ORDINANCE NO. 080403
Amending Ordinance No. 071358, by
repealing Section B, subsection (condition) 4, and enacting in lieu thereof a
new subsection (condition) of like number and subject matter which removes the
requirement for a secured deferral agreement for construction of 416 feet of 108th Street as part of the North Kansas City Elementary School Project. (13813-PD)
WHEREAS, the ordinance approving the rezoning and
development plan for said project contained 17 conditions in Section B,
outlining the conditions of approval; and
WHEREAS, subsection (condition) 4 contained a requirement
that the developer, North Kansas City School District, construct the two
northwesterly lanes of N.E. 108th Street, including curbs, gutter and sidewalks
extending 600 feet and enter into a secured deferred agreement for the
remaining 416 feet as approved by Development Services; and
WHEREAS, N.E.
108th Street is listed as an arterial street on the Citys major street plan
and therefore the requirement for construction is outlined in Chapters 66 and
Chapter 39, Code of Ordinances; and
WHEREAS, it has
been determined that the improvement required for said project is the construction
of the two northwesterly lanes of N.E. 108th Street, including curbs, gutter
and sidewalks extending 600 feet as shown on the
approved development plan; NOW, THEREFORE,
BE IT ORDAINED BY THE
COUNCIL OF KANSAS CITY:
Section 1. That
Ordinance No. 071358 is hereby amended by repealing Section B, subsection
(condition) 4 and enacting in lieu thereof a new condition of like number and
subject matter, to read as follows:
4. That the developer
construct the two northwesterly lanes of N.E. 108th Street, including curbs,
gutter and sidewalks extending 600 feet as shown on the approved development
plan, as required by Development Services.
Section 2. That the Council finds and declares that
before taking any action on the proposed amendment hereinabove, all public
notices have been given.
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Approved as to
form and legality:
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M. Margaret Sheahan Moran
Assistant City Attorney