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Legislation #: 070251 Introduction Date: 3/1/2007
Type: Ordinance Effective Date: none
Sponsor: None
Title: Levying a special assessment on the lots, tracts, and parcels of land in the West Park District 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 Fiscal Year 2007-08 for the purpose of maintaining, repairing, and otherwise improving the boulevards, parkways, roads, streets, avenues and highways in the West Park District.

Legislation History
DateMinutesDescription
2/27/2007 Filed by the Clerk's office
3/1/2007 Referred to Finance and Audit Committee
3/7/2007 Hold On Agenda (3/21/2007)
3/21/2007 Advance and Do Pass, Debate
3/22/2007 Passed

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ORDINANCE NO. 070251

 

Levying a special assessment on the lots, tracts, and parcels of land in the West Park District 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 Fiscal Year 2007-08 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 January 30, 2007 the Board of Parks and Recreation Commissioners adopted Resolution No. 27956, a copy of which is attached, recommending that there be levied for Fiscal Year 2007-08 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 $1,230,641.00. 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 $231,695.00. 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 $998,946.00 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 23.2% 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 grass mowing and trimming as needed during the growing season, removal of scattered trash and debris, 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 levied for Fiscal Year 2007-08, 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 established in the West Park District and now under the control and management of the Board of Parks and Recreation Commissioners:

 

D2-A1

 

BRUSH CREEK BOULEVARD - From the east line of Rockhill Road to the west line of The Paseo.

 

EMANUEL CLEAVER II BOULEVARD - From the east line of J.C. Nichols Parkway to the center line of Prospect Avenue.

 

HARRISON STREET - From the south line of Brush Creek Boulevard to the north line of Emanuel Cleaver II Boulevard.

 


D2-A2

 

BROADWAY - From the north line of the Broadway/West Pennway Viaduct to the centerline of 43rd Street, except the east side from 42nd Street to 43rd Street.

 

J.C. NICHOLS PARKWAY - From the centerline of 43rd Street to the north line of Ward Parkway.

 

26th STREET - From the east line of Jefferson Street to the west line of Broadway Boulevard.

 

31st STREET - From the west line of Broadway Boulevard to the east line of Pennsylvania Avenue.

 

31st STREET - From the east line of Wyandotte (200 W.) to the east line of Pennsylvania Avenue (600 W.)

 

THE PASEO - From the centerline of 31st Street to the centerline of 63rd Street.

 

31st STREET - From east line of Tracy to the west line of The Paseo (1300 E. to 1400 E.), north side.

 

BLUE HILLS ROAD - From north line of 58th Street to south line of 59th Street, east side.

 

D2-A3

 

GILLHAM ROAD - From centerline 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.

 

KENWOOD AVENUE - From the south line of 39th Street to the north line of 43rd Street, and from the south line of 45th Street to the north line of 46th Street.

 

D2-A4

 

GILLHAM ROAD - Southside 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 south line of Lot 6, Block 37, Hyde Park on the west side and to Harrison Parkway on the east side. (Centerline of 39th Street).

 

CHERRY STREET - The east side from north line of 25th Street to a point 204 feet south of 26th Street and the west side from the north line of Lot 89, Dequesne Heights, to the north line of 26th Street.

 

GILLHAM PLAZA - From the south line of 31st Street to the north line of 34th 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.

 

25th STREET - From east line of Gillham Road to west line of Cherry Street, northside.

 

D2-A5

 

WARD PARKWAY - From the west line of Brookside Boulevard to the south line of Meyer Boulevard (including Meyer Circle).

 

D2-A6

 

ARMOUR BOULEVARD - From the east line of Broadway Boulevard to the west line of The Paseo.

 

LINWOOD BOULEVARD - From the east line of Main Street to the centerline of Prospect Avenue.

 

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.

 

ROCKHILL ROAD - From the north line of 45th Street to the centerline of 63rd Street.

 

SWOPE PARKWAY - From the east line of The Paseo to the centerline of Prospect Avenue.

 

WARWICK BOULEVARD - From the south line of Armour Boulevard to the north line of Emanuel Cleaver II 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, Winters Addition).

 

MCGEE STREET - From the south line of Armour Boulevard to the south line of 36th Street.

 

21st STREET - From the east line of West Pennway Avenue to west line of Broadway.

 

BROOKSIDE BOULEVARD - From the south line of Emanuel Cleaver II Boulevard to the north line of Meyer Boulevard.

