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BLUE SPRINGS CITY COUNCIL MEETING June 2, 2014 6:30 p.m.
Multipurpose Room of Municipal Annex 1304 W Main
Blue Springs, Missouri PLEASE NOTE: Anyone wishing to address the Mayor and Council, either in a Public Hearing or in the Visitors Section of the Agenda, must fill out a Speaker’s Appearance Form. Forms are located at the entrance door of the Multipurpose Room. After completion, the form is to be given to the Assistant City Administrator. 1. Call meeting to order
2. Pledge of Allegiance
3. Consent Agenda
• All matters under Item 3, Consent Agenda, are considered to be routine by the City Council and will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately.
a. Approve minutes of May 19 Council meeting b. Adopt Resolution No. 57-2014 adopting the revised Main Center Redevelopment
Corporation (MCRC) Tax Abatement Policy c. Adopt Resolution No. 58-2014 approving contracts with bands, performing groups
and individual contractors for the Parks and Recreation Department’s “Music in the Park” Summer Concert Series
d. Adopt Resolution No. 59-2014 authorizing execution of a General Warranty Deed conveying right-of-way to the Missouri Department of Transportation
e. Adopt Resolution No. 60-2014 approving an agreement with ExteNet Systems, Inc., a telecommunications utility, for the installation of a distributed antenna system to augment wireless capacity and coverange
f. Approve appointment/reappointments to Boards/Commissions 4. Presentation- Chamber Leadership Class
5. Presentation – 2013 Annual Report Police Department
6. Introductions & readings of Bill No. 4318 approving an agreement with Special Counsel
for legal representation
7. Mayoral Announcements Thoughts to Ponder
8. Visitors
9. Executive Session to discuss real estate matters pursuant to Section 610.021(2) of the
Revised Statues of Missouri
10. Adjourn
Miscellaneous Items Park Commission Meeting – Tuesday, June 3, 6:00 p.m., East Conference Room of City Hall, 903 W Main Public Art Commission Meeting – Monday, June 9, 3:30 p.m., East Conference Room of City Hall, 903 W Main Planning Commission Meeting- Wednesday, June 9, 6:30 p.m., Municipal Annex, 1304 W Main Street Public Safety Citizens Advisory Board – Tuesday, June 10, 6:00 p.m., East Conference Room of City Hall, 903 W Main Board of Zoning Adjustment - Wednesday, June 11, 6:30 p.m., Municipal Annex, 1304 W Main Street City Council Meeting - Monday, June 16, 6:30 p.m., Municipal Annex, 1304 W Main Street
City of Blue Springs Memorandum Office of Administration TO: Mayor, City Council, Department Directors, and Press FROM: Eric Johnson City Administrator DATE: May 29, 2014 SUBJECT: Agenda Explanations Item 3b- Adopt Resolution approving revised Main Center Redevelopment Corporation (MCRC) Tax Abatement Policy Resolution will approve the Main Center Redevelopment Corporation’s (MCRC) Tax Abatement Policy. The downtown 353 incentive program is intended to stimulate improvements to Main Center properties by providing an innovative public-private financing mechanism, while promoting the goals of the adopted Downtown Master Plan. Refer to the Council Information Form from Assistant City Administrator Christine Cates for further information. Item 3c-Adopt Resolution approving and authorizing the City Administrator to enter into contracts with bands, performing groups and individual contractors for the Parks and Recreation Department’s “Music in the Park” Summer Contract Series Resolution will approve contracts with bands for the Parks and Recreation Department’s “Music in the