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Legislation #: 140090 Introduction Date: 1/30/2014
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBERS JAMES, JR., MARCASON, GLOVER, BROOKS AND FORD
Title: Enacting a new Section 6-50, Code of Ordinances, entitled “Demolition, replacement, and construction of passenger terminals in city-controlled airports” to require voter authorization before the City demolishes or replaces any terminal at any city-controlled airport or before the City constructs a new terminal or terminals at any city-controlled airport.

Legislation History
DateMinutesDescription
1/30/2014 Filed by the Clerk's office
1/30/2014 Referred to Finance, Governance & Ethics Committee
2/5/2014 Hold On Agenda (2/19/2014)
2/19/2014 Advance and Do Pass as a Committee Substitute, Debate
2/20/2014 Passed as Substituted

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 140090

 

Enacting a new Section 6-50, Code of Ordinances, entitled “Demolition, replacement, and construction of passenger terminals in city-controlled airports” to require voter authorization before the City demolishes or replaces any terminal at any city-controlled airport or before the City constructs a new terminal or terminals at any city-controlled airport.

 

WHEREAS, on December 10, 2013, pursuant to § 701 of the City Charter, a Committee of Petitioners submitted to the City Council a valid initiative petition that would enact an ordinance placing restrictions on demolishing, replacing, and/or constructing passenger terminals in city-controlled airports unless a majority of the voters approve in an election; and

WHEREAS, on January 6, 2014, the City Clerk certified that the petition had sufficient signatures from over 4,000 registered City voters; and

WHEREAS, the City Council desires to work with the Committee of Petitioners so as to accomplish the intent of the initiative ordinance while avoiding the cost of two elections on the subject of demolishing, replacing, and/or constructing passenger terminals in city-controlled airports; and

WHEREAS, the City Council and the Committee of Petitioners reached an agreement under which the Committee of Petitioners agreed to not demand an election on their initiative ordinance, as they had the authority to require under § 702 of the City Charter, as long as the City Council enacted the below language, of which the Committee of Petitioners approved; NOW, THEREFORE

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That a new Section 6-50, Code of Ordinances, entitled “Demolition and construction of passenger terminals in city-controlled airports” is enacted to read as follows:

 

Sec. 6-50. Demolition and construction of passenger terminals in city-controlled

airports.

 

(a) Regulated activities. Except as provided in this section, the City and any and all City officers, agents, and employees are prohibited from in any way causing the:

 

(1) demolition or replacement of any existing passenger terminal at any city-controlled airport within the scope of this Article; or

 

(2) construction of any new passenger terminal at any city-controlled airport within the scope of this Article; or

 

(3) preparation for demolition, replacement or construction of a passenger terminal by contracting for or accomplishing itself preliminary steps necessary to ready a passenger terminal for demolition or replacement; or

 

(4) preparation of land for construction of a passenger terminal;

 

without complying with subsection (b) of this section.

 

(b) Election required. Before any action is taken to accomplish any activity defined in subsection (a) of this section, the proposed action must be presented to the voters of the City for their approval by a majority of those voting, the question of the demolition, replacement or construction of a passenger terminal. This question may be joined with any measure required for voter approval of any means of funding the demolition, replacement or construction of a passenger terminal.

 

(c) Planning permitted. This section does not prohibit the planning necessary to operate the airports or to appropriately make a decision to seek voter approval for the demolition, replacement or construction of a passenger terminal.

 

(d) Limitation on use of public resources. Consistent with the prohibition contained in section 115.646, Revised Statutes of Missouri, the City and any and all City officers, agents, and employees will not use public resources for the purpose of advocating, supporting or opposing any ballot measure required by this section.

 

(e) Penalty. Any person who violates subsection (d) of this section shall be guilty of an ordinance violation, punishable by a fine of one thousand dollars ($1,000.00). Each day on which a violation of this section occurs shall be a separate and distinct violation.

 

_____________________________________

 

Approved as to form and legality:

 

 

______________________________

William Geary

City Attorney