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Legislation #: 940128 Introduction Date: 2/3/1994
Type: Resolution Effective Date: none
Sponsor: COUNCILMEMBERS JOHNSON, ZCLEAVER(OLD), COFRAN, SWOPE, ROBINSON AND BACCHUS
Title: Declaring the opposition of Kansas City to Senate Bill 709 and making this opposition a part of the City's state legislative package.

Legislation History
DateMinutesDescription
2/3/1994

Waive Charter Requirements City Council

2/3/1994

Adopted

2/3/1994

Adopted


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RESOLUTION NO. 940128

 

Declaring the opposition of Kansas City to Senate Bill 709 and making this opposition a part of the City's state legislative package.

 

WHEREAS, Senate Bill No. 709, which has been introduced in the Missouri legislature, provides in part that no municipality shall have the power to condemn the property of a public utility when the property is being used for a public purpose and the municipality will use the property for a similar purpose; and

 

WHEREAS, Kansas City is presently involved in negotiations with Kansas City Power and Light Company for the acquisition of the streetlight system serving Kansas City, which negotiations might culminate in condemnation by Kansas City if a mutually agreeable price for the system cannot be arrived at; and

 

WHEREAS, the need for the power of condemnation in governmental units has long been recognized if public needs are to be met without the payment of artificially inflated prices when specific property is required by a public entity; and

 

WHEREAS, all citizens of the State of Missouri, including utilities, are fully protected against unreasonable exercise of the power of eminent domain by the fundamental principal that no property may be taken by condemnation without the owner first being paid the fair market value of the property as established by three disinterested parties, and ultimately by a jury at a trial on the merits; and

 

WHEREAS, public utilities have even more protection than an ordinary citizen because they come under the regulatory umbrella and control of the Public Service Commission; and

 

WHEREAS, an inflexible rule providing that municipalities may not condemn the property of utilities and put it to a similar use would upset the balance and give utilities the power, beyond even the control of the Public Service Commission, to demand unreasonable compensation in situations such as that which exists with Kansas City and its streetlights; and

 

WHEREAS, such a rule would disadvantage rather than benefit the public; NOW, THEREFORE,

 

BE IT RESOLVED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the Council expresses its strong opposition to the passage of Senate Bill 709.

 

Section 2. That the Council urges all legislators who represent the people of Kansas City to oppose Senate Bill 709.

 

Section 3. That the Council requests the City Clerk to furnish copies of this resolution to all Missouri legislators representing citizens of Kansas City.

 

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