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Legislation #: 070254 Introduction Date: 3/1/2007
Type: Ordinance Effective Date: none
Sponsor: None
Title: Levying a special assessment for Fiscal Year 2007-08 upon all real estate, exclusive of improvements, not exempt by law from general taxation in the West Trafficway District for the purpose of maintaining, improving and repairing the trafficways located in the West Trafficway District, and providing for the manner of payment and collecting the special assessment.

Legislation History
DateMinutesDescription
2/27/2007 Filed by the Clerk's office
3/1/2007 Referred to Finance and Audit Committee
3/7/2007 Hold On Agenda (3/21/2007)
3/21/2007 Advance and Do Pass, Debate
3/22/2007 Passed

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ORDINANCE NO. 070254

 

Levying a special assessment for Fiscal Year 2007-08 upon all real estate, exclusive of improvements, not exempt by law from general taxation in the West Trafficway District for the purpose of maintaining, improving and repairing the trafficways located in the West Trafficway District, and providing for the manner of payment and collecting the special assessment.

 

WHEREAS, the Trafficways Commission of Kansas City, Missouri has recommended by Resolution No. 2007-3 adopted February 13, 2007, a copy of which is attached, that a special assessment be made upon the real estate, exclusive of improvements, in the WEST TRAFFICWAY DISTRICT for Fiscal Year 2007-08, for the purpose of maintaining, improving and repairing the trafficways located in the WEST 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 there is hereby levied for Fiscal Year 2007-08, upon all real estate, exclusive of all improvements, not exempt by law from general taxation in the WEST TRAFFICWAY DISTRICT, as established in section 2-1936, 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 WEST TRAFFICWAY DISTRICT 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 assessment levied and made shall be used for the purpose of maintaining, improving, and repairing the trafficways located in the WEST TRAFFICWAY DISTRICT.

 

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 levied shall be entered and extended by the Director of Finance against each tract or parcel of land in the WEST TRAFFICWAY DISTRICT 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.

 

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.

 

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 5. 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. All interest received from the depository 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:

 

 

_________________________________

William Geary

Assistant City Attorney