ORDINANCE NO. 090100
Determining the advisability of
the 22nd Street Neighborhood Improvement District; ordering the creation of the
22nd Street Neighborhood Improvement District for a project in Kansas City,
Missouri; and directing the City Clerk to prepare an assessment roll, fix a
date for a hearing, publish notice of the hearing and mail notice to all
property owners regarding the 22nd Street Neighborhood Improvement District.
WHEREAS, pursuant to
the authority of Sections 67.453 through 67.475, RSMo, titled the Neighborhood
Improvement District Act (the Act), proceedings have been undertaken for
certain improvements for a neighborhood improvement district in Kansas City,
Missouri; and
WHEREAS, a petition
signed by the owners of property within the proposed neighborhood improvement
district (the Petition) has been filed with the City Clerk requesting
improvements consisting of the operation and maintenance of existing pedestrian
lighting and sidewalks, specifically the operation and maintenance of
decorative pedestrian lighting on the south side of 22nd Street from the
southwest corner of Wyandotte Street to Broadway Street, the east side of
Central Street from 22nd Street to Southwest Boulevard, and the south side of
21st Street from Central Street to Wyandotte Street; and the maintenance of a
decorative brick sidewalk on the south side of 22nd Street beginning at the
southwest corner of Wyandotte Street to a point approximately 200 linear feet
west of the centerline of Broadway Street (such operation and maintenance
being collectively referred to as the Improvements); and
WHEREAS, the Petition
is proper on its face inasmuch as it sets forth the information required by
Section 67.457.3, RSMo; and
WHEREAS, the Council
herein determines that the Improvements are advisable and that the 22nd Street
Neighborhood Improvement District should be established for the purpose of
accomplishing the same; and
WHEREAS, because the
Improvements consist entirely of the operation and maintenance of existing
improvements and do not include the construction of new improvements, and
because that maintenance will be performed by City subject to the availability
of any funds generated by any assessments which may be imposed, no additional
plans and specifications are needed beyond that information which has already
been prepared by the petitioners and is contained within the Petition; NOW,
THEREFORE,
BE IT ORDAINED BY THE
COUNCIL OF KANSAS CITY:
Section 1. That
the City Council hereby finds and determines that the Petition requesting the
Improvements is complete and proper in all respects, subject to certification
of the Petition by the City Clerk.
Section 2. That
the City Council hereby finds and determines that the Improvements are
advisable and orders a neighborhood improvement district to be established for
the same purpose.
Section 3. That
the City Council hereby makes the following findings with regard to the
Improvements:
A.
The project name for the Improvements shall be the 22nd Street
Neighborhood Improvement District.
B.
The Improvements consist of the operation and maintenance of existing
pedestrian lighting and sidewalks, specifically the operation and maintenance
of decorative pedestrian lighting on the south side of 22nd Street from the
southwest corner of Wyandotte Street to Broadway Street, the east side of
Central Street from 22nd Street to Southwest Boulevard, and the south side of
21st Street from Central Street to Wyandotte Street; and the maintenance of a
decorative brick sidewalk on the south side of 22nd Street beginning at the
southwest corner of Wyandotte Street to a point approximately 200 linear feet
west of the centerline of Broadway Street.
C.
The estimated cost of the Improvements is $11,808.00 per annum, all of
which will be assessed against the properties within the 22nd Street
Neighborhood Improvement District. The estimated annual costs are allocated as
follows:
$11,308.00-operation
and maintenance of decorative pedestrian lighting. $500.00-maintenance
of decorative brick sidewalk.
D.
The final costs of the Improvements assessed the property within the
District shall not exceed the estimated total by more than 25%.
E.
Assessments shall be imposed based on linear feet of front footage using
a two-tiered calculation. Each property within the District shall annually be
assessed their proportionate share of the total costs allocated to operation
and maintenance of decorative pedestrian lighting for the year (Lots A through
S, inclusive, as reflected on Exhibit A, attached hereto). Only those
properties within the District that abut a street containing decorative brick
sidewalk shall annually be assessed a proportionate share of the total costs
allocated to maintenance of decorative brick sidewalk for the year (Lots A
through G, inclusive, as reflected on Exhibit A, attached hereto).
F.
Assessments against the properties within the District shall recur
annually for a period of 15 years. The boundaries of the 22nd Street
Neighborhood Improvement District for purpose of imposing assessments shall be
as described on Exhibit B, attached hereto. The District is located entirely
within the City of Kansas City, Missouri.
Section 4. That
this ordinance shall be in full force and effect ten (10) days from and after
its passage by the City Council or upon certification by the City Clerk of the
sufficiency of the Petition, whichever occurs later.
Section 5. That
the Petition for the 22nd Street Neighborhood Improvement District, which
includes all plans and specifications relevant to the Project, will be kept on
file in the office of the City Clerk and will be open for public inspection.
Section 6.
That the costs of the Improvements will be assessed against every parcel of
property within the District in the manner set forth herein as such method will
result in each property being assessed in proportion to the benefit accruing
thereto.
Section 7. That
the City Clerk shall:
A.
Prepare an assessment roll based on the estimated cost of the
improvements and applying the methodology as set forth herein; and
B.
Fix a date for a hearing to be held by the Council on the Improvements
and the proposed assessments; and
C.
Publish notice of such hearing in compliance with the Act, not more than
twenty (20) days and not less than ten (10) days before the hearing date; and
D.
Mail notice of such hearing to each owner of record of property within
the District pursuant to the Act.
________________________________________________________
Approved as to
form and legality:
_________________________________
Brian
Rabineau
Assistant City Attorney