ORDINANCE NO. 080254

 

Levying a special assessment on the lots, tracts, and parcels of land in the West Park District abutting on certain boulevards, parkways, roads, streets, avenues and highways in the West 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 West 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 West 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 West 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 West 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. 28217, 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 West 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 West 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 West Park District amounts to $958,926.00. 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 West 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 West Park District of the City which is projected to be $375,733.00. The difference between the estimated cost of all special benefits and services in the West Park District and the amount of the aggregate special assessments projected amounts to $583,193.00 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 West Park District of the City, the special assessment levied under this ordinance will fund 39.2% of the estimated cost of all special benefits and services on the boulevards, parkways, roads, streets, avenues and highways in the West Park District.

Section 2. The maintenance, repair and improvement of certain boulevards, parkways, roads and other highways within the West 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 West 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 West 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 West Park District and now under the control and management of the Board of Parks and Recreation Commissioners:

 

BRUSH CREEK BOULEVARD - C01B

From the east line of Rockhill Road to the west line of

The Paseo.

 

EMANUEL CLEAVER II BOULEVARD - C01B

From the east line of J.C. Nichols Parkway to the center line

of Prospect Avenue.

 

HARRISON STREET - C09B

From the south line of Brush Creek Boulevard to

the north line of Emanuel Cleaver II Boulevard.

 

BROADWAY - C11B

From the north line of the Broadway/West Pennway Viaduct

to the centerline of 43^rd Street, except the east side from

42^nd Street to 43^rd Street.

 

J.C. NICHOLS PARKWAY - C11B

From the centerline of 43^rd Street to the north line of

Ward Parkway.

 

26^TH STREET - C11B

From the east line of Jefferson Street to the west line of

Broadway Boulevard.

 

31^st STREET - C11B

From the west line of Broadway Boulevard to the

east line of Pennsylvania Avenue.

31^st STREET - C11B

From the east line of Wyandotte (200 W.) to the east line

of Pennsylvania Avenue (600 W.)

 

THE PASEO - C06B & C07B

From the centerline of 31^st Street to the centerline

of 63^rd Street.

 

31^ST STREET - C07B

From east line of Tracy to the west line of

The Paseo (1300 E. to 1400 E.), north side.

 

BLUE HILLS ROAD - C06B

From north line of 58^th Street to south line of

59^th Street, east side.

 

GILLHAM ROAD - C09B

From centerline of 39^th Street along 40^th Street, both sides

from Kenwood Avenue to Holmes Street;

along 41^st Street; both sides from Oak Street to alley east of

Locust Street; along 43^rd Street, north side, from Oak Street

to southeast corner of lot 25, Block 14, Vanderbilt Place;

the easterly side from 43^rd Street to north line of

Brush Creek Boulevard.

 

KENWOOD AVENUE - C09B

From the south line of 39^th Street to the north line of

43^rd Street, and from the south line of 45^th Street to the

north line of 46^th Street.

 

GILLHAM ROAD - C09B

Southside from the east line of Grand Boulevard to a point

335.9 feet east of McGee Street; the west side of

Gillham Road from 22^nd Street to Pershing Road;

both sides of Gillham Road from the south line of

25^th Street to south line of Lot 6, Block 37, Hyde Park

on the west side and to Harrison Parkway on the east side.

( Centerline of 39^th Street).

 

CHERRY STREET - C10B

The east side from north line of 25^th Street to a point

204 feet south of 26^th Street and the west side from

the north line of Lot 89, Dequesne Heights, to the

north line of 26^th Street.

 

GILLHAM PLAZA - C09B

From the south line of 31^st Street to the north line of

34^th Street.

 

PERSHING ROAD - C10B

From the west line of the Broadway-West Pennway

Viaduct to McGee Street and from McGee Street to

the south line of 25^th Street.

 

25^TH STREET - C10B

From east line of Gillham Road to west line of

Cherry Street, northside.

 

WARD PARKWAY - S0WP

From the west line of Brookside Boulevard to the

south line of Meyer Boulevard (including Meyer Circle).

 

ARMOUR BOULEVARD - C07B

From the east line of Broadway Boulevard to the

west line of The Paseo.

 

LINWOOD BOULEVARD - C04B

From the east line of Main Street to the

centerline of Prospect Avenue.

 

ROANOKE PARKWAY - C11B

From the north line of Ward Parkway to the

north line of 43^rd Street and west on 43^rd Street

to the west line of Genessee.

 

ROCKHILL ROAD - C09B

From the north line of 45^th Street to the centerline

of 63^rd Street.

 

SWOPE PARKWAY - C05B

From the east line of The Paseo to the centerline of

Prospect Avenue.

 

WARWICK BOULEVARD - C01B

From the south line of Armour Boulevard to the north line

of Emanuel Cleaver II Boulevard.

 

WEST PENNWAY - C10B

From the south line of 17^th and Holly Streets to the

north line of 26^th Street ( except from 23^rd Street to 26^th Street

and except Lot 94, Block 25, Winters Addition).

