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:
D1-A1
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.
D1-A2
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.
D3-A1
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.
D3-A2
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.
D3-A3
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.
D3-A4
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.
D3-A7
GRAND BOULEVARD - From the
centerline of 15th Street (Truman Road) to the Missouri River Levee Road at the
ASB Bridge.
D4-A1
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.
__________________________________________________________________
Approved
as to form and legality:
___________________________________
Assistant
City Attorney