Park” Summer Concert Series, not to exceed $500.00 per contract and authorize the City Administrator to sign them. Refer to the Council Information Form from Pam Buck, Recreation Superintendent, for further information. Item 3d- Adopt Resolution authoring execution of a General Warranty Deed conveying right-of-way to the Missouri Department of Transportation Resolution will approve conveying a Warranty Deed to the Missouri Department of Transportation (MoDOT) for the right-of-way along Woods Chapel Road from the south Outer Road to Jefferson Street. Refer to the Council Information Form from Public Works Director Chris Sandie for further information. Item 3e – Adopt Resolution approving an agreement with ExteNet Systems, Inc. a telecommunications utility, for the installation of a distributed antenna system to augment wireless capacity and coverage Resolution will approve an agreement with ExteNet Systems, Inc. This is a telecommunications utility that sets up a distributed antenna system which augments wireless capacity or extends coverage for the wireless network. The carrier that ExteNet is working with in Blue Springs is Verizon. Refer to the Council Information Form from City Attorney Bob McDonald for further information. Item 3f – Approve appointments/reappointments to City Boards/Commissions Mayor Ross is recommending appointments/reappointments as follows: Human Relations Commission –
Appointment - Jane Bowerman Personnel Board – Appointment – Calvin Lewis Reappointment – Jim Mitchell Planning Commission – Reappointments – George Abbott
May 29, 2014 Page 2 Lynn Banks Travis Graham Solid Waste Commission – Reappointment – Robert Fasl Item 4- Presentation – Chamber Leadership Class Lara Vermillion, Blue Springs Chamber of Commerce, will introduce the 2013-2014 Leadership Blue Springs Class. Member of the 2013-14 Leadership Class were: Shannon Bray, Karen Brown, Charlie Gardner, Kim Hipsher, Colby Lalli, Justus Matende, Bob Muenz, Lacy Randall, Jacqueline Reed, Shannon Sundberg, Glen Weichold, Kelli Montgomery, Gail Porter, Ben McCabe, Justin Stuart, Susan West, Rachel Uptergrove, Abbie Swisher, Rhonda Sullivan, Joe Kraemer, Greg Johnson. Committee Chairs: Stacey Edwards, Andrea Toney, and Glen Nash. Item 5 – Presentation – 2013 Annual Police Department Report Chief McCoy will give the 2013 annual report that summarizes department activities through the end of 2013. Item 6- Bill approving an agreement with Special Counsel for legal representation Bill will approve a contract with Bob McDonald to provide as needed legal services and representation to the City and the Blue Springs Land Bank during the transition and break-in period of the incoming City Attorney. Refer to the Council Information Form from City Attorney Bob McDonald for further information.
Unapproved
CITY OF BLUE SPRINGS, MISSOURI MINUTES OF COUNCIL MEETING
MAY 19, 2014
A meeting of the City Council of the City of Blue Springs, Missouri, was held Monday, May 19, 2014, 6:30 p.m. in the Multipurpose Room of the Municipal Annex, 1304 Main Street with Mayor Carson Ross presiding.
COUNCILMEN IN ATTENDANCE
Jeff Quibell Chris Lievsay Ron Fowler
Dale Carter Kent Edmondson Susan Culpepper
Also present were City Administrator Eric Johnson, City Attorney Bob McDonald and Assistant City Clerk Kelli Montgomery
CALL MEETING TO ORDER
Mayor Ross called the City Council meeting to order.
PLEDGE OF ALLEGIANCE
The Mayor held a moment of silence and led the audience in the Pledge of Allegiance.
MAYOR COMMENTS
Mayor Ross gave a brief recap of the meeting agenda and explained the Consent Agenda.
