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Home My WebLink About2008-104 - Power and LightBILL N0.2008- 104 ORDINANCE N0.2008-104 AN ORDINANCE AUTHORIZING AND APPROVING THE CITY OF RIVERSIDI~'., MISSOURI, TO ENTER INTO A UTILITY AGREEMENT WITH THE KANSAS CI'CY POWER & LIGHT COMPANY WHEREAS, the City of Riverside, Missouri (the "City") may propose in the future to improve a section of roadway designated as Northwood road. WHEREAS, in order to improve said roadway it may be necessary to adjust and/or relocate certain facilities of Kansas City Power & Light Company ("KCP&L") so as to maintain the present services to existing facilities and current City residents. WHEREAS the City and KCP&L have drafted a Utility Agreement whereby the pasties have agreed to the terms of such adjustment or relocation of services during said improvements. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: Section 1. This Ordinance is intended and is hereby determined and declared to be necessary to accomplish and serve the public purpose of enhancing and improving the City's roadways. Section 2. The City of Riverside shall enter into an agreement whereby the Kansas (~ity Power & Light Company agrees to provide assistance to the City by relocating certain facilities and by keeping continuous electrical service to the Company's customers served by the affected lines (the "Utility Agreement"). Section 3. The execution and delivery of the Utility Agreement, in substantially the form attached hereto as Exhibit A, is approved, and the Mayor is authorized to execute the Utility Agreement and to take such other actions reasonably necessary to carry out the intent of this Ordinance on behalf of the City, the execution of the Utility Agreement being conclu;+ive evidence of such approval. Section 4. The Mayor, the City Administrator, the City Attorney and other appropriate City officials are hereby authorized to take any and all actions as may be deemed necessar}~ or convenient to carry out and comply with the intent of this Ordinance and to execute and deliver for and on behalf of the City all certificates, instruments, agreements and other documents„ as maybe necessary or convenient to perform all matters herein authorized. Section 5. This Ordinance shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED THIS ATTES ' y Clerk ~~DAY OF 1.~-LtJ , 2008. ~J Mayor Kathleen L. Rose i.~s aaaszi~i Tide of Document: Utility Agreement Date of Document: October 9, 2008 Grantor: The City of Riverside, Missouri Grantee: Kansas City Power & Light Company Statutory Address: 1201 Walnut, Kansas City, Missouri 64106 Legal Description: Major Subdivision of Montebella First Plat Reference Book and Page: N/A 0!5858 ~~ C P L co x W '~ O t..l1 N t7~ a'TATE OF HISSOtiRI ~.OUNT'? pF PLATTE SS tCl;k ~.FT BiSTRUHENT RECEIVED 2flEE t>;OY 19 P 2= 09 0 $K 113 I PG0528 Authority: City of Riverside Missouri Project Route: Northwood & Montebeila Dr. County of Platte Distribution Facilities WR. No. 211984 LINE C.O. No. 03-67266C UTILITY AGREEMENT THIS AGREEMENT is made ~ C(Z7&=')2_ ~ th 2008, by and between KANSAS CITY POWER & LIGHT COMPANY, a Missouri corporation, with its address at P.O. Box 418679, Kansas City, Missouri 64141, hereinafter called "Company", and The Citv of Riverside in the state of Missouri, acting by and through the Board of Aldermen, hereinafter called "City'. WITNESSETH: WHEREAS, the City may propose in the future to improve a section of roadway designated as Northwood road. WHEREAS, in order to construct and improve said roadway in accordance with said plans to be prepared by the City ("City Plans), n may be necessary to adjust certain facilities of the Company so as to maintain the present services of said Company's current facilities, such changes being generally shown (n legend on Company's plans, identified as Company's C.O. No. 03-67266C consisting of three (3) sheets, which plans are by reference incorporated herein and made a part hereof. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed as follows: 1. That portion of the current facilities required in the future to be relocated and rebuilt pursuant to the City Plans (relocated facilities) may include distribution lines which are essential aK r~i 3 I PG0528 for Company to keep in operation in order to furnish continuous electrical service to Company's customers served by said lines. Therefore, Company may maintain the current facilities in their existing locations until such time as new right of way is acquired or made available andlor governmental permits are secured by the Company for placement of the Relocated Facilities and it has relocated the Current Facilities or constructed new facilities as required. Company will proceed with the relocation and/or construction without unreasonable delay after the new right of way is made available. 2. Company shall develop the adjustment costs of the Relocated Facilities by using the actual and related indirect costs accumulated in accordance with Company's established work order accounting procedure, and Company shall keep a detailed and accurate account of ail labor, materials, supplies, incidentals and other necessary costs involved in such work (Relocation Costs}. The authorized agent(s) of the City shall have access at all reasonable times to such Company records. 3. Company shall notify the City of the nature and extent of any substantial change made in the plans for the Relocated Facilities, which changes shall be subject to the approval of the City. The City shall have no responsibility for any costs associated with plans NOT approved by the City. 4. In the event the City requests future relocation of Current Facilities as depicted on attached Company's drawing, City will reimburse the Company for the relocation costs associated with those portions of Company's Current Facilities which were installed on public right-of-way and are being relocated due to such project. Upon completion of the work in accordance with City approved plans, City will promptly reimburse Company for the costs of such work, upon submission of a statement for such costs to the Clty. 3K'f:.l 3 ! PG0528 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date written below. KANSA8 CITY POWER & LIGNT COMPANY By: Title: ~y~ >~"',, IZs~Cs~- f~t~c-K ,4 - w ~,/J ACKNOWLEDGMENT State of tilt S 502 ( ) Ss. County of _ ~/~ c,KS d N ) On this ~ day of O~'D'Kt~ , 2008, before me a Notary Public, appeared [JEIZc'-Y- A - W~4i2t'J to me personally known, who being by me duly sworn, did say that he is the 5~(k~2viloQ~ tZcAL.E'~T,~i~f Kansas City Power & Light Co., who executed the foregoing instrument, and that the seal affixed to the forgoing instrument is the corporate seal of said corporation and that said instrument was signed and sealed in behalf of said corporation by the authority of Its Board of Directors and the said Sc.~Pt7Lycsor2_ acknowledged said deed to be the free act and deed of said corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year aforesaid. DAWNE K. LAISF/ Notary Public -Notary Bey State of Mieeourl MvCommisebned fn Cley County My Appointment Exp~a1onary public ~SL K DKI:13 f PG0528 015858 CITY OF RIVER8IDE, M18SOUR1 By: Title: _~~~ V ACKNOWLEDGMENT State of ~) Ss. County of ~,f,~, ) On this Ada of 2008, before me a Notary Public, appeared to me personally known, who being by m duly sworn, did say thatsite is the of the city or Riverside, Missouri, who executed the foregoing instrume ,and that the seal affixed to the forgoing instrument b the corporate seal of said corporation and that said instrument was signed and sealed in behalf aid corporation by the authority of its Board of Directors and the said acknowledged said deed to be the free act and deed of said city. IN TESTIMONY WHE~RE~OF,~I 'have hereunto set my hand and afPoced my official seal the day and year aforesaid. ] NC-AIMpuBUC-t~vsu~ My CanNiM'onksiorte31~.lE07 0~~ My Appointment Expires: Notary F'ub8c (~