ORDINANCE NO. 120204
Levying a special assessment on
the lots, tracts, and parcels of land in the East Park and West Park Districts
abutting on certain boulevards, parkways, roads, streets, avenues and highways
under the control and management of the Board of Parks and Recreation
Commissioners for Fiscal Year 2012-13 for the purpose of maintaining,
repairing, and otherwise improving the boulevards, parkways, roads, streets,
avenues and highways in these districts.
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 East Park District of the City amounts to $684,062.00 and this
cost would exceed the aggregate special assessments projected to be
$198,902.00, 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 East Park District
levied on all lots, tracts and parcels of land abutting on the boulevards,
parkways, roads, streets, avenues and highways in the East Park District; and
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 amounts to $567,977.00 and this
cost would exceed the aggregate special assessments projected to be
$348,804.00, 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
levied on all lots, tracts and parcels of land abutting on the boulevards,
parkways, roads, streets, avenues and highways in the West Park District; and
WHEREAS, on
February 21, 2012 the Board of Parks and Recreation Commissioners adopted
Resolutions No. 29155 and 29156, copies of which are attached, recommending
that there be levied for Fiscal Year 2012-13 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 East Park and
the West Park Districts of the City under the control and management of the
Board as described in the Board Resolutions 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 East Park
and the West Park Districts 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. That
for the purpose of maintaining, repairing, and otherwise improving the
boulevards, parkways, roads, streets, avenues and highways located in the East
Park and West Park Districts of the City as described in Exhibit 1 of Board
Resolution 29155 and in Exhibit 1 of Board Resolution 29156, respectively,
there is levied for Fiscal Year 2012-13, a special assessment of one dollar
($1.00) per lineal foot on all lots, tracts, and parcels of land, abutting the
boulevards, parkways, roads, streets, avenues and highways established in the
East Park District and the West Park District and now under the control and
management of the Board of Parks and Recreation Commissioners.
Section 2. 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 East Park and West Park Districts as set forth in
Resolutions 29155 and 29156, 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
East and West Park Districts, 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 3. The
special assessment levied shall be entered and extended by the Director of
Finance against each lot and parcel of land in the East Park and West Park
Districts 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 general City taxes 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, 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 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 5. 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 located in the East Park District shall
constitute a part of the Boulevard Maintenance 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 East Park District abutting those lots, tracts and
parcels of land.
Section 6. 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 located in the West Park District shall also
constitute a part of the Boulevard Maintenance 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.
_____________________________________________
I hereby certify that
there is a balance, otherwise unencumbered, to the credit of the appropriation
to which the foregoing expenditure is to be charged, and a cash balance,
otherwise unencumbered, in the treasury, to the credit of the fund from which
payment is to be made, each sufficient to meet the obligation hereby incurred.
___________________________________
Randall
J. Landes
Director
of Finance
Approved
as to form and legality:
___________________________________
Stephen
Walsh
Assistant City Attorney