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Legislation #: 921097 Introduction Date: 9/24/1992
Type: Ordinance Effective Date: 10/11/1992
Sponsor: None
Title: Amending Chapter 29 of the Code of General Ordinances by repealing Section 29.19 and enacting in lieu thereof a new section of like number and subject; amending Chapter 21 of the Code of General Ordinance by repealing Section 21.4 and enacting in lieu thereof a new section; both changes waiving the tax clearance requirement for certain sewer permits in hardship cases.

Legislation History
DateMinutesDescription
9/24/1992

Prepare to Introduce

9/24/1992

Referred Finance Committee

9/30/1992

Advance and Do Pass as a Committee Substitute

10/1/1992

Passed as Substituted


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 921097

 

Amending Chapter 29 of the Code of General Ordinances by repealing Section 29.19 and enacting in lieu thereof a new section of like number and subject; amending Chapter 21 of the Code of General Ordinance by repealing Section 21.4 and enacting in lieu thereof a new section; both changes waiving the tax clearance requirement for certain sewer permits in hardship cases.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 29 of the Code of General Ordinances is amended by repealing Section 29.19 and enacting in lieu thereof a new Section 29.19 to read as follows:

 

Section 29.19. Connecting private sewers with district or joint district sewers.

 

(a) No permit shall be issued to connect any private sewers or drainage from any private property with a district or joint district sewer, if such property or any part thereof has been assessed for the construction of district or joint district sewers, and special tax bills have been issued evidencing such assessment, until such assessment or part thereof has been paid, if at the time such permit is applied for such assessment or any part thereof shall be due, but if no part thereof is due when the permit is applied for, then before such permit shall be issued the owner of the property shall file with the Director of Public Works a written agreement not to contest such assessment and to pay such assessment when the same becomes due; and any permit issued where the assessments are not due as aforesaid shall contain the provision that the right to connect with such district or joint district sewers shall cease if any person interested in the property shall contest the validity of such assessment, and if such contest shall be made, all right under such permits shall cease.

 

(b) Notwithstanding the provisions of subsection (a) above, in the event that the City Manager finds that (1) the owner of the property is unable to pay such assessment without undue financial hardship and (2) the issuance of the permit is necessary to abate a nuisance and/or for the public health and safety, such permit may be issued without making the payment or filing the agreement required in subsection (a). This subsection shall have no effect on the owner's obligation to pay the assessment on the property.

 

(c) If the lien of any such tax bills shall have expired under the provisions of the Charter of the City, and no suit has been brought to enforce the same as in the Charter provided, such tax bills shall be presumed to have been paid and the permit may be issued without making the payment or without filing the agreement herein provided.

 

(d) If the owner or anyone interested in the property shall show that any such district or joint district sewer is not constructed in substantial compliance with the ordinance and contract provided for the same, in such case the owner or any person interested in such property shall only be required to pay such amount as the court shall find that such district or joint district sewer benefits the property, such amount in no case to exceed the amount of the special tax bill and interest thereon.

 

 

Section B. That Chapter 21 of the Code of General Ordinances is amended by repealing Section 21.4 and enacting in lieu thereof a new Section 21.4 to read as follows:

 

Section 21.4. Payment of personal property tax and merchant's tax required.

 

(a) No license or permit provided for or required under any ordinance of the City shall hereafter be issued by any department thereof to any person until the city personal tax and merchant's tax for all preceding years and charges for sewer connections lawfully due shall have been paid.

 

(b) No city motor vehicle license shall be issued until the city personal tax on such vehicle for the current year shall have been paid, except as hereinafter provided.

 

(c) If proceedings contesting the tax liability or assessed valuation of a motor vehicle shall be pending before the board of equalization or the courts, the Commissioner of Revenue shall not refuse to issue a motor vehicle license to the owner thereof for the reason of nonpayment of taxes thus contested on any motor vehicle with respect to which such proceedings shall remain pending.

 

(d) It shall be the duty of the Director of Finance to establish and promulgate rules and regulations relative to an orderly method of checking unpaid personal taxes and merchant's taxes in order to determine the amounts thereof due and owing to the City by any such applicant. All departments of the City shall cooperate with the Director of Finance in carrying out the purpose of this section.

 

(e) Dog licenses, dog registration, bicycle licenses and bicycle inspection and sewer connection permits issued upon the City Manager's findings under Section 29.19(b) are hereby excepted from the provisions of this section, and as to such, the provisions hereof shall not apply; provided further, that any honorably discharged member of the armed forces of the United States, who shall present his discharge papers at the time he applies for a motor vehicle license shall be permitted to obtain such license upon the payment of the required fee therefor, without being required to first pay his personal property taxes for the year or years during which such person served in the aforesaid armed forces; provided however, such person has been so discharged from the armed forces within six (6) months next previous to the date upon which he applied for a city motor vehicle license; and provided further that such person shall not be relieved of his obligation to pay such taxes.

 

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Approved as to form and legality:

 

 

 

 

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Assistant City Attorney