City officials are citing an ordinance written in 1888 as proof that the road leading from Paul Smalley’s drive to Central Avenue is a private drive that they no longer need to maintain.
The council voted four to one Monday night to maintain the road through March 31 to give Smalley time to make other arrangements.
The roadway is between First and Second Streets and near the Union Pacific railway on the east edge of Central Avenue.
City Attorney Bill Davis said the ordinance vacated the streets and alleys near the Missouri Pacific Railroad and converted the road in question into a private drive owned by Union Pacific.
Smalley said Union Pacific found no written record that the road had been vacated by the city. Davis said there was no record of the transfer filed with the Register of Deeds, but that the ordinance was discovered in city records dating back to the 1930s.
Finance Commissioner Mark Mercer said the city cannot use taxpayer money to maintain private property. “One penny would be too much,” he said.
Mercer and Street Commissioner Dean Handy said the city maintaining the road in recent years has simply been a mistake. “There was a misunderstanding,” Mercer said.
Mercer made the motion to temporarily continue the snow removal. “Because of the city’s long-term commitment, I am willing to extend an olive branch,” he said.
Public Works Commissioner Brett Gay voted against continuing the snow removal through March, saying that he didn’t feel it was within the city’s authority to spend funding on clearing a drive that wasn’t on their property.
Handy recommended that Smalley work with the railroad to come up with a maintenance plan.
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City officials are citing an ordinance written in 1888 as proof that the road leading from Paul Smalley’s drive to Central Avenue is a private drive that they no longer need to maintain.
The council voted four to one Monday night to maintain the road through March 31 to give Smalley time to make other arrangements.
The roadway is between First and Second Streets and near the Union Pacific railway on the east edge of Central Avenue.
City Attorney Bill Davis said the ordinance vacated the streets and alleys near the Missouri Pacific Railroad and converted the road in question into a private drive owned by Union Pacific.
Smalley said Union Pacific found no written record that the road had been vacated by the city. Davis said there was no record of the transfer filed with the Register of Deeds, but that the ordinance was discovered in city records dating back to the 1930s.
Finance Commissioner Mark Mercer said the city cannot use taxpayer money to maintain private property. “One penny would be too much,” he said.
Mercer and Street Commissioner Dean Handy said the city maintaining the road in recent years has simply been a mistake. “There was a misunderstanding,” Mercer said.
Mercer made the motion to temporarily continue the snow removal. “Because of the city’s long-term commitment, I am willing to extend an olive branch,” he said.
Public Works Commissioner Brett Gay voted against continuing the snow removal through March, saying that he didn’t feel it was within the city’s authority to spend funding on clearing a drive that wasn’t on their property.
Handy recommended that Smalley work with the railroad to come up with a maintenance plan.
