Printer Friendly Version
ORDINANCE NO. 980327
Levying a special assessment for the Fiscal Year
1998-1999 upon all real estate, exclusive of the improvements thereon, not
exempt by law from general taxation in the East Trafficway District in Kansas
City, Missouri, for the purpose of maintaining, improving and repairing the
trafficways located in said East Trafficway District, and providing for the
manner of payment and collecting of said special assessment, in pursuance of
Section 60 of Article III and Section 356 of Article X of the Charter of Kansas
City.
WHEREAS, the Trafficways Commission of
Kansas City, Missouri, through the City Manager, has recommended to the Council
of said City, in Resolution No. 1998-1, adopted March 21, 1998, a copy of which
is attached hereto and by reference made a part hereof, that a special
assessment be made upon the real estate, exclusive of the improvements thereon,
in the EAST TRAFFICWAY DISTRICT for the Fiscal Year 1998-1999, for the purpose
of maintaining, improving and repairing the trafficways located in the EAST
TRAFFICWAY DISTRICT; 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, 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 in pursuance of Section
60 of Article III and Section 356 of Article X of the Charter of Kansas City
there is hereby levied for the Fiscal Year 1998-1999, upon all real estate,
exclusive of all improvements thereon, not exempt by law from general taxation
in the EAST TRAFFICWAY DISTRICT in Kansas City, Missouri, as established in
Section A13.5 of Article XIII of the Administrative Code of Kansas City,
Missouri, as amended, a special assessment of twenty-five cents ($.25) on each
hundred dollars of the assessed value of all said real estate, exclusive of
said improvements, said assessed value to be the same as shown by the books of
the City Assessor for the assessment of real estate in said EAST TRAFFICWAY
DISTRICT made for general City purposes in said year as to all real estate
listed on said books for taxation for general City purposes.
Section 2. The special assessment hereby
levied and made shall be used for the purpose of maintaining, improving, and
repairing the trafficways located in the EAST TRAFFICWAY DISTRICT, as provided
by Section 60 of Article III and Section 356 of Article X of the City Charter.
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 hereby
levied shall be entered and extended by the Commissioner of Accounts against
each tract or parcel of land in said EAST TRAFFICWAY DISTRICT liable to such
assessment, and shall be a lien thereon from the date of the taking effect 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 the City Charter and
ordinances for entering, extending and collecting of general City taxes on said
real property, except that no rebate shall be deducted or allowed from said
assessment in any case. Said 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 the Charter and ordinances in the case of delinquent
general City taxes.
The
laws and ordinances 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 hereby 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 this state, then the amount of the assessment in default with
interest and penalties accrued thereon may be collected by suit in the manner
prescribed by Section 383, Article XII, of the City Charter, except in the case
of such suit, the amount of said assessment and the description thereof shall
be evidenced by certificate of the City Treasurer, instead of by special tax
bill.
The
taxes herein levied above are levied subject to adjustment upon receipt of
equalized assessments and the extension, billing and collection thereof shall
be effected in the same manner as that of the General Taxes of the City,
anything to the contrary herein notwithstanding.
Section
5. It shall be the duty of the City Treasurer to keep a separate account of
all the assessments levied and collected in pursuance of this ordinance, and
said moneys, when collected, shall be deposited in the banks or banking
institutions of said City having a contract with the City for deposit and
safekeeping of the funds of said City, in pursuance of the Charter and
ordinances of Kansas City; and all interest, if any, received from such
depository or depositories on account of the depositing of any fund therein
arising from this assessment, 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.
__________________________________________________________________
Approved
as to form and legality:
_________________________________
Assistant
City Attorney