Section 107-745; Ord. 19317; Authorizing the City Manager to execute Change Order No. One to the contract with J.C. Industries, Inc. for the reconstruction of Donnelly Avenue, and to construct a sidewalk along Donnelly Avenue; levying special assessments


Ordinance No. 19317                            Council Bill No. B 474-06

     AN ORDINANCE

authorizing the City Manager to execute Change Order No. One to the contract with J.C. Industries, Inc. for the reconstruction of 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; 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 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 was authorized by Ordinance No. 18453 passed on March 21, 2005; and

    WHEREAS, this public improvement has been completed by J.C. Industries, Inc. pursuant to a contract confirmed by Ordinance No. 18508 passed on May 16, 2005; 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 $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 J.C. Industries, Inc. for reconstruction of 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.

    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 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 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 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:

NORTHWEST HIGHLANDS ADDITION AS SHOWN BY PLAT RECORDED IN PLAT BOOK 4, PAGE 6 OF THE BOONE COUNTY, MISSOURI RECORDS.

Parcel # 16-314-00-04-093.00 01
    Against Lot 18 and abutting 180 feet.
                                Special Assessment $2,700.00

Parcel # 16-314-00-04-095.00 01
    Against West 110 feet of Lot 1 as described by a General Warranty Deed recorded in Book 1414 at Page 103 of the Boone County, Missouri records and abutting 99 feet.
                                Special Assessment $1,485.00

Parcel # 16-314-00-04-094.00 01
    Against East 75 feet of Lot 1 as described by a General Warranty Deed recorded in Book 1328 at Page 934 of the Boone County, Missouri records and abutting 75 feet.
                                Special Assessment $1,125.00

PLAT OF THURSTON’ S SUBDIVISION OF LOTS 42 AND 41 AND THE WEST HALF OF LOT 40 OF GARTH’ S SUBDIVISION OF GARTH’ S ADDITION RECORDED IN BOOK 3 AT PAGE 44 OF THE BOONE COUNTY, MISSOURI RECORDS.

Parcel # 16-314-00-11-023.00 01
    Against Lot 11 and abutting 175 feet.
                                Special Assessment $2,625.00

Parcel # 16-314-00-11-024.00 01
    Against Lot 10 and abutting 166 feet.
                                Special Assessment $2,490.00

A.T. AND R.G. CLINKSCALES SUBDIVISION OF A PART OF LOTS M AND N OF FARLEYS SECOND ADDITION RECORDED IN BOOK 4 AT PAGE 30 OF THE BOONE COUNTY, MISSOURI RECORDS.

Parcel # 16-314-00-05-014.00 01
    Against Lot 16 and abutting 55 feet.
                                Special Assessment $825.00

Parcel # 16-314-00-05-015.00 01
    Against Lot 15 and abutting 55 feet.
                                Special Assessment $825.00

Parcel # 16-314-00-05-016.00 01
    Against Lot 14 and abutting 55 feet.
                                Special Assessment $825.00

Parcel # 16-314-00-05-017.00 01
    Against Lot 13 and abutting 55 feet.
                                Special Assessment $825.00

Parcel # 16-314-00-05-018.00 01
    Against Lot 12 and abutting 55 feet.
                                Special Assessment $825.00
Parcel # 16-314-00-05-019.00 01
    Against Lot 11 and abutting 65.1 feet.
                                Special Assessment $976.50

T.N. COATS SUBDIVISION OF LOT 45 OF GARTH’ S SUBDIVISION OF GARTH’ S ADDITION RECORDED IN BOOK 4 AT PAGE 22 OF THE BOONE COUNTY, MISSOURI RECORDS.

Parcel # 16-314-00-06-010.00 01
    Against Lot 10 and abutting 56.06 feet.
                                Special Assessment $840.90

Parcel # 16-314-00-06-011.00 01
    Against Lot 11 and abutting 58.06 feet.
                                Special Assessment $870.90

T.N. COATS SUBDIVISION OF PART OF LOT 45 OF GARTH’ S SUBDIVISION OF GARTH’ S ADDITION RECORDED IN BOOK 4 AT PAGE 22 OF THE BOONE COUNTY, MISSOURI RECORDS.

Parcel # 16-314-00-06-012.00 01
    Against Lot 12 and abutting 58.06 feet.
                                Special Assessment $870.90

Parcel # 16-314-00-06-013.00 01
    Against Lot 13 and abutting 47.06 feet.
                                Special Assessment $705.90

SULLIVAN SUBDIVISION OF LOTS 35 AND 36 OF GARTH’ S SUBDIVISION OF GARTH’ S ADDITION AS RECORDED IN BOOK 4 AT PAGE 11 OF THE BOONE COUNTY, MISSOURI RECORDS.

Parcel # 16-314-00-09-001.00 01
    Against Lot 11 and abutting 195.5 feet.
                                Special Assessment $2,932.50

Parcel # 16-314-00-09-017.00 01
    Against Lot 10 and abutting 145 feet.
                                Special Assessment $2,175.00

Parcel # 16-314-00-09-018.00 01
    Against Lot 1 and abutting 100 feet.
                                Special Assessment $1,500.00

GARTH’ S SUBDIVISION OF GARTH’ S ADDITION AS SHOWN BY A PLAT RECORDED IN BOOK 1 AT PAGE 2 OF THE BOONE COUNTY, MISSOURI RECORDS.

Parcel # 16-314-00-09-018.00 01
    Against a tract of land described by a Deed recorded in Book 330 at Page 177 of the Boone County, Missouri records and abutting 111 feet.
                                Special Assessment $1,665.00

    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 and one-quarter percent (8.25%) per annum on the unpaid balance until paid.

SECTION 7.    The sum of $10,000.00 is hereby appropriated from the Annual Streets Project Account No. 440-8800-528.49-90, C40158 to the Donnelly Avenue Project Account No. 440-8800-528.49-90, C00147.

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

    PASSED this 4th day of December, 2006.