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Legislation #: 190187 Introduction Date: 2/28/2019
Type: Ordinance Effective Date: 3/8/2019
Sponsor: COUNCILMEMBER WAGNER AND COUNCILMEMBER HALL
Title: Authorizing the Director of Public Works to enter into a Road Relinquishment Agreement with the Missouri Highways and Transportation Commission (“MHTC”) for the purpose of transferring ownership and maintenance of a certain portion of N. Indiana Avenue, north of Missouri Highway 152, from MHTC to the City; and recognizing this ordinance as having an accelerated effective date.

Legislation History
DateMinutesDescription
2/28/2019 Filed by the Clerk's office
2/28/2019 Referred to Airport Committee
3/7/2019 Advance and Do Pass, Debate
3/7/2019 Passed

View Attachments
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190187 Exhibit.pdf Exhibit 62K Exhibit
190187.pdf Authenticated 91K Authenticated

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ORDINANCE NO. 190187

 

Authorizing the Director of Public Works to enter into a Road Relinquishment Agreement with the Missouri Highways and Transportation Commission (“MHTC”) for the purpose of transferring ownership and maintenance of a certain portion of N. Indiana Avenue, north of Missouri Highway 152, from MHTC to the City; and recognizing this ordinance as having an accelerated effective date.

 

WHEREAS, MHTC owns and operates a road north of Missouri Highway 152 known as N. Indiana Avenue; and

 

WHEREAS, MHTC’s ownership and control of N. Indiana Avenue ends just south of its intersection with N.E. Barry Road, north of Highway 152; and

 

WHEREAS, at the time of approval of the Marketplace 152 Development Plan, the City and MHTC believed that MHTC’s ownership of N. Indiana ended just north of Missouri Highway 152 rather than extending further north to N.E. Barry Road; and

 

WHEREAS, the Marketplace 152 Development Plan was approved by the City Council through the passage of Committee Substitute for Ordinance No. 160932 on December 15, 2016. All traffic conditions were approved in the Ordinance based on the City’s and MHTC’s belief in 2016 as to where the ownership line of N. Indiana Avenue existed between MHTC and the City; and

 

WHEREAS, since the Council’s approval of the Development Plan in 2016, MHTC has now discovered that its ownership and control of N. Indiana Avenue ends just south of N.E. Barry Road rather than just north of Highway 152; and

 

WHEREAS, all parties believe that it is in the best interests to transfer ownership and control of N. Indiana Avenue from MHTC to the City as it was originally believed by all parties in 2016 so that MTHC’s ownership and control of N. Indiana Avenue is just north of the off and on ramps on the north side of Highway 152; and

 

WHEREAS, the developer of Marketplace 152 has agreed to construct a public sidewalk on the west side of N. Indiana Avenue along its property boundaries for the City as a part of the Marketplace 152 Community Improvement District; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the Director of the Public Works Department is hereby authorized to enter into a Road Relinquishment Agreement for the purpose of transferring ownership and maintenance of a portion of N. Indiana Avenue from the MHTC to the City. A copy of the agreement is on file in the Public Works Director’s Office.

 

Section 2. That this ordinance, relating to the design, repair, maintenance or construction of a public improvement, is recognized as an ordinance with an accelerated effective date as provided by Section 503(a)(3)(D) of the City Charter and shall take effect in accordance with Section 503 of the City Charter.

 

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Approved as to form and legality:

 

 

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Dustin E. Johnson

Assistant City Attorney