APPROVE CITY COUNCIL MINUTES
Councilman Edmondson moved to approve the minutes of the May 5, 2014 Council meeting. Motion seconded by Councilman Carter and carried with the following votes:
Quibell – Aye Lievsay –Aye Fowler – Aye
Carter - Aye Edmondson – Aye Culpepper – Aye
APPROVE LIQUOR LICENSE FOR SINCLAIR’S RESTAURANT LLC
Councilman Edmondson moved to approve a liquor license for Sinclair’s Restaurant LLC for sale of intoxicating liquor by the drink and in the original package (including Sundays), located at 1402 NW 7 Hwy. Motion seconded by Councilman Carter and carried with the following votes:
Quibell – Aye Lievsay –Aye Fowler – Aye
Carter – Aye Edmondson – Aye Culpepper – Aye
ADOPT RESOLUTION NO. 55-2014 FENCE REPAIR
Councilman Edmondson moved to adopt Resolution No. 55-2014 approving a contract with General Fence LLC for fence repair at 106 NW Arbor Drove. Motion seconded by Councilman Carter and carried with the following votes:
Quibell – Aye Lievsay – Aye Fowler - Aye
Carter – Aye Edmondson – Aye Culpepper - Aye
ADOPT RESOLUTION NO. 56-2014 PARK PLAYGROUND SURFACE
Councilman Edmondson moved to adopt Resolution No. 56-2014 approving a contract with Taylormade Co. in Missouri d/b/a “Taylormade Company Construction” for playground surface at Blue Springs Park Playground. Motion seconded by Councilman Carter and carried with the following votes:
Unapproved
Quibell – Aye Lievsay – Aye Fowler – Aye
Carter – Aye Edmondson – Aye Culpepper - Aye
PUBLIC HEARING VACATING COUNTRY CLUB SOUTH LOT 36 UTILITY EASEMENT (VAC-1-14-4272)
Mayor Ross opened the public hearings vacating a utility easement at Country Club South, Lot 36. The property is located at 416-418 NE Highland Drive. The minutes of the public hearings were recorded by a certified court reporter.
STAFF REPORT
Scott Allen, Director of Community Development, introduced the property and gave the address of vacation. He stated the property will be duplexes and just a KCP&L line and utility easement needs to be relocated. He also stated that his project was delayed due to legal documentation needed, all of which is now in order. This vacation was approved unanimously by the Planning Commission in February.
APPLICANT Matt Slich, with Engineering Solutions spoke on behalf of the applicant. He stated the purpose of the utility easement vacation was to combine two lots to make one property. The Mayor hearing no further comments for or against closed the public hearing at 6:35 p.m.
INTRODUCTIONS & 1ST READING BILL NO. 4314 VACATING A UTILITY EASEMENT (VAC-1-14-4272)
Councilman Fowler introduced Bill No. 4314 vacating a utility easement on Lot 36, Country Club South, a subdivision in Blue Springs, Jackson County, Missouri (VAC-1-14-4272). Mr. Johnson made the first reading of Bill No. 4314, by title; copies of the proposed Bill having previously been made available to the public. Councilman Fowler moved to approve Bill No. 4314 upon its first reading and proceed with the second reading. Motion seconded by Councilman Carter and carried unanimously.
2ND READING- BILL NO. 4314 (VAC-1-14-4272)
Mr. Johnson made the second reading of Bill No. 4314, by title. Councilman Quibell moved to adopt Bill No. 4314 upon its second reading and give it ORDINANCE NO. 4488 with a copy attached hereto and made a part of the minutes. Motion seconded by Councilman Culpepper and carried with the following votes:
Lievsay – Aye Fowler – Aye Carter – Aye
Edmondson – Aye Culpepper – Aye Quibell – Aye
INTRODUCTION & 1ST READING- BILL NO. 4315 FINAL PLAT FOR LOT-36A COUNTRY CLUB SOUTH
Councilman Edmondson introduced Bill No. 4315 Mr. Johnson made the first reading of Bill No. 4315, by title; copies of the proposed Bill having previously been made available to the public. Councilman Fowler moved to approve Bill No. 4315 upon its first reading and proceed with the second reading. Motion seconded by Councilman Carter and carried unanimously.
