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Legislation #: 080255 Introduction Date: 3/6/2008
Type: Ordinance Effective Date: 3/30/2008
Sponsor: None
Title: Levying a special assessment on the lots, tracts, and parcels of land in the East Park District abutting on certain boulevards, parkways, roads, streets, avenues and highways in the East Park District under the control and management of the Board of Parks and Recreation Commissioners for Fiscal Year 2008-09 for the purpose of maintaining, repairing, and otherwise improving the boulevards, parkways, roads, streets, avenues and highways in the East Park District.

Legislation History
DateMinutesDescription
3/6/2008 Filed by the Clerk's office
3/6/2008 Referred to Finance and Audit Committee
3/12/2008 Hold On Agenda (3/19/2008)
3/19/2008 Do Pass
3/20/2008 Passed

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ORDINANCE NO. 080255

 

Levying a special assessment on the lots, tracts, and parcels of land in the East Park District abutting on certain boulevards, parkways, roads, streets, avenues and highways in the East Park District under the control and management of the Board of Parks and Recreation Commissioners for Fiscal Year 2008-09 for the purpose of maintaining, repairing, and otherwise improving the boulevards, parkways, roads, streets, avenues and highways in the East Park District.

WHEREAS, the Board of Parks and Recreation Commissioners has estimated that the cost of providing all the special benefits and services for the maintenance, repair, and improvement of the boulevards, parkways, roads, streets, avenues and highways in the East Park District of the City will exceed the aggregate special assessments projected to be levied on all lots, tracts and parcels of land abutting on the boulevards, parkways, roads, streets, avenues and highways in the East Park District, based on a special assessment of one dollar ($1.00) per lineal foot on all lots, tracts and parcels of land abutting on the boulevards, parkways, roads, streets, avenues and highways in the East Park District of the City and that each 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; and

WHEREAS, on February 19, 2008 the Board of Parks and Recreation Commissioners adopted Resolution No. 28218, a copy of which is attached, recommending that there be levied for Fiscal Year 2008-09 a special assessment of one dollar ($1.00) per lineal foot on all lots, tracts and parcels of land abutting on the boulevards, parkways, roads, streets, avenues and highways in the East Park District of the City under the control and management of the Board as described in the Board Resolution and this ordinance for the purposes of providing the special benefits and services for the maintenance, repair, and improvement of the boulevards, parkways, roads, streets, avenues and highways in the East Park District of the City; and

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 of one dollar ($1.00) per abutting foot; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. In the aggregate, the estimated cost of all special benefits and services for maintenance, repair, and improvement of boulevards, parkways, roads, streets, avenues and highways in the East Park District amounts to $1,137,037.00. This cost exceeds the aggregate special assessments to be levied on all lots, tracts and parcels of land abutting on the boulevards, parkways, roads, streets, avenues and highways in the East Park District, based on a special assessment of one dollar ($1.00) per lineal foot on all lots, tracts and parcels of land abutting on the boulevards, parkways, roads, streets, avenues and highways in the East Park District of the City which is projected to be $220,668.00. The difference between the estimated cost of all special benefits and services in the East Park District and the amount of the aggregate special assessments projected amounts to $916,369.00 which shall be funded from other sources. On the average, based on the special assessment of one dollar ($1.00) per lineal foot on all lots, tracts and parcels of land abutting on the boulevards, parkways, roads, streets, avenues and highways in the East Park District of the City, the special assessment levied under this ordinance will fund 19.4% of the estimated cost of all special benefits and services on the boulevards, parkways, roads, streets, avenues and highways in the East Park District.

Section 2. The maintenance, repair and improvement of certain boulevards, parkways, roads and other highways within the East Park District includes but is not limited to grass mowing and trimming as needed during the growing season, removal of scattered trash and debris, ice and snow removal operations, landscape improvements including planting and care of trees, shrubs and annual floral displays, tree pruning and removal, operation of specialized lighting, operation and maintenance of irrigation systems, and administration and inspection of activities thereon and confers a special benefit upon the real property abutting the boulevards, parkways, roads, streets, avenues and highways within the East Park District and the amount of the special assessment levied under this ordinance 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. 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 of one dollar ($1.00) per abutting foot. 

