ORDINANCE NO. 030243

Levying a special assessment on the lots, tracts, and parcels of land in the East Park District of Kansas City, Missouri, abutting on certain boulevards, parkways, roads, streets, avenues and highways in the East Park District under the control and management of the Board of Parks and Recreation Commissioners for the Fiscal Year 2003-2004 for the purpose of maintaining, repairing, and otherwise improving the boulevards, parkways, roads, streets, avenues and highways in the East 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 East 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 East 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 East 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 February 18, 2003 the Board of Parks and Recreation Commissioners of Kansas City, Missouri, adopted Resolution No. 25732, 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 2003-2004 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 East 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 East 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 East Park District amounts to $1,058,898.00. 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 East 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 East Park District of the City which is projected to be $243,000.00. The difference between the estimated cost of all special

benefits and services in the East Park District and the amount of the aggregate special assessments projected amounts to $815,898.00 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 East Park District of the City, the special assessment levied under this ordinance will fund 22.9% of the estimated cost of all special benefits and services on the boulevards, parkways, roads, streets, avenues and highways in the East Park District.

Section 2. The maintenance, repair and improvement of certain boulevards, parkways, roads and other highways within the East 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, 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 East 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 East Park District in Kansas City, Missouri, there is hereby levied for the Fiscal Year 2003-2004, 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 East Park District and now under the control and management of the Board of Parks and Recreation Commissioners of said City, to-wit:

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SEARCY CREEK PARKWAY - From the north line of State Highway 210 to the south line of Parvin Road.

BRIARCLIFF PARKWAY - From the west line of N.E. Briarcliff Road to north line of State Highway 9.

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TIFFANY SPRINGS PARKWAY - From a point 500 feet west of the center line of Prairie View Road to a point 400 feet east of the center line of North Revere Avenue.

SHOAL CREEK PARKWAY - From the east line of State Highway I-435 to a point 2,150 feet north of the center line of N.E. 87th Street.

LINE CREEK PARKWAY - From the north line of Barry Road to the south line of Stagecoach Road.

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THE PASEO - From Kessler Park to 31st Street, except the north line of lots 93 and 94, Hurcks Subdivision of Guinotte Bluffs; and except from 19th Street to 22nd Street on the west side; and except from 19th Street to 24th Street on the east side; and except 15th Street to 17th Street Terrace on the east side, and except the southerly line of lot 101 Suwanee.

17th TERRACE (John Buck ONeil Way) - The south side from the east line of The Paseo to the west line of Woodland Avenue.

WEST PASEO BOULEVARD - From the north line of 24th Street to the north line of 27th Street.

27th STREET - From the west line of West Paseo Boulevard to the east line of Vine Street (1500 E.).

TROOST LAKE DRIVE - From the east line of The Paseo to the west line of Vine Street.

EUCLID AVENUE - West side from the south line of Spring Valley Park to 29th Street.

SPRING VALLEY PLAZA - North side from east line of Vine Avenue to west line of Woodland Avenue.

12th STREET - From the centerline of Main Street to the west line of Benton Boulevard.

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BLUE PARKWAY - From the east line of Swope Parkway to the east line of Elmwood Avenue.

EMANUEL CLEAVER II BOULEVARD - From the centerline of Prospect to the east line of Elmwood Avenue, except from Jackson to Elmwood on the southside.

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ADMIRAL BOULEVARD - From the east line of Grand Boulevard to the east line of Highland Avenue.

HIGHLAND AVENUE - From the south line of Independence Boulevard to the north line of Admiral Boulevard.

INDEPENDENCE BOULEVARD - From the west line of Highland Avenue to the east line of Benton Boulevard.

MAPLE BOULEVARD - From the north line of Independence Boulevard to the south line of Maple Park.

TRABER - A parkway conveyed to Kansas City by Ella A. Traber, et al, under Ordinance No. 13257, approved July 31, 1912, within the East Park District in Kansas City, Missouri.

WOODLAND AVENUE - South boundary of Traber Gardens 75 feet south.

ST. JOHN AVENUE - From the center line of Wabash Avenue to the center line of Garfield Avenue.

GLADSTONE BOULEVARD - From the north line of Independence Boulevard to the west line of Belmont Boulevard.

SUNRISE DRIVE - From the west line of Askew Avenue to the west line of Gladstone Boulevard.

BENTON BOULEVARD - From the south line of Gladstone Boulevard (St. John Avenue) to the north line of Swope Parkway, except the right-of-way occupied by tracts of the Kansas City Terminal Railway Company.

BENTON PLAZA - From the south line of 15th Street (Truman Road) to the north line of Benton Boulevard.

PROSPECT BOULEVARD - From the north line of Independence Boulevard to the south line of Kessler Park.

LEXINGTON STREET - From the east line of Bellefontaine Street to the east line of Montgall.

MONTGALL - From north line of Lexington to north line of Smart.

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CHESTNUT PARKWAY - From the north line of Independence Boulevard to the north line of Kessler Park.

BUDD PARK ESPLANADE - From the east line of Van Brunt Boulevard to the west line of Hardesty Avenue.

BRIGHTON AVENUE - From the south line of St. John Avenue to south line of Budd Park Esplanade prolonged west from Hardesty Avenue.

EMANUEL CLEAVER II BOULEVARD - From the centerline of 31st Street to the east line of Elmwood, except along the south line, south of Brush Creek, east of Elmwood Avenue.

VAN BRUNT BOULEVARD - From the south line of Gladstone Boulevard to the centerline of 31st Street, except from 16th Street to 20th Street on the east side; and except the north line of 26th Street from a point on the west line of Hardesty to a point 105.6 feet west of same.

LINWOOD BOULEVARD - From the centerline of Prospect Avenue to the west line of Van Brunt Boulevard.

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GRAND BOULEVARD - From the centerline of 15th Street (Truman Road) to the Missouri River Levee Road at the ASB Bridge.

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GREGORY BOULEVARD - From the centerline of Prospect Avenue to the east line of Swope Park except lots76 to 86, both inclusive, in Swopeland Addition.

MYRTLE AVENUE - West side from south line of Gregory Boulevard to north line of 71st Street.

63rd STREET - From the east line of Swope Parkway to the east line of East Zoo Drive (4600 E.).

WEST LONGVIEW PARKWAY - From the north line of Bannister Road north 1320 feet except abutting property on west side from centerline of Bannister Road north 1331.19 feet.

WEST LONGVIEW PARKWAY - From the south line of 107th Street at James A. Reed Road to the west line of Raytown Road.

SWOPE PARKWAY - From the centerline of Prospect Avenue to the south line of 67th Street.

67th STREET - From the east line of Swope Parkway (Cleveland Avenue) to the west line of Elmwood Avenue.

MEYER BOULEVARD - From the centerline of Prospect Avenue to the west line of Swope Parkway.

ELMWOOD AVENUE - From the north line of Gregory Boulevard to the north line of 67th Street.

Section 4. Upon the effective date of this ordinance, 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 East 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 City land parcel records, 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 East Park District set forth in this ordinance the City Treasurer 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 East 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 East 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 East 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