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Legislation #: 130464 Introduction Date: 6/6/2013
Type: Ordinance Effective Date: none
Sponsor: None
Title: Approving the Assignment and Assumption Agreement (Regarding Tunnel) for the tunnel encroachment underneath Baltimore Avenue, approximately 80 feet south of 10th Street and all rights, responsibilities and obligations under Ordinance No. 2157, passed January 7, 1931, to Veolia Energy Kansas City, Inc.

Legislation History
DateMinutesDescription
6/6/2013 Filed by the Clerk's office
6/6/2013 Referred to Transportation & Infrastructure Committee
6/13/2013 Hold On Agenda (6/20/2013)
6/20/2013 Hold On Agenda (6/27/2013)
7/11/2013 Hold On Agenda (8/15/2013)
8/1/2013 Do Pass as a Committee Substitute
8/1/2013 Passed as Substituted

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130464.pdf Authenticated 135K Authenticated
130464 Fact Sheet.pdf Fact Sheet 264K Fact Sheet
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=130464 Video Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=130464

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 130464

 

Approving the Assignment and Assumption Agreement (Regarding Tunnel) for the tunnel encroachment underneath Baltimore Avenue, approximately 80 feet south of 10th Street and all rights, responsibilities and obligations under Ordinance No. 2157, passed January 7, 1931, to Veolia Energy Kansas City, Inc.

 

WHEREAS, on January 7, 1931, the City Council of Kansas City, Missouri approved Ordinance No. 2157 ("Ordinance") which granted permission for the construction, operation and maintenance of a tunnel under Baltimore Avenue, approximately 80 feet south of 10th Street, for the benefit of the owners of the property on either side of Baltimore Avenue (collectively, the "Property Owners"); and

 

WHEREAS, pursuant to said Ordinance, the tunnel was constructed under Baltimore providing an underground connection between the two buildings; and

 

WHEREAS, the tunnel was closed off by the Property Owners approximately ten years ago and the existing tunnel is no longer used by the Property Owners to provide a connection between the buildings. However, the tunnel is used by Veolia Energy Kansas City, Inc., to maintain certain equipment within said tunnel for operation of its steam system within Downtown Kansas City; and

 

WHEREAS, the Property Owners have requested that the City approve the assignment of all rights, responsibilities and obligations for the encroachment to Veolia Energy Kansas City, Inc.; and

 

WHEREAS, the City is willing to approve assignment of the encroachment for the tunnel subject to execution of the Assignment and Assumption Agreement by the parties; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the Mayor and City Council hereby approve the Assignment and Assumption Agreement (Regarding Tunnel) of the permission and encroachment granted in Ordinance No. 2157, passed January 7, 1931, that approved construction and operation of a tunnel underneath Baltimore Avenue, approximately 80 feet south of 10th Street and hereby approve the assignment of and assumption by all rights, responsibilities and obligations to Veolia Energy Kansas City, Inc., thereunder. That the Director of the Department of Public Works is hereby authorized to execute and acknowledge the City's acceptance of the Assignment and Assumption Agreement (Regarding Tunnel).

 


 

Section 2. That the Property Owners are hereby released and held harmless from any claims, causes of action, expenses, costs or damages arising from the Ordinance upon

the Director of the Department of Public Works signing the Assignment and Assumption Agreement.

 

_______________________________________________

 

Approved as to form and legality:

 

______________________________

Nelson V. Munoz

Assistant City Attorney