COMMITTEE
SUBSTITUTE FOR ORDINANCE NO. 160565
Calling for submission to the voters of Kansas City,
at a special election to be held on November 8, 2016, a question to remove
certain City property devoted to park use from the park system; directing the
City Clerk to notify the responsible election authorities of the election no
later than August 30, 2016; and recognizing this ordinance with an accelerated
effective date.
WHEREAS, Ordinance No. 13067, approved October 3, 1899,
placed the east right of way line for Paseo Boulevard between the south line of
E. 23rd Street, and north line of E. 24th Street, at the east line of
the alley in Block 1, of C.H. Pratt’s Vine Street Addition; such Ordinance
opened and established a public parkway in the South Park District which then
included this area then known as Paseo Boulevard, and which has become known as
a part of Bruce R. Watkins Drive (U.S. 71); and
WHEREAS, the City acquired certain property
from the State of Missouri, acting by and through the Missouri Highways and
Transportation Commission by Quitclaim Deed dated September 18, 1997, and
recorded March 5, 1998, as Document No. K10436, at Book K3152, Page 1829
(“State Conveyance”); and
WHEREAS, the State Conveyance was to the City
for park and boulevard purposes, specifically for use in constructing the Bruce
R. Watkins Drive (U.S. 71) roadway; and
WHEREAS, the State Conveyance included multiple
tracts, three tracts of which the City subsequently conveyed to the Bethel African
Methodist Episcopal Church-Kansas City, a Missouri non-profit corporation
(“Church”) by Quitclaim Deed dated July 19, 2012, recorded August 3, 2012, as
Instrument No. 2012E0083572 (“Church Conveyance”); and
WHEREAS, the Church Conveyance was subject to
restrictions of record and made reference to the State Conveyance, and
consequently, the owners of the property cannot obtain a title eligible for
title insurance with a conveyance to the City of such property; and
WHEREAS, Section 1004(b) of the City’s Charter
requires a vote of the people before property is removed from the park system,
and the Church has advised the City that it desires to now sell the property
and the proposed future use serves the interest of the residents in the
neighborhood in which the property is located; and
WHEREAS, City Charter section 1004(b) reads:
If any property is determined by the Board of
Parks and Recreation Commissioners to be no longer necessary or appropriate for
park, parkway, or boulevard use, such property may be removed from the park
system by a vote of the people;
and
WHEREAS, the Board of Parks and Recreation
Commissioners has approved and recommended that this property now be removed
from the park system; and
WHEREAS, it is necessary to officially remove
the property from the park system to accomplish the intent of the 2012 sale and
to enable the new use of the property; NOW, THEREFORE
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. ELECTION CALLED. That an
election is called on November 8, 2016, for the purpose of submitting to the
voters of Kansas City the question of removing property from the park system.
Section 2. BALLOT TITLE. The ballot title shall be:
Should the City of Kansas City remove from the
park system vacant property of about 1.2 acres located generally between E.
23rd Street and E. 24th Street west of Flora Avenue, which has been determined
by the Board of Parks and Recreation Commissioners to be no longer necessary or
appropriate for park, parkway, or boulevard use?
Section 3. NOTICE OF ELECTION. The
notice of election shall read as follows:
NOTICE OF ELECTION
KANSAS CITY, MISSOURI
Notice is hereby given that the City of Kansas City has called a
special election to be held on Tuesday, November 8, 2016, between the hours of
6:00 a.m. and 7:00 p.m., 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, NOVEMBER 8, 2016
QUESTION NO. [_],
(Park Property)
Should the City of Kansas City remove from the
park system vacant property of about 1.2 acres located generally between E.
23rd Street and E. 24th Street west of Flora Avenue, which has been determined
by the
Board of Parks and Recreation Commissioners to
be no longer necessary or appropriate for park, parkway, or boulevard use?
□YES
□NO
(Instructions to voters will be supplied by the
election authorities.)
A full and complete copy of this ordinance (as it may
be amended) submitting the above question 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 August, 2016.
(SEAL) ____________________________________
MARILYN SANDERS
City Clerk of Kansas City, Missouri
Before me, a notary public, personally appeared
Marilyn Sanders, 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. NOTICE TO ELECTION AUTHORITIES BY
CITY CLERK. That following passage of this ordinance the City Clerk shall
deliver certified copies of this ordinance and notice of election to the Clerk
of Cass County, Board of Election Commissioners of Clay County, Board of
Election Commissioners of Kansas City, and Board of Election Commissioners of
Platte County, no later than August 30, 2016, which shall be the authority of
each election authority of the City to submit the amendment to the electors of
Kansas City and to give public notice as provided by law.
Section 5. PROPERTY REMOVED. Upon
approval of the voters the following property shall be officially removed from
the park system, reflecting the intent of the 2012 conveyance:
Tract I: All
of Lots 17 through 22, Block 1, C.H. Pratt’s Vine Street Addition, a
subdivision in Kansas City, Jackson County, Missouri
Tract II:
All of Lots 24, 25, 26, 27, 29 and 30, Block 1, C.H. Pratt’s Vine Street
Addition, a subdivision in Kansas City, Jackson County, Missouri
Tract III: All
of Lots 31 and 32, Except the East 66 feet thereof, Block 1, C.H. Pratt’s Vine
Street Addition, a subdivision in Kansas City, Jackson County, Missouri
Section 6. ACCELERATED EFFECTIVE DATE
RECOGNIZED. This ordinance, providing for the submission of a question to
the people of Kansas City, Missouri, is hereby recognized to have an
accelerated effective date within the meaning of Section 503(a)(3)(A) of the
Charter, and as such shall take effect in accordance with Section 503.
__________________________________________
Approved as to form and
legality:
______________________________
William Geary
City Attorney