2ND READING- BILL NO. 4315
Mr. Johnson made the second reading of Bill No. 4315, by title. Councilman Quibell moved to adopt Bill No. 4315 upon its second reading and give it ORDINANCE NO. 4489 with a copy attached hereto and made a part of the minutes. Motion seconded by Councilman Lievsay and carried with the following votes:
Fowler- Aye Carter- Aye Edmondson- Aye
Culpepper- Aye Quibell- Aye Lievsay- Aye
Unapproved
PUBLIC HEARING- CAPITAL IMPROVMENTS PROGRAM
Mayor Ross opened the public hearings on the 2014-2015 through 2019-2020 Blue Springs Capital Improvements Program. The minutes of the public hearings were recorded by a certified court reporter.
STAFF REPORT Jim Holley, Assistant Director of Community Development gave a presentation on the Capital Improvements Project (CIP) for 2014-15 through 2019-20. Eric Johnson, City Administrator, introduced the Exhibits for the Capital Improvements Project public hearing. Mr. Holley showed a PowerPoint presentation that highlighted all the projects. Mr. Holley thanked Councilmen Jeff Quibell, Kent Edmondson and Ron Fowler for participating on the CIP Review Committee. The 2014-15 through 2019-20 projects and budget are consistent with past CIP budgets and directives provided by the City Council. The projects this year were once again listed in two categories, funded and unfunded, with the majority of projects providing maintenance/rehabilitation or equipment replacement. Fifteen projects are proposed to be funded, with 79 to remain unfunded. The total budget for the six year period is approximately $178.7 million, including both funded and unfunded projects. Mr. Holley did mention two previously unfunded projects that had been brought forward, Tri-County Water Upgrade and 12,000 lb Hydraulic Excavator. Mr. Holley then opened for any questions or comments from the Council. Councilman Fowler stated that he knew this took a lot of work and that staff was certainly appreciated. The Mayor hearing no further comments for or against closed the public hearing at 6:44 p.m.
INTRODCUTION & 1ST READING- BILL NO. 4316 2014-15 THROUGH 2019-20 CAPITAL IMPROVEMENTS PROGRAM
Councilman Edmondson introduced Bill No. 4316 adopting the City of Blue Springs Capital Improvements Program for fiscal year 2014-2015 through 2019-2020. Mr. Johnson made the first reading of Bill No. 4316, by title; copies of the proposed Bill having previously been made available to the public. Councilman Fowler moved to approve Bill No. 4316 upon its first reading and proceed with the second reading. Motion seconded by Councilman Carter and carried unanimously.
2ND READING- BILL NO. 4316
Mr. Johnson made the second reading of Bill No. 4316, by title. Councilman Quibell moved to adopt Bill No. 4316 upon its second reading and give it ORDINANCE NO. 4490 with a copy attached hereto and made a part of the minutes. Motion seconded by Councilman Edmonson and carried with the following votes:
Carter- Aye Edmondson- Aye Culpepper- Aye
Quibell- Aye Lievsay- Aye Fowler- Aye
DISCUSSION- CDBG ANNUAL ACTION PLAN
Scott Allen, Director of Community Development, began the second discussion of the CDBG Annual Action Plan. He stated this discussion would go a little more into detail to gain input and feedback, as the final plan is due to HUD by August. He presented a PowerPoint presentation showing the items listed from lowest to highest, giving the top ten items for consideration. He also went into more detail about each project. Mr. Allen stated this year the City would be allocated $220,000 in funds and some would be carried over from last year as well. He stated they would be back to have one more discussion on June 16 and then on August 4 a public hearing and vote on the adoption of the plan would be held. Several Councilmen voiced their opinions
Unapproved
on portions of the plan and thanked Mr. Allen and his staff for being there to answer their questions.
INTRODUCTION & 1ST READING- BILL NO. 4317 BUDGET AMENDMENT
Councilman Edmondson introduced Bill No. 4317 amending the 2013-2014 Annual Budget of the City of Blue Springs, Missouri. Mr. Johnson made the first reading of Bill No. 4317, by title; copies of the proposed Bill having previously been made available to the public. Councilman Fowler moved to approve Bill No. 4317 upon its first reading and proceed with the second reading. Motion seconded by Councilman Carter and carried unanimously.
