IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
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AN ORDINANCE enacting sections 5288. and 5289., Jackson County Code, 1984, relating to the establishment of an emergency access road in the Tarsney Lakes community, with a penalty provision.
Intro
ORDINANCE # 3354, April 1, 2003
INTRODUCED BY Bob Spence, County Legislator
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WHEREAS, a portion of the Tarsney Lake Community in unincorporated Jackson County is accessible via just one road; and,
WHEREAS, if the dam at Tarsney Lake were to experience a catastrophic failure, that road would collapse, resulting in the stranding of many residents; and,
WHEREAS, South Shore Drive in Tarsney Lakes was originally platted as a road, but was never built by the developer of the community; and,
WHEREAS, if this road were completed, it would provide alternate ingress and egress to the residents of Tarsney Lakes in the event of a flood; and,
WHEREAS, the Director of the Public Works recommends that South Shore Drive be established as a public road to provide this alternate access; and,
WHEREAS, because the roadbed of this road has sharp curves and very sloping grades and thus could not be constructed to County standards except at very great expense, the Director further recommends that this road be limited to "Emergency Access Only," and used by residents and emergency personnel only, in times of flood or other emergency; and,
WHEREAS, proposed sections 5288. and 5289. of the County Code, adequately codify the Director's recommendations in this regard; and,
WHEREAS, the adoption of this ordinance 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. Sections 5288. and 5289., Jackson County Code, 1984, are hereby enacted, to read as follows:
5288. South Shore Drive (Tarsney Lakes) Declared Emergency Access Road.
South Shore Drive, from West Shore Drive to South Drive in the Tarsney Lakes community, is hereby declared an Emergency Access Road.
5288.1 Gated, By Whom and When Accessible.
South Shore Drive shall be gated and locked at each end, and shall only be accessible by authorized emergency personnel, at times of bona fide emergency, to allow affected residents ingress and egress to and from their property. The road shall remain gated and locked, and otherwise be inaccessible at all other times.
5288.2 Maintenance.
The traffic engineer shall be responsible for the construction, installations and maintenance of the road and gates.
5289. Violation.
No person, other than a Tarsney Lakes resident or operator of an authorized emergency vehicle in time of emergency declared by the Sheriff or local fire chief, shall operate a vehicle on South Shore Drive.
Section B. Penalty Provision. Any violation of this Ordinance shall be punishable pursuant to section 5234., Jackson County Code, 1984.
Enacted and Approved
Effective Date: This Ordinance shall be effective immediately upon its signature by the County Executive.
APPROVED AS TO FORM:
_________________________ _______________________________
Acting County Counselor
I hereby certify that the attached Ordinance, Ordinance # 33354 of April 1, 2003 was duly passed on _________April 7________________, 2003 by the Jackson County Legislature. The votes thereon were as follows:
Yeas _______9________ Nays ________0_______
Abstaining _____0______ Absents _____0_______
This Ordinance is hereby transmitted to the County Executive for her signature.
____________________ ________________________________
Date Mary Jo Spino, Clerk of Legislature
I hereby approve the attached Ordinance #3354.
_________________ _________________________________
Date Katheryn J. Shields, County Executive