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