Section 103-112 Ord. 17188; Levying Special Assessments RE: Construction of Sanitary Sewer District No. 152 (Spring Valley Road and West Broadway)


Ordinance No.          17188                Council Bill No.           B 49-02A            

AN ORDINANCE

accepting the work on the Sanitary Sewer District No. 152 (Spring Valley Road and West Broadway) sewer construction project; approving the report of the Director of Public Works; levying and assessing special assessments; appropriating funds; and fixing the time when this ordinance shall become effective.


    WHEREAS, the construction of manholes, sewer lines and necessary connections in Sewer District No. 152 was authorized by Ordinance No. 016880, passed on May 7, 2001; and

    WHEREAS, this public improvement has been completed by Tim Harris Excavating and Construction by a contract confirmed by Ordinance No. 016966 passed on August 6, 2001; and

    WHEREAS, the Council has received the final report of the Director of Public Works in connection with this sewer 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 sewer construction project; and

    WHEREAS, the Council has given due consideration to the comments of interested parties, the special benefits to the properties in Sewer District No. 152, the effect of the sewer construction on the present use of the property and general benefits to the general public in making the determination set forth herein; and

    WHEREAS, it is the determination of the Council that the properties in Sewer District No. 152 have realized the following special benefits as a result of the sewer construction:  each property in the sewer district now has access to a public sewer main and the preexisting private common collector sewer which had a history of clogging and overflowing can be eliminated thereby eliminating both a health hazard and maintenance costs; increased property values and salability of the properties.

    NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  The construction of the sanitary sewer project in Sanitary Sewer District No. 152 (Spring Valley Road and West Broadway) is hereby accepted and approved.

    SECTION 2.  The report of the Director of Public Works, who was charged with the responsibility of personally inspecting the work as it progressed to see that the same 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 3.   Special assessments are hereby levied against the lots, tracts and parcels of ground within the boundaries of Columbia, Missouri, Sewer District No. 152, exclusive of the improvements, according to their proportion to the area of the whole district exclusive of public highways, to pay the cost of construction of the manholes, sewer lines, and necessary connections, as follows:

    LAND IN LIMITS S14, T48N, R13W, BOOK 270, PAGE 104 OF THE BOONE COUNTY, MISSOURI RECORDS.

    Against tract 1 as described by a Warranty Deed in Book 378, Page 659 of the Boone County, Missouri records.  (13,273 square feet)
                                Special Assessment $ 4,392.74

    Against tract 2 as described by a Warranty Deed in Book 661, Page 37 of the Boone County, Missouri records.  (13,930 square feet)
                                Special Assessment $ 4,610.18

    Against tract 3 as described by a Warranty Deed in Book 950, Page 784 of the Boone County, Missouri records.  (16,074 square feet)
                                Special Assessment $ 5,319.75
                                (subject to deferred tax bill)

    SECTION 4.  Except as provided in Section 5, the City Clerk is hereby authorized and directed to issue special tax bills immediately against the lots, tracts and parcels of ground as in this ordinance 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 date of issue.  After the expiration of sixty days, the tax bills shall bear interest at the rate of nine percent per annum on the unpaid balance until paid.

    SECTION 5. Where special assessments are shown in Section 3 to be subject to deferred tax bills, the City Clerk is authorized and directed to issue an initial tax bill in the amount of $5,000. Pursuant to Section 22-97.1 of the City Code, the City Clerk is authorized and directed to issue a tax bill for the balance of the special assessment when any of the following events occur:

    (1)    The lot, tract or parcel of land is sold or conveyed, voluntarily or involuntarily unless by testate or intestate succession.

    (2)    The lot, tract or parcel of land is split or subdivided.

    (3)    The lot, tract or parcel of land is rezoned, unless rezoning is initiated by the city council.

    (4)    The size or number of water meters serving the lot, tract or parcel of land is increased, unless such increase is solely for the purpose of fire protection or landscape irrigation.

    SECTION 6.  The sum of $ 14,322.67 is hereby appropriated from funds to be  received from special assessment tax bills and placed in the Special Assessment Tax Bills Revenue Account No. 555-0000-480.40-00 C43139 to the Sanitary Sewer District No. 152 (Spring Valley Road and West Broadway) Project Account No. 555-6388-881.49-90 C43139.

    SECTION 7.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 4th day of March, 2002.