COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 970363

Levying a special assessment for the Fiscal Year 1997-1998 on the lots, tracts, and parcels of land in the West Park District of Kansas City, Missouri, found fronting or abutting on certain boulevards, parkways, roads, and highways in said Park District under the control and management of the Board of Parks and Recreation Commissioners, for the purpose of maintaining, repairing, and otherwise improving said boulevards, parkways, roads, and other highways.

WHEREAS, the Board of Parks and Recreation Commissioners of Kansas City, Missouri, through the City Manager, acting in pursuance of Section 62 of Article III of the Charter of said City, has recommended to the Council by Resolution No. 23809, adopted March 25, 1997, a copy of which is attached hereto and by reference made a part hereof, that there be levied for the Fiscal Year 1997-1998, a special assessment of one dollar ($1.00) per front foot on all lots, tracts and parcels of land according to the frontage thereof, found fronting or abutting on the hereinafter named boulevards, parkways, roads, streets, and avenues heretofore established in the WEST PARK DISTRICT of the City of Kansas City, Missouri, and now under the control and management of said Board; 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 per abutting foot, 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 for the purpose of maintaining, repairing, and otherwise improving the boulevards, parkways, roads and other highways hereinafter described and located in the WEST PARK DISTRICT in the City of Kansas City, Missouri, there is hereby levied for the Fiscal Year 1997-1998, a special assessment of one dollar ($1.00) per front or abutting foot on all lots, tracts, and parcels of land, according to the frontage thereof, found fronting or abutting on the following-named boulevards, parkways, roads, and highways heretofore established in said WEST PARK DISTRICT and now under the control and management of the Board of Parks and Recreation Commissioners of said City, to-wit:

Armour Boulevard - from the east line of Broadway to the west line of The Paseo.

Blue Hills Road - from the north line of 58th Street to the south line of 59th Street, east side.

Broadway - from the north line of the Broadway/West Pennway Viaduct to the center line of 43rd Street, except the east side from 42nd Street to 43rd Street.

Broadway - from the south line of Interstate 70 to 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 west line of the Broadway-West Pennway Viaduct.

Brookside Boulevard - from the south line of Brush Creek Boulevard to the north line of Meyer Boulevard.

Brush Creek Boulevard - from the east line of J.C. Nichols Parkway to the center line of Prospect Avenue.

Charlotte Street - from the north line of 44th Street to the east line of Gillham Road.

Cherry Street - the east side from north line of 25th Street to a point 204 feet south of 26th Street and west side from the north line of Lot 89, Dequesne Heights, to the north line of 26th Street.

Fortieth Street - from the west line of Virginia to the west line of The Paseo.

Forty-first Street - from the west line of Oak Street east to a point 131.75 feet east of Locust Street.

Forty-fourth Street - from the east line of Gillham Road to the east line of Charlotte Street.

Forty-fifth Street - from the east line of Gillham Road to the east line of Harrison Street.

Forty-fifth Street - from the east line of Rockhill Road to the west line of Rockhill Terrace.

Forty-sixth Street - from the east line of Rockhill Road to the west line of Holmes Road.

Forty-seventh Street from the west line of The Paseo to the east line of Rockhill Road.

Gillham Road - from center line of 30th 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.

Gillham Road - south side 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 the south line of Lot 6, Block 37, Hyde Park on the west side and to Harrison parkway on the east side. (Center line of 39th Street)

Gillham Plaza - from the south line of 31st Street to the north line of 34th Street.

Gleed Terrace - from the west line of Holmes Street to the east line of Campbell Street.

Grand Boulevard - from the center line of Truman Road (15th Street) to the center line of Main Street.

Gregory Boulevard - from the east line of Ward Parkway to the center line of Prospect Avenue.

Harrison Boulevard - from the south line of Armour Boulevard to the north line of 39th Street.

Harrison Parkway - from the north line of 39th Street, N.E. to the south line of Harrison Boulevard.

Harrison Street - from north line of 45th Street to the east line of Gillham Road.

Harrison Street - from the south line of Brush Creek Boulevard to the north line of 47th Street.

Holmes Road - from the south line of Rockhill Road to a point 180 feet south of the centerline of 77th Street.

Holmes Street - east side, from the south line of Harrison Parkway to the north line of 39th Street.

Holmes Street - from the south line of 45th Street to the north line of Brush Creek Boulevard.

Janssen Place - from the north line of 38th Street to the north line of Harrison Parkway.

Karnes Boulevard - from the east line of Pennsylvania Street at 31st Street to the west line of Roanoke Road.

Kenwood Avenue - from the south line of 39th Street to the north line 43rd Street and from the south line of 45th Street to the north line of 46th Street.

