ORDINANCE NO. 260718
title
Sponsor: City Manager’s Office
Estimating revenue in the amount of $51,571,000.00 in the Taxable Special Obligation Series 2027A Project Fund, Fund No. 3458, and appropriating the same to the Roy Blunt Luminary Park Project (“Project”); authorizing the Director of Finance to close accounts upon project completion; declaring the intent of the City to reimburse itself from bond proceeds for certain expenditures; reducing appropriations in the Water Revenue Bonds Series 2025 Fund, Fund No. 8082, and appropriating the same to the Project; reducing appropriations in the Sewer Services Fund, Fund No. 8110, and appropriating the same to the Project; estimating revenue in the amount of $28,000,000.00 in the Capital Improvements Grants Fund, Fund No. 3091, and appropriating the same to the Project; authorizing the City Manager to negotiate and enter into a charitable funding contribution agreement with DTC Community Development, Inc.; estimating revenue in the amount of $15,000,000.00 in the Capital Improvement Grants Fund, Fund No. 3091, and appropriating the same to the Project for funds received from the DTC Community Development, Inc., and the Missouri Department of Economic Development related to an allocation of funds from the State of Missouri in support of the Project; authorizing the City Manager to accept a $15,000,000.00 grant subaward from DTC Community Development, Inc., on behalf of the Missouri Department of Economic Development in support of the Project; authorizing the City Manager to execute Amendment No. 5 of a design professional contract with HNTB Corporation for $6,907,670.20 for design services, inspection, and testing during construction of the Project; authorizing the City Manager to execute Amendment No. 3 of a contract with ProjectFirst, LLC, for $1,819,261.00 for project management services for Project; authorizing the City Manager to execute Change Orders for a contract with a joint venture of JE Dunn and Clarkson Construction Company for a total amount not to exceed $148,900,000.00 for construction related to the Project; and recognizing this ordinance as having an accelerated effective date.
body
WHEREAS, on March 2, 2024, the City Council adopted Ordinance No. 240225 authorizing the City Manager to execute an Assignment and Assumption Agreement and Amendment No. 1 in the total amount of $3,468,296.00 in connection with a contract between the Port Authority of Kansas City (PortKC) and HNTB which agreement provided for the completion of 30% design and National Environmental Policy Act (“NEPA”) documentation for the Roy Blunt Luminary Park (fka. South Loop Project) (“Project”); and
WHEREAS, on July 6, 2024, the City Manager executed Contract Amendment No. 2 in the amount of $250,000.00 with HNTB for Design Professional Services in Connection with the Project which agreement provided for additional design services related to the project; and
WHEREAS, on August 1, 2024, the City Council approved Committee Substitute for Ordinance No. 240642 which authorized the City Manager to execute a Contract Amendment No. 3 with HNTB for Design Professional Services in Connection with the Project which provided for the completion of 60% design; and
WHEREAS, on October 2, 2025, the City Council approved Ordinance No. 250809, As Amended, authorizing the City Manager to execute a Contract Amendment No. 4 with HNTB for Design Professional Services in connection with the Project in the amount of $13,697,600.00 which provided for the completion of 100% design; and
WHEREAS, on December 5, 2024, the City Council approved Ordinance No. 241029 which authorized the City Manager to execute a Professional, Specialized or Technical Services contract with ProjectFirst, LLC, in the amount of $450,000.00 in connection with the Project which provided for project and construction management services through August 31, 2025, for which the term has been extended by amendment to August 31, 2026; and
WHEREAS, on October 2, 2025, the City Council approved Ordinance No. 250809, As Amended, authorizing the City Manager to execute a Contract Amendment No. 2 with ProjectFirst, LLC, in the amount of $670,269.46 in connection with the Project which provided for project and construction management services through August 31, 2026; and
WHEREAS, on December 5, 2024, the City Council approved Ordinance No. 241029 which authorized the City Manager to execute a Construction Manager/General Contractor (CM/GC) contract with JE Dunn and Clarkson Construction Company, a joint venture, in the amount of $0.00 in connection with the Project which provided for pre-construction services through April 30, 2025; and
