IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
A RESOLUTION authorizing the Director of the Department of Finance to issue a check in the amount of $482,800.00, made payable to the Circuit Court Administrator of Jackson County, regarding a dispute between the Jackson County Election Board and its landlord, Tri-City Baptist Church, over the lease/purchase of the premises located at 215 N. Liberty in Independence, Missouri.
Intro
RESOLUTION # 14896, February 2, 2004
INTRODUCED BY Scott Burnett, County Legislator
Body
WHEREAS, on September 2, 2002, the Jackson County Board of Election Commissioners signed a "Lease with Option to Purchase," with Tri-City Baptist Church, for property located at 215 N. Liberty in Independence, Missouri; and,
WHEREAS, said lease specified monthly rentals to be paid and granted the Board an option to buy the property for a specified price after one year; and,
WHEREAS, when the Board attempted to exercise its option to purchase the property, a dispute arose between the Board and Church as to whether the Board did, in fact, have such an option; and,
WHEREAS, the Board and its counsel have advised that attempts to resolve the dispute have not been successful; and,
WHEREAS, on January 28, 2004, the Board filed a lawsuit against the Church demanding as relief that the Court order the Church to honor the Board's option to purchase the property at the price specified in the lease/purchase document; and,
WHEREAS, that amount, $482,800.00, has previously been appropriated by the Legislature in anticipation of the purchase of this building; and,
WHEREAS, in connection with this lawsuit, it may become necessary or advisable for the Board to pay this sum into court; and,
WHEREAS, under these circumstances, the payment of this sum into court in connection with the Board's lawsuit would be in the best interests of the health, welfare, and safety of the citizens of Jackson County; now therefore,
BE IT RESOLVED by the County Legislature of Jackson County, Missouri, that the Director of the Department of Finance be and hereby is authorized to issue a check in the amount of $482,800.00, made payable to the Circuit Court Administrator of Jackson County, and pursuant to the specific direction of the County Counselor.
Enacted and Approved
Effective Date: This Resolution shall be effective immediately upon its passage by a majority of the Legislature.
APPROVED AS TO FORM:
______________________________ _______________________________
Acting County Counselor
Certificate of Passage
I hereby certify that the attached resolution, Resolution #14896 of February 2, 2004 was duly passed on ____________February 2_______________, 2004 by the Jackson County Legislature. The votes thereon were as follows:
Yeas _______7__________ Nays _____0______
Abstaining _____1______ Absent _____1_______
______________________ _________________________________
Date Mary Jo Spino, Clerk of Legislature
Fiscal Note
There is a balance otherwise unencumbered to the credit of the appropriation to which the expenditure is chargeable and there is a cash balance otherwise unencumbered in the treasury to the credit of the fund from which payment is to be made each sufficient to provide for the obligation herein authorized.
ACCOUNT NUMBER: 015-5502-8020
ACCOUNT TITLE: Public Building Corp. - Capital Projects Fund
Jackson County Election Board Building
Building & Improvements
NOT TO EXCEED: $482,800.00
________________________ __________________________________
Date Director of the Department of Finance