IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
AN ORDINANCE approving the use of an easement across a portion of La Benite Park by Griffith Gaming, Inc., and the Branton Family Partnership, L.P., for the purpose of providing ingress to a d egress from a riverboat casino to be docked on the Missouri River.
Intro
ORDINANCE #2266, January 10, 1994
INTRODUCED BY Dennis Waits, County Legislator
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WHEREAS, the City of Sugar Creek has selected Griffith Gaming, Inc., as its preferred developer/operator of riverboat gaming operation contemplated to be launched from land within the city limits of Sugar Creek; and,
WHEREAS, Griffith has secured an option to purchase, from the Branton Family Partnership, L.P., 50 acres of land located in Sugar Creek, just east and south of that portion of the County's La Be ite Park located on the south bank of the Missouri River; and,
WHEREAS, by a quit-claim deed dated August 28, 1974, between Mary Shaw Branton, the partnership's predecessor in interest, and the County, Mrs. Branton conveyed to the County certain land which is now a portion of La Benite Park, reserving an easement across such land "for ingress to and egress from the Missouri River for industrial, agricultural, recreational, or other purpose , subject however to approval of [Jackson County], which approval shall not be unreasonably withheld . . .;" and,
WHEREAS, Griffith intends to dock a riverboat casino on the Missouri River and board and unboard passengers to and from the riverboat across the ingress/egress easement to and from land-based facilities to be located on the Branton property, and, together with the Branton partnership, has requested the County's approval of this proposed use of the easement; and,
WHEREAS, the Jackson County Circuit Court, by order dated December 16, 1993, File CV93- 24718, ordered Jackson County to grant permission to use said easement, and specifically found that
the applicants' proposed use of the easement was reasonable within the terms of the aforesaid document, that the County could not withhold said permission, that the Legislature's action upon t e request was not a legislative act, but rather an administrative one, and that "In making its decis on, the County stands in a position no greater than any private corporate body vested by property deed with certain rights and responsibilities." and,
WHEREAS, said Court further concluded, in its order, That "[N]either moral opposition to gaming, nor opposition to Griffith's successful development of the dominant tenement ia a reasonable basis for Jackson County to withhold its approval" (of said easement) thereby declaring that this Legislature's philosophical position with regard to gambling is not a proper consideration in the decision to grant or withhold said permission; and
WHEREAS, by granting the permission to use the easement herein the Legislature takes no position as to the propriety of gambling in Jackson County or elsewhere, and merely grants same to be in compliance with the Court's findings, conclusions and order aforesaid; now, therefore
BE IT ORDAINED by the County Legislature of Jackson County, Missouri, that the use of the easement across La Benite Park, proposed by Griffith Gaming, Inc., and the Branton Family Partnership, L.P., be and hereby is approved, and the County Executive and Clerk are hereby authorized to execute and deliver any and all documents necessary to accomplish same.
Attorney 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 #2266 introduced on January 10, 1994 was duly passed on __________________________________ by the Jackson County Legislature. The votes thereon were as follows:
Yeas _______________ Nays _____________
Abstaining _________ Absent __________
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 #2266.
_________________ _____________________________
Date Marsha J. Murphy, County Executive