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HomeMy WebLinkAboutOrd.3914.04-21-2008 BILL NO. 08-53 ORDINANCE NO. AN ORDINANCE LEVYING A SPECIAL ASSESSMENT FOR THE SANITARY SEWER IMPROVEMENTS IN SEWER DISTRICT 17-D TO SERVE WHITE OAKS SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI, AND AUTHORIZING THE ISSUANCE OF SPECIAL TAX BILLS THEREFOR BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE 1. That the work of sanitary sewer improvements in Sewer District 17-D to serve White Oaks Subdivision, and all other necessary appurtenances, as shown on the plans and specifications for said improvements, in the City of Cape Girardeau, Missouri, authorized by Ordinance No. 3791 entitled, "AN ORDINANCE REAFFIRMING THE ACTION OF THE CITY COUNCIL DECLARING IT NECESSARY TO IMPROVE, PROVIDING FOR THE IMPROVEMENT, DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT TO DO THE WORK, AND PROVIDING FOR THE MANNER OF PAYMENT OF THE WORK TO MAKE SANITARY SEWER IMPROVEMENTS IN SEWER DISTRICT NO. 17-D TO SERVE WHITE OAKS SUBDIVISION" , passed and adopted February 20, 2007, is hereby approved and accepted. ARTICLE 2. That there be and there hereby is levied a special assessment against the owners and the lots and tracts of land herein described, pursuant to Ordinance No. 3791, to pay the cost of the extension of sanitary sewer services to White Oaks Subdivision, in the City of Cape Girardeau, Missouri, as follows: Name Description of Parcel Acreage Assessment per Parcel Number of Parcel Acre Address $5,023.39650 1. Larry Edward Frankum Revocable Trust All of Lots One and Two of 2.75 $13,814.34 White Oaks Subdivision in the 20-500-00-09-01000 County of Cape Girardeau, Missouri, as shown by Plat Mail: Book 13, Page 31, of the land 141 White Oaks Lane records of Cape Girardeau Cape Girardeau, MO 63701 County, Missouri, as recorded in Document 2006.09108. 2. Judy Ann(Throckmorton) Koch All of Lot Three of White Oaks 1.59 $7,987.20 Revocable Trust Subdivision in Cape Girardeau County, Missouri as shown by 20-500-00-09-00900 plat recorded in Plat Book 13 at Page 31, as recorded in Book Mail: 863, Page 439. 205 White Oaks Lane Cape Girardeau, MO 63701 3.John C. Tlapek Revocable Trust U/A All of Lot Four, White Oaks 1.99 $ 9,996.56 Subdivision in the County of 20-500-00-09-00800 Cape Girardeau, Missouri, as shown by plat recorded in Plat Mail: Book 13, Page 31, as recorded 271 White Oaks Lane in Book 902, Page 327. Cape Girardeau, MO 63701 4. R.A. & Priscilla S. Miller All of Lot Five of White Oaks 2.16 $10,850.54 Subdivision in the County of 20-500-00-09-00700 Cape Girardeau, Missouri, as shown by plat recorded in Plat Mail: Book 13 at Page 31, as recorded 323 White Oaks Lane in Book 522, Page 18. Cape Girardeau, MO 63701 5. John Marshall & Elizabeth T. Jung All of Lot 6 in White Oaks 2.40 $12,056.15 Subdivision as shown in Plat 20-500-00-09-00600 Book 1 at Page 4 as recorded in Book 417, Page 324. All of Lot Mail: 7 of White Oaks, a subdivision 345 White Oaks Lane of Part of Fractional Section 15 Cape Girardeau, MO 63701 and part of U.S. Private Survey 317, all in Township 30 North, Range 13 East, Cape Girardeau County, Missouri,as recorded in Book 381, Pae 820. 6. Donald E. & Charlotte A. Edwards All of Lot Eight and the South 2.25 $11,302.64 half of Lot Seven of White Oaks 20-500-00-09-00500 Subdivision in the county of Cape Girardeau, Missouri, as Mail: shown in Plat Book 13 at page 348 White Oaks Lane 31, as recorded in Book 488, Cape Girardeau, MO 63701 Page 859 and Book 984, Page 066. 