HomeMy WebLinkAbout2009-121 - Power and LightBILL N0.2009-121
ORDINANCE N0.2009-121
AN ORDINANCE AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT
WITH KANSAS CITY POWER & LIGHT TO RELOCATE TRANSMISSION
POLES.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF
RIVERSIDE, MISSOURI, AS FOLLOWS:
(1) The Mayor is hereby authorized to sign in behalf of the City the attached
agreement with Kansas City Power & Light to relocate certain high voltage transmission
lines to facilitate City construction neaz North Argosy Pazkway for the estimated sum of
$375,000 plus such additional actual costs as maybe incurred to complete the relocation.
(2) This ordinance shall be in full force and effect immediately upon passage.
ADOPTED AND APPROVED b the Board o Aldermen and Mayor of the City of
Riverside, Missouri, this ~_ day of ~, 2009.
APPROVED:
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MAYOR
ATTE
' Clerk
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RELOCATION AGREEMENT
THIS RELOCATION AGREEMENT ('Agreement') is made and entered into as of the
date of last signature hereto (the "Effective Date") by and between Kansas City Power & Light
Company ("KCP&L") a Missouri corporation, whose mailing address is 1201 Walnut, P.O. Box
418679, Kansas City, Missouri 64141-9679, and THE CITY OF RI (VE~RSyI,DE ("CITY") whose
mailing address is o?%~/V6f/ ~/~n , . ,cY®/rSi~. %0% • ~ /~~-57]
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WHEREAS, CITY has plans for altering several transmission poles in or near N. Argosy
Pkwy. in Riverside, MO.
WHEREAS, KCP&L has a high voltage electric line known as the Avondale JCT-
Riverside #1 161 KV transmission line (hereinafter known as "Line'), the present location of
which conflicts with CITY plans for a project near N. Argosy Pkwy. in Riverside, MO.
WHEREAS, KCPB.L is willing to alter Line provided it incurs no cost for such alterations.
WHEREAS, KCPB:L and CITY desire to provide for the relocation of Line pursuant to
the terms recited herein.
NOW, THEREFORE, in consideration of the mutual promises, covenants, undertakings,
and other considerations set forth herein, KCPBL and CITY agree as follows:
1. CITY shall pay KCPBL for all costs incurred by KCPB,L associated with the
relocation of Line, including but not limited to, the cost of planning and engineering relocation of
Line, removal of (the existing) Line, and the cost of material and labor needed to construct Line
in a new location. The estimated cost of planning and engineering relocation and removing
(existing) Line, and the cost of material and labor to construct Line in a new location is
estimated at approximately $375,000, ("Estimated Cost"). CITY acknowledges and agrees that
this is an estimated total cost and that notwithstanding such estimated amount as stated herein;
CITY shall pay the actual cost of such activities according to the terms of this Agreement.
2. KCPBL shall develop the costs of relocating Line using the direct and indirect
costs accumulated in accordance with KCPBL'S established work-order accounting procedure.
KCPBL shall keep a detailed and accurate account of all labor, material, supplies, incidentals
and other costs involved in such work. CITY, or any agent authorized in writing by CITY, shall
have access at all reasonable times to all such KCPBL accounts and records.
3. CITY agrees to pay KCPBL $187,500 simultaneously upon delivery of an
executed copy of this Agreement to KCPBL. No sooner than thirty (30) days prior to the
commencement of construction of the Line in its new location, KCPBL shall deliver to CITY
written notice which shall contain the approximate date KCPBL will commence relocation of the
Line. No later than thirty (30) days after the receipt of such notice, CITY shall deliver to KCPBL
the remaining payment of $187,500. Within ninety (90) days after KCPBL completes
construction of the Line in its new location, KCPBL shall reimburse CITY to the extent that the
amounts paid by CITY to KCPBL exceed the actual costs incurred by KCPBL for such
relocation. Should the actual costs incurred by KCPBL for such relocation be greater that the
amount paid by CITY, then KCPBL shall provide written notice of such excess costs to CITY.
Upon receipt of such notice, CITY shall promptly deliver payment to KCPBL in the amount of
the difference between the amount paid to date and the actual cost incurred. If CITY fails to
make any payment in a timely manner pursuant to this Agreement, this Agreement shall
automatically terminate and have no further force or effect, provided, however, that CITY shall
remain liable to KCP8L for KCPBL 'S actual costs expended pursuant to this Agreement, which
obligation shall survive any termination of this Agreement.
4. KCP8L agrees to have the Line altered no later than nine months after the
Effective Date; provided, however, that such completion date may be extended by KCPBL,for
causes beyond its control such as due to weather conditions, delays in obtaining private
easements, permits, licenses or necessary permission for relocation, existing demands upon
KCP8L 'S electric transmission system or line clearance delays caused by the Southwest
Power Pool, delivery of materials from vendors, and such other matters and conditions
regarding the operation of KCPBL'S electric transmission system that may impact relocation of
the Line.
5. KCPBL and CITY agree that the Line is to be wholly altered upon KCPBL
transmission easements and that no portion of the Line as altered will be built upon any public
right-of-way. The costs of acquiring the private easements, if any, shall be borne by CITY and
are not included in the estimated total cost set forth in Section 1. in the event that private
easements cannot be obtained in a timely manner and at a price acceptable to CITY and
without condemnation action by KCPBL ,KCPBL shall: (i) deliver written notice to CITY of
such inability to obtain the private easements in a timely manner, (ii) refund to CITY the funds, if
any, previously paid for costs not yet incurred by KCPBL as of the date of notification, and (iii)
this Agreement shall automatically terminate and have no further force and effect, provided,
however, that to the extent KCPBL 'S actual costs incurred exceed the amount previously paid
by CITY to KCPBL ,CITY shall remain liable to KCPBL for KCPBL 'S actual costs expended
pursuant to this Agreement, which obligation shall survive any termination of this Agreement.
6. CITY agrees to acquire and pay for, or as appropriate, issue, in a timely manner,
as directed by KCPBL, all permits, licenses, or other permission necessary from any
governmental body for the relocation of the Line. In the event that any permit, license or other
permission necessary to relocate the Line is not so obtained by CITY; KCPBL shall have no
obligation to relocate the Line. Upon written notice by KCPBL to CITY of CITY'S failure to
obtain such item(s) in a timely manner, KCPBL shall refund to CITY the funds, if any,
previously paid by CITY for costs not yet incurred by KCPBL as of the date of notification, and
this Agreement shall automatically terminate and have no further force and effect, provided,
however, that to the extent KCPBL'S actual costs incurred exceed the amount previously paid
by CITY to KCPBL ,CITY shall remain liable to KCPBL for KCPBL'S actual costs expended
pursuant to this Agreement, which obligation shall survive any termination of this Agreement.
The parties agree that this Agreement shall be governed by the laws of the State
of Missouri, without regard to its conflict of law principles.
8. KCP&L and CITY expressly understand and agree that the consideration stated
herein is the sole consideration for this Agreement, and the terms and conditions stated herein
are contractual and not a mere recital, and all agreements and understandings between the
parties hereto are expressed and embodied herein.
9. Neither party hereto may assign this Agreement without the written consent of
the other party.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year
indicated below.
KCPBL
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ey: ~ C~v~
Steven Gilkey, Seni r irector
Date: ~ ZQ dQ
cITY
Date: /~~/~0/
Approved as to form:
Derek A. Ward