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.

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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.

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Randall J. Landes

Director of Finance

Approved as to form and legality:

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Stephen Walsh

Assistant City Attorney