7. Jerre A. Hall Revocable Trust All of Lot Nine of White Oaks 2.61 $13,111.06 Subdivision in the County of 20-500-00-09-00400 Cape Girardeau, Missouri, as shown recorded in Plat Book 13 Mail: at page 31, as recorded in 318 White Oaks Lane Document 2002-06647 Cape Girardeau, MO 63701 8. Carl Nelson &Rita Jane Ringer All of Lot 10 of White Oaks 2.39 $12,005.92 Subdivision, a subdivision of 20-500-00-09-00300 Part of Fractional Section 15 and part of U.S. Private Survey Mail: 317, all in Township 30 North, 260 White Oaks Lane Range 13 East, Cape Girardeau Cape Girardeau, MO 63701 County, Missouri, as recorded in Book 381,Pae 822. -2- 9. Jery L. Kinder Revocable Trust All of Lot Eleven of White 2.79 $14,015.28 Oaks Subdivision in the County 20-500-00-09-00200 of Cape Girardeau, Missouri, as shown by plat recorded in Plat Mail: Book 13 at page 31,as recorded 184 White Oaks Lane in Book 904, Page 242. Cape Girardeau, MO 63701 10. Charles Patrick&Nancy K. Godwin All of Lot Twelve of White 2.27 $11,403.11 Oaks Subdivision in the County 20-500-00-09-00100 of Cape Girardeau, Missouri, as recorded in Plat Book 13 at Mail: Page 31, as recorded in 138 White Oaks Lane Document 2004-04702. Cape Girardeau, MO 63701 23.2 acres $116,542.80 ARTICLE 3. These Special Tax Bills bear interest at a rate of three and sixty-two one hundredths percent (3 . 620%) , per annum, and shall become due and payable sixty (60) days after the date of issue thereof, unless a proper request for installment payments is filed with the City Clerk within that sixty (60) day period. Every Special Tax Bill shall be a lien against the lot or tract or parcel of land described in said Special Tax Bills for a period of ten (10) years after date of issue, unless sooner paid, except in the case of Special Tax Bills payable in installments, the lien of which shall not expire until one (1) year after the date of maturity of the last annual installment, and except in any case where it becomes necessary to bring suit to enforce the lien of any Special Tax Bill, the lien of which shall continue until the expiration of the litigation. All Special Tax Bills payable in installments shall be due and payable in ten (10) annual installments . One tenth (1/10th) of the amount assessed in these Special Tax Bills shall be payable in the first year after the date of issuance, plus interest at a rate of three and sixty-two one hundredths percent (3 . 620%) payable annually, on the outstanding balance of the tax bill and one tenth (1/10th) of the tax bill plus interest as specified above shall be payable on each successive anniversary thereof for nine (9) years thereafter. If any installment including principal and interest, is not paid when due, then all of the remaining installments shall, at the option of the holder of these tax bills, become immediately due and payable, provided that the owner of the property shall have the privilege of paying the whole of any tax bill in full at any time, or on any annual installment payment date or of paying in full one (1) or more of the remaining installments not of maturity date . In all actions to enforce any Special Tax Bill, the Court shall fix and allow a reasonable Attorney fee, not to exceed ten (10) percent of the amount of said tax bill, to the plaintiff ' s -3- attorney for his services in the prosecution of said action, and shall tax the same as costs in the proceeding. ARTICLE 4. The Final Report of the City Engineer is attached hereto, and all the information contained therein is hereby approved and incorporated herein by reference . ARTICLE 5. The City Clerk hereby is authorized to make out and issue tax bills against the lots and tracts of land herein described for the amounts assessed against them in evidence of such assessment and payable to the City of Cape Girardeau, Missouri . The said tax bills shall be signed by the City Clerk under the corporate seal of the City, and duly filed for record in the Office of the City Clerk. ARTICLE 6. This ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND APPROVED THIS DAY OF 200• C Jay Knudtson, Mayor ATTEST: G � 04 Gayl Conrad pip City erk !