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Legislation #: 160612 Introduction Date: 8/11/2016
Type: Ordinance Effective Date: 8/19/2016
Sponsor: None
Title: Calling for submission to the voters of Kansas City, at an 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.

Legislation History
DateMinutesDescription
8/10/2016 Filed by the Clerk's office
8/11/2016 Referred to Neighborhoods and Public Safety Committee
8/17/2016 Advance and Do Pass, Debate
8/18/2016 Passed

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160612.pdf Authenticated 218K Authenticated

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ORDINANCE NO. 160612

 

Calling for submission to the voters of Kansas City, at an 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, certain land containing 17.70 acres was obtained by the City in 1974 for park purposes and was named Linwood Green Park; and

 

WHEREAS, the Linwood Green Park is generally located on Linwood Boulevard between Lister Avenue and Poplar Avenue; and

 

WHEREAS,  the Parks Department has identified approximately 2.6016 acres located generally east of Lister Avenue and south of E. Linwood Boulevard, that serves no current park programming or future park purpose and the remaining land retained by Parks within Linwood Green Park would meet any future park purpose; 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 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 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 approximately 2.6016 acres located generally east of Lister Avenue and south of E. Linwood Boulevard, 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 approximately 2.6016 acres located generally east of Lister Avenue and south of E. Linwood Boulevard, 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:

 

A parcel of land situated in a portion of Lots 179 through 194 and Lots 231 through 242, "Oakwood, a subdivision of land in the City of Kansas City, said parcel being a portion of ''Linwood Green Park " as described in Book K-524 at Page 1885 and shown on a survey plat recorded in Book 524 at Page 1890, all being in the Northeast Quarter of Southwest Quarter of Section 14, Township 49 North, Range 33 West of the 5th Principal Meridian in the City of Kansas City, Jackson County, Missouri, said parcel being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983/97).

 

Commencing at the intersection of the East right-of-way line of Lister Avenue, as now established and the South right-of-way line of Linwood Boulevard, as now established; thence South 02 degrees 10 minutes 00 seconds West 155.49 feet, along said East right-of-way line, to the "point of beginning"; thence South 87 degrees 50 minutes 00 seconds East 147.61 feet, along a line perpendicular to said East right-of-way line, to a point being on the back of curb of a drive entrance to the Veterans Administration Hospital building, said point being on a non-tangent curve concave to the East having a radius of 315.06 feet; thence Southerly 205.22 feet, along said back of curb and said curve to the left having a chord bearing of South 19 degrees 31 minutes 49 seconds East 201.61 feet, to the beginning of a reverse curve concave to the West having a radius of 350.96 feet; thence Southerly 257.66 feet, along said back of curb and said curve to the right having a chord bearing of South 19 degrees 14 minutes 59 seconds East 251.91 feet, to the beginning of a compound curve concave to the West having a radius of 122.61 feet; thence Southerly 47.45 feet, along said back of curb and said curve to the right having a chord bearing of South 15 degrees 45 minutes 12 seconds West 47.16 feet, to a point on the South line of a certain tract of land conveyed by Deed without Warranty recorded in Doc. No. K-230083 in Book K-524 at Page 1885; thence North 87 degrees 41 minutes 01 seconds West 303.05 feet, along said South line, to a point being on the Southerly prolongation of the East right-of-way line of said Lister Avenue; thence North 02 degrees 10 minutes 00 seconds East 466.90 feet, along said East right-of-way line, to the "point of beginning" of the tract herein described, containing 113,326 square feet or 2.6016 acres, more or less. Subject to all 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