2ND READING- BILL NO. 4317
Mr. Johnson made the second reading of Bill No. 4317, by title. Councilman Quibell moved to adopt Bill No. 4317 upon its second reading and give it ORDINANCE NO. 4491 with a copy attached hereto and made a part of the minutes. Motion seconded by Councilman Edmondson and carried with the following votes:
Edmondson- Aye Culpepper- Aye Quibell- Aye
Lievsay- Aye Fowler- Aye Carter- Aye
MAYORAL ANNOUNCEMENTS
Mayor Ross had two announcements: 1. He informed Council that at the next meeting the
Public Safety Presentation would be made to the Council and informed them that the packets for the presentation were at their seats already so they can look at them before the meeting.
2. Thursday, May 15 was the Annual Dancing with the Chamber Stars, which Mayor Ross helped judge. He was pleased to announce that Councilman Chris Lievsay and City Communications Director Kim Nakahodo took home the People’s Choice Award for their Hip Hop routine. Councilman Lievsay brought the trophy for everyone to admire.
Mayor Ross wanted to remind everyone that the upcoming weekend was Memorial Day Weekend. He stated that everyone needed to remember that it wasn’t just a weekend for pool openings and barbeques, that it was a national holiday to honor those that have given the ultimate sacrifice. He also stated that earlier that afternoon he had the pleasure of hearing Marcus Littrell, the Lone Survivor, speak about his experience, which also emphasized what Memorial Day means. He finished with reminding everyone that Monday was the National Day of Remembrance and asked that everyone pause to honor the dead. Thoughts to Ponder: “That from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion- that we here highly resolve that these dead shall not have died in vain.” President Abraham Lincoln- Gettysburg Address, November 19, 1863
MOTION TO GO INTO CLOSED EXECUTIVE SESSION
At 7:05 p.m. Councilman Edmondson moved the Council go into an executive session to discuss real estate matters pursuant to Section 610.021(2) of the Revised Statues of Missouri and the records remain closed. Motion seconded by Councilman Carter and carried with the following votes:
Culpepper- Aye Quibell- Aye Lievsay- Aye
Fowler- Aye Carter- Aye Edmondson- Aye
Unapproved
MOTION TO RETURN TO REGULAR SESSION
At 8:00 PM Councilman Edmondson Quibell moved that the Council return to regular session and the motion was seconded by Councilman Carter. Motion carried with the following roll call votes:
Quibell- Aye Lievsay- Aye Fowler- Aye
Carter- Aye Edmondson- Aye Culpepper- Aye
ADJOURNMENT At 8:01 p.m. there was no further business to come before the Council; Councilman Carter moved the meeting be adjourned. Motion seconded by Councilman Edmondson and carried with the following votes:
Lievsay- Aye Fowler- Aye Carter- Aye
Edmondson- Aye Culpepper- Aye Quibell- Aye
_____________________________________
ATTEST: Carson Ross, Mayor ______________________________ Kelli Montgomery, Assistant City Clerk M05192014
Council Meeting Date: 6/2/2014 Agenda Item # 3b
Page 1 of 3
Rev 05/01/2014
CITY OF BLUE SPRINGS
CITY COUNCIL INFORMATION FORM DATE: May 19, 2014 SUBMITTED BY: Christine Cates DEPARTMENT: Administration
Ordinance Resolution Presentation Public Hearing Agreement Discussion Rezoning Other
ISSUE/REQUEST
Approval of the Main Center Redevelopment Corporation’s (MCRC) Tax Abatement Policy. The downtown 353 incentive program is intended to stimulate improvements to Main Center properties by providing an innovative public-private financing mechanism, while promoting the goals of the adopted Downtown Master Plan.
