ORDINANCE NO. 051256

Calling for submission to the voters of Kansas City, at a special election to be held on April 4, 2006, a question amending the Charter of Kansas City to permit the removal of property not exceeding one acre devoted to park property forever from the parks system by ordinance; directing the City Clerk to notify the responsible election authorities of the election on or after January 20, 2006, but not later than January 24, 2006; and recognizing this ordinance to be an emergency measure.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. ELECTION CALLED. That an election is called on April 4, 2006, for the purpose of submitting to the voters of Kansas City an amendment to the City Charter.

Section 2. NOTICE TO ELECTION AUTHORITIES BY CITY CLERK. That following passage of this ordinance the City Clerk shall deliver certified copies of this ordinance and notice of election to the Clerk of Cass County, Board of Election Commissioners of Clay County, Board of Election Commissioners of Kansas City, and Board of Election Commissioners of Platte County, on or after January 20, 2006, but not later than January 24, 2006, which shall be the authority of each election authority of the City to submit the amendment to the electors of Kansas City and to give public notice as provided by law.

Section 3. NOTICE OF ELECTION. The notice of election shall read as follows:

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NOTICE OF ELECTION

KANSAS CITY, MISSOURI

Notice is hereby given that the City of Kansas City has called a special election to be held on Tuesday, April 4, 2006, between the hours of 6:00 a.m. and 7:00 p.m., at which election all qualified voters residing within Kansas City, Missouri will be given the opportunity to vote.

The official ballot will be in substantially the following form:

OFFICIAL BALLOT

CITY OF KANSAS CITY

SPECIAL ELECTION, APRIL 4, 2006

QUESTION NO. _____

(Removal of property of one acre or less

from the parks system by ordinance)

Should the Charter of Kansas City be amended to permit the City Council to remove one acre or less of property from the parks system that is determined to be no longer necessary and useful for park use, by ordinance following public hearings by the Board of Parks and Recreation Commissioners and City Council, or a Council committee, contingent upon approval of Council members elected from the district in which the property lies?

_____ Yes

_____ No

(Instructions to voters will be supplied by the election authorities.)

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A full and complete copy of Ordinance No. __________ submitting the above amendment to the electorate is on file in the office of the City Clerk of Kansas City, Missouri where the same is open for inspection and copying.

The polling places for the election will be (INSERT LIST OF POLLING PLACES IN LAST PUBLICATION ONLY)

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I hereby certify that the foregoing is the legal notice to be published pursuant to Section 115.127, RSMo, as amended.

Given under my hand and the official seal of the Kansas City, Missouri, this _____ day of January, 2006.

(SEAL) __________________________________

MILLIE CROSSLAND

City Clerk of Kansas City, Missouri

Before me, a notary public, personally appeared Millie Crossland, to me known to be the City Clerk 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 6. AMENDMENTS TO BECOME THE CHARTER OF THE CITY OF KANSAS CITY PARK PROPERTY. If a majority of the voters favor the park property question, then the amendment to the Charter of the City of Kansas City, Missouri shall become effective May 1, 2006, which amendment shall read as follows:

BE IT ADOPTED BY THE PEOPLE OF KANSAS CITY:

That the Charter of the City of Kansas City, Missouri, is amended by repealing Section 1004 and enacting a new Section 1004 of the Charter proposed by Ordinance 050953 (as it may be amended) if it is adopted by the people, the sections to read as follows:

Sec. 1004. Lands dedicated to parks and boulevards forever.

(a)                General. The lands obtained for park, parkway or boulevard purposes shall remain forever parks, parkways, and boulevards for the use of all inhabitants of the City.

(b) Removal from system.

(1) In general. If any property is determined by the Board of Parks and Recreation Commissioners to be no longer necessary and appropriate for park, parkway, or boulevard use, such property may be removed from the park system by a vote of the people.

(2) Removal of one acre or less without vote of the people. If any parcel of property is determined by the Board of Parks and Recreation Commissioners to be no longer necessary and useful for park use or for use as a greenway or for protection of adjacent property, and such parcel of property is one acre or less, such parcel of property may be removed from the park and boulevard system by the City Council.

(A) Hearing by the Board required. The Board of Parks and Recreation Commissioners must conduct at least one public hearing to obtain public input into the proposed determination.

(B) Thirty days published public notice required. The initial hearing shall only be held after a minimum of 30 days prior public notice of the hearing published in a newspaper of general circulation within the City.

