ORDINANCE NO. 980326
Levying
a special assessment on the lots, tracts, and parcels of land in the West Park
District of Kansas City, Missouri, abutting on certain boulevards, parkways,
roads, streets, avenues and highways in the West Park District under the
control and management of the Board of Parks and Recreation Commissioners for
the Fiscal Year 1998-1999 for the purpose of maintaining, repairing, and
otherwise improving the boulevards, parkways, roads, streets, avenues and highways
in the West Park District.
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 will exceed the aggregate
special assessments projected to be levied on all lots, tracts and parcels of
land abutting on the boulevards, parkways, roads, streets, avenues and highways
in the West Park District, 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 of the City and that each 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; and
WHEREAS,
on March 10, 1998 the Board of Parks and Recreation Commissioners of Kansas
City, Missouri, adopted Resolution No. 24240, a copy of which is attached
hereto and by reference made a part hereof, recommending to the City Council
through the City Manager that there be levied for the Fiscal Year 1998-1999 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 of the City under the control
and management of the Board as described in the Board Resolution and this
ordinance 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 West Park District 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. In the aggregate, the estimated cost of all special benefits and services
for maintenance, repair, and improvement of boulevards, parkways, roads,
streets, avenues and highways in the West Park District amounts to
$1,275,724.00. This cost exceeds the aggregate special assessments to be
levied on all lots, tracts and parcels of land abutting on the boulevards,
parkways, roads, streets, avenues and highways in the West Park District, 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 of the City which is
projected to be $400,000.00. The difference between the estimated cost of all
special benefits and services in the West Park District and the amount of the
aggregate special assessments projected amounts to $875,724.00 which shall be
funded from other sources. On the average, based
on
the 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 of the City, the
special assessment levied under this ordinance will fund 31.4% of the estimated
cost of all special benefits and services on the boulevards, parkways, roads,
streets, avenues and highways in the West Park District.
Section
2. The maintenance, repair and improvement of certain boulevards, parkways,
roads and other highways within the West Park District includes but is not
limited to weekly grass mowing and trimming as needed during the growing
season, removal of scattered trash and debris approximately forty (40) times a
year, street sweeping approximately sixteen (16) times a year, removal of
leaves collected at the curbside in autumn, application of herbicides as
needed, ice and snow removal operations, landscape improvements including
planting and care of trees, shrubs and annual floral displays, tree pruning and
removal, operation of specialized lighting, operation and maintenance of
irrigation systems, and administration and inspection of activities thereon
and confers a special benefit upon the real property abutting the boulevards,
parkways, roads, streets, avenues and highways within the West Park District
and the amount of the special assessment levied under this ordinance 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 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.
Section
3. That for the purpose of maintaining, repairing, and otherwise improving the
boulevards, parkways, roads, streets, avenues and highways hereinafter
described and located in the West Park District in Kansas City, Missouri, there
is hereby levied for the Fiscal Year 1998-1999, a special assessment of one
dollar ($1.00) per lineal foot on all lots, tracts, and parcels of land,
abutting the following-named boulevards, parkways, roads, streets, avenues and
highways heretofore established in the 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 39th 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 63rd 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 63rd Street.
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.
Ward Parkway - from the west line of Brookside Boulevard
to the south line of Meyer Boulevard (including Meyer Circle).
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
4. Upon the effect date 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 abutting each boulevard,
parkway, road, streets, avenues and highway in the West Park District set forth
in this ordinance, and the descriptions shall list the names of the owners of
the lots and parcels of land as shown by the books of the City Assessor, 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 West Park
District set forth in this ordinance the City Assessor shall make a separate
and complete list of the abutting lots and parcels of land, and deliver the
list to the Commissioner of Accounts.
Section
5. The special assessment levied shall be entered and extended by the
Commissioner of Accounts against each lot and parcel of land in the West Park
District liable for 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 the City
Charter for entering, extending and collecting special assessments on real
property, except that no rebate shall be deducted or allowed from said
assessment in any case. Each special assessment levied under this ordinance
shall become delinquent at the same time as other special assessments levied
under the City Charter and ordinances 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 special assessments.
Section
6. The laws and ordinances governing the entering, extending, payment,
collection, and the sale for nonpayment of special assessments of the City,
shall, as far as practicable, apply to 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 assessment tax bill.
Section
7. All sums obtained from the special assessment hereby levied and made upon
all lots, tracts and parcels of land abutting on any boulevard, parkway, road,
street, avenue and highway or portion thereof described herein shall constitute
a part of West Park District 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.
__________________________________________________________________
Approved
as to form and legality:
___________________________________
Assistant
City Attorney