited 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 eight percent (8%) per annum on the unpaid balance until paid.

    SECTION 7.    The sum of $30,665.00 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 C00129 to the Garth Avenue Project Account No. 440-8800-528.49-90 Project C00129.

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

    PASSED this 3rd day of July, 2006.