� Uft SAL -4- F�- I 1A CITY OF 1CAPE'GIRARDEAU --- OFFICE OF THE - CRY HALL CITY ENGINEER 401 INDEPENDENCE (573)334-9020 P.O.BOX 617 FAX(573)651-0660 CAPE GIRARDEAU,MO 63702-0617 April 2, 2008 Engineer's Final Report on White Oaks Annex To the City Manager Of the City of Cape Girardeau, Missouri Dear Sir: I hereby report that the improvements to the White Oak Subdivision has been completed by Jokerst, Incorporated. The project consisted of removing existing improvements and extending the sanitary sewer by installing 484 lineal feet of 8" Ductile Iron Pipe, six (6) manholes, and other associated street repairs and extending the existing private water systems to existing City owned and operated systems by installing 240 linear feet of 8" water main extension, installing 3 new fire hydrants, installing 495 linear feet of 1" service line and incidental ditch work. The work was completed in July of 2007 in accordance with the plans, specifications, contract and ordinances adopted by the City Council therefore as modified by one Change Order. Change Order# 1 and Final brought all quantities to As-Constructed amounts and increased the contract by$14,489.80. The original contract time was ninety(90)calendar days for substantial completion and one hundred twenty (120) calendar days for final completion which were September 30, 2007 and November 29, 2007 respectively. Change Order# 1 and Final added eight (8)calendar days to the substantial completion and forty (40) calendar days to the final completion dates. Substantial completion was reached on July 11,2007 and final completion was September 11,2007 therefore the contractor successfully met the contract deadlines. I have computed the cost of said improvement as follows: No Item Quantity Unit Unit Price Total Price Section 1 -Sewer,Storm &Pavement Improvements 1. Removal of Existing Improvements 1.00 LS $ 11,000.00 $ 11,000.00 2. 6"P.C.C. Pavement 744.80 SY $ 29.00 $ 21,599.20 3. 4"Aggregate Base 744.80 SY $ 7.00 $ 5,213.60 ' Engineer's Final Report White Oaks Annexation April 2, 2008 Page 2 of 4 4. Silt Fence 100.00 LF $ 3.00 $ 300.00 S. Seed &Straw 1.00 LS $ 3,000.00 $ 3,000.00 6. Traffic Control 1.00 LS $ 1,000.00 $ 1,000.00 7. Area Inlet(3' x 3') 1.00 EA $ 1,700.00 $ 1,700.00 8. Junction Box(4' x 4') 2.00 EA $ 2,000.00 $ 4,000.00 9. 24"RC Flared End Section 3.00 EA S 800.00 $ 2,400.00 10. 18"RCP Class lII 56.00 LF $ 35.00 $ 1,960.00 11. 24"RCP Class III 68.00 LF $ 45.00 $ 3,060.00 12. Standard Sanitary Manholes(D-4') 6.00 EA $ 1,600.00 $ 9,600.00 13. 8"Ductile Iron Sanitary Sewer Pipe 443.70 LF $ 64.00 $ 28,396.80 (Pressure Class 50) 14. Jack&Bore: 16"Casing Pipe w/8" 40.00 LF $ 300.00 $ 12,000.00 Ductile Iron (Class 50) Sanitary 15. 6"PVC Service Pipe(SDR 35) 28.00 LF $ 40.00 $ 1,120.00 16. 8"x 6"Wye Ductile Iron 1.00 EA $ 250.00 $ 250.00 17. 8"x 6"Wye(PVC) 0.00 EA $ 250.00 $ 0.00 18. Existing MH(#1)Rehabilitation 1.00 LS $ 200.00 $ 200.00 19. Lift Station&Valve Vault 1.00 LS $ 2,200.00 $ 2,200.00 Demolition Change Order No. 1 added: 20. Additional Demolition 1.00 LS $ 4,000.00 $ 4,000.00 21. 