COSTS OF CONSTRUCTION, SPECIAL ASSESSMENTS

Kansas City Code ch. 60, art. II, div. 2

in effect

Kansas City Code § 60-40 Payment for sewer improvements and construction outside the city limits.

Sec. 60-40. - Payment for sewer improvements and construction outside the city limits. For the purpose of purifying or handling the discharge from any sewer, or outlet thereof, the city may from time to time by ordinance provide for the construction or reconstruction within or without the limits of the city, of sewers, sewer outlets, or other sewage reduction or purifying devices, or any other plan or device to care therefor. The cost of such sewers, sewer outlets, or devices may be paid for in part or in whole out of the general fund or bond funds; or in case of their use in connection with a district or joint district sewer, or outlet thereof, the cost may be paid for in part or in whole by special assessments levied against the lands in the sewer district or joint sewer district from which the sewage is collected, in the same manner as cost of constructing or extending a district or joint district sewer therein may be paid. (Ord. No. 120551, § 1, 6-28-12)

Kansas City Code § 60-41 Institution of proceedings by resolution; estimate.

Sec. 60-41. - Institution of proceedings by resolution; estimate. All proceedings to make any of the public improvements authorized herein shall, unless otherwise expressly provided in this Code, be begun by the adoption and entry of a declaration of necessity (hereinafter referred to as the resolution) by the director of water services. Such resolution shall be entered on the records of the department, and shall state the nature of the improvement, and when the same is to be paid for in special tax bills or other evidences of assessments upon real property (or out of the revolving public improvement fund, to be reimbursed by collection of such assessments), it shall state the method of making assessments to pay therefor. The director shall prepare an estimate of the probable cost of such proposed improvement. Such estimate shall be open to inspection and discussion at any hearing held as to such improvement. Any error or inaccuracy in such estimate, as compared with the actual cost of the work as finally determined, shall not affect the validity of the proceedings or of any assessments made or tax bills or other securities issued to pay for such work. (Ord. No. 120551, § 1, 6-28-12)

Kansas City Code § 60-42 Hearing set; publication of notice.

Sec. 60-42. - Hearing set; publication of notice. (a) Publication. At or after the adoption and entry of record of any such resolution (described in section 60-41), the director of water services shall, by order, fix a day upon which a hearing in respect to such improvement shall be had, which day shall be within 30 days after the date when such order is made. The director shall also cause to be published for six days in the newspaper at the time doing the city printing, and if there be no such paper, then in any other newspaper published in the city, a notice of the proposed improvement. Such notice shall recite briefly the fact that such improvement is proposed, the general nature thereof, the sewer district or districts within which, such improvement is proposed to be made, and that a hearing concerning the same will be had by the said director, at his office, or other place designated in the notice, and the date upon which the hearing shall be had. (b) Mailing to property owners. The director of the water services department shall also cause a notice of proposed improvement to construct such proposed sewers and related appurtenances thereto to be sent by mail to every owner whose property will be subject to assessment. Such notice should include information required by state statutes. Names of such property owners shall be determined and taken from the assessment and levy of general taxes by the city; but no defect or mistake in the records or in the description therein of the lots or in the name of such apportionment shall impair the validity of the assessments, liens or bills issued pursuant to this article. The absence of proof that such notice was sent or received shall not affect the validity of the proceedings, or of any special assessment thereafter made, so long as the published notice specified in subsection (a) of this section has been properly accomplished. (Ord. No. 120551, § 1, 6-28-12)

Kansas City Code § 60-43 Hearing; decision of director.

Sec. 60-43. - Hearing; decision of director. On the date fixed for such hearing (provided for in section 60-43) any and all property owners interested in such improvement may, by written petition or otherwise, present their views in respect to the proposed improvement to the said director, and the said director may adjourn the hearing from time to time. After such hearing, if the said director shall determine that it is not for the public interest that the proposed improvement, or a part thereof, be made, and paid for either out of the general fund or by any method of assessment, or otherwise, the director shall make an order to that effect, and thereupon the proceedings for the improvement, or part thereof, determined against by such order, shall stop and shall not be begun again until the adoption of a new resolution. No remonstrance or objection shall stay any proceedings, and when the director of the water services department determines such project or any portion thereof to be necessary or unnecessary, the director's decision shall be final. Within 30 days after the director of the water services department has made a determination of necessity, the director of the water services department shall cause a notice of that determination, containing the legal description of each property that will be subject to assessment, to be filed in the office of the recorder of deeds for the county in which the properties are located. Any failure by the director of the water services department to file the notice in accordance with this section shall not invalidate the special assessments subsequently levied, and the burden of proof shall be upon anyone claiming damage on account thereof to show, in an appropriate action, the fact of such failure and that actual damage was caused thereby. (Ord. No. 120551, § 1, 6-28-12)

Kansas City Code § 60-44 Rules for apportioning assessments.