Section 3. That for the purpose of maintaining, repairing, and otherwise improving the boulevards, parkways, roads, streets, avenues and highways hereinafter described and located in the East Park District in Kansas City, Missouri, there is levied for Fiscal Year 2008-09, a special assessment of one dollar ($1.00) per lineal foot on all lots, tracts, and parcels of land, abutting the following-named boulevards, parkways, roads, streets, avenues and highways established in the East Park District and now under the control and management of the Board of Parks and Recreation Commissioners:

SEARCY CREEK PARKWAY - N01B

From the north line of State Highway 210 to

the south line of Parvin Road

 

BRIARCLIFF PARKWAY - N02B

From the west line of N.E. Briarcliff Road to

north line of State Highway 9.

 

TIFFANY SPRINGS PARKWAY N02B

From a point 500 feet west of the center line of

Prairie View Road to a point 400 feet east of the

center line of North Revere Avenue.

 

SHOAL CREEK PARKWAY - N01B

From the east line of State Highway I-435 to a point


2,150 feet north of the center line of northeast

87th Street

 

LINE CREEK PARKWAY - N02B

From the north line of Barry Road to the south line

of Stagecoach Road.

 

MAPLEWOODS PARKWAY N01B

From the south line of Highway 152 to the south line

of Northeast 96th Street.

 

THE PASEO - C07B & N03B

From Kessler Park to 31st Street, except the north

line of lots 93 and 94, Hurcks Subdivision of

Guinotte Bluffs; and except from 19th Street to 22nd

Street on the west side; and except from 19th Street to

24th Street on the east side; and except 15th Street

to 17th Street terrace on the east side, and except the

southerly line of lot 101 Suwanee.

 

17th TERRACE (John Buck ONeil Way) - C07B

The south side from the east line of The Paseo to the

west line of Woodland Avenue

 

WEST PASEO BOULEVARD - C07B

From the north line of 24th Street to the north line

of 27th Street.

 

27th STREET - C07B

From the west line of West Paseo Boulevard to the

east line of Vine Street (1500 E.).

 

TROOST LAKE DRIVE - C07B

From the east line of The Paseo to the west line

of Vine Street.

 

EUCLID AVENUE - C07B

West side from the south line of Spring Valley Park to

29th Street.

 

SPRING VALLEY PLAZA - C07B

North side from east line of Vine Avenue to west line

of Woodland Avenue.

 

12th STREET - N03B

From the centerline of Main Street to the west line

of Benton Boulevard.

 

BLUE PARKWAY - C02B

From the east line of Swope Parkway to the east

line of Elmwood Avenue.

 

EMANUEL CLEAVER II BOULEVARD - C02B

From the centerline of Prospect to the east line of

Elmwood Avenue, except from Jackson to Elmwood on

the southside.

 

ADMIRAL BOULEVARD - N03B

From the east line of Grand boulevard to the east

line of Highland Avenue.

 

HIGHLAND AVENUE - N03B

From the south line of Independence Boulevard to

the north line of Admiral Boulevard.

 

INDEPENDENCE BOULEVARD - N03B

From the west line of Highland Avenue to the

east line of Benton Boulevard.

 

MAPLE BOULEVARD - N03B

From the north line of Independence Boulevard

to the south line of Maple Park.

 

TRABER - N03B

A parkway conveyed to Kansas City by

Ella A. Traber, et al, under ordinance No. 13257,

approved July 31, 19 12, within the East Park District

in Kansas City, Missouri.

 

WOODLAND AVENUE - N03B

South boundary of Traber Gardens 75 feet south.

 

ST. JOHN AVENUE - N03B

From the center line of Wabash Avenue to the center line

of Garfield Avenue.

 

GLADSTONE BOULEVARD - N03B

From the north line of Independence Boulevard to the

west line of Belmont Boulevard.

 

SUNRISE DRIVE - N03B

From the west line of Askew Avenue to the

west line of Gladstone Boulevard.

 

BENTON BOULEVARD - N03B

From the south line of Gladstone Boulevard

(St. John Avenue) to the north line of Swope Parkway,

except the right-of-way occupied by tracts of the

Kansas City Terminal Railway Company.

 

BENTON PLAZA - C12B

From the south line of 15th Street (Truman Road)

to the north line of Benton Boulevard.

 

PROSPECT BOULEVARD - N03B

From the north line of Independence Boulevard to the

south line of Kessler Park.

 

LEXINGTON STREET - N03B

From the east line of Bellefontaine Street to the

east line of Montgall.

 

MONTGALL - N03B

From north line of Lexington to north line of Smart.

