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Legislation #: 200222 Introduction Date: 3/19/2020
Type: Ordinance Effective Date: none
Sponsor: None
Title: Authorizing the City Manager to enter into a Cost Apportionment Agreement with the Missouri Highways and Transportation Commission for the U.S. 169 “Buck” O'Neil Bridge over the Missouri River Project; establishing Fund No. 3442, the Special Obligation Series 2021A Fund; estimating revenue and appropriating $72,800,000.00 in Fund No. 3442 the Special Obligation Series 2021A Fund; declaring the intent of the City to reimburse itself from the bond proceeds for certain expenditures; authorizing the Director of Finance to close project accounts upon completion; and establishing the effective date of this ordinance.

Legislation History
DateMinutesDescription
3/19/2020 Filed by the Clerk's office
3/19/2020 Referred to Transportation, Infrastructure and Operations Comm
3/25/2020 Hold On Agenda (4/1/2020)
4/1/2020 Hold On Agenda (4/8/2020)
4/8/2020 Do Pass as a Committee Substitute
4/9/2020 Assigned Third Read Calendar as Substituted
4/16/2020 Passed as Substituted

View Attachments
FileTypeSizeDescription
Authenticated Ordinance 200222.pdf Authenticated 122K Authenticated Ordinance
200222 cs to org ord-com.docx Compared Version 45K 200222 compared version
Buck O'Neil KCMO Presentation 3.25.2020.pptx Other 15138K Buck O'Neil Presentation
Buck O'Neil KCMO Presentation 3.24.2020.pptx Other 15137K Presentation
Fact Sheet -US169-Buck O'Neil March 2020 (version 1).pdf Fact Sheet 51K PW Fact Sheet
Appropriatons-US169-Buck O'Neil March 2020.pdf Other 325K PW Appropriation
A - Fiscal Note (Buck O'Neil Bridge).pdf Fiscal Note 80K PW Fiscal Note
Fact Sheet -US169-Buck O'Neil March 2020 (version 1).pdf Fact Sheet 77K PW Fact Sheet
MHTC Agreement US169-Buck O'Neil Cost Share March 2020.pdf Agreement 197K PW Agreement

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 200222

 

Authorizing the City Manager to enter into a Cost Apportionment Agreement with the Missouri Highways and Transportation Commission for the U.S. 169 “Buck” O'Neil Bridge over the Missouri River Project; establishing Fund No. 3442, the Special Obligation Series 2021A Fund; estimating revenue and appropriating $72,800,000.00 in Fund No. 3442 the Special Obligation Series 2021A Fund; declaring the intent of the City to reimburse itself from the bond proceeds for certain expenditures; authorizing the Director of Finance to close project accounts upon completion; and establishing the effective date of this ordinance.

 

WHEREAS, Resolution No. 170265 directed the City Manager to engage with regional partners to develop and recommend a regional funding strategy to build a new US 169/Buck O’Neil Bridge ("Bridge"); and

 

WHEREAS, in November of 2017, the Mid-America Regional Council approved $40,000,000 from the region’s share of the Federal Highway Administration Surface Transportation Program funding towards construction of a replacement of the Bridge; and

 

WHEREAS, the Missouri Highways and Transportation Commission (“MHTC”) has agreed to provide up to half of the construction costs of a replacement Bridge with direct connections from US 169 to I-35; and

 

WHEREAS, Resolution No. 170807 expressed the City’s support for the City applying for a 2017 Transportation Investment Generating Economic Recovery (TIGER 2017) Grant and a 2017-2018 Infrastructure for Rebuilding America (INFRA 2017-2018) Grant for the replacement of the Bridge; and

 

WHEREAS, Ordinance No. 180068 authorized the City Manager to enter into a Cost Sharing Agreement with MHTC for the U.S. 169 “Buck” O'Neil Bridge over the Missouri River project to complete short term repairs on the existing bridge and to complete the environmental assessment necessary to construct a new bridge; and

 

WHEREAS, on April 3, 2018, the voters of Kansas City extended for 20 years the City’s current 1% sales tax to be used for capital improvements and to codify dedication of the available annual sales tax receipts with 35% for neighborhood conservation, maintenance and improvements divided equally among Council districts, at least 25% for street resurfacing, repair, and the construction of complete street facilities, and the remainder allocated for other capital improvements, including the City’s share of the costs for the replacement of the Buck O’Neil Bridge; and

 

WHEREAS, the project scope includes reconstruction and improvement of public roads (“Roads”) accessing into the Charles B. Wheeler Downtown Airport and the Roads are deemed an essential asset to the Downtown Airport; and

 

WHEREAS, the Aviation Department will contribute a maximum amount not to exceed $4,000,000.00, plus a proportionate amount of financing costs if any, towards the City’s total financial contribution required under the Cost Apportionment Agreement; and

 

WHEREAS, the parties desire to enter into a cooperative funding agreement outlining the terms and conditions of providing for the construction of a Bridge; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the City Manager is hereby authorized to execute a Cost Apportionment Agreement with the Missouri Highways and Transportation Commission for the U.S. 169 “Buck” O'Neil Bridge over the Missouri River project.

 

Section 2. That Fund No. 3442, the Special Obligation Series 2021A Bond Fund, is hereby established in the records of the City of Kansas City, Missouri.

 

Section 3. That the revenue in the following account of the Special Obligation Series 2021A Bond Fund, is hereby estimated in the following amount:

 

AL-3442-120000-590000 Bond Proceeds $72,800,000.00

 

Section 4. That the sum of $72,800,000.00 is hereby appropriated from the Unappropriated Fund Balance of the Special Obligation Series 2021A Bond Fund to the following accounts:

 

AL-3442-898024-B-89005594 Buck O’Neil Bridge $72,500,000.00

AL-3442-129620-B Cost of Issuance 300,000.00

TOTAL $72,800,000.00

 

 

Section 5. That the Director of Public Works is hereby designated as requisitioning authority for Account No. AL-3442-898024-B, and that the Director of Finance is hereby designated as requisitioning authority for Account No. AL-3442-129620.

 

Section 6. That the City Council hereby declares its official intent to reimburse itself for certain expenditures made within sixty (60) days prior to or on and after the date of this ordinance with respect to appropriations in Section 4 (“Appropriations”), with the proceeds of bonds expected to be issued by the City. The maximum principal amount of bonds expected to be issued for the Appropriations is not to exceed $72,800,000.00. This constitutes a declaration of official intent under Treasury Regulation 1.150-2.

 

Section 7. That the Director of Finance is hereby authorized to close project accounts, open encumbrances and retainage related to the accounts in Section 4 and return the unspent portion to the Fund balance from which it came upon the earliest of: (i) Project’s completion; (ii) final maturity of financing or (iii) five years after issuance.

 

Section 8. That this ordinance shall become effective on May 1, 2020.

 

_____________________________________________

 

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.

 

 

___________________________________

Tammy L. Queen

Director of Finance

 

Approved as to form and legality:

 

 

___________________________________

Nelson Munoz

Senior Associate City Attorney