WHEREAS, on October 2, 2025, the City Council approved Ordinance No. 250809, As Amended, authorizing the City Manager to execute Change Order No. 1 to a Construction Manager/General Contractor (CM/GC) contract with JE Dunn and Clarkson Construction Company, a joint venture, in the amount of $712,947.74 in connection with the Project which provided for pre-construction services, further amended by Change Orders 2 through 4 for a total contract amount of $995,260.26; and
WHEREAS, on June 8, 2023, the City Council approved Committee Substitute for Ordinance No. 230477 appropriating the amount of $10 million from the Convention and Sports Complex Fund for the purpose of funding the City’s contribution to the Project; and
WHEREAS, on May 23, 2024, the City Council approved Committee Substitute for Ordinance No. 240450 authorizing the City Manager to execute a funding agreement with the Missouri Department of Economic Development, which agreement provided funding in the amount of $28.6 million to the Project of which $4,000,000.00 was allocated to the design of the Project; and
WHEREAS, on May 23, 2024, the City Council approved Committee Substitute for Ordinance No. 240449 authorizing the City Manager to negotiate and execute a Surface Transportation Block Grant Agreement with the Missouri Highways and Transportation Commission, which agreement provided funding in the amount of $28.6 million to the Project; and
WHEREAS, on August 1, 2024, the City Council approved Committee Substitute for Ordinance No. 240642 estimating and appropriating the amount of $1 million from a Contribution Agreement with DTC Community Development, Inc. for the purpose of contributing funding to the Project; and
WHEREAS, on May 20, 2025, the DTC Community Development, Inc entered into a funding agreement with the Missouri Department of Economic Development for $15,000,000.00 in support of the Project; and
WHEREAS, on October 2, 2025, the City Council approved Ordinance No. 250809 as amended, appropriating $15,080,817.70 in Taxable Special Obligation Bond Funds for the purpose design, management and preconstruction services related to the Project; and
WHEREAS, on October 2, 2025, the City Council approved Ordinance No. 250809 as amended, which directed that a total of $50,000,0000 in private commitments be identified for the Project prior to the City Manager bringing an ordinance for Council consideration to request the issuance of Special Obligation Bonds in fiscal year ending in April 30, 2027; and
WHEREAS, the Project Partners, consisting of the City, Port KC, DTC, and the DTCCD, have identified a total of $39,670,000.00 in private commitments for the Project so therefore the City is requesting authorization to issue $51,571,000.00 of Special Obligation Bonds funds for the Project; and
WHEREAS, on August 1, 2024, the City Council approved Committee Substitute for Ordinance No. 240602 related to a MoDOT Partnership Development Cost Share Program agreement which the City was successful in obtaining and on November 13, 2025, the City Council approved Ordinance No. 250964 estimating and appropriated $31,569,602.00 related to that agreement, of which $12,263,342.00 are available for use on phase 1 of the Project; and
WHEREAS, the City, Port KC, DTC, and DTCCD are parties to a Memorandum of Understanding dated September 22, 2022, related to forming a public private partnership for the Project and to a development agreement to document their understanding of the undertakings and commitments to be taken by each with respect to the design, development, construction, maintenance, management, use and operation of the Project; and
WHEREAS, the cost of the Project will be funded with the issuance of special obligation bonds ("Bonds") in the Spring 2027 and the payment of scheduled debt service payments on the bonds will be made from the proceeds of convention and tourism tax, and any legally available revenue source of the City, as needed, over a successive fifteen (15) year period; NOW, THEREFORE;
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. Estimating revenue in the amount of $51,571,000.00 in Fund No. 3458, 2027A Taxable Special Obligation Bond Fund in the following account:
AL-3458-120000-590000 Bond Proceeds $51,571,000.00
Section 2. That the sum of $51,571,000.00 is hereby appropriated in Fund No. 3458, 2027A Taxable Special Obligation Bond Fund, to the following account:
AL-3458-107040-B-10LUMINARYPK Luminary Park $51,571,000.00
Section 3. That the Director of Finance is hereby authorized to close accounts, open encumbrances and retainage related to the accounts in Section 2 and return the unspent portion to the Fund balance from which it came upon the earliest of: (i) the provisions of this ordinance; (ii) final maturity of financing or (iii) five years after issuance.
