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Legislation #: 080541 Introduction Date: 5/22/2008
Type: Ordinance Effective Date: 6/15/2008
Sponsor: None
Title: Authorizing the City Manager to amend a public infrastructure cooperation agreement with the CenterPoint Properties Trust for the design, construction, and funding of public infrastructure improvements on the property formerly known as the Richards-Gebaur Air Force Base; and designating the intent to reimburse CenterPoint from funds appropriated in FY 2009-10 and FY 2010 (short-year).

Legislation History
DateMinutesDescription
5/21/2008 Filed by the Clerk's office
5/22/2008 Referred to Transportation and Infrastructure Committee
5/29/2008 Do Pass
5/29/2008 Assigned to Third Read Calendar
6/5/2008 Councilmember Johnson Move to Amend
6/5/2008 Passed as Amended

View Attachments
FileTypeSizeDescription
080541.pdf Authenticated 108K Authenticated
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=080541 Video Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=080541
CenterPoint Fact Sheet.xls Fact Sheet 47K CenterPoint Fact Sheet

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ORDINANCE NO. 080541, AS AMENDED

 

Authorizing the City Manager to amend a public infrastructure cooperation agreement with the CenterPoint Properties Trust for the design, construction, and funding of public infrastructure improvements on the property formerly known as the Richards-Gebaur Air Force Base; and designating the intent to reimburse CenterPoint from funds appropriated in FY 2009-10 and FY 2010 (short-year).

WHEREAS, the City owns certain real property formerly known as the Richards-Gebaur Air Force Base (the Property), acquired from the United States of America, acting through the Federal Aviation Administration, in part under the Formerly Used Defense Sites program and, acting through the Secretary of the Air Force, in part under the Base Realignment and Closure program; and

WHEREAS, on December 12, 2002, the City Council passed Committee Substitute for Resolution No. 021453, pursuant to which the City Council directed the City Manager and the Port Authority of Kansas City, Missouri to work to develop an appropriate financing method for the Authoritys acquisition of the Property and subsequent development of the Property (the Project); and

WHEREAS, as part of an overall plan to enable the Authority to acquire the Property and proceed with the development of the Property, the Authority, through a competitive selection process for a private master developer, has selected CenterPoint Realty Services Corporation, an Illinois corporation (CenterPoint), to develop portions of the Property; and

  WHEREAS, to facilitate the proposed development, the Authority and CenterPoint will enter into a development and sale agreement, whereby CenterPoint will purchase the portions of the property and develop them on the terms and conditions set out in the agreement; and

  WHEREAS, on February 15, 2007, the City Council passed Ordinance No. 070037 which authorized a cooperative agreement and a development and sale agreement; and

  WHEREAS, CenterPoint has identified public infrastructure to be made within the initial phases of the property to initially be acquired by it and the parties previously entered into a public infrastructure cooperation agreement to set forth their obligations relating to the design, construction and funding of the infrastructure for the initial phase; and

WHEREAS, Committee Substitute for Ordinance No. 070399 which was approved by the City Council on April 5, 2007 authorized the Citys payment of $5 million of public infrastructure costs from the FY 2007-08 street preservation budget; and

WHEREAS, the City is desirous of honoring its financial commitment for the construction of new public infrastructure, but by using funds other than scarce street resurfacing dollars; and

WHEREAS, CenterPoint is currently performing the work on site and is willing to finance the Citys contribution with repayment to CenterPoint by the City in FY 2009-10 and FY 2010 (short-year); and

WHEREAS, the Public Improvements Advisory Committee will meet on May 23, to review this issue and make a recommendation to the City Council; NOW, THEREFORE,

  BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

  Section 1. That the City Manager is hereby authorized to amend a public infrastructure cooperation agreement with the CenterPoint Properties Trust for the design, construction, and funding of certain public infrastructure improvements on the property formerly known as the Richards-Gebaur Air Force Base. The agreement is approved in substantial form as that on file in the office of the City Manager, subject to the receipt of all required approvals, from funds to be appropriated by the City from the one-cent capital improvement sales tax resources in the following amounts:

FY 2009-10 Capital Improvement Sales Tax $3,500,000.00

FY 2010 Capital Improvement Sales Tax 1,700,000.00

TOTAL $5,200,000.00

_____________________________________________

Approved as to form and legality:

 

 

___________________________________

Heather A. Brown

Assistant City Attorney