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Legislation #: 090182 Introduction Date: 3/5/2009
Type: Ordinance Effective Date: 3/29/2009
Sponsor: COUNCILMEMBER HERMANN
Title: Levying a maintenance tax for Fiscal Year 2009-10 upon all real estate, exclusive of improvements, not exempt by law from general taxation, for the purpose of maintaining, adorning, constructing, repairing and otherwise improving the parks, parkways, boulevards, roads and grounds, and providing for the manner of payment and collecting the special assessment.

Legislation History
DateMinutesDescription
3/3/2009 Filed by the Clerk's office
3/5/2009 Referred to Finance and Audit Committee
3/11/2009 Hold On Agenda (3/18/2009)
3/18/2009 Advance and Do Pass, Debate
3/19/2009 Passed

View Attachments
FileTypeSizeDescription
090182.pdf Agrmts And Bonds 119K authenticated copy
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=090182 Video Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=090182
28501.pdf Advertise Notice 65K 28501
Budget Ord Fiscal Note- Parkways.xls Fiscal Note 40K Fiscal Note
Budget Ord Fact Sheet-Parkways.xls Other 27K Budget Ord Fact Sheet-Parkways

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ORDINANCE NO. 090182

 

Levying a maintenance tax for Fiscal Year 2009-10 upon all real estate, exclusive of improvements, not exempt by law from general taxation, for the purpose of maintaining, adorning, constructing, repairing and otherwise improving the parks, parkways, boulevards, roads and grounds, and providing for the manner of payment and collecting the special assessment.

WHEREAS, on February 10, 2009 the Board of Parks and Recreation Commissioners adopted Resolution No. 28501, a copy of which is attached, recommending a maintenance tax be levied upon the real estate, exclusive of improvements, for the purpose of maintaining, adorning, constructing, repairing and otherwise improving the parks, parkways, boulevards, roads and grounds which are under the control and management of the Board of Parks and Recreation Commissioners of the City; 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, boulevards, roads and grounds located in the City the Board of Parks and Recreation Commissioners has recommended to the City Council, for Fiscal Year 2009-10, the levy of a maintenance tax of fifty cents ($.50) on each hundred dollars of the assessed value be levied upon real estate not exempted by law from taxation, exclusive of buildings and improvements, and that the maintenance tax be levied according to the valuation and assessment of real estate for Fiscal Year 2009-10.

Section 2. That for the purpose of maintaining, adorning, constructing, repairing and otherwise improving the parks, parkways, boulevards, roads and grounds located in the City under the control and management of the Board of Parks and Recreation Commissioners, a maintenance tax of fifty cents ($.50) on each hundred dollars of the assessed value upon real estate, exclusive of buildings and improvements, not exempted by law from taxation is imposed and levied according to the valuation and assessment of real estate for Fiscal Year 2009-10.

Section 3. The maintenance tax levied shall be entered and extended by the Director of Finance against each tract or parcel of land liable for the tax, and shall be a lien on the property from the effective date of this ordinance and shall 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 that real property. The maintenance tax levied 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 general taxes of the City, shall, as far as practicable, apply to the maintenance tax 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 accrued interest and penalties, including fees provided by Section 817, Charter, may be collected by suit in the manner prescribed by law, except in the case of such suit, the amount of the assessment and the description thereof shall be evidenced by certificate of the Director of Finance, instead of by special tax bill.

Section 5. The maintenance taxes levied are subject to adjustment upon receipt of equalized assessments and the extension, billing and collection shall be accomplished in the same manner as that of the general City taxes.

Section 6. It shall be the duty of the Director of Finance to keep a separate account of all the taxes 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 maintenance tax fund, and shall be used for the same purposes for which this levy is made.

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Approved as to form and legality:

 

 

_________________________________

William Geary

Assistant City Attorney