HomeMy WebLinkAbout2003-095 - Agreement with Kansas City Power and Light Regarding Relocation of UtilitiesBILL NO. 2003-95
OKllINANCE NO. 2003-95
AN ORDINANCE APPROVING THE FORM OF, AND ALJTHORI7ING THE MAYOR TO
COMPLETE AND EXECUTE, AN AGREEMENT BY AND BETWEEN THE CITY OF
RIVERSIDE, MISSOURI AND KANSAS CITY POWER & LIGHT COMPANY
REGARDING RELOCATION OF UTILITIES FOR ROADWAY IMPROVEMENTS
WIIERF,AS, the City of Riverside, Missouri (the "City") is currently planning the construction of
certain roadway improvements and expansions to NW Platte Road 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.
NOW, 'THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside,
Missouri, as follows:
Section 1. The City of Riverside shall enter into a utility relocation agreement, such agreement to be
substantially in the form attached hereto as Exhibit A, with KCPI, 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 yet determined, and to be determined at a later date, but which in no event
shall exceed Four Hundred Sixty Four Thousand Eight Hundred Seven and No/100 Dollars ($464,807.00)
(the "Agreement°).
Section 2. The execution and delivery of the Agreement, with such additions and modifications deemed
necessary by the Mayor to complete the same, 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.
l
Passed this ~ ~ ~ day of October, 2003.
,u ~,lliLc_'~_ i ~
Mayor
A~ 1 EST: ~
Citv~~lerk
Authority: City of Riverside, Missouri
Project Route: NW Platte Road Street Improvements
County of Platte
Distribution Facilities
WR. No. 127434
LINE C.O. No. 03-66312C
PL 2
UTILITY RELOCATION AGREEMENT
THIS AGREEMENT is made ~ " ~ / ~ / , 2004, 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 Boartl of Aldermen, hereinafter called "City'.
W ITNESSETH:
WHEREAS, the City proposes to improve a section of Roadway 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. 03-66312C
consisting of three (3) 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 Southeast quarter of Section 4,
Township 50, Range 33 and the Southwest quarter of Section 3, Township 50, Range 33
antl the Northwest quarter of Section 10, Township S0, 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. 3-6631X.
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 X235,799.12.
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 ~ 240,206.16
CREDIT
$ (4.407.04)
TOTAL ESTIMATED LIABILITY $ 235,799.12
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.)
CITY OF RIVERSIDE, MISSOURI
By: .~~ ~.z~.c
(Signatur
Name: %. ~ ''
Title:
CORPORATE ACKNOWLEDGEMENT
STATE OF ~~ ,~~c.~c,~)
ss.
COUNTY OF )
~{lO1n this ~z~~'t! -//day of fA.L 2004, before me appeared
~~w' /./ ~ ~/ l/..'.H~L~~ t0 me percpnally knn~nin ~nif~n hoing y me d:.'ly SWOrn,
did say that he/she is the -' > of ~ O ° ~~:Jof the
City of Riverside, Missouri, a municipal corporation, and that said i strument 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 municipal corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year last above written.
,~;
My o mission expires:
D
LOUISE F. RUSICK
Notary Public -Notary Seal
State of Missouri
Platte Counh~
My Commission Expues Aug. 28. 2005
KANSAS CITY POWER & LIGHT COMPANY
By:
Duane Jolliff, Superi t nde onstruction
CORPORATE ACKNOWLEDGEMENT
STATE OF 1 ' `~~O"-"" ~ )
f _ ) ss.
COUNTY OF C ~-~-'` )
On this ~ day of ~~' , 2004, before me appeared
Duane Jolliff 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
Duane Jolliff 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.
tary Public
Printed Name
Notary PubYC - Notary Sael
Stata o! AAia:•ixi
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