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Legislation #: 090186 Introduction Date: 3/5/2009
Type: Ordinance Effective Date: 3/29/2009
Sponsor: COUNCILMEMBER HERMANN
Title: Levying a special assessment upon all real estate, exclusive of improvements, not exempt by law from general taxation in the North, East and West Trafficway Districts for the purpose of maintaining, improving and repairing the trafficways, and providing for the manner of payment and collecting the special assessment.

Legislation History
DateMinutesDescription
3/4/2009 Filed by the Clerk's office
3/5/2009 Referred to Finance and Audit Committee
3/11/2009 Hold On Agenda (3/18/2009)
3/18/2009 Advance and Do Pass, Debate
3/19/2009 Passed

View Attachments
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090186.pdf Authenticated 109K authenticated
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=090186 Video Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=090186
Budget Ord Fiscal Note- Trafficways.xls Fiscal Note 40K Fiscal Note
Budget Ord Fact Sheet-Trafficways.xls Other 27K Fact Sheet

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ORDINANCE NO. 090186

 

Levying a special assessment upon all real estate, exclusive of improvements, not exempt by law from general taxation in the North, East and West Trafficway Districts for the purpose of maintaining, improving and repairing the trafficways, and providing for the manner of payment and collecting the special assessment.

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 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 there is hereby levied upon all real estate, exclusive of all improvements, not exempt by law from general taxation in the North, East and West Trafficway Districts, as established in section 2-1934, 2-1935 and 2-1936, respectively, of the Code of Ordinances, a special assessment of twenty-five cents ($.25) on each hundred dollars of the assessed value of real estate, exclusive of improvements, the assessed value to be the same as shown by the books of the Director of Finance for the assessment of real estate in the North, East and West Trafficway Districts made for general City purposes in the year as to all real estate listed on the books for taxation for general City purposes.

Section 2. The special assessments levied and made in each trafficway district shall be used for the purpose of maintaining, improving, and repairing the trafficways of that district.

Section 3. The special assessment levied shall be entered and extended by the Director of Finance against each tract or parcel of land in the North, East and West Trafficway Districts liable to such assessment, and shall be a lien thereon 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 general City taxes on real property, except that no rebate shall be deducted or allowed from the assessment in any case. The 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 law in the case of delinquent general City taxes.

Section 4. The laws 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 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 Missouri, then the amount of the assessment in default with accrued interest and penalties may be collected by suit, except in the 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 tax bill.

Section 5. The special assessment is levied subject to adjustment upon receipt of equalized assessments. The extension, billing and collection of the special assessment shall be accomplished in the same manner as that of the general taxes of the City.

Section 6. It shall be the duty of the Director of Finance to keep a separate account of all the assessments levied and collected. When collected the moneys shall be deposited in the banks or banking institutions having a contract with the City for deposit and safekeeping of the Citys funds.

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Approved as to form and legality:

 

 

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William Geary

Assistant City Attorney