 

D2-A7

 

VALENTINE ROAD - From the east line of Genessee to the west line of Broadway Boulevard.

 

38th STREET - From the east line of Roanoke Road to the west line of Broadway Boulevard.

 

39th STREET - South side, Kenwood Avenue to Holmes Road.

 

KARNES BOULEVARD - From the east line of Pennsylvania Street at 31st Street to the west line of Roanoke Road.

 

WYOMING - From the north line of 37th Street to the north line of Valentine Road.

 

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 south line of 40th Street.

 

HARRISON PARKWAY - From the north line of 39th Street, N.E. to the west line of Harrison Boulevard.

 

HARRISON BOULEVARD - From the south line of Armour Boulevard to the north line of 39th Street.

 

HARRISON STREET - From the north line of 45th Street to the east line of Gillham Road.

 

ROCKHILL TERRACE and CHARLOTTE STREET - From the east/south line of West Gillham Road to the 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.

 

JANSSEN PLACE - From the north line of 38th Street to the north line of Harrison Parkway.

 

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.

 

LOCUST STREET - From north line of 39th Street to the north line of 40th Street.

 

37th STREET - From the east line of Harrison Boulevard to the west line of Troost Avenue.

 

VOLKER BOULEVARD - from the east line of Brookside Boulevard to the west line of The Paseo.

 

ROANOKE BOULEVARD - From the south line of Karnes Boulevard to the north line of Valentine Road.

 

40th STREET - From the west line of Virginia to the west line of The Paseo.

 

41st STREET - From the west line of Oak Street east to a point 131.75 feet east of Locust Street.

 

44th STREET - From the east line of Gillham Road to the east line of Charlotte Street.

 

CHARLOTTE STREET - From the north line of 44th Street to the east line of Gillham Road.

 

45th STREET - From the east line of Gillham Road to the east line of Harrison Street.

 

45th STREET - From the east line of Rockhill Road to the west line of Rockhill Terrace.

 

46th STREET - From the east line of Rockhill Road to the west line of Holmes Road.

 

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.

 

GLEED TERRACE - From the west line of Holmes Street to the east line of Campbell.

 

D2-A8

 

BROADWAY - Broadway from the south line of Interstate 70 to the 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 north line of the Broadway-West Pennway Viaduct.

12th STREET - From the east line of Broadway to the centerline of Main Street.

 

GRAND BOULEVARD - From the centerline of Truman Road (15th Street) to the centerline of Main Street.

 

D4-A2

 

THE PASEO - From the centerline of 63rd Street to a point 205 feet south of the centerline of 79th Street.

 

GREGORY BOULEVARD - From the east line of Ward Parkway to the centerline of Prospect Avenue.

 

ROCKHILL ROAD - From the centerline of 63rd Street to the north line of Gregory Boulevard.

 

RED BRIDGE ROAD - From the east line of Wornall Road to the west line of Blue River Road.

 

D4-A3

 

HOLMES ROAD - From the south line of Rockhill Road to a point 180 feet south of the centerline of 77th Street.

 

WARD PARKWAY - From the south line of Meyer Boulevard to the west line of Wornall Road.

 

MEYER BOULEVARD - From the east line of Ward Parkway to the centerline of Prospect Avenue.

 

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 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 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 West 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 Director of Finance.

 

Section 5. The special assessment levied shall be entered and extended by the Director of Finance against each lot and parcel of land in the West Park District liable for such assessment, and shall be a lien on the property 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 law for entering, extending and collecting special assessments on real property, except that no rebate shall be deducted or allowed from the assessment in any case. Each special assessment levied under this ordinance shall become delinquent at the same time as other special assessments levied 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 special assessments.

 

Section 6. The laws and ordinances governing the entering, extending, payment, collection, and the sale for nonpayment of special assessments shall, as far as practicable, apply to the this special assessment, 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 may be collected by suit in the manner prescribed law, except in case of such suit, the amount and description of the assessment shall be evidenced by certificate of the Director of Finance instead of by special assessment tax bill.

 

Section 7. All sums obtained from the special assessment levied and made upon all lots, tracts and parcels of land abutting on any boulevard, parkway, road, street, avenue and highway or portion described 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.

 

_________________________________________________

 

Approved as to form and legality:

 

 

___________________________________

William Geary

Assistant City Attorney