12"CMP 36.00 LF $ 20.00 $ 720.00 22. Additional Fill Dirt 1.00 LS $ 280.00 $ 280.00 23. Rip Rap Blanket 74.80 SY $ 34.00 $ 2,543.20 Total of Section 1 S 116,542.80 Section 2-Water Improvements 50 8"HDPE Water Main 240.00 LF $ 20.00 $ 4,800.00 51 Directional Bore 8"HDPE Water 40.00 LF $ 275.00 $ 11,000.00 Engineer's Final Report White Oaks Annexation April 2, 2008 Page 3 of 4 52 8"Gate Valve 2.00 EA $ 1,200.00 $ 2,400.00 53 6"Gate Valve 1.00 EA $ 1,000.00 $ 1,000.00 54 Hydrant Assembly&Valve 3.00 EA $ 3,500.00 $ 10,500.00 55 1"PVC Water Line 495.00 LF $ 6.00 $ 2,970.00 56 8"to 6"Reducer w/MJ Adaptor 0.00 EA $ 200.00 $ 0.00 57 Existing Water Well Disconnection 1.00 LS $ 700.00 $ 700.00 Total of Section 2 $ 33,370.00 TOTAL CONSTRUCTION CONTRACT ITEMS $ 149,912.80 LESS PREVIOUS PAYMENTS $ 142,417.16 AMOUNT DUE THE CONTRACTOR $ 7,495.64 PROPERTY ACQUISITION COSTS $ 0.00 DESIGN ENGINEERING COSTS $ 18,766.53 CONSTRUCTION ENGINEERING/INSPECTION COSTS $ 8,762.92 OTHER COSTS $ 8,419.05 TOTAL PROJECT COSTS $ 185,861.30 An Ordinance of Necessity to Extend City Sanitary Sewer Services was approved by the Council on November 6, 2006. A Public Hearing was held on December 4, 2006 to discuss the scope of the work. On February 20,2007 the Ordinance Reaffirming the Action of the City Council Declaring it Necessary to Extend City Sanitary Sewer Services to the White Oaks Subdivision was presented to the Council. Ordinance Number 3791 also established the manner of payment of the work and the estimated cost of the Special Assessment project as not to exceed one hundred fifty thousand dollars($150,000.00). The cost of the sewer is to be divided by the number of lots in the tract of land benefiting from the improvement. An Ordinance of Necessity to Extend City Water Services to the White Oaks Subdivision was presented to the Council on November 6,2006 and was approved. Due to various problems the public hearing was delayed until January 22, 2007. On February 20, 2007 the Ordinance Reaffirming the Action of the City Council Declaring it Necessary to Extend City Water Services to the White Oaks Subdivision was presented to the Council. Ordinance Number 3790 also established the manner of payment of the work and the estimated cost of the Special Assessment project as not to Engineer's Final Report White Oaks Annexation April 2, 2008 Page 4 of 4 exceed thirty-nine thousand dollars ($39,000.00). The cost of the water line is to be divided by the cost of the number of front feet fronting or abutting the portion of the street for each tract of land benefiting from the water line improvement. The Apportionment of Cost to the property owners is attached; with the property owner's sewer assessment at$ 5,023.39650 per Acre,the tax bills totaling$116,542.80.The property owner's water assessment was calculated at$13.59858 per Front Footage of Parcel totaling$39,072.80. Each water assessment also includes the$570.28 water connection fee. The City is funding the remainder of the $30,245.70 from the General Revenue Fund. The property owners gave the necessary easements without charge so the only property acquisition costs are for recording the easements in the County Recording Office. Sincerely, Kelly Green P. E. City Engineer KG/kj Attachments-2 White Oaks Annex Project Reference Code 610-4062-7333-99999967 (Sewer Ext) 381-7022-7335-1950224 (Water Ext) Purchase Order No. P011157 Apportionment of Cost White Oaks Water Extension April 2, 2008 Name Description of Parcel Frontal Assessment Parcel Number Footage per Address of Parcel Front Foot $13.59858 1. Larry Edward Frankum Revocable Trust All of Lots One and Two of 427.1 $5,807.95 White Oaks Subdivision in the 20-500-00-09-01000 County of Cape Girardeau, Missouri,as shown by Plat Mail: Book 13, Page 31, of the land 141 White Oaks Lane records of Cape Girardeau Cape Girardeau,MO 63701 County, Missouri, as recorded in Document 2006-09108. 