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 43rd Street, except the east
side from
42nd Street to 43rd Street.
J.C. NICHOLS PARKWAY - C11B
From the centerline of 43rd Street to the north
line of
Ward Parkway.
26TH STREET - C11B
From the east line of Jefferson Street to the west line of
Broadway Boulevard.
31st STREET
- C11B
From the west line of Broadway Boulevard to the
east line of Pennsylvania Avenue.
31st 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 31st Street to the centerline
of 63rd Street.
31ST 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 58th Street to south line of
59th Street, east
side.
GILLHAM ROAD - C09B
From
centerline of 39th Street along 40th Street, both sides
from Kenwood Avenue to Holmes Street;
along
41st Street; both sides from Oak Street to alley east of
Locust
Street; along 43rd Street, north side, from Oak Street
to
southeast corner of lot 25, Block 14, Vanderbilt Place;
the
easterly side from 43rd Street to north line of
Brush
Creek Boulevard.
KENWOOD AVENUE - C09B
From the south line of 39th Street to the north
line of
43rd Street, and from the south line of 45th Street to the
north line of 46th 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 22nd Street to Pershing Road;
both sides of Gillham Road from the
south line of
25th 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 39th Street).
CHERRY STREET - C10B
The east side from north line of 25th Street to a
point
204 feet south of 26th Street and the west side
from
the north line of Lot 89, Dequesne Heights, to the
north line of 26th Street.
GILLHAM PLAZA - C09B
From the south line of 31st Street to the north
line of
34th 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 25th Street.
25TH 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 43rd
Street and west on 43rd Street
to the west line of Genessee.
ROCKHILL ROAD - C09B
From the north line of 45th Street to the centerline
of 63rd 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 17th
and Holly Streets to the
north line of 26th
Street ( except from 23rd Street to 26th Street
and except Lot 94, Block 25,
Winters Addition).
MCGEE STREET - C10B
From the south line of Armour Boulevard to the
south line of 36th
Street.
21ST 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.
38TH STREET
- C11B
From the east line of Roanoke Road to the west
line of Broadway Boulevard.
39TH STREET -
C11B
South side, Kenwood Avenue to Holmes Road.
KARNES BOULEVARD - C11B
From the east line of Pennsylvania Street at 31st Street
to the west line of Roanoke Road.
WYOMING - C11B
From the north line of 37th 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 40th Street.
HARRISON PARKWAY -
C09B
From the north line of 39th 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 39th
Street.
HARRISON STREET - C09B
From the north line of 45th 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 38th Street to the north line
of Harrison Parkway.
KENWOOD AVENUE - C09B
From the south line of 39th Street to the south line of
43rd Street, and from
the north line of 45th
Street to the south line of 46th Street.
LOCUST STREET - C09B
From north line of 39th Street to the north line of
40th Street.
37TH 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.
40TH STREET -
C09B
From the west line of Virginia to the
west line of The Paseo.
41ST STREET -
C09B
From the west line of Oak Street east to a point
131.75 feet east of Locust Street.
44TH STREET -
C09B
From the east line of Gillham Road to the east line
of Charlotte Street
CHARLOTTE STREET - C09B
From the north line of 44th Street to the east line of
Gillham Road.
45TH STREET -
C09B
From the east line of Gillham Road to the east line of
Harrison Street.
45TH STREET -
C09B
From the east line of Rockhill Road to the west line
of Rockhill Terrace.
46TH 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 39th Street.
HOLMES STREET - C09B
From the south line of 45th 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 25th
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.
12TH STREET
- C13B
From the east line of Broadway to
the centerline of
Main Street.
GRAND BOULEVARD - C13B
From the centerline of Truman Road ( 15th Street)
to the centerline of Main Street.
THE PASEO - S02B
From the centerline of 63rd Street to a point 205 feet
south of the centerline of 79th Street.
GREGORY BOULEVARD -
S02B
From the east line of Ward Parkway to the centerline
of Prospect Avenue.
ROCKHILL ROAD - S02B
From the centerline of 63rd 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 77th 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.
_________________________________________________
Approved as to
form and legality:
___________________________________
William Geary
Assistant City Attorney