File #: 15463    Version: 0 Name: Binding arbitration from any claims for trespass and damage to County park property.
Type: Resolution Status: Passed
File created: 4/12/2005 In control: Land Use Committee
On agenda: 4/12/2005 Final action: 4/25/2005
Title: A RESOLUTION authorizing and directing the Jackson County Counselor to enter into an agreement for binding arbitration of the issues and determination of liability arising from any claims that Jackson County may assert for trespass and damage to County park property by an adjacent landowner.
Sponsors: Dennis Waits
Indexes: ARBITRATION

IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI

 

 

Title

A RESOLUTION authorizing and directing the Jackson County Counselor to enter into an agreement for binding arbitration of the issues and determination of liability arising from any claims that Jackson County may assert for trespass and damage to County park property by an adjacent landowner.

 

 

Intro

                                                                                                                                                                        

RESOLUTION 15463,   April 12, 2005

 

INTRODUCED BY Dennis Waits, County Legislator

 

 

 

Body

WHEREAS, issues have arisen concerning an alleged trespass to County park property by the developer or agents thereof of a local residential subdivision adjacent to the Little Blue River Trace Park which resulted in the removal of county property by the developer plaintiff, for which the County seeks restitution or other compensation from the potential defendants; and,

 

WHEREAS, John I. Moran, a retired Circuit Court Judge, is experienced in real estate legal issues and arbitration of such disputes; and,

 

WHEREAS, in light of the expense of the potential litigation, it is in the best interest of the health, welfare to submit the County's claims to binding arbitration with the potential defendants; now therefore,

 

BE IT RESOLVED by the County Legislature of Jackson County, Missouri, that the County Counselor be and hereby is authorized and directed to enter into an agreement with the potential defendants to submit all of the claims arising from this incident for binding arbitration for  full, final, and complete resolution and settlement of the claims by John I. Moran; and,

 

BE IT FURTHER RESOLVED that the County Counselor be and hereby is authorized to execute any and all documents necessary to effect this agreement.

 

 

 

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 Chief Deputy County Counselor                                            County Counselor

 

Certificate of Passage

 

                     I hereby certify that the attached resolution, Resolution #15463 of April 12, 2005, was duly passed on _________April 25_________________, 2005, by the Jackson County Legislature.  The votes thereon were as follows:

 

 

                     Yeas _______7__________          Nays ______1_______

 

                     Abstaining ______0_______       Absent ______1_______

 

 

______________________                       ____________________________________

Date                                                                                                        Mary Jo Spino, Clerk of Legislature