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Legislation #: 070399 Introduction Date: 3/29/2007
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER BROOKS
Title: Authorizing the City Manager to execute a public infrastructure cooperation agreement with the Centerpoint Properties Trust for the design, construction, and funding of public infrastructure improvements on the property formerly known as the Richards-Gebaur Air Force Base.

Legislation History
DateMinutesDescription
3/29/2007 Filed by the Clerk's office
3/29/2007 Referred to Finance and Audit Committee
4/4/2007 Advance and Do Pass as a Committee Substitute, Debate
4/5/2007 Passed as Substituted

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070399.pdf Authenticated 96K Authenticated

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 070399

 

Authorizing the City Manager to execute a public infrastructure cooperation agreement with the Centerpoint Properties Trust for the design, construction, and funding of public infrastructure improvements on the property formerly known as the Richards-Gebaur Air Force Base.

 

WHEREAS, the City owns certain real property formerly known as the Richards-Gebaur Air Force Base (the Property), acquired from the United States of America, acting through the Federal Aviation Administration, in part under the Formerly Used Defense Sites program and, acting through the Secretary of the Air Force, in part under the Base Realignment and Closure program; and

 

WHEREAS, on December 12, 2002, the City Council passed Committee Substitute for Resolution No. 021453, pursuant to which the City Council directed the City Manager and the Port Authority of Kansas City, Missouri to work to develop an appropriate financing method for the Authoritys acquisition of the Property and subsequent development of the Property (the Project); and

 

WHEREAS, as part of an overall plan to enable the Authority to acquire the Property and proceed with the development of the Property, the Authority, through a competitive selection process for a private master developer, has selected CenterPoint Realty Services Corporation, an Illinois corporation (CenterPoint), to develop portions of the Property; and

 

WHEREAS, to facilitate the proposed development, the Authority and CenterPoint will enter into a development and sale agreement, whereby CenterPoint will purchase the portions of the property and develop them on the terms and conditions set out in the agreement; and

 

WHEREAS, on February 15, 2007, the City Council passed Ordinance No. 070037 which authorized a cooperative agreement and a development and sale agreement; and

 

WHEREAS, Centerpoint has identified public infrastructure to be made within the initial phases of the property to initially be acquired by it and the parties desire to enter into a public infrastructure cooperation agreement to set forth their obligations relating to the design, construction and funding of the infrastructure for the initial phase; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That City Manager is hereby authorized to execute a public infrastructure cooperation agreement with the Centerpoint Properties Trust for the design, construction, and funding of certain public infrastructure improvements on the property formerly known as the Richards-Gebaur Air Force Base. The agreement is approved in substantial form as that on file in the office of the City Manager, subject to the receipt of all required approvals, from funds previously appropriated in Account Nos: 08-2070-897701-B Street Preservation ($2,763,132.00) and 08-3090-897701-B Street Preservation ($2,236,868.00) and the appropriation of adequate funds for the other financial obligations contained in the agreement.

 

_____________________________________________

 

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.

 

 

___________________________________

Debra R. Hinsvark

Director of Finance

 

Approved as to form and legality:

 

 

___________________________________

Heather A. Brown

Assistant City Attorney