KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 190377 Introduction Date: 5/9/2019
Type: Ordinance Effective Date: 6/7/2019
Sponsor: None
Title: Calling for submission to the voters of Kansas City, at a special election to be held on November 5, 2019, a question to remove certain City property known as Belvidere Park generally located north of Independence Avenue between Tracy Avenue the Paseo Expressway from the park system; directing the City Clerk to notify the responsible election authorities of the election no later than August 27, 2019; and recognizing this ordinance with an accelerated effective date.

Legislation History
DateMinutesDescription
5/8/2019 Filed by the Clerk's office
5/9/2019 Referred to Neighborhoods and Public Safety Committee
5/15/2019 Hold On Agenda (5/22/2019)
5/22/2019 Do Pass as a Committee Substitute
5/23/2019 Assigned Third Read Calendar as Substituted
6/6/2019 Passed as Substituted

View Attachments
FileTypeSizeDescription
190377 sub.pdf Authenticated 149K Authenticated Ordinance
fact sheet-Belvidere Park.xlsx Fact Sheet 22K fact sheet

Printer Friendly Version

COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 190377

 

Calling for submission to the voters of Kansas City, at a special election to be held on November 5, 2019, a question to remove certain City property known as Belvidere Park generally located north of Independence Avenue between Tracy Avenue the Paseo Expressway from the park system; directing the City Clerk to notify the responsible election authorities of the election no later than August 27, 2019; and recognizing this ordinance with an accelerated effective date.

WHEREAS, the Parks Department has determined that Belvidere Park containing 15.46 acres, generally located north of Independence Avenue between Tracy Avenue the Paseo Expressway, serves no current park programming or future park purpose because access to the Belvidere Park site has been permanently closed off by the Housing Authority since the housing units at Chouteau Courts have been closed; 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, such removal would be for a higher or better use of the property and allow the City to dispose of the property as surplus property; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. ELECTION CALLED. That an election is called on November 5, 2019 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 property known as Belvidere Park containing approximately 15.46 acres generally located north of Independence Avenue between Tracy Avenue the Paseo Expressway 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 5, 2019, 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 5, 2019

 

QUESTION NO. ________
(Park Property)

 

Should the City of Kansas City remove from the park system property known as Belvidere Park containing approximately 15.46 acres generally located north of Independence Avenue between Tracy Avenue the Paseo Expressway 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 ___________, 2019.

 

 

(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 27, 2019, 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:

 

Commencing at the Northwest corner of the Northeast Quarter of Section 4, Township 51 North, Range 32 West of the 5th Principal Meridian in the City of Kansas City, Clay County, Missouri; thence along the north line of said Quarter Section South 89 degrees 15 minutes 17 seconds East, a distance of 1799.96 feet; thence departing said line South 1 degree 21 minutes 54 seconds West, a distance of 40.00 feet to a point on the south right of way of Shoal Creek Parkway, as now established, and point of beginning, being also the northwest corner of a tract described in Book 1424, Page 106 in the Clay County Recorder's Office; thence continuing South 1 degree 21 minutes 54 seconds West along the West line of said tract a distance  of 2117.04; thence  departing  said  line North 89 degrees 47 minutes 31 seconds West, a distance  of 1025.93 feet; thence North 1 degree 21 minutes 54 seconds East, a distance of 748.97 feet; thence North 51 degrees 07 minutes 40 seconds East, a distance  of 389.08 feet;  thence North 21 degrees 35 minutes 15 seconds East, a distance of 1208.60 feet to a point on said north right of way of Shoal Creek Parkway; thence South 89 degrees 15 minutes 17 seconds East along said line a distance of 310.96 feet to the point of beginning, containing 36.00 acre, more or less, subject to easements and restrictions of record.

 

Section 6. ACCELERATED EFFECTIVE DATE RECOGNIZED. This ordinance, providing for the submission of 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:

 

 

______________________________

Lana K. Torczon

Assistant City Attorney