2.Judy Ann(Throckmorton)Koch All of Lot Three of White Oaks 253.1 $3,441.80 Revocable Trust Subdivision in Cape Girardeau County,Missouri as shown by 20-500-00-09-00900 plat recorded in Plat Book 13 at Page 31, as recorded in Book Mail: 863, Page 439. 205 White Oaks Lane Cape Girardeau,MO 63701 3. John C. Tlapek Revocable Trust U/A All of Lot Four, White Oaks 261.6 $3,557.39 Subdivision in the County of 20-500-00-09-00800 Cape Girardeau, Missouri,as shown by plat recorded in Plat Mail: Book 13, Page 31, as recorded 271 White Oaks Lane in Book 902, Page 327. Cape Girardeau,MO 63701 4. R.A. &Priscilla S. Miller All of Lot Five of White Oaks 250.8 $3,410.52 Subdivision in the County of 20-500-00-09-00700 Cape Girardeau,Missouri,as shown by plat recorded in Plat Mail: Book 13 at Page 31, as recorded 323 White Oaks Lane in Book 522,Page 18. Cape Girardeau,MO 63701 5.John Marshall &Elizabeth T. Jung All of Lot 6 in White Oaks 250.0 $3,399.65 Subdivision as shown in Plat 20-500-00-09-00600 Book 1 at Page 4 as recorded in Book 417,Page 324. All of Lot Mail: 7 of White Oaks, a subdivision 345 White Oaks Lane of Part of Fractional Section 15 Cape Girardeau,MO 63701 and part of U.S. Private Survey 317, all in Township 30 North, Range 13 East,Cape Girardeau County, Missouri, as recorded in Book 381,Pae 820. Water Meter Connection included in Assessment Cost Apportionment of Cost White Oaks Water Extension April 2, 2008 Name Description Frontal Assessment Parcel Number Footage per Address of Parcel Front Foot $13.59858 6. Donald E. &Charlotte A. Edwards All of Lot Eight and the South 250.0 $3,399.65 half of Lot Seven of White 20-500-00-09-00500 Oaks Subdivision in the county of Cape Girardeau,Missouri, as Mail: shown in Plat Book 13 at page 348 White Oaks Lane 31, as recorded in Book 488, Cape Girardeau,MO 63701 Page 859 and Book 984, Page 066. 7. Jerre A. Hall Revocable Trust All of Lot Nine of White Oaks 299.5 $4,072.77 Subdivision in the County of 20-500-00-09-00400 Cape Girardeau, Missouri,as shown recorded in Plat Book 13 Mail: at page 31, as recorded in 318 White Oaks Lane Document 2002-06647 Cape Girardeau,MO 63701 8. Carl Nelson&Rita Jane Ringer All of Lot 10 of White Oaks 282.7 $3,884.32 Subdivision,a subdivision of 20-500-00-09-00300 Part of Fractional Section 15 and part of U.S. Private Survey Mail: 317, all in Township 30 North, 260 White Oaks Lane Range 13 East,Cape Girardeau Cape Girardeau,MO 63701 County, Missouri,as recorded in Book 381, Pae 822. 9. Jerry L. Kinder Revocable Trust All of Lot Eleven of White 323.5 $4,399.14 Oaks Subdivision in the County 20-500-00-09-00200 of Cape Girardeau,Missouri,as shown by plat recorded in Plat Mail: Book 13 at page 31, as recorded 184 White Oaks Lane in Book 904,Page 242. Cape Girardeau,MO 63701 10. Charles Patrick&Nancy K. Godwin All of Lot Twelve of White 275.0 $3,793.61 Oaks Subdivision in the County 20-500-00-09-00100 of Cape Girardeau,Missouri, as recorded in Plat Book 13 at Mail: Page 31, as recorded in 138 White Oaks Lane Document 2004-04702. Cape Girardeau,MO 63701 2,2873.3 FF $39,072.80 Respectfully Submitted, Kelly Green ityEngineer Water Meter Connection included in Assessment Cost Apportionment of Cost White Oaks Sewer Extension April 2, 2008 Name Description of Parcel Acreage Assessment Parcel Number of Parcel per Address Acre $5,023.39650 1. Larry Edward Frankum Revocable Trust All of Lots One and Two of 2.75 $13,814.34 White Oaks Subdivision in the 20-500-00-09-01000 County of Cape Girardeau, Missouri, as shown by Plat Mail: Book 13, Page 31, of the land 141 White Oaks Lane records of Cape Girardeau Cape Girardeau,MO 63701 County, Missouri, as recorded in Document 2006-09108. 