 

MCGEE STREET - C10B

From the south line of Armour Boulevard to the

south line of 36^th Street.

 

21^ST STREET - C10B

From the east line of West Pennway

Avenue to west line of Broadway.

 

BROOKSIDE BOULEVARD - C08B & S02B

From the south line of Emanuel Cleaver II

Boulevard to the north line of Meyer Boulevard.

 

VALENTINE ROAD - C11B

From the east line of Genessee to the west line of

Broadway Boulevard.

 

38^TH STREET - C11B

From the east line of Roanoke Road to the west

line of Broadway Boulevard.

 

39^TH STREET - C11B

South side, Kenwood Avenue to Holmes Road.

 

KARNES BOULEVARD - C11B

From the east line of Pennsylvania Street at 31^st Street

to the west line of Roanoke Road.

 

WYOMING - C11B

From the north line of 37^th Street to the

north line of Valentine Road.

 

MANHEIM ROAD - C09B

From the east line of Holmes Street to the east line

of Campbell Street, and from the east line of

Harrison Boulevard to the south line of 40^th Street.

 

HARRISON PARKWAY - C09B

From the north line of 39^th Street, N.E. to the west line

of Harrison Boulevard.

 

HARRISON BOULEVARD - C09B

From the south line of Armour Boulevard to the

north line of 39^th Street.

HARRISON STREET - C09B

From the north line of 45^th Street to the east line of

Gillham Road.

 

ROCKHILL TERRACE and CHARLOTTE STREET C09B

From the east/south line of West Gillham Road to the

north line of Brush Creek Boulevard.

 

ROCKHILL TERRACE - C09B

From the south line of West Gillham Road east

and south to the north line of Brush Creek Boulevard.

 

JANSSEN PLACE - C09B

From the north line of 38^th Street to the north line

of Harrison Parkway.

 

KENWOOD AVENUE - C09B

From the south line of 39^th Street to the south line of

43^rd Street, and from the north line of 45^th

Street to the south line of 46^th Street.

 

LOCUST STREET - C09B

From north line of 39^th Street to the north line of

40^th Street.

 

37^TH STREET - C09B

From the east line of Harrison Boulevard

to the west line of Troost Avenue.

 

VOLKER BOULEVARD - C06B

From the east line of Brookside Boulevard to the

west line of The Paseo.

 

ROANOKE BOULEVARD - C11B

From the south line of Karnes Boulevard

to the north line of Valentine Road.

 

40^TH STREET - C09B

From the west line of Virginia to the

west line of The Paseo.

 

41^ST STREET - C09B

From the west line of Oak Street east to a point

131.75 feet east of Locust Street.

44^TH STREET - C09B

From the east line of Gillham Road to the east line

of Charlotte Street

 

CHARLOTTE STREET - C09B

From the north line of 44^th Street to the east line of

Gillham Road.

 

45^TH STREET - C09B

From the east line of Gillham Road to the east line of

Harrison Street.

 

45^TH STREET - C09B

From the east line of Rockhill Road to the west line

of Rockhill Terrace.

 

46^TH STREET - C09B

From the east line of Rockhill Road to the west line

of Holmes Road.

 

HOLMES STREET - C09B

East side, from the south line of Harrison Parkway

to the north line of 39^th Street.

 

HOLMES STREET - C09B

From the south line of 45^th Street to the north line of

Brush Creek Boulevard.

 

GLEED TERRACE - C09B

From the west line of Holmes Street to the

east line of Campbell.

 

BROADWAY - C13B

Broadway from the south line of Interstate 70 to the

south line of 25^th Street as it intersects West Pennway;

including Garment District Place (formerly Eighth Street)

from the west line of Broadway Boulevard to the

west line of Washington Street; and to the north line of the

Broadway-West Pennway Viaduct.

 

12^TH STREET - C13B

From the east line of Broadway to the centerline of

Main Street.

 

GRAND BOULEVARD - C13B

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

to the centerline of Main Street.

THE PASEO - S02B

From the centerline of 63^rd Street to a point 205 feet

south of the centerline of 79^th Street.

 

GREGORY BOULEVARD - S02B

From the east line of Ward Parkway to the centerline

of Prospect Avenue.

 

ROCKHILL ROAD - S02B

From the centerline of 63^rd Street to the north line of

Gregory Boulevard.

 

RED BRIDGE ROAD - S02B

From the east line of Wornall Road to the west line

of Blue River Road.

 

HOLMES ROAD - S02B

From the south line of Rockhill Road to a point 180 feet

south of the centerline of 77^th Street.

 

WARD PARKWAY - S0WP

From the south line of Meyer Boulevard to the west line

of Wornall Road.

 

MEYER BOULEVARD - S02B

From the east line of Ward Parkway to the centerline

of Prospect Avenue.

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 West 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 West 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 West 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 West 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 West Park District abutting those lots, tracts and parcels of land.

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Approved as to form and legality:

 

 

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William Geary

Assistant City Attorney