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.

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Approved as to form and legality:

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Assistant City Attorney