ORDINANCE NO. 210561

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Authorizing the City Manager to enter into a Municipal Agreement and Utility Attachment Agreement with the Missouri Highways and Transportation Commission (MHTC) for the U.S. 169 “Buck” O'Neil Bridge over the Missouri River Project; authorizing the City Manager and Directors of Aviation and General Services to execute easements and right of way documents necessary for the project, and recognizing this ordinance as having an accelerated effective date.

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WHEREAS, Ordinance No. 180068 authorized the City Manager to enter into a Cost Sharing Agreement with MHTC for the U.S. 169 “Buck” O’Neil Bridge over the Missouri River Project to complete short term repairs on the existing bridge and to complete the environmental assessment necessary to construct a new bridge; and

WHEREAS, Committee Substitute for Ordinance No. 200222 authorized the City Manager to enter into a Cost Apportionment Agreement with the Missouri Highways and Transportation Commission for the U.S. 169 “Buck” O'Neil Bridge over the Missouri River Project providing the City’s share of the funding towards the project; and

WHEREAS, Ordinance No. 200637 authorized the City Manager to enter into a supplemental Cost Apportionment Agreement with the Missouri Highways and Transportation Commission (MHTC) for the U.S. 169 “Buck” O'Neil Bridge over the Missouri River Project; and

WHEREAS, the MHTC utilized a design-build procurement process and on February 3, 2021, awarded the project to Messman-Clarkson which is a joint venture of Kansas City located companies and design has progressed to the point where easements and right of way documents have been completed and the City will be dedicating easements and right of way to the MHTC necessary to complete the project; and

WHEREAS, a Municipal Agreement is required which outlines the parties’ responsibilities with respect to the construction and maintenance of those improvements to the State Highway System located within the City limits; and

WHEREAS, the MHTC has agreed to provide the City with the ability to attach a conduit to the new bridge to expand the City’s fiber optic network and which requires execution of a Utility Attachment Agreement; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the City Manager is hereby authorized to enter into a Municipal Agreement and a Utility Attachment Agreement for the U.S. 169 “Buck” O’Neil Bridge over the Missouri River Project.

Section 2. That the City Manager and Director of Aviation as to properties in Clay County used in conjunction with the Charles Wheeler Downtown Airport, and the Director of General Services as to properties in Jackson County are hereby authorized to execute the necessary easements, property transfers, and right of way dedications as outlined in the Municipal Agreement and required by the MHTC for the U.S. 169 “Buck” O’Neil Bridge over the Missouri River Project, including, but not limited to:  (i) temporary easements on two parcels, as set forth on Exhibit A, and permanent easement as set forth on Exhibit B, all of which easements are within a part of Lot 50, Block 1, Woodswether Industrial District,  a subdivision of land in the City of Kansas City, Jackson County, Missouri, and (ii) a permanent easement as set forth on Exhibit C on portions of Lots 3 and 4, and all of Lot 5, Block 3, Lykin’s Addition, an addition in Kansas City, Jackson County, Missouri.

Section 3. That this ordinance, relating to the design, repair, maintenance or construction of a public improvements, is recognized as an ordinance with an accelerated effective date as provided by Section 503(a)(3)(D) of the City Charter and shall take effect in accordance with Section 503, City Chapter.

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Approved as to form and legality:

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Amelia McIntyre

Assistant City Attorney