BACKGROUND/EXPLANATION At the May 6, 2013, City Council meeting, the City Council adopted Resolution 40-2013 adopting a revised Main Center Redevelopment Corporation (MCRC) Tax Abatement Policy. After the adoption of this policy, two abatement applications were reviewed and approved that raised a couple of issues that the newly adopted policy did not specifically address.
1. The use of more than one incentive program for MCRC properties.
The adopted MCRC policy did not address the process that must be followed if a property owner was interested in participating in more than one incentive program for his/her property. The following language has been added to the end of Section V. Application Process to provide direction on this issue: If the applicant intends to participate in any other City incentive programs for their property, the applications must be submitted for consideration at the same time.
2. The maximum number of years each property within the MCRC district can receive tax
abatement.
The adopted MCRC policy discusses the length of abatements available under the program, but does not reference the statutory limit for 353 Redevelopment Corporations which is limited to 25 years and is based upon the property and not the owner of the property. The following language has been added to the end of Section IV, Eligible Property to provide direction on this issue:
Each property within the MCRC Redevelopment Area is eligible for property tax abatements under this policy for a maximum of 25 years in total, regardless of the number of approved abatement applications.
Council Meeting Date: 6/2/2014 Agenda Item # 3b
Page 2 of 3
Rev 05/01/2014
The MCRC Board met on Friday, May 9, 2014, to discuss and review the proposed policy. The revised policy was approved unanimously.
After the adoption of this revised policy, the City will work with the MCRC Board and Downtown Alive! to ensure the MCRC property owners are aware of and understand the policy. This MCRC Tax Abatement Policy will be reviewed again in 2018.
JUSTIFICATION After the approval of the tax abatement applications for Pizza Shoppe and America’s Community Bank, the City Council requested that the MCRC Tax Abatement Policy be revised to specifically address the use of multiple incentives and the length of abatements.
FINANCIAL IMPACT
Contractor: N/A Amount of Request/Contract: N/A Amount Budgeted: N/A Funding Source/Account #: N/A Additional Funds Needed: N/A Funding Source/Account #: N/A
PROJECT TIMELINE Estimated Start Date Estimated End Date
May 6, 2013 May 6, 2018
STAFF RECOMMENDATION
Staff recommends approval.
OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: Main Center Redevelopment Corporation Board Date: Friday, May 9, 2014 Action: Unanimous support for the policy as revised
LIST OF REFERENCE DOCUMENTS ATTACHED
1. Resolution with Exhibit A - Revised MCRC Tax Abatement Policy attached
IF CONTRACT REQUIRED:
1. E-Verify Affidavits Required? N/A 2. Contract/Affidavits Executed? N/A
Council Meeting Date: 6/2/2014 Agenda Item # 3b
Page 3 of 3
Rev 05/01/2014
REVIEWED BY Requesting Director: Christine Cates
Budget: Christine Cates
Legal:
City Administrator:
RevisedMCRC 6/2/2014
Introduced by Councilman Resolution No. 57-2014
A RESOLUTION ADOPTING THE REVISED MCRC TAX ABATEMENT POLICY
WHEREAS, the City of Blue Springs formed the Main Center Redevelopment Corporation (“MCRC”) in May 2001, to serve as a tool to bring about the revitalization of the downtown area of Blue Springs; and
WHEREAS, the purpose of MCRC is to provide a streamlined, cost-effective means for individual property owners to obtain a tax abatement incentive on their downtown properties in return for making agreed upon improvements; and
WHEREAS, the City Council last revised its policy by which the City may consider the
appropriateness of such tax abatement requests by Resolution 40-2013 on May 6, 2013; and
WHEREAS, the City Council desires to adopt a revised policy regarding the application for and consideration of MCRC tax abatement requests made to the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BLUE SPRINGS, MISSOURI, as follows:
1. That the MCRC Tax Abatement Policy, which is attached hereto as Exhibit A and incorporated herein by reference, is hereby adopted.
