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Legislation #: 190203 Introduction Date: 3/7/2019
Type: Ordinance Effective Date: 3/29/2019
Sponsor: None
Title: Authorizing the City Manager to negotiate and execute a Purchase Agreement with PortKC for property located at 515 Liberty Street which is necessary for construction of the Westside Facility Plan, for conveyance of 1724 Market Street to PortKC, and other consideration; authorizing the City Manager to accept various deeds and easements; authorizing the Director of General Services to execute various deeds and other documents necessary for the conveyance of 1724 Market Street to PortKC; authorizing the Director of Water Services to expend up to $300,000.00 to satisfy the cost of the Purchase Agreement; and upon conveyance of 515 Liberty to the City; authorizing the City Manager to enter a Settlement Agreement with Outfront Media LLC to settle various claims; and recognizing this ordinance as having an accelerated effective date.

Legislation History
DateMinutesDescription
3/7/2019 Filed by the Clerk's office
3/7/2019 Referred to Planning, Zoning & Economic Development Committee
3/20/2019 Do Pass
3/21/2019 Referred to Finance and Governance Committee
3/27/2019 Advance and Do Pass, Debate
3/28/2019 Passed

View Attachments
FileTypeSizeDescription
190203.pdf Authenticated 159K Authenticated
PZE 3-20-19 - Smart Sewer.pptx Other 1792K Presentation
Settlement Agreement substantial form.pdf Agreement 143K Settlement Agreement
Purchase Agreement City substantial form.pdf Agreement 559K Purchase Agreement
fact sheet.xlsx Fact Sheet 51K fact sheet
fiscal note.xlsx Fiscal Note 17K fiscal note

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ORDINANCE NO. 190203

 

Authorizing the City Manager to negotiate and execute a Purchase Agreement with PortKC for property located at 515 Liberty Street which is necessary for construction of the Westside Facility Plan, for conveyance of 1724 Market Street to PortKC, and other consideration; authorizing the City Manager to accept various deeds and easements; authorizing the Director of General Services to execute various deeds and other documents necessary for the conveyance of 1724 Market Street to PortKC; authorizing the Director of Water Services to expend up to $300,000.00 to satisfy the cost of the Purchase Agreement; and upon conveyance of 515 Liberty to the City; authorizing the City Manager to enter a Settlement Agreement with Outfront Media LLC to settle various claims; and recognizing this ordinance as having an accelerated effective date.

 

WHEREAS The City of Kansas City, Missouri (“City”) and the Port Authority of Kansas City (“PortKC”) are political subdivisions of the State of Missouri and are authorized to accept, receive, transfer and convey real property, and to cooperate with each other to accomplish their purposes and to transfer real property between them; and

 

WHEREAS PortKC owns real property commonly known as 515 Liberty Street (“515 Liberty”) which is required to fulfill a vital public purpose of constructing the Westside Facility Plan and there is no other property reasonably suitable for this project; and

 

WHEREAS the City owns real property along the Missouri River commonly known as 1724 Market Street (“1724 Market”) which is currently leased to PortKC and used as part of its operations as a port and intermodal facility; and

 

WHEREAS the City and PortKC wish to cooperate to further their mutual goals and public purposes which may be accomplished by the conveyance of 515 Liberty to the City, conveyance of 1724 Market to PortKC, and exchange of such other and additional consideration and upon the terms and considerations set out in the Purchase Agreement, substantially in form and on file in the office of the Water Services Department; and

 

WHEREAS the conveyance of 515 Liberty to the City and conveyance of 1724 Market to PortKC will allow the properties to fulfill needed public purposes; and

 

WHEREAS 515 Liberty is subject to a lease between PortKC and Outfront Media, LLC which allows location of a billboard with two sign faces on the property which must be removed to accommodate the necessary public project and as such has been under threat of condemnation; and

 

WHEREAS to resolve the potential claims of the City and Outfront Media, LLC, subject to approval by this City Council, a Settlement Agreement has been negotiated, substantially in form, on file with the Water Services Department, which will resolve their potential claims and threat of condemnation related to 515 Liberty; NOW THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the City Manager, or his designee, is hereby authorized to negotiate and execute on behalf of the City a Purchase Agreement with PortKC, substantially in the form and on file with the Director of Water Services, and hereby approved in substantial form and substance, with the express authorization given to the City Manager, or his designee, to modify, amend, and extend the terms and conditions of such Purchase Agreement as deemed appropriate by the City Manager due to circumstances determined to exist.

 

Section 2. That the City Council determines that acquisition of the property at 515 Liberty is necessary to fulfill a public purpose, namely the Westside Facility Plan and it is in the best interests of the City.

 

Section 3. That the City Manager is hereby authorized to accept on behalf of the City, special warranty deeds or other form of deeds and various easements for all of the parcels of real property described in and contemplated by the Purchase Agreement.

 

Section 4. That the Director General Services is hereby authorized to execute the special warranty deed and all other closing documents related to transfer and conveyance of 1724 Market Street as set forth in the Purchase Agreement.

 

Section 5. That the Director of Water Services is hereby authorized to expend $300,000.00 from Account No AL-8188-807769-B-81000710, to satisfy the cost of the Purchase Agreement.

 

Section 6. Upon conveyance of 515 Liberty to the City, the City Manager is authorized to enter a Settlement Agreement with Outfront Media LLC, which is on file with the Director of Water Services, and hereby approved in substantial form and substance, with the express authorization given to the City Manager to modify, amend, and extend the terms and conditions of such Settlement Agreement as deemed appropriate by the City Manager due to circumstances determined to exist.

 

Section 7. That this ordinance is recognized as having an accelerated effective date within the provisions of Section 503(a)(3)(D) of the City Charter in that it relates to the design, repair, maintenance, or construction of a public improvement and shall take effect in accordance with that section.

 

____________________________________

 


I hereby certify that there is a balance, otherwise unencumbered, to the credit of the appropriation to which the foregoing expenditure is to be charged, and a cash balance, otherwise unencumbered, in the treasury, to the credit of the fund from which payment is to be made, each sufficient to meet the obligation hereby incurred.

 

 

________________________________

Randall J. Landes

Director of Finance

 

Approved as to form and legality:

 

 

____________________________

Charlotte Ferns

Assistant City Attorney