ORDINANCE NO.
030923
Calling for submission to the
voters of Kansas City, at a special election to be held on November 4, 2003 a
question amending Article XX of the Charter of Kansas City entitled Miscellaneous
Provisions by enacting a new section to be known as Section 463.11 authorizing
the removal of certain parklands generally consisting of approximately 1700
square feet of real property at the northeast corner of 8th Street
and vacated Santa Fe Street in the West Bottoms from the park and boulevard
system as approved and recommended by the Board of Parks and Recreation
Commissioners and authorizing the City to convey said property 1700 square feet
of real property at the northeast corner of 8th Street and vacated
Santa Fe Street in the West Bottoms; fixing the date when the amendment shall
take effect; directing the City Clerk to notify the responsible election
authorities of said election; and recognizing this ordinance to be an emergency
measure.
WHEREAS, a special
election will be held throughout the City on November 4, 2003; and
WHEREAS, the Board of
Parks and Recreation Commissioners by its Resolution No. ___________ has
approved and recommended that certain parklands generally consisting of
approximately 1700 square feet of real property at the northeast corner of 8th
Street and vacated Santa Fe Street in the West Bottoms be removed from the park
and boulevard system, and that the City convey said property to the Planned
Industrial Expansion Authority of Kansas City, Missouri, by action of the City
Council, on the condition that the Planned Industrial Expansion Authority cause
the removal of blight on the property pursuant to its statutory authority and
upon other terms and for such consideration as the Council may determine NOW,
THEREFORE,
BE IT ORDAINED BY THE
COUNCIL OF KANSAS CITY:
Section 1. That an
election is hereby called for the purpose of submitting to the voters of Kansas
City an amendment to the Charter of said City. Such question shall be submitted
at the special election to be held November 4, 2003.
Section 2. Ballot
title. The ballot title shall be:
QUESTION NO. 2
SHALL THE FOLLOWING
BE APPROVED?
Shall the Charter of Kansas City be
amended to remove parkland generally consisting of approximately 1700 square
feet of real property at the northeast corner of 8th Street and
vacated Santa Fe Street in the West Bottoms from the park and boulevard system
as approved and recommended by the Board of Parks and Recreation Commissioners,
and authorizing the City to convey said property to the Planned Industrial
Expansion Authority of Kansas City, Missouri, by action of the City Council on
the condition that the Planned Industrial Expansion Authority cause the
removal of blight on the property
pursuant to its statutory authority and upon other terms and for such
consideration as the Council may determine?
____
YES ____ NO
The voter who desires to vote in favor of this question
shall place an "X" in the box opposite "Yes." The voter
who desires to vote against this question shall place an "X" in the
box opposite "No."
Section 3. Delivery of Ordinance by City Clerk
to Election Authorities. That the Clerk shall deliver certified copies of this
ordinance and notice of election to the Board of Election Commissioners of
Kansas City, Missouri to the Board of Election Commissions of Clay County, to
the Board of Election Commissioners of Platte County, and to the County Clerk
of Cass County, which shall be the authority of the respective election
authorities of the City to submit this amendment to the electors of Kansas City
as herein provided and to give public notice thereof as provided by law within
one business day of the effective date of this ordinance.
Section 4. Election Notice. That the notice of
election shall read as follows:
NOTICE OF ELECTION
CITY OF KANSAS CITY,
MISSOURI
Notice is hereby given that the City of
Kansas City has called a special election to be held in said City on November
4, 2003, at which election all qualified voters residing within the City of
Kansas City, Missouri will be given the opportunity to vote.
The official ballot will be in substantially the following
form:
QUESTION___
SHALL THE FOLLOWING
BE APPROVED?
Shall the Charter of Kansas City be
amended to remove parkland generally consisting of approximately 1700 square
feet of real property at the northeast corner of 8th Street and
vacated Santa Fe Street in the West Bottoms from the park and boulevard system
as approved and recommended by the Board of Parks and Recreation Commissioners,
and authorizing the City to convey said property to the Planned Industrial
Expansion Authority of Kansas City, Missouri, by action of the City Council on
the condition that the Planned Industrial Expansion Authority cause the removal
of blight on the property pursuant to its statutory authority and upon other
terms and for such consideration as the Council may determine?
____
YES ____ NO
[Instructions to voters will be supplied by the election
authorities]
A full and complete copy of this ordinance submitting the
above question to the electorate is on file in the office of the City Clerk of
Kansas City, Missouri where it 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.
Given under my hand and the official seal of the City of
Kansas City, Missouri, this ___ day of ______________, 20__.
(SEAL)
____________________________________
City
Clerk, City of Kansas City, Missouri
Before me, a notary public, personally appeared
__________________________, to me known to be the City Clerk of the City 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 5. If a majority of the qualified voters
voting at said election shall vote in favor of the question, then an amendment
to the Charter of Kansas City, Missouri shall become effective immediately upon
certification of the election results by the election authorities, which
amendment shall read as follows:
BE IT ADOPTED BY THE PEOPLE OF KANSAS CITY:
That the Charter of Kansas City, Missouri, adopted February
25, 1925, as amended, is further amended by adopting and adding thereto a new
section to be known as 463.10 to read as follows:
Section 463.11. Removal of approximately 1700 square feet of
real property at the northeast corner of 8th Street and vacated
Santa Fe Street in the West Bottoms from the parks system and Conveyance to the
Planned Industrial Expansion Authority of Kansas City, Missouri:
(a) Notwithstanding any other provision of this Charter, as
approved and recommended by the Board of Parks and Recreation Commissioners,
approximately 1700 square feet of real property at the northeast corner of 8th
Street and vacated Santa Fe Street in the West Bottoms described below are
removed from the park and boulevard system.
Beginning at the Southeast corner of
Lot 11, Block 14 West Kansas Addition No. 1; thence West 50 feet; thence North
5 feet; thence Northwesterly on a curve with a radius of 486.34 feet to the
east line of Block 14, 60.5 feet north of the Southeast corner; thence South
60.5 feet to the point of beginning.
(b) The city is hereby empowered
to convey said property to the Planned Industrial Expansion Authority of Kansas
City, Missouri, by action of the City Council on the condition that the Planned
Industrial Expansion Authority cause the removal of blight on the property pursuant
to its statutory authority and upon other terms and for such consideration as
the Council may determine.
(c) This conveyance is declared
to be for a public and municipal purpose.
Section 6. Emergency. That this ordinance provides for the submission
of a proposal to the people of Kansas City, Missouri, and is hereby recognized
to be an emergency measure within the meaning of Section 15, Article II of the
Charter of Kansas City, and as such shall become effective in accordance with
that section.
_______________________________________________________________
Approved
as to form and legality:
____________________________________
Assistant
City Attorney