(C) Vote of the Board. After the hearing process before the Board is complete, if at least four members of the Board determine such parcel of property to be no longer necessary and useful, this determination and recommendation shall be forwarded to the City Council.

(D) Vote of the Council. The Council may remove the designation of the property as parks property for ever by a vote of at least nine members. If the property is located within one Council district each of the two members elected from that district must concur. If the property is located within more than one Council district, at least one member representing each of the involved districts must concur.

(i) Sixty days to act. The Council must act within 60 days of the date of the determination and recommendation of the Board.

(ii) Removal by ordinance. Removal of property under this provision shall be by ordinance.

(iii) Public hearing required. At least one public hearing shall be conducted by the City Council or a committee of the Council prior to final consideration of the ordinance. Thirty days prior notice shall be provided before the first hearing.

(E) Disposal of property contingent on zoning. Disposal of formerly designated parks property shall be made in accordance with the rules applicable to all other non-park City property, except that the Council must enact an appropriate zoning classification for the property prior to disposal.

(F) Proceeds dedicated to park use. All proceeds derived from disposal of such property shall be dedicated for a parks and recreation use without reduction in established funding of the Board.

(G) Limitation on use of the process. If any parcel within a park is removed from parks system, no other parcel within that park may be removed from the system without a vote of the people for a period of four years from the effective date of the ordinance approving the removal.

Alternatively, by repealing Section 58 and enacting a new Section 58 of the Charter of Kansas City if the Charter proposed by Ordinance 050953 (as it may be amended) is not adopted by the people, to be effective May 1, 2006, the section to read as follow:

Sec. 58. Lands dedicated to parks and boulevards forever.

(b)               General. The lands obtained for park, parkway or boulevard purposes shall remain forever parks, parkways, and boulevards for the use of all inhabitants of the City.

(b) Removal from system.

(1) In general. If any property is determined by the Board of Parks and Recreation Commissioners to be no longer necessary and appropriate for park, parkway, or boulevard use, such property may be removed from the park system by a vote of the people.

(2) Removal of one acre or less without vote of the people. If any parcel of property is determined by the Board of Parks and Recreation Commissioners to be no longer necessary and useful for park use or for use as a greenway or for protection of adjacent property, and such parcel of property is one acre or less, such parcel of property may be removed from the park and boulevard system by the City Council.

(A) Hearing by the Board required. The Board of Parks and Recreation Commissioners must conduct at least one public hearing to obtain public input into the proposed determination.

(B) Thirty days published public notice required. The initial hearing shall only be held after a minimum of 30 days prior public notice of the hearing published in a newspaper of general circulation within the City.

(C) Vote of the Board. After the hearing process before the Board is complete, if at least four members of the Board determine such parcel of property to be no longer necessary and useful, this determination and recommendation shall be forwarded to the City Council.

(D) Vote of the Council. The Council may remove the designation of the property as parks property for ever by a vote of at least nine members. If the property is located within one Council district each of the two members elected from that district must concur. If the property is located within more than one Council district, at least one member representing each of the involved districts must concur.

(i) Sixty days to act. The Council must act within 60 days of the date of the determination and recommendation of the Board.

(ii) Removal by ordinance. Removal of property under this provision shall be by ordinance.

(iii) Public hearing required. At least one public hearing shall be conducted by the City Council or a committee of the Council prior to final consideration of the ordinance. Thirty days prior notice shall be provided before the first hearing.

(E) Disposal of property contingent on zoning. Disposal of formerly designated parks property shall be made in accordance with the rules applicable to all other non-park City property, except that the Council must enact an appropriate zoning classification for the property prior to disposal.

(F) Proceeds dedicated to park use. All proceeds derived from disposal of such property shall be dedicated for a parks and recreation use without reduction in established funding of the Board.

(G) Limitation on use of the process. If any parcel within a park is removed from parks system, no other parcel within that park may be removed from the system without a vote of the people for a period of four years from the effective date of the ordinance approving the removal.

Section 5. EMERGENCY RECOGNIZED. This ordinance, providing for the submission of Charter amendments to the people of Kansas City, Missouri, is hereby recognized to be an emergency measure within the meaning of Section 15, Article II, of the Charter, and as such shall become effective immediately upon its passage.

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Approved as to form and legality:

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William Geary

Assistant City Attorney