Kenwood Avenue - 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.

Linwood Boulevard - from the east line of Main Street to the center line of Prospect Avenue.

Locust Street - from the north line of 39th Street to the north line of 40th Street.

Manheim Road - from the east line of Holmes Street to the east line of Campbell Street and from the east line of Harrison Boulevard to the east line of 40th Street.

McGee Street - from the south line of Armour Boulevard to the south line of 36th Street.

Meyer Boulevard - from the east line of Ward Parkway to the center line of Prospect Avenue.

J.C. Nichols Parkway - from the center line of 43rd Street to the north line of Ward Parkway.

The Paseo - from the center line of 31st Street to the center line of 79th Street.

The Paseo - from the center line of 63rd Street to a point 205 feet south of the center line of 79th Street.

Pershing Road - from the west line of the Broadway-West Pennway Viaduct to McGee Street and from McGee Street to the south line of 25th Street.

Red Bridge Road - from the east line of Wornall Road to the west line of Blue River Road.

Roanoke Parkway - 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.

Roanoke Boulevard - from the south line of Karnes Boulevard to the north line of Valentine Road.

Rockhill Road - from the north line of 45th Street to the center line of Gregory Boulevard.

Rockhill Road - from the center line of 63rd Street to the north line of Gregory Boulevard.

Rockhill Terrace and Charlotte Street - from the east/south line of West Gillham Road to north line of Brush Creek Boulevard.

Rockhill Terrace - from the south line of West Gillham Road east and south to the north line of Brush Creek Boulevard.

Swope Parkway - from the east line of The Paseo to the center line of Prospect Avenue.

Thirty-first Street - from the east line of Tracy to the west line of The Paseo (1300 E. to 1400 E.), north side.

Thirty-first Street - from the west line of Broadway Boulevard to the east line of Pennsylvania Avenue.

Thirty-first Street - from the east line of Wyandotte (200 W.) to the east line of Pennsylvania Avenue (600 W).

Thirty-seventh Street - from the east line of Harrison Boulevard to west line of Troost.

Thirty-eighth Street- from the east line of Roanoke Road to the west line of Broadway.

Thirty-ninth Street - south side, Kenwood Avenue to Holmes Street.

Twelfth Street - from the east line of Broadway to the center line of Main Street.

Twenty-first Street - from the east line of West Pennway Avenue to west line of Broadway.

Twenty-fifth Street - from east line of Gillham Road to west line of Cherry Street, north side.

Twenty-sixth Street - from the east line of Jefferson Street to the west line of Broadway.

Valentine Road - from the east line of Genessee to the west line of Broadway Boulevard.

Volker Boulevard - from the east line of Brookside Boulevard to the west line of The Paseo.

Ward Parkway - from the south line of Meyer Boulevard to west line of Wornall Road.

Warwick Boulevard - from the south line of Armour Boulevard to the north line of Brush Creek Boulevard.

West Pennway - 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, Winter's Addition).

Wyoming Street - from the north line of 37th Street to the north line of Valentine Road.

Section 2. Upon the taking effect of this ordinance, the City Assessor, aided by the City Engineer and the Director of Parks and Recreation, shall prepare correct descriptions of the several lots and parcels of land found fronting or abutting on each boulevard, parkway, road and highway aforesaid in said park district, which list shall contain the names of the owners of such lots and parcels of land as shown by the books of the City Assessor, and shall show the amount of frontage of each lot, tract and parcel of land on such boulevard, parkway, road and highway, and the City Assessor shall make a separate list for each boulevard, parkway, road and highway aforesaid of the lots and parcels of land fronting and abutting thereon in said park district; and said list thereof, when completed, shall be delivered by the City Assessor to the Commissioner of Accounts.

Section 3. The special assessment levied shall be entered and extended by the Commissioner of Accounts against each lot and parcel of land of and in the WEST PARK 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 for entering, extending and collecting 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 in the case of delinquent general City taxes. The maintenance, repair and improvement of certain boulevards, parkways, roads and other highways within the park district confers a special benefit upon the real property fronting or abutting on said boulevards, parkways, roads and other highways within the park 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.

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 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.

Section 4. All sums obtained from the special assessment hereby levied and made upon all lots, tracts and parcels of land fronting or abutting on any boulevard, parkway, road and other highway or portion thereof above-described shall constitute a part of WEST PARK DISTRICT fund, such part to be used only for the purpose of maintaining, repairing, and otherwise improving such boulevards, parkways, roads and highways, or portions thereof, in said WEST PARK DISTRICT on which said lots, tracts and parcels of land so assessed shall front or abut.

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Approved as to form and legality:

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Assistant City Attorney