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Legislation #: 170893 Introduction Date: 11/2/2017
Type: Ordinance Effective Date: 12/22/2017
Sponsor: COUNCILMEMBER SHIELDS
Title: Approving the plat of Westport CID, an addition in Jackson County, Missouri, on approximately 20.1 acres generally bounded by Mill Street and Southwest Trafficway to the west, W. 40th Street to the north, Broadway Boulevard to the east, and Archibald Street to the south; accepting various easements; vacating a portion of sidewalks; authorizing the Director of City Planning and Development to execute and/or accept certain agreements; appropriating $10,000.00 for the purpose of informing the public about the sidewalk vacation and the recourse available to individuals who believe they have been subjected to discriminatory treatment as a result of implementation of the sidewalk vacation and associated search procedures; authorizing the City Clerk to record this ordinance and attached documents; and recognizing this ordinance as having an accelerated effective date. (SD1300D)

Legislation History
DateMinutesDescription
11/2/2017 Filed by the Clerk's office
11/8/2017 Hold On Agenda (11/29/2017)
11/29/2017 Hold On Agenda (12/13/2017)
11/2/2017 Referred to PZ&ED Committee and Neighborhoods Committee
12/13/2017 Hold On Agenda (12/20/2017)
12/20/2017 Advance and Do Pass as Second Committee Substitute, Debate
12/21/2017 Passed As Second Substitute

View Attachments
FileTypeSizeDescription
170893.pdf Recorded Info 6813K Recorded Documents
170893.pdf Authenticated 564K Authenticated
CSD1300CD_Fact Sheet.pdf Fact Sheet 497K Revised Fact Sheet
42048fnl_2017-11-02.pdf Plat 13518K Final Plat Drawing
20170531114433898.pdf Other 1774K Utility Comments
20170531115710203.pdf Vacation Consent Form 208K Consent

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SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 170893

 

Approving the plat of Westport CID, an addition in Jackson County, Missouri, on approximately 20.1 acres generally bounded by Mill Street and Southwest Trafficway to the west, W. 40th Street to the north, Broadway Boulevard to the east, and Archibald Street to the south; accepting various easements; vacating a portion of sidewalks; authorizing the Director of City Planning and Development to execute and/or accept certain agreements; appropriating $10,000.00 for the purpose of informing the public about the sidewalk vacation and the recourse available to individuals who believe they have been subjected to discriminatory treatment as a result of implementation of the sidewalk vacation and associated search procedures; authorizing the City Clerk to record this ordinance and attached documents; and recognizing this ordinance as having an accelerated effective date. (SD1300D)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the plat of Westport CID, a subdivision in Jackson County, Missouri, a true and correct copy of which is attached hereto and incorporated herein by reference, is hereby approved.

 

Section 2. That the plat granting and reserving unto Kansas City an easement and license or right to locate, construct, operate and maintain facilities including, but not limited to, water, gas, sewerage, telephone, cable TV, surface drainage, underground conduits, pad mounted transformers, service pedestals, any and all of them upon, over, under and along the strips of land outlined and designated on the plat by the words utility easement or U/E be and the same are hereby accepted and where other easements are outlined and designated on the plat for a particular purpose, be and the same are hereby accepted for the purpose as therein set out.

 

Section 3. That the portion of sidewalks which are identified on the plat as “to be vacated by this plat,” are hereby vacated because the Council finds that no private rights will be unreasonably injured or endangered by this vacation and that the public will suffer no unreasonable loss or inconvenience thereby. The plat shall include a perpetual, non-exclusive, easement to the city over the right-of-way to be vacated. This vacation does not become effective until the final plat is recorded.

Section 4. That the Director of City Planning and Development is hereby authorized to execute and/or accept any and all agreements necessary to clear the title of any right of way, utility easements or other public property dedicated on the plat.

 

Section 5. That the Director of City Planning and Development is hereby authorized to execute an Agreement with the Westport Community Improvement District to outline the obligations of both parties with respect to the sidewalk vacation, to be in a form substantially as that attached hereto as Exhibit A and incorporated herein by reference.

Section 6. That the Director of City Planning and Development is authorized to execute a Put and Call Agreement with the Westport Community Improvement District, to be in a form substantially as that attached hereto as Exhibit B and incorporated herein by reference.

Section 7. That the City Manager or his designee shall establish a program for the purpose of informing the business community about its responsibilities under the Agreement governing the street vacation, and informing the public about the sidewalk vacation, the hours when the public could be subjected to searches by metal detectors on the vacated sidewalks, and the recourse available to individuals who believe they have been subjected to discriminatory treatment as a result of implementation of the sidewalk vacation and associated search procedures.

 

Section 8. That the appropriation in the following account of the 5180 Fund is reduced by the following amount:

 

18-5180-642102-B Downtown Multi-family Housing $10,000.00

 

Section 9. That the sum of $10,000.00 is hereby appropriated from the 5180 Fund to the following account:

 

18-5180-642358-B Westport Plan $10,000.00

 

Section 10. That the City Clerk is hereby directed to record copies of this ordinance, together with the documents described herein and all other relevant documents, when the Developer has met all of the requirements for the plat to be released for recording, in the Office of the Recorder of Deeds of Jackson County, Missouri.

 

Section 11. That the Council finds that the City Plan Commission has duly recommended its approval of this plat on November 7, 2017.

 

Section 12. That this ordinance is recognized as having an accelerated effective date within the provisions of Section 503 of the City Charter in that it appropriates money, and shall take effect in accordance with that section.

 

_________________________________

 

I hereby certify that there is a balance, otherwise unencumbered, to the credit of the appropriation to which the foregoing expenditure is to be charged, and a cash balance, otherwise unencumbered, in the treasury, to the credit of the fund from which payment is to be made, each sufficient to meet the obligation hereby incurred.

 

 

___________________________________

Randall J. Landes

Director of Finance

 

Approved as to form and legality:

 

 

________________________________

Katherine Chandler

Assistant City Attorney