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Legislation #: 160633 Introduction Date: 8/18/2016
Type: Ordinance Effective Date: 8/26/2016
Sponsor: None
Title: Approving and authorizing settlement of a condemnation lawsuit styled City of Kansas City, Mo. v. KC Benjamin, LLC, et al., Case No. 1516-CV02035; estimating revenue of $471,000.00 in the Legal Claims Fund; appropriating $471,000.00 from the Unappropriated Fund Balance of the Legal Claims Fund; and recognizing this ordinance as having an accelerated effective date.

Legislation History
DateMinutesDescription
8/17/2016 Filed by the Clerk's office
8/18/2016 Referred to Finance and Governance Committee
8/25/2016 Passed as Substituted
8/24/2016 Advance and Do Pass as a Committee Substitute, Debate

View Attachments
FileTypeSizeDescription
160633.pdf Authenticated 114K 160633 Authenticated
160633 Fiscal Note.pdf Fiscal Note 34K 160633 Fiscal Note
160633 Fact Sheet.pdf Fact Sheet 32K 160633 Fact Sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 160633

 

Approving and authorizing settlement of a condemnation lawsuit styled City of Kansas City, Mo. v. KC Benjamin, LLC, et al., Case No. 1516-CV02035; estimating revenue of $471,000.00 in the Legal Claims Fund; appropriating $471,000.00 from the Unappropriated Fund Balance of the Legal Claims Fund; and recognizing this ordinance as having an accelerated effective date.

 

WHEREAS, on May 15, 2014, the City executed an agreement with Cerner Property Development, Inc. for services and related expenses related to the acquisition of a property commonly known as 9251 Hillcrest Road for the public purpose of clearing blight within the Bannister and I-435 TIF Redevelopment Area as designated by the City Council with its passage of Committee Substitute for Ordinance No. 130737; and

 

WHEREAS, the City filed a proceeding to condemn 9251 Hillcrest in Jackson County, Missouri Circuit Court styled City of Kansas City, Missouri v. K.C. Benjamin, LLC, et al. (Case No. 1516-CV02035); and

 

WHEREAS, on August 28, 2015, the Court-appointed Commissioners returned their Report to the Court awarding as the compensation that the City must pay for the taking of 9251 Hillcrest the sum of $2,050,000.00, which has been previously paid into court; and

 

WHEREAS, both the City and the former owner of 9251 Hillcrest filed exceptions to the Commissioners’ award; and

 

WHEREAS, the City and the former owner of 9251 Hillcrest have entered into a settlement agreement to resolve the pending condemnation proceeding for the City’s payment of an additional $450,000.00 in consideration for the mutual dismissal, with prejudice, of their respective Exceptions; and

 

WHEREAS, in addition, the City has also received a fifth payment totaling $21,000.00 for the payment of expenses related to this condemnation proceeding; and

 

WHEREAS, pursuant to the above acquisition services agreement and the settlement agreement, Cerner Property Development, Inc., has agreed to pay these additional amounts; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the revenue in the following account of the Legal Claims Fund is hereby estimated in the following amount:

 17-1010-130000-480180 Contribution $471,000.00

Section 2. That the sum of $471,000.00 is hereby appropriated from the Unappropriated Fund Balance of the Legal Claims Fund to the following account in the Legal Claims Fund:

17-1010-131601-B Condemnation-9251 Hillcrest $471,000.00

Section 3. The the payment of the sum of $450,000.00 in settlement of the lawsuit styled City of Kansas City, Mo. v. KC Benjamin, LLC, et al., Case No. 1516-CV02035, as recommended by the City Attorney, is hereby approved.

Section 4. That the City Attorney is hereby authorized to pay the sum of $450,000.00 in settlement of this lawsuit styled City of Kansas City, Mo. v. KC Benjamin, LLC, et al., Case No. 1516-CV02035, from funds previously appropriated in Account No. 17-1010-131601-B.

Section 5. That this ordinance, because it appropriates money, is recognized as an ordinance with an accelerated effective date as provided by Section 503(a)(3)(C) of the City Charter and shall take effect in accordance with Section 503(a)(1) of the City Charter.

_____________________________________________

I hereby certify that there is a balance, otherwise unencumbered, to the credit of the appropriation to which the foregoing expenditure is to be charged, and a cash balance, otherwise unencumbered, in the treasury, to the credit of the fund from which payment is to be made, each sufficient to meet the obligation hereby incurred.

 

 

___________________________________

Randall J. Landes

Director of Finance

 

Approved as to form and legality:

 

 

________________________

Galen Beaufort

Senior Associate City Attorney