2. That this Resolution shall be in full force and effect from and after its approval and
adoption by the City Council. PASSED by the City Council of the City of Blue Springs, Missouri, and approved by the
Mayor of Blue Springs, this 2nd day of June, 2014. CITY OF BLUE SPRINGS
_________________________ Carson Ross, Mayor
ATTEST: ________________________________ Kathy Richardson, City Clerk
EXHIBIT A
City of Blue Springs, Missouri
Main Center Redevelopment Corporation Tax Abatement Policy
I. Program Statement
The intent of the Main Center Redevelopment Corporation is to strengthen the economic viability of the Main Center area by providing financial incentives for improving the appearance and structural conditions of its buildings.
Main Center has been at the heart of Blue Springs development since early 1880’s. Twelve of the 126 buildings in the redevelopment area were constructed prior to 1900, while buildings in the entire area average over 50 years old. The maturity of the area brings with it both charm as well as challenge in that many of the buildings do not conform to current standards. The Main Center Redevelopment Corporation was incorporated to allow the City of Blue Springs to assist business and property owners in meeting these challenges.
The ultimate success of the Main Center is dependent on private sector commitment. It is up to the merchants, building owners, residents, professionals and investors to improve the value of their businesses and the condition of their buildings.
This incentive program is intended to stimulate improvements to Main Center buildings by providing an innovative financing mechanism. It presents an opportunity to preserve our community’s heritage, and to enhance and promote the unique atmosphere which Main Center can provide. Successful implementation will result in a stronger Main Center and a stronger Blue Springs community.
II. Downtown Master Plan
A number of downtown buildings have been altered in a manner that does not improve the appearance or the image of Main Center. In some cases, alteration is not consistent with the overall design of the structure itself. Such building treatments are in direct conflict with the need for a comprehensive, coordinated approach to improvements.
In April 2007, the City adopted the Downtown Master Plan. It is important that structures, both in their design and use, conform to the Downtown Master Plan. Accordingly, no tax abatement shall be granted unless, at a minimum, the proposed Redevelopment Project conforms to the Downtown Master Plan as determined by the Downtown Review Board.
III. Description of Program
Pursuant to Chapter 353, RSMo, the Main Center Redevelopment Corporation has the ability to abate real property taxes for redevelopment projects. The amount and length of the tax abatement depends on which “Level” applies to the project: A, B or C. The incentive amount varies with each Level depending upon the investment amount.
2
Level A
The purpose of Level A is to attract sizable (market shifting) investments. There are two classes within Level A:
Investment Threshold: Minimum $750,000 Incentive Amount 10 years 100% abatement + 15 years at 75%
abatement
Investment Threshold Minimum $1,000,000 – Requires “But for”
economic analysis, paid for by the applicant Incentive Amount 10 years 100% abatement + 15 years at
100% abatement
Level B
The purpose of Level B is to attract mid-market investments (market stimulating):
Investment Threshold $100,000 - $749,000 Investment Amount 10 years 100% abatement + 15 years at 50%
abatement
Level C
The purpose of Level C is to attract market stabilizing investments (market stabilization):
Investment Threshold $5,000 - $99,000 Incentive Amount: Equal to cost of improvements or 100%
abatement for 10 years, whichever occurs first
Determination of qualified investment threshold. If the project involves new construction, or rehabilitation of an existing structure, interior and exterior costs may count towards the investment range. The total project budget for the investment should look to allocate 50% to exterior costs and 50% to interior costs, subject to the MCRC Board of Directors review. Interior costs shall not include furniture, appliances, inventory, trade or display fixtures. The MCRC Board of Directors shall review the project budget and make a recommendation to the City Council for approval.
