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.
____________________________________________________
Approved
as to form and legality:
____________________________
William
Geary
Assistant City Attorney