Section 110-276; Ord. 20297; Authorizing the City Manager to execute Change Order No. 1 to the contract with Aplex, Inc. for the construction of portions of sidewalk on the north side of Business Loop 70, between Creasy Springs Road and Garth Avenue


Ordinance No. 20297                            Council Bill No. B 141-09

     AN ORDINANCE

authorizing the City Manager to execute Change Order No. 1 to the contract with Aplex, Inc. for the construction of portions of sidewalk on the north side of Business Loop 70, between Creasy Springs Road and Garth 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; and fixing the time when this ordinance shall become effective.

    WHEREAS, construction of sidewalks along portions of Business Loop 70, between Creasy Springs Road and Garth Avenue, was authorized by Ordinance No. 018948 passed on March 20, 2006; and

    WHEREAS, this public improvement has been completed by Aplex, Inc. pursuant to a contract confirmed by Ordinance No. 019241 passed on October 2, 2006; and

    WHEREAS, the Council has received the final report of the Director of Public Works in connection with this sidewalk project, 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 sidewalk 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 sidewalk 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 sidewalk 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 stormwater drainage and improved access; and

    WHEREAS, it is the determination of the Council that the value of the special benefits to those properties fronting and abutting on the sidewalks 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. 1 to the contract with Aplex, Inc. for construction of sidewalks along the north side of Business Loop 70, between Creasy Springs Road and Garth 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 sidewalks and incidental work along Business Loop 70, between Creasy Springs Road and Garth 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 $36.50 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:

LAND-IN-LIMITS SECTION 1, TOWNSHIP 48 NORTH, RANGE 13WEST

PARCEL NUMBER: 1631100000060001
    Against 115 Business Loop 70 West as described in the Quit Claim Deed in Book 797, Page 230, recorded in the Boone County, Missouri, records (abutting 599 feet).     

                            Special Assessment $21,863.50

LAND-IN-LIMITS SECTION 2, TOWNSHIP 48 NORTH, RANGE 13 WEST

PARCEL NUMBER: 1631000030120001
    Against 403 Business Loop 70 West as described in the Warranty Deed in Book 2768, Page 173, recorded in the Boone County, Missouri, records (abutting 77 feet).     

                            Special Assessment $2,810.50     

PARCEL NUMBER: 1631000000120001
    Against 507 Business Loop West as described in the Warranty Deed in Book 793, Page 899, recorded in the Boone County, Missouri, records (abutting 153 feet).

                            Special Assessment $5,584.50    

PARCEL NUMBER: 1631000000100001
    Against 703 Business Loop 70 West as described in the Trustees Deed in Book 2555, Page 16, recorded in the Boone County, Missouri, records (abutting 107.5 feet).
    
                            Special Assessment $3,923.75   

PARCEL NUMBER: 1631000000090001
    Against 705 Business Loop 70 West as shown by the Survey recorded in Book 388, Page 743, recorded in the Boone County, Missouri, records (abutting 310 feet).

                            Special Assessment   $11,315.00    

    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 (60) days, the tax bills shall bear interest at the rate of 3.25% 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 15th day of June, 2009.