Section 105-056; Ord. 17978; Accepting the work on the Sanitary Sewer District No. 144 (Mexico Gravel Road) sewer construction project; approving the report of the Director of Public Works; levying and assessing special assessments; appropriating funds


Ordinance No.         17978                            Council Bill No.           B 28-04          

AN ORDINANCE

accepting the work on the Sanitary Sewer District No. 144 (Mexico Gravel Road) 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. 144 was authorized by Ordinance No. 017345, passed on June 17, 2002; and

    WHEREAS, this public improvement has been completed by Tim Harris Excavating and Construction by a contract confirmed by Ordinance No. 017403 passed on August 19, 2002; 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. 144, 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. 144 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; 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. 144 (Mexico Gravel Road) 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. 144, 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 SECTION 33, T49N, R12W

    Against a tract of land described as Tract “A” of Warranty Deed recorded in Book 2111 at Page 396 of the Boone County, Missouri records and containing 13,500 square feet.
                            Special Assessment $1,827.24

    Against a tract of land described as Tract “C” of Warranty Deed recorded in Book 2111 at Page 396 of the Boone County, Missouri records and containing 27,000 square feet.
                            Special Assessment $3,654.49

    Against a tract of land described as Tract “B” of Warranty Deed recorded in Book 511 at Page 820 of the Boone County, Missouri records and containing 13,500 square feet.
                            Special Assessment $1,827.24

    Against a tract of land described as Tract “D” of Warranty Deed recorded in Book 511 at Page 820 of the Boone County, Missouri records and containing 13,500 square feet.
                            Special Assessment $1,827.24

    Against part of a tract of land described by Warranty Deed recorded in Book 1745 at Page 381 of the Boone County, Missouri records and containing 23,326.9 square feet.
                            Special Assessment $3,157.33

    Against part of a tract of land described by Quit Claim Deed recorded in Book 498 at Page 432 of the Boone County, Missouri records and containing 31,334.3 square feet.
                            Special Assessment $4,241.14

    Against part of a tract of land described by Warranty Deed recorded in Book 874 at Page 157 of the Boone County, Missouri records and containing 34,041.6 square feet.
                            Special Assessment $4,607.58

    Against a tract of land described by Warranty Deed recorded in Book 797 at Page 435 of the Boone County, Missouri records and containing 137,889.9 square feet.
                            Special Assessment $18,663.59
                            (subject to deferred tax bill)

    Against a tract of land described by Warranty Deed recorded in Book 711 at Page 758 of the Boone County, Missouri records and containing 299,729.90 square feet.
                            Special Assessment $40,568.85
                            (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 split or subdivided.

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

    (3)    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 $42,374.70 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, C43147 to the Sanitary Sewer District No. 144 (Mexico Gravel Road) Project Account No. 555-6388-881.49-90, C43147.

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

    PASSED this 2nd day of February, 2004.