 

CHESTNUT PARKWAY - N03B

From the north line of Independence Boulevard to

the north line of Kessler Park.

 

BUDD PARK ESPLANADE - N03B

From the east line of Van Brunt Boulevard to the

west line of Hardesty Avenue.

 

BRIGHTON AVENUE - N03B

From the south line of St. John Avenue to south line of

Budd Park Esplanade prolonged west from Hardesty Avenue.

 

EMANUEL CLEAVER II BOULEVARD - C03B

From the centerline of 31st Street to the east line of

Elmwood, except along the south line, south of

Brush Creek, east of Elmwood Avenue.

 

VAN BRUNT BOULEVARD - N04B & C04B

From the south line of Gladstone Boulevard to the

centerline of 31st Street, except from 16th Street to 20th

Street on the east side; and except the north line of

26th Street from a point on the west line of Hardesty

to a point 105.6 feet west of same.

 

LINWOOD BOULEVARD - C04B

From the centerline of Prospect Avenue to the west

line of Van Brunt Boulevard.

 


GRAND BOULEVARD - C13B

From the centerline of 15th Street (Truman Road) to

the Missouri River Levee Road at the ASB Bridge.

 

GREGORY BOULEVARD - S01B

From the centerline of Prospect Avenue to the east line

of Swope Park except lots76 to 86, both inclusive, in

Swopeland Addition.

 

MYRTLE AVENUE - S01B

West side from south line of Gregory Boulevard

to north line of 71st Street.

 

63rd STREET - S01B

From the east line of Swope Parkway to the east

line of East Zoo Drive (4600 E.).

 

WEST LONGVIEW PARKWAY - S01B

From the north line of Bannister Road north 1320

feet except abutting property on west side from

centerline of Bannister Road north 1331.19 feet.

 

WEST LONGVIEW PARKWAY S01B

From the south line of 107th Street at James A. Reed Road

to the west line of Raytown Road.

 

SWOPE PARKWAY - S01B

From the centerline of Prospect Avenue to the

south line of 67th Street.

 

67TH STREET - S01B

From the east line of Swope Parkway (Cleveland Avenue)

to the west line of Elmwood Avenue.

 

 

MEYER BOULEVARD - S01B

From the centerline of Prospect Avenue to the west line

of Swope Parkway.

 

ELMWOOD AVENUE - S01B

From the north line of Gregory Boulevard to the

north line of 67th Street.

Section 4. Upon the effective date of this ordinance, the City Engineer and the Director of Parks and Recreation, shall prepare correct descriptions of the several lots and parcels of land abutting each boulevard, parkway, road, streets, avenues and highway in the East Park District set forth in this ordinance, and the descriptions shall list the names of the owners of the lots and parcels of land as shown by the City land parcel records, and shall show the amount of lineal feet of each lot, tract and parcel of land abutting the boulevards, parkways, roads, streets, avenues and highways. For each boulevard, parkway, road, street, avenue and highway in the East Park District set forth in this ordinance the City Treasurer shall make a separate and complete list of the abutting lots and parcels of land, and deliver the list to the Director of Finance.

Section 5. The special assessment levied shall be entered and extended by the Director of Finance against each lot and parcel of land in the East Park District liable for such assessment, and shall be a lien on the property 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 special assessments on real property, except that no rebate shall be deducted or allowed from the assessment in any case. Each special assessment levied under this ordinance shall become delinquent at the same time as other special assessments levied 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 special assessments.

Section 6. The laws and ordinances governing the entering, extending, payment, collection, and the sale for nonpayment of special assessments shall, as far as practicable, apply to the this special assessment, provided that if a sale of any land to enforce the collection of this assessment is contrary to the public policy or laws of this state, then the amount of the assessment in default with accrued interest and penalties may be collected by suit in the manner prescribed law, except in 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 assessment tax bill.

Section 7. All sums obtained from the special assessment levied and made upon all lots, tracts and parcels of land abutting on any boulevard, parkway, road, street, avenue and highway or portion described shall constitute a part of East Park District fund, and that part of the fund shall be used only for the purpose of maintaining, repairing, and otherwise improving such boulevards, parkways, roads, streets, avenues and highways, or portions thereof, in the East Park District abutting those lots, tracts and parcels of land.

______________________________________________________

Approved as to form and legality:

 

___________________________________

William Geary

Assistant City Attorney