ORDINANCE NO. 010614

Calling for submission to the voters of Kansas City, at a special election to be held on August 7, 2001, a question amending Article XX of the Charter of Kansas City entitled Miscellaneous Provisions by enacting a new section to be known as Section 463.11 authorizing the vacation of West Pennway from Avenida Cesar E. Chavez to 24th Street as approved and recommended by the Board of Parks and Recreation Commissioners; fixing the date when the amendment shall take effect; directing the City Clerk to notify the responsible election authorities of said election; and recognizing this ordinance to be an emergency measure.

WHEREAS, a special election may be held throughout the City on August 7, 2001; and

WHEREAS, the Board of Parks and Recreation Commissioners by its Resolution No. 25262, as revised by Resolution No. 25405, has approved and recommended that a portion of West Pennway from Avenida Cesar E. Chavez to 24th Street be vacated and removed from the park and boulevard system; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That an election is hereby called for the purpose of submitting to the voters of Kansas City an amendment to the Charter of said City. Such question shall be submitted at the special election to be held August 7, 2001.

Section 2. That upon passage of this ordinance the City Clerk shall immediately deliver certified copies of this ordinance and notice of election to the Board of Election Commissioners of Kansas City, Missouri, to the Board of Election Commissioners of Clay County, Missouri, to the Board of Election Commissioners of Platte County, Missouri, and to the Clerk of the County Commission of Cass County, Missouri, which shall be the authority of said respective election authorities of the City to submit the amendment to the electors of Kansas City as herein provided and to give public notice thereof as provided by law.

Section 3. The notice of election shall read as follows:

____________________________________________________________________________________________________________________________________________________________

NOTICE OF ELECTION

KANSAS CITY, MISSOURI

Notice is hereby given that Kansas City has called a special election to be held in said City on Tuesday, August 7, 2001, between the hours of 6:00 a.m. and 7:00 p.m. C.S.T., at which election all qualified voters residing within Kansas City, Missouri will be given the opportunity to vote.

The official ballot will be in substantially the following form:

_____________________________________________________________________________

OFFICIAL BALLOT

CITY OF KANSAS CITY

SPECIAL ELECTION, AUGUST 7, 2001

QUESTION NO. ___

Shall the Charter of Kansas City be amended to vacate West Pennway between Avenida Cesar E. Chavez and 24th Street, which no longer serves Parks and Recreation purposes, as approved and recommended by the Board of Parks and Recreation Commissioners?

_____ Yes

_____ No

(Instructions to voters will be supplied by the election authorities.)

______________________________________________________________________________

A full and complete copy of Ordinance No. 0106__ submitting the above amendment to the electorate is on file in the office of the City Clerk of Kansas City, Missouri where the same is open for inspection and copying.

The polling places for the election will be (INSERT LIST OF POLLING PLACES IN LAST PUBLICATION ONLY)

________________________________________________________________________________

______________________________________________________________________________

I hereby certify that the foregoing is the legal notice to be published pursuant to Section 115.127, RSMo, as amended.

Given under my hand and the official seal of the Kansas City, Missouri, this _______ day of __________________, 2001.

(SEAL) __________________________________

CATHERINE T. ROCHA

City Clerk of Kansas City, Missouri

Before me a notary public personally appeared Catherine T. Rocha, to me known to be the City Clerk of Kansas City, Missouri, and the person who acknowledged to me that she executed the same for the purposes therein stated.

__________________________________

Notary Public

My Commission Expires:____________________________

Section 4. If a majority of the qualified voters voting at said election shall vote in favor of the question, then an amendment to the Charter of Kansas City, Missouri shall become effective immediately upon certification of the election results by the election authorities, which amendment shall read as follows:

BE IT ADOPTED BY THE PEOPLE OF KANSAS CITY:

That the Charter of Kansas City, Missouri, adopted February 25, 1925, as amended, is further amended by adopting and adding thereto a new section to be known as 463.11 to read as follows:

Section 463.11. Vacation of West Pennway from Avenida Cesar

E. Chavez to 24th Street.

(a) Notwithstanding any other provision of this Charter, the City Council is authorized to vacate upon the approval of the board of parks and recreation commissioners, that portion of right-of-way of West Pennway described as follows:

West Pennway, as said street was established by Ordinance Nos. 12252 and 7443, from the south right-of-way line of Avenida Cesar E. Chavez (formerly 23rd Street) as now established to the south right-of-way line of 24th Street, as now established.

Section 5. This ordinance, providing for the submission of a Charter amendment to the people of Kansas City, Missouri, is hereby recognized to be an emergency measure within the meaning of Section 15, Article II, of the Charter of said City, and as such shall become effective immediately upon its passage.

________________________________________________________

Approved as to form and legality:

___________________________________

Assistant City Attorney