Sec. 60-44. - Rules for apportioning assessments. When the cost of the whole or any part of any improvement referred to or authorized in this article is to be paid for by special assessments or by special tax bills evidencing special assessments on lands deemed benefited by such improvement, such assessments shall, unless otherwise herein expressly provided and authorized, be made, levied and assessed according to the area rule, which shall be held to mean that the required sum shall be assessed and charged against the several lots, tracts and parcels of land, subject to special assessment by the city, within the chargeable district, in the proportion that their areas respectively bear to the area of all the lands within the chargeable district, exclusive of public highways therein. (Ord. No. 120551, § 1, 6-28-12)

Kansas City Code § 60-45 Cost of district sewers; how apportioned.

Sec. 60-45. - Cost of district sewers; how apportioned. As soon as the work of constructing, changing, diminishing, enlarging or extending any district sewer, as aforesaid, shall have been completed under a contract let for the purpose, the director of water services shall compute the whole cost thereof, and apportion and charge the same or the portion of same to be paid by special assessments as a special tax against the lots, tracts and parcels of land in the district, in the proportion that their respective areas bear to the area of the whole district exclusive of the streets, parkways, boulevards, alleys and public highways therein, according to the area rule, as defined above, or by application of a different method if required by state statute. The director of water services shall thereupon, except as in this article provided, make out and certify to the city in cases provided for in this article, special tax bills for the amount of the special tax against each lot, tract and parcel of land in the district. The city shall in no event, nor in any manner whatever, be liable for or on account of the cost of work done in constructing, changing, diminishing, enlarging or extending any district sewer, except as in this article provided. (Ord. No. 120551, § 1, 6-28-12)

Kansas City Code § 60-46 Cost of joint district sewers; how apportioned.

Sec. 60-46. - Cost of joint district sewers; how apportioned. The cost of joint district sewers shall be apportioned and assessed in the same manner as district sewers. (Ord. No. 120551, § 1, 6-28-12)

Kansas City Code § 60-47 Preparation of assessment roll.

Sec. 60-47. - Preparation of assessment roll. After the director of the water services department computes the applicable cost, the director shall submit to the finance department the apportionment of the cost of the project as provided for in sections 60-44, 60-45, and 60-46. The finance department shall prepare a roll of all lots or parcels of real estate to be so assessed, containing the name and mailing address of the owner of each such lot or parcel, and a special tax statement for each such lot or parcel. (Ord. No. 120551, § 1, 6-28-12)

Kansas City Code § 60-48 Assessment notice.

Sec. 60-48. - Assessment notice. After the assessment roll and tax statements provided for in section 60-47 have been certified by the director of the water services department and delivered to the finance department, a copy of the tax statement will be mailed by the finance department to each person whose name appears on such roll. (Ord. No. 120551, § 1, 6-28-12)

Kansas City Code § 60-49 Payment of assessments.

Sec. 60-49. - Payment of assessments. Special assessments issued under this article shall be paid as provided in section 2-1721 of this Code of Ordinances. (Ord. No. 120551, § 1, 6-28-12; Ord. No. 130937, § 8, 12-19-13)

Kansas City Code § 60-50 Assessment to constitute lien on property; collection of delinquent assessments.

Sec. 60-50. - Assessment to constitute lien on property; collection of delinquent assessments. An assessment under this article shall constitute a lien upon the real estate, and when delinquent, shall be subject to collection in the same manner as provided for other public improvement special assessment projects under state law, the City Charter, and the Code of Ordinances. (Ord. No. 120551, § 1, 6-28-12)

Kansas City Code § 60-51 Connection with sewer main not permitted for property for which assessments are delinquent.

Sec. 60-51. - Connection with sewer main not permitted for property for which assessments are delinquent. No connection shall be permitted with any sewer main or appurtenances constructed pursuant to the provisions of this article if, at the time, there is outstanding a delinquent assessment for such sewer main improvement against the real estate to be served by such connection. (Ord. No. 120551, § 1, 6-28-12)

Source: City of Kansas City, Missouri, Code of Ordinances, Charter and Zoning and Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/mo/kansas_city/codes/code_of_ordinances?nodeId=COORKAMIVOII_CH60SESEDI_ARTIISEDRCOCO_DIV2COCOSPASFetched: 10/28/2026