COMMITTEE
SUBSTITUTE FOR ORDINANCE NO. 200227
Declaring certain real property generally located in the
River Market and bounded by 4th Street on the north, 5th Street on the south,
Main Street on the east, and an access alley on the west surplus to the City's
needs; authorizing the Director of General Services to execute an
Intergovernmental Cooperative Agreement with the Port Authority of Kansas City,
Missouri for the conveyance of the real property; and authorizing the Director
of General Services to execute such deeds and other documents as may be
necessary for the conveyance.
WHEREAS, the City of Kansas City, Missouri (“City”) and the
Port Authority of Kansas City (“Port KC”) 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
WHEREAS, City owns real property located in the River
Market and generally bounded by 4th Street on the north, 5th Street on the
south, Main Street on the east, and an access alley on the west (“Subject
Property”); and
WHEREAS, the Council has determined that this property is
not needed for public use; and
WHEREAS, the Subject Property is currently being underutilized
as a surface parking lot, which use can be also served by replacement parking
in a future structure, provided it remains publicly available on conditions
acceptable to the City; and
WHEREAS, Port KC has proposed to offer the Subject Property
for development to a higher use; and
WHEREAS,
the development of the Subject Property serves a predominantly
public municipal purpose because, without limitation, development
will (i) enhance the tax base of Subject Property and surrounding area;
(ii) retain and generate jobs; (iii) promote economic development in the
area of the City in which the Subject Property is located; (iv) result in
generation of tax revenues to the City from the conduct of business and other
activities in the City that would not otherwise occur; and (v) serve as a
catalyst for additional investment in and further redevelopment and
rehabilitation of the area of the City in which the Subject Property is
located; NOW THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That pursuant to Section 1210 (b)(2) of the
City Charter, the Council hereby finds and declares the Subject Property bearing
the following legal description is no longer needed for public use, and is
hereby declared surplus to the City’s needs; that legal description being:
Lots 165 through 169, Block 17, Town of Kansas (commonly
called Old Town), a subdivision, not in Kansas City, Jackson County, Missouri,
according to the recorded plat thereof, refiled for record July 28, 1896.
Section 2. That the Director of General Services is hereby
authorized to further negotiate, execute and implement an Intergovernmental
Cooperative Agreement with the Port Authority of Kansas City, attached hereto in substantial
form except that Section 5.1.E shall be deleted, for the conveyance of the Subject Property with such changes therein as shall be approved by the City Manager that
further the intentions of this ordinance. Such agreement shall include
a requirement that the disposition of the Subject Property by PortKC be made
only upon open and public competition and shall be subject to the retention of
any easements or other encumbrances deemed necessary by the Director of General
Services.
Section 3. That, upon execution of the Intergovernmental
Cooperative Agreement meeting the requirements of Section 2 of this Ordinance,
the Director of General Services is hereby authorized to execute the special
warranty deed, subject to any and all easements and encumbrances retained by
the City, and all other real estate or other documents needed to effectuate
the transfer and conveyance of the Subject.
____________________________________
Approved as to form and
legality:
_______________________________
Katherine
Chandler
Assistant City Attorney