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Legislation #: 120153 Introduction Date: 2/9/2012
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER JOHNSON
Title: Waiving a requirement of Section 2-83(a), Code of Ordinances, and authorizing the Director of Public Works to execute a contract with Polsinelli Shughart PC, for the provision of legal services in connection with the creation of one or more Transportation Development Districts; and recognizing an emergency.

Legislation History
DateMinutesDescription
2/10/2012 Filed by the Clerk's office
2/9/2012 Councilmember Johnson Move to Advance
2/9/2012 Passed

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ORDINANCE NO. 120153

Waiving a requirement of Section 2-83(a), Code of Ordinances, and authorizing the Director of Public Works to execute a contract with Polsinelli Shughart PC, for the provision of legal services in connection with the creation of one or more Transportation Development Districts; and recognizing an emergency.

WHEREAS, the City was awarded federal funding to support an alternative analysis for a downtown circulator study; and

WHEREAS, the consultant team selected for that project recommended modern streetcars on Main Street, and the City Council agreed to and adopted the same as the City’s preferred mode and route in Resolution No. 110764; and

WHEREAS, the City is actively engaged in the process of identifying and securing federal grant fund to support the streetcar project; and

WHEREAS, the project’s implementation will require a local financial commitment that will be met through the formation of one or more Transportation Development Districts (TDDs); and

WHEREAS, the City previously expressed its support for the formation and appropriated $100,000.00 for that purpose in Ordinance No. 110934; and

WHEREAS, the City is proceeding to establish the TDD(s) as quickly as possible so that it can better position itself to be awarded federal funding; and

WHEREAS, the formation of the TDD(s) will require various legal services; and

WHEREAS, the original project team included the law firm of Polsinelli Shughart, PC, such that the firm is already familiar with the project and the proposed TDD(s); and

WHEREAS, the short timeline and project efficiencies support the continued use of Polsinelli Shughart, PC in forming the TDD(s); and

WHEREAS, Polsinelli Shughart PC, occasionally represents clients in litigation or negotiations with the City and is willing to represent the City in its TDD efforts only if the law firm is able to continue to represent those clients and other such clients in the future; and

WHEREAS, the Council does not believe that the City’s interests in its TDD efforts will be adversely affected by Polsinelli Shughart PCs representation of other current or future clients in matters adverse to the City; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 Section 1. That the provision of Section 2-83(a), Code of Ordinances, prohibiting a City department from entering into a legal services contract with an attorney or a law firm which represents any party in litigation against the City is hereby waived for the legal services contract with Polsinelli Shughart PC to provide services to the City in its TDD effort.

Section 2. That the Director of Public Works is hereby authorized to execute a contract with Polsinelli Shughart, PC and to expend up to $100,000.00 for such purposes from funds previously appropriated to Account No. 12-2080-891317.

Section 3. That this ordinance, relating to the design, repair, maintenance or construction of a public improvement, is recognized as an emergency measure within the provisions of Section 503 of the City Charter 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:

 

 

___________________________________

Brian Rabineau

Assistant City Attorney