ORDINANCE NO. 930494

Authorizing the Director of Public Works to enter into a cooperative agreement with Proland Development for sewer design in the Searcy Creek area and directing the City Clerk to record same.

WHEREAS, Searcy Creek Tax Increment Financing District has been created by the City Council; and

WHEREAS, one of the improvements anticipated in the Searcy Creek Tax Increment Financing Plan is the design and extension of sewers in the Searcy Creek area; and

WHEREAS, the City has undertaken to initiate the design for the construction of such sewers and approved an agreement in furtherance of such purpose pursuant to Ordinance No. 930258; and

WHEREAS, in support of the design and ultimate construction of such sewers, Proland Development has expressed its willingness to enter into an agreement to contribute to the design of such sewers; and

WHEREAS, by Resolution No. 921455, the City Council expressed its intent that City contributions and funds expended by Proland Development would be identified as reimbursable expenses in a Tax Increment Financing Plan and would become reimbursable if sufficient funds were available in the Special Allocation Fund; and

WHEREAS, Proland Development and the City have proposed to enter into an agreement reflecting the cooperation between the parties; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the Director of Public Works, on behalf of the City, is hereby authorized to enter into a cooperative agreement with Proland Development for the construction of sewers in the Searcy Creek area. A copy of such cooperative agreement is attached hereto in substantial form and made a part hereof.

Section 2. That the City Clerk is hereby directed to record a copy of the cooperative agreement in the office of the Recorder of Deeds for Clay County and to file a copy with the Secretary of State.

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Approved as to form and legality:

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Assistant City Attorney