Section 4. That the City Council hereby declares its official intent to reimburse itself for certain expenditures made within sixty (60) days prior to or on and after the date of this Ordinance with respect to appropriations in Section 2, (the “Appropriation”) with the proceeds of bonds expected to be issued by the City. The maximum principal amount of bonds expected to be issued for the Appropriations is not to exceed $51,625,000.00. This constitutes a declaration of official intent under Treasury Regulation 1.150-2.
Section 5. That the appropriation in the following account of the Water Revenue Bonds Series 2025 Fund, Fund No. 8082, is hereby reduced by the following amount:
AL-8082-807705-B-80BUDGET Water Main Replacement Program $3,553,143.32
Section 6. That the sum of $3,553,143.32 is hereby appropriated from the unappropriated fund balance of Fund 8082, the Water Revenue Bonds Series 2025 Fund, to the following account:
AL-8082-107040-B-10LUMINARYPK Luminary Park $3,553,143.32
Section 7. That the appropriation in the following account of the Sewer Services Fund, Fund No. 8110, is hereby reduced by the following amount:
27-8110-807769-B-80BUDGET Smart Sewer Program $682,470.16
Section 8. That the sum of $682,470.16 is hereby appropriated from the unappropriated fund balance of Fund 8110, the Sewer Services Fund, to the following account:
27-8110-107040-B-10LUMINARYPK Luminary Park $682,470.16
Section 9. That the City Manager is authorized to negotiate and enter into a charitable funding contribution agreement with DTC Community Development, Inc. for the purposes of undertaking activities related to the Project.
Section 10. Estimating revenue in the amount of $28,000,000.00 in Fund No. 3091, Capital Improvement Grants in the following account:
27-3091-107040-481900-10LUMINARYPK Contributions for Project $28,000,000.00
Section 11. That the sum of $28,000,000.00 is hereby appropriated in Fund No 3091, Capital Improvement Grants in the following account:
27-3091-107040-B-10LUMINARYPK Luminary Park $28,000,000.00
Section 12. That the City Manager is authorized to accept a $15,000,000.00 grant subaward from DTC Community Development, Inc. on behalf of the Missouri Department of Economic Development for the purposes of undertaking community development projects with funds from the state Budget Stabilization Fund. A copy of the acceptance agreement is on file with the Office of the City Manager.
Section 13. That revenue in the amount of $15,000,000.00 is estimated in Fund No. 3091, Capital Improvements Grant Fund, in the following account:
27-3091-107040-479670-10LUMINARYPK Economic Development Grants $15,000,000.00
Section 14. That the sum of $15,000,000.00 is hereby appropriated in Fund No. 3091, Capital Improvements Grants Fund in the following account:
27-3091-107040-B-10LUMINARYPK Luminary Park $15,000,000.00
Section 15. That the City Manager is hereby designated as requisitioning authority for Account Nos. AL-3458-107040 -B-10LUMINARYPK, AL-8082-107040-B-10LUMINARYPK, 27-8110-107040-B-10LUMINARYPK, and 27-3091-107040-B-10LUMINARYPK.
Section 16. That the City Manager is authorized to execute Amendment No. 5 of design professional contract no. 89022041-001 with HNTB Corporation for $6,907,670.20 for the Project. A copy of the amendment is on file in the office of the City Manager.
Section 17. That the City Manager is authorized to execute Amendment No. 3 of contract no. 89022041-01 with ProjectFirst, LLC for $1,819,261.00 for the Project. A copy of the amendment is on file in the office of the City Manager.
Section 18. That the City Manager is authorized to execute Change Orders for contract no. 89022041 with JE Dunn and Clarkson Construction Company, a joint venture, for a total contract amount to not exceed $148,900,000.00 for the Project. A copy of the amendment is on file in the office of the City Manager.
Section 19. That this ordinance, relating to the design, repair, maintenance or construction of a public improvement, 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 Charter.
end
______________________________________________________
I hereby certify that there is a balance, otherwise unencumbered, to the credit of the appropriation to which the forgoing 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.
______________________________
Brenton Siverly
Director of Finance
Approved as to form:
______________________________
Andrew Bonkowski
Associate City Attorney