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Legislation #: 180927 Introduction Date: 11/29/2018
Type: Ordinance Effective Date: 12/14/2018
Sponsor: None
Title: Authorizing the negotiation, execution and the implementation of a Cooperative Agreement for an exchange and transfer of real property for the construction, location and maintenance of the “N. Woodland Complete Streets Project”, in the vicinity of N. Woodland Avenue and N.E. 96th Street, in Kansas City, Clay County, Missouri with Joseph Mandacina and John Pisciotta; and recognizing an accelerated effective date.

Legislation History
DateMinutesDescription
11/29/2018 Filed by the Clerk's office
11/29/2018 Referred to Transportation & Infrastructure Committee
12/13/2018 Advance and Do Pass, Debate
12/13/2018 Passed

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180927.pdf Authenticated 91K Authentication

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ORDINANCE NO. 180927

 

Authorizing the negotiation, execution and the implementation of a Cooperative Agreement for an exchange and transfer of real property for the construction, location and maintenance of the “N. Woodland Complete Streets Project”, in the vicinity of N. Woodland Avenue and N.E. 96th Street, in Kansas City, Clay County, Missouri with Joseph Mandacina and John Pisciotta; and recognizing an accelerated effective date.

 

WHEREAS, the City owns rights in certain real property generally located east of and adjacent to Maplewoods Parkway north of N.E. 94th Street and south of N.E. 96th Street, Kansas City, Clay County, Missouri (“Surplus Property”) and the City Council previously passed Ordinance No. 180880 on November 29, 2018, which declared such property surplus subject to proposed reserved easements to continue to serve the public purpose; and

 

WHEREAS, the City proposes to construct, locate, and maintain road improvements, including any necessary structures or appurtenances, for the “N. Woodland Complete Streets Project”, and as a part of the surplus property process will request proposers to offer right-of-way, permanent easements, and temporary easements for such road improvements; and

 

WHEREAS, the City, Joseph Mandacina, and John Pisciotta have negotiated the terms and conditions of a Cooperative Agreement between them to implement an exchange of property to facilitate the construction, operation and maintenance of road improvements, including any necessary structures or appurtenances, for the “N. Woodland Complete Streets Project”; and

 

WHEREAS, Joseph Mandacina and John Pisciotta have also requested that the City authorize this Cooperative Agreement so that it may be tendered by them in response to the request for proposals for the Surplus Property; and

 

WHEREAS, the Council finds that the Cooperative Agreement serves the public purpose for the construction, operation and maintenance of road improvements, including any necessary structures or appurtenances, for the “N. Woodland Complete Streets Project” in Kansas City, Clay County, Missouri; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the Director of the Public Works Department, or her designee, is hereby authorized to negotiate and execute on behalf of the City, the Cooperative Agreement, substantially in the form of Exhibit A attached hereto, with the final signed form to be maintained on file with the Director, and such signed form of the Cooperative Agreement will be controlling, and with the express authorization given to such Director to modify, amend, and extend the terms and conditions of such Cooperative Agreement as deemed appropriate by the Director due to circumstances determined to exist.

 

Section 2. That the City Council determines that the exchange of the Surplus Property described in Ordinance No. 180880 passed on November 29, 2018, and the subsequent transfer upon completion of a solicitation of proposals serves the City’s interests to ensure and enable the construction, operation and maintenance of road improvements, including any necessary structures or appurtenances, for the “N. Woodland Complete Streets Project”, if Joseph Mandacina and John Pisciotta offer in response to such request for proposals a signed form of the Cooperative Agreement, substantially in the form of Exhibit A.

 

Section 3. That the City Manager, or his designee, is hereby authorized to accept, on behalf of the City, special warranty deeds or other form of deeds, and various easements for all of the parcels of real property described in and contemplated by the Cooperative Agreement.

 

Section 4. That the Director of the Public Works Department, or her designee, is hereby authorized to execute the Special Warranty Deed and all other closing documents related to the transfer and conveyance of the Surplus Property as set forth in the Cooperative Agreement.

 

Section 5. That this ordinance is recognized as having an accelerated effective date within the provisions of Section 503(a)(3)(D) of the City Charter in that it relates to the design, repair, maintenance, or construction of a public improvement, and shall take effect in accordance with that section.

______________________________________________

 

Approved as to form and legality:

 

 

______________________________

Matthew W. Cooper

Assistant City Attorney