Public Works Committee
Amendment
August 14, 2000
IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
AN ORDINANCE enacting § 1073., Jackson County Code, 1984, relating to the acquisition of interests in real property for County road and bridge projects.
Intro
ORDINANCE 3046, July 31, 2000
INTRODUCED BY Bill Petrie, County Legislator
Body
WHEREAS, in connection with County road and bridge projects, the County is regularly required to acquire interests in privately owned real property, such as rights-of-way, easements, and rights-of-entry, necessary for construction of the road or bridge in question; and,
WHEREAS, the Legislature believes that, when the interest in real property to be acquired is to be donated free of charge, or can be purchased at a negotiated price of $2,000.00 or less, it is appropriate that the Director of Public Works be given the authority to complete such transactions without the necessity of seeking legislative approval; and,
WHEREAS, an amendment to the County Code granting this authority is in the best interests of the health, welfare, and safety of the citizens of Jackson County; now therefore,
BE IT ORDAINED by the County Legislature of Jackson County, Missouri, as follows:
Section A. Enacting Clause. Section 1073., Jackson County Code, 1984, is hereby enacted, to read as follows:
1073. Acquisition of Interests in Real Property for Roads.
In connection with the acquisition of any interest in real property required for a road or bridge project, the director of public works is authorized to accept, on behalf of the county, any conveyance of permanent right-of-way, a temporary or permanent easement of any kind or nature, and/or a right-of-entry, and to record in the department of records a suitable conveyance instrument documenting said acceptance. The director of public works is further authorized, subject to the availability of budgeted funds, to expend up to $2,000.00 per landowner per project for any interest in real property so acquired.
1073.1 Notice to Legislature.
Before any interest in real property is accepted by the Director of Public Works, the Director shall give the members of the County Legislature five (5) working days' written notice of the proposed transfer.
1073.2 Contents of Notice.
The notice shall set forth the proposed conveyance, the project involved, any time deadlines and the recommended expenditure for the acquisition of the interest in real property.
1073.3 Time for Legislature to Respond.
If the Director of Public Works has not received written objection by three (3) or more members of the County Legislature to the proposed award within the period of three (3) working days, the Director may proceed to make the award as indicated in the notice.
1073.4 Legislature Objects.
If the Director of Public Works receives written objections by three (3) or more members of the County Legislature within the period of three (3) working days, the Director shall not make the award but shall submit his recommendation for County Legislative approval.
Enacted and Approved
Effective Date: This Ordinance shall be effective immediately upon its signature by the County Executive.
APPROVED AS TO FORM:
_________________________ _______________________________
County Counselor
I hereby certify that the attached Ordinance, Ordinance #3046 of July 31, 2000 was duly passed on _______August 28_______________, 2000 by the Jackson County Legislature. In the votes thereon were as follows:
Yeas _______8________ Nays _______0________
Abstaining ____0_______ Absents _____1_______
This Ordinance is hereby transmitted to the County Executive for her signature.
____________________ ________________________________
Date Mary Jo Brogoto, Clerk of Legislature
I hereby approve the attached Ordinance #3046.
_________________ _________________________________
Date Katheryn J. Shields, County Executive