2.Judy Ann(Throckmorton)Koch All of Lot Three of white Oaks 1.59 $7,987.20 Revocable Trust Subdivision in Cape Girardeau County, Missouri as shown by 20-500-00-09-00900 plat recorded in Plat Book 13 at Page 31, as recorded in Book Mail: 863, Page 439. 205 White Oaks Lane Cape Girardeau,MO 63701 3.John C.Tlapek Revocable Trust U/A All of Lot Four,White Oaks 1.99 $ 9,996.56 Subdivision in the County of 20-500-00-09-00800 Cape Girardeau,Missouri,as shown by plat recorded in Plat Mail: Book 13, Page 31, as recorded 271 White Oaks Lane in Book 902,Page 327. Cape Girardeau,MO 63701 4.R.A. &Priscilla S. Miller All of Lot Five of White Oaks 2.16 $10,850.54 Subdivision in the County of 20-500-00-09-00700 Cape Girardeau,Missouri,as shown by plat recorded in Plat Mail: Book 13 at Page 31, as recorded 323 White Oaks Lane in Book 522, Page 18. Cape Girardeau,MO 63701 5.John Marshall&Elizabeth T. Jung All of Lot 6 in White Oaks 2.40 $12,056.15 Subdivision as shown in Plat 20-500-00-09-00600 Book 1 at Page 4 as recorded in Book 417,Page 324. All of Lot Mail: 7 of White Oaks, a subdivision 345 White Oaks Lane of Part of Fractional Section 15 Cape Girardeau,MO 63701 and part of U.S.Private Survey 317, all in Township 30 North, Range 13 East,Cape Girardeau County,Missouri, as recorded in Book 381, Page 820. Apportionment of Cost White Oaks Sewer Extension April 2, 2008 Name Description Acreage Assessment Parcel Number of Parcel per Address Acre $5,023.3966 6. Donald E. &Charlotte A. Edwards All of Lot Eight and the South 2.25 $11,302.64 half of Lot Seven of white 20-500-00-09-00500 Oaks Subdivision in the county of Cape Girardeau,Missouri, as Mail: shown in Plat Book 13 at page 348 White Oaks Lane 31,as recorded in Book 488, Cape Girardeau,MO 63701 Page 859 and Book 984, Page 066. 7. Jerre A. Hall Revocable Trust AI I of Lot Nine of white Oaks 2.61 $13,111.06 Subdivision in the County of 20-500-00-09-00400 Cape Girardeau,Missouri, as shown recorded in Plat Book 13 Mail: at page 31, as recorded in 318 White Oaks Lane Document 2002-06647 Cape Girardeau, MO 63701 8. Carl Nelson &Rita Jane Ringer All of Lot 10 of white Oaks 2.39 $12,005.92 Subdivision, a subdivision of 20-500-00-09-00300 Part of Fractional Section 15 and part of U.S. Private Survey Mail: 317, all in Township 30 North, 260 White Oaks Lane Range 13 East, Cape Girardeau Cape Girardeau, MO 63701 County, Missouri,as recorded in Book 381,Page 822. 9. Jerry L. Kinder Revocable Trust All of Lot Eleven of white 2.79 $14,015.28 Oaks Subdivision in the County 20-500-00-09-00200 of Cape Girardeau,Missouri, as shown by plat recorded in Plat Mail: Book 13 at page 31, as recorded 184 White Oaks Lane in Book 904,Page 242. Cape Girardeau,MO 63701 10. Charles Patrick&Nancy K. Godwin All of Lot Twelve of white 2.27 $11,403.11 Oaks Subdivision in the County 20-500-00-09-00100 of Cape Girardeau,Missouri, as recorded in Plat Book 13 at Mail: Page 31, as recorded in 138 White Oaks Lane Document 2004-04702. Cape Girardeau,MO 63701 c�� 23.2 acres $116,542.80 Respectfully Submitted, .S . 9--1 Kelly Gr e .E., City Engineer