ORDINANCE NO. 080256
Levying a special assessment upon
all real estate, exclusive of improvements, not exempt by law from general
taxation in the West Trafficway District for the purpose of maintaining,
improving and repairing the trafficways located in the West Trafficway District,
and providing for the manner of payment and collecting the special assessment.
WHEREAS, the
Council finds and determines that the real estate subject to the special
assessment made in this ordinance receives a special benefit in at least the
amount of the assessment, and that the amount of the special assessment is
based on a portion of and does not exceed the actual cost of maintenance,
repair and improvements for which the assessment is levied and used; NOW,
THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That
there is hereby levied upon all real estate, exclusive of all improvements, not
exempt by law from general taxation in the WEST TRAFFICWAY DISTRICT, as
established in section 2-1936, Code of Ordinances, a special assessment of
twenty-five cents ($.25) on each hundred dollars of the assessed value of real
estate, exclusive of improvements, the assessed value to be the same as shown
by the books of the Director of Finance for the assessment of real estate in
the WEST TRAFFICWAY DISTRICT made for general City purposes in the year as to
all real estate listed on the books for taxation for general City
purposes.
Section 2. The
special assessment levied and made shall be used for the purpose of
maintaining, improving, and repairing the trafficways located in the WEST
TRAFFICWAY DISTRICT.
Section 3. The
maintaining, improving and repairing of the trafficways within the district
confers a special benefit upon the lands located within the district and the
amount of the special assessment is based on a portion of and does not exceed
the actual cost of maintenance, repair and improvements for which the
assessment is levied and used.
Section 4. The
special assessment levied shall be entered and extended by the Director of
Finance against each tract or parcel of land in the WEST TRAFFICWAY DISTRICT
liable to such assessment, and shall be a lien thereon from the effective date
of this ordinance and be payable and collectible in the same manner and at the
same time, as far as practicable, as is provided by law for entering, extending
and collecting general City taxes on real property, except that no rebate shall
be deducted or allowed from the assessment in any case. The special assessment
shall become delinquent at the same time, and when delinquent shall bear the
same rate of interest and be subject to the same penalties as provided by law
in the case of delinquent general City taxes.
The laws
governing the entering, extending, payment, collection and the sale for
nonpayment of general taxes of the City, shall, as far as practicable, govern
the entering, extending, collection and the sale for nonpayment of the special
assessment levied, provided that if a sale of any land to enforce the
collection of this assessment is contrary to the public policy or laws of
Missouri, then the amount of the assessment in default with accrued interest
and penalties may be collected by suit, except in the case of such suit, the
amount and description of the assessment shall be evidenced by certificate of
the Director of Finance, instead of by special tax bill.
The special
assessment is levied subject to adjustment upon receipt of equalized
assessments. The extension, billing and collection of the special assessment
shall be accomplished in the same manner as that of the general taxes of the
City.
Section 5. It
shall be the duty of the Director of Finance to keep a separate account of all
the assessments levied and collected. When collected the moneys shall be
deposited in the banks or banking institutions having a contract with the City
for deposit and safekeeping of the Citys funds. All interest received from the
depository shall be credited to and become a part of the fund received from
this assessment, and shall be used for the same purposes for which this assessment
is made.
Section 6. The
special assessment established by this ordinance will continue in effect unless
modified by ordinance by the Council.
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Approved as to
form and legality:
_________________________________
William Geary
Assistant City Attorney