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Legislation #: 060339 Introduction Date: 3/24/2006
Type: Ordinance Effective Date: none
Title: Clarifying the intent of Resolution No. 060288 regarding the 25th and Southwest Boulevard General Development Plan.

Legislation History
3/24/2006 Filed by the Clerk's office
3/23/2006 Adopted

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060339.pdf Authenticated 77K Authenticated

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Clarifying the intent of Resolution No. 060288 regarding the 25th and Southwest Boulevard General Development Plan.


WHEREAS, on September 30, 2004, upon recommendation of the PIEA, the City Council found the 25th and Southwest Boulevard Area (Project Area) blighted and approved the 25th and Southwest Boulevard General Development Plan by Committee Substitute for Ordinance No. 041081 (the Plan); and


WHEREAS, Boulevard Brewing Associates, L.P. d/b/a Boulevard Brewing Company (the Developer) has been selected by the PIEA to develop the Boulevard Brewing Project, (the Project) within the Plan; and


WHEREAS, the Project provides for the renovation and construction of a brewery as well as public improvements within the Project Area, including the relocation of certain utilities as required by the City of Kansas City, Missouri; and


WHEREAS, the original Plan states that the cost of relocation of the utilities will be borne by the Developer; and


WHEREAS, on March 1, 2006, the Authority adopted Resolution No. 1083 with the stated intention of clarifying the reason that any language regarding the responsibility for utility relocation costs was included in the Plan was to indicate that the Authority would not be obligated to pay such costs, not to make a determination of responsibility as between the Developer and any utility company; and


WHEREAS, the matter of responsibility for electrical utility relocation costs is now before the Public Service Commission of Missouri; and


WHEREAS, members of Public Service commission have shown an interest in the Citys position on the modification of the Plan; and


WHEREAS, in Resolution No. 060288, Council indicated its concurrence with and consent to the modification of the Plan by the Authority; and


WHEREAS, the Council wishes to clarify its intent regarding Resolution No. 060288; NOW, THEREFORE,




Section 1. That the Council hereby states that the purpose of its adoption of Resolution No. 060288 was not to determine the responsibility for payment of costs for relocation or undergrounding of utilities in the Plan Area as between the developer and any affected utility (which is governed by the Public Service Commission pursuant to state law) but to stress that in no case shall the City or the Planned Industrial Expansion Authority of Kansas City, Missouri, be responsible for such costs.


Section 2. That this Resolution takes effect immediately upon its adoption.