HomeMy WebLinkAbout2003-088 - Agreement with Kansas City Power and Light Regarding Relocation of UtilitiesBILL NO. 2003-88 ORDINANCE' NO. 2003-88
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECU"I'E AN AGREEMENT BY AND QE'I'WEEN
THE CITY OF RIVERSIDE, MISSOURI AND KANSAS CITY POWER & LIGHT COMPANY
REGARDING RELOCATION OF UTILITIES FOR ROADWAY IMPROVEMENTS
WHEREAS, the City of Riverside, Missouri (the "City") is currently planning the construction of certain
roadway improvements and expansions to and of NW Gateway Drive in the City (the "Project'); and
WHEREAS, as part of the Project the City desires to relocate certain utilities, and the City has entered into
negotiations with Kansas City Power & Light Company ("KCPL") regarding allocation and payment of the costs of
such relocation; and
WHEREAS, the City and KCPL have reached an agreement concerning payment of such relocation costs.
follows
NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside, Missouri, as
Section 1. The City of Riverside shall enter into a utility relocation agreement with KCPL whereby KCPL will
relocate its utility facilities to the locations designated by the City and the City shall reimburse KCPL, for such
relocation costs and expenses, a sum not to exceed "two Hundred Pifty 'l~hree Thousand Ninc Hundred Ninety Eight
and No/100 Dollars ($253,998.00) (the °Agreement').
Section 2. The execution and delivery of the Agreement, in substantially the form attached hereto as Exhibit A, is
approved, and the Mayor is authorized to execute the 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 Agreement being conclusive
evidence of such approval.
Section 3. This Ordinance shall be in full force and effect from and after its passage and approval
Passed this ~~? ~~day of September, 2003.
f ).r. L ~ ~_i:
Mayor
C
ATTE: " ~ )
//
Cit Clerk
Authority: City of Riverside Missouri
Project Route: Gateway Drive Street Improvements
County of Platte
Distribution Facilities
WR. No.122903
LINE C.O. No. 03-65993c
UTILITY RELOCATION AGREEMENT
THIS AGREEMENT is made _September ~~ , 2003_,
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 City of Riverside in the State of Missouri
acting by and through the Board of Aldermen, hereinafter called "City".
WITNESSETH:
WHEREAS, the City proposes to improve a section of Roadwav designated as
Gateway
WHEREAS, in order to construct and improve said Roadway in
accordance with said plans, it will be necessary to adjust certain facilities of the
Company so as to maintain the present services of said Company, such changes being
generally shown in legend on Company's plans, identified as Company's C.O. No.
03-65993C consisting of two (4) sheet(s) each, 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. Company's facilities that will be relocated and rebuilt include distribution lines
which are essential 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 such facilities in their existing locations until such time as new right of
way is acquired or made available and/or governmental permits are secured by the
Company for placement of its relocated facilities and it has relocated existing 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 acquired and governmental permits
are obtained.
2. Company shall develop the adjustment costs of the work 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 all labor, materials, supplies, incidentals and other necessary costs involved in such
work. The City Engineer, or any other authorized agent 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 hereinabove referred to, and such plans shall thereupon be
deemed modified to include such changes.
4. In consideration of the City's present request to relocate the facilities described
herein, the City will reimburse the Company for the costs associated with relocation of
underground facilities located in the public right-of-way in the area legally described as
follows:
Tracts of land 10 feet in width being a part of the Northwest '/4 and Northeast '/4 of
Section 4, Township 50, Range 33 and the Southwest '/4 and Southeast '/< of Section
33, Township 51, Range 33 all in Platte County Missouri, the center lines of said tracts
to be herein conveyed shall be the center line of the final installation of cable, conduit or
other facilities as shown on said attached Kansas City Power and Light Company C. O.
No. 3-65993c.
If, and only if, the City requests future relocation of Company's facilities described
herein, then upon specific written request for such relocation by the City, the City shall
pay all of the Company's costs associated with any and all such future relocation(s).
5. City's obligation for such current relocation is now estimated to be
$253,998.00. Upon completion of the work in accordance with the plans, City will
promptly reimburse Company for the cost of such work upon submission of a statement
for such cost to the City.
6. The cost breakdown for reimbursement due to required adjustments of the
Company facilities is as follows:
RELOCATION OF CIRCUIT
SERVICES
TRANSFORMERS & INSTALLATION
OPERATION & MAINTENANCE
SUBTOTAL
CREDIT FROM OVERHEAD TO UNDERGROUND
TOTAL ESTIMATED LIABILITY
$ 366,490.00
$ -0-
$ 12,827.00
$ 5,681.00
$ 384,998.00
$ (131,000.00)
$ 253,998.00
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
duly executed as of the date written below. This Agreement may be executed in
counterparts, with each part deemed an original
[Signature Pages follow.]
KANSAS CITY POWER 8~ LIGHT COMPANY
~i
By: `' -- - ~ ~ ~ ~ - / Z -- d
Joe' S. Miller uperintendent, Construction
CORPORATE ACKNOWLEDGMENT
STATE OF -Missouri )
ss.
COUNTY OF -Platte
On this 12th day of September, 2003, before me appeared Joe S. Miller, to me
personally known, who being by me duly sworn, did say that he is the Superintendent
of Construction for Kansas City Power & Light Company, a Missouri corporation, and
that said instrument was signed on behalf of said corporation by authority of its Board
of Directors, and said Joe S. Miller acknowledged said instrument to be the free act and
deed of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year last above written.
Notary Public
Printed Name
_-~--
'' NotaryPubi: ,; -~ ~ Seal
My c mission expires: ~~,F ;;; ;.,,,,,,,, ,,;
~~- Pin ~~
~ My Commiss~ , ~, - ~ : , 28, 2005
x ~v ~,i~iv~^m~~'r/
City of Riverside ,MISSOURI
(Signature _
Name: < ~> 7 ~~~h
Title: ~ 2
CORPORATE ACKNOWLEDGMENT
STATE OF ~ ~ ~ ~ )
' ) ss.
COUNTY OF )
On this 1 bth day of September, 2003, before me appeared ~ to
me ;personally known, who being by me sworn, did say t the/she is the
of ~ of the City
of Riversid , Missouri a municipal corporate n, and that said instrument was signed on
behalf of said municipal corporation by authority of its Board of Aldermen, and said
`~ acknowledged said instrument to be the free act and deed of
said mun~cipal corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year last above written.
~' ,~
N ary Public // l
Printed Name: ~~~ ~ ~ %~`~/
LOUISE E. RUSICK
My mmISSIOn expires: NotaryPUblic-NOtarySeai
State of Missouri
~~ Plotte County
My Commission Expires Auc 2 2005
x~^^