KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 090061 Introduction Date: 1/29/2009
Type: Ordinance Effective Date: none
Sponsor: None
Title: Authorizing the Director of Public Works to execute a cooperative agreement with Weatherby Lake, Missouri and Platte County, Missouri for the removal and relocation of an obsolete pedestrian bridge from the City’s right-of-way abutting Barry Road; authorizing transfer of the same to Platte County, Missouri to be used for parks and recreation purposes; and authorizing the Director of Public Works to execute a cooperative agreement with Weatherby Lake for the ongoing maintenance of public improvements.

Legislation History
DateMinutesDescription
1/27/2009 Filed by the Clerk's office
1/29/2009 Referred to Transportation and Infrastructure Committee
2/5/2009 Advance and Do Pass as a Committee Substitute, Debate
2/5/2009 Passed as Substituted

View Attachments
FileTypeSizeDescription
090061.pdf Authenticated 114K Authenticated
agreement.doc Advertise Notice 88K revised agreement
cooperative agreement.doc Advertise Notice 72K cooperative agreement

Printer Friendly Version

COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 090061

Authorizing the Director of Public Works to execute a cooperative agreement with Weatherby Lake, Missouri and Platte County, Missouri for the removal and relocation of an obsolete pedestrian bridge from the Citys right-of-way abutting Barry Road; authorizing transfer of the same to Platte County, Missouri to be used for parks and recreation purposes; and authorizing the Director of Public Works to execute a cooperative agreement with Weatherby Lake for the ongoing maintenance of public improvements.

WHEREAS, the City of Kansas City, Missouri (City) is designing and plans to construct improvements to Barry Road between North Potomac Street and North Conant Street, which will include some ancillary infrastructure elements in, around and serving the City and Weatherby Lake; and

WHEREAS, part of the construction requires that the existing pedestrian bridge located south of the existing Barry Road Bridge over Rush Creek be removed; and

WHEREAS, the bridge was constructed by Weatherby Lake within the Citys right-of-way immediately adjacent to Weatherby Lake, and has been used for many years by residents of the City and Weatherby Lake; and

WHEREAS, the City and Weatherby Lake have a mutual interest in providing for the removal of the pedestrian bridge so that construction can proceed without delay; and

  WHEREAS, Platte County, Missouri would like to obtain the pedestrian bridge and remove and relocate it at its sole cost and risk for utilization by its parks and recreation department; and

WHEREAS, transfer of the pedestrian bridge to Platte County is in the publics best interest as it will ensure that the bridge will be enjoyed by the public for years to come rather than being demolished and disposed of as scrap, salvage or junk materials; and

WHEREAS, the improvements to be made to Barry Road following the removal of the pedestrian bridge will abut both the City and Weatherby Lake and will need to be maintained; and

WHEREAS, it is in the best interests of the City and Weatherby Lake to mutually agree upon ongoing maintenance responsibilities with regard to the improvements following their construction; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the Director of Public Works is hereby authorized to execute a cooperative agreement with Weatherby Lake, Missouri and Platte County, Missouri, in a form substantially similar to that attached hereto, for the purpose of providing for the removal and relocation by Platte County, Missouri of the pedestrian bridge referenced therein.

Section 2. That notwithstanding the provisions of Section 2-1843, Code of Ordinances, and to allow the reuse of a public pedestrian bridge and avoid the demolition, removal and disposal of the bridge by the City, the Director of Public Works is authorized to transfer to Platte County, at Platte County's sole cost and risk, the pedestrian bridge generally located south of the existing Barry Road Bridge over Rush Creek and no longer needed for public use by the City. Acceptance by Platte County will include its recognition that the City provides no warranty whatsoever for the condition of the bridge and does not provide a warranty for any particular use of the bridge.

Section 3. That the Director of Public Works is authorized to execute a cooperative agreement with Weatherby Lake for the purposes of allocating responsibilities with regard to maintaining the public improvements to be constructed. The agreement is approved in substantial form as that on file in the office of the Director of Public Works.

_________________________________________________

 

Approved as to form and legality:

 

 

_______________________________

Brian Rabineau

Assistant City Attorney