COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 970361
Levying a special assessment for the Fiscal Year
1997-1998 upon all real estate, exclusive of the improvements thereon, not
exempt by law from general taxation, in the West Park District in Kansas City,
Missouri, for the purpose of maintaining, adorning, constructing, repairing and
otherwise improving the parks, parkways, boulevards and roads located in said
West Park District, and providing for the manner of payment and collecting of
said special assessment, in pursuance of Section 60 of Article III of the
Charter of Kansas City.
WHEREAS, the Board of Parks and Recreation
Commissioners of Kansas City, Missouri, through the City Manager, has
recommended to the Council of said City by Resolution No. 23807, adopted March
25, 1997, a copy of which is attached hereto and by reference made a part
hereof, that a special assessment be made upon the real estate, exclusive of
the improvements thereon, in the WEST PARK DISTRICT for the Fiscal Year
1997-1998, for the purpose of maintaining, adorning, constructing, repairing
and otherwise improving the parks, parkways, roads and boulevards located in
the WEST PARK DISTRICT, which are under the control and management of the Board
of Parks and Recreation Commissioners of said 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, 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 for the purpose of maintaining,
adorning, constructing, repairing and otherwise improving the parks, parkways,
roads and boulevards located in the WEST PARK DISTRICT, in Kansas City,
Missouri, as described in Board Resolution No. 23807, said Board does hereby
recommend to the Council of Kansas City that there be levied for the Fiscal
Year of 1997-1998, a special assessment of fifty cents ($.50) on each hundred
dollars of the assessed value upon real estate not exempt by law from taxation herein
imposed, exclusive of buildings and improvements therein, in the WEST PARK
DISTRICT, in Kansas City, Missouri, and that said special assessment be levied
according to the valuation and assessment of real estate in said WEST PARK
DISTRICT made for City purposes for said year.
Section 2. The special assessment hereby levied and
made shall be used for the purpose of maintaining, adorning, constructing,
repairing and otherwise improving the parks, parkways, roads and boulevards, or
portions thereof, located in the WEST PARK DISTRICT, which are under the
control and management of the Board of Parks and Recreation Commissioners, as
provided by Section 60 of Article III of the Charter of Kansas City.
Section 3. The maintenance, construction, repair
and improvement of the parks, parkways, roads and boulevards located in 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 hereby levied
shall be entered and extended by the Commissioner of Accounts against each
tract or parcel of land in said WEST PARK DISTRICT liable to such assessment,
and shall be a lien thereon from the date of the taking effect 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 Charter and ordinances for
entering, extending and collecting of general City taxes on said real
property. Said 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 the Charter and ordinances in the case of
delinquent general City taxes.
The laws and ordinances 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 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 tax bill.
The taxes herein levied above are levied subject to
adjustment upon receipt of equalized assessments and the extension, billing and
collection thereof shall be effected in the same manner as that of the General
Taxes of the City, anything to the contrary herein notwithstanding.
Section 5. It shall be the duty of the City
Treasurer to keep a separate account of all the assessments levied and
collected in pursuance of this ordinance, and said moneys, when collected,
shall be deposited in the banks or banking institutions of said City having a
contract with the City for deposit and safekeeping of the funds of said City,
in pursuance of the Charter and ordinances of Kansas City; and all interest, if
any, received from such depository or depositories on account of the depositing
of any fund therein arising from this assessment 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.
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Approved as to form and
legality:
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Assistant City Attorney