Project density. A project shall generally relate to an individual land parcel, but treating multiple properties as if assembled may be appropriate depending upon the circumstances. This policy shall not generally apply to individual single family residential structures, unless it is appropriate to treat a project involving multiple structures as a whole. Commercial projects may have one or more units per structure. Impact on School District. Because new residential projects which qualify for Levels A or B have the potential to significantly generate students into the school district, affected
3
parties shall confer with the school district to identify mitigating factors, such as entering into a PILOT Agreement, as may be appropriate given such a project's financial viability. For example, one new residential single family dwelling would not generally be expected to qualify at Levels A or B, and requiring a PILOT on this lower investment amount may render this Policy's abatement inconsequential as a means to incenting development which conforms to the Downtown Master Plan. However, a multiple family residential structure (e.g., attached housing, four-plex, etc.) or subdivision may well qualify at Levels A or B and, given this higher investment amount, a PILOT Agreement would be appropriate.
“PILOT” refers to payments in lieu of taxes to be made to all taxing authorities whose property tax revenues are affected by the abatement on the same pro rata basis and in the same manner as the ad valorem property tax revenues received by each taxing authority from such property in the year such payments are due.
But-for economic analysis means that, with respect to a particular Redevelopment Project, the applicant would not reasonably be anticipated to undertake the Redevelopment Project without the tax abatement incentive, which may be evidenced by an applicant’s affidavit attesting to this fact. The cost of the but-for economic analysis will be paid for by the applicant.
IV. Eligible Property
Redevelopment projects may be located on any parcel within the MCRC Redevelopment Area. See attached Exhibit B for the redevelopment area boundaries.
Each property within the MCRC Redevelopment Area is eligible for property tax abatements under this policy for a maximum of 25 years in total, regardless of the number of approved abatement applications.
V. Application process:
Applications for the program will be accepted by the City Staff on behalf of Main Center Redevelopment Corporation. A $250.00 filing fee to MCRC is required with the application for investment Level “C” or a filing fee of $750.00 for investment Level “A” and “B”.
The Application will first be reviewed by the Downtown Review Board for a determination of whether the proposed Redevelopment Project conforms to the Downtown Master Plan. If the Downtown Review Board determines that the proposed Redevelopment Project conforms to the Downtown Master Plan, then the application will be considered by the MCRC Board of Directors for recommendation to the City Council, including a recommendation as to the appropriate incentive Level. The City Council shall then consider the MCRC recommendation. If the City Council favorably considers the application, it will adopt an ordinance approving the redevelopment project and authorizing the tax abatement. The property owner and MCRC will then enter into a Memorandum of Understanding setting forth program responsibilities and expectations and execute special warrant deeds conveying the property – albeit briefly – to MCRC and then back to the property owner, which then serves as the statutory trigger for the tax abatement.
4
The tax incentive is available for only those projects that have been approved by the City Council before the project is started. If the applicant intends to participate in any other City incentive programs for their property, the applications must be submitted for consideration at the same time.
VI. Expiration
This Tax Abatement Policy expires five (5) years from the date of City Council approval. No applications will be accepted after this five year period, but applications submitted before the end of the five year period will be processed in accordance with this Policy.
VII. Performance Audit
To assist in measuring the effectiveness of this Policy, City Staff shall collect the following benchmark data: baseline annual assessed valuation of the Redevelopment Area; number of building permits issued with and without abatements within the Redevelopment Area identifying the number of projects (and units) completed per parcel; capital investment amount; amount of square feet built or rehabilitated. This data shall be documented annually.
City Staff shall present to the MCRC Board of Directors and the City Council a Performance Audit that quantifies and analyzes the program results. City Staff shall also make a recommendation whether the program should be continued or modified. All affected taxing jurisdictions shall be provided with a copy of the Performance Audit and notified of the date that it will be presented to the City Council.
Council Meeting Date: 6/2/2014 Agenda Item # 3c
Page 1 of 2
Rev 04/03/2014
CITY OF BLUE SPRINGS
CITY COUNCIL INFORMATION FORM DATE: May 9, 2014 SUBMITTED BY: Pam Buck DEPARTMENT: Parks & Recreation
Ordinance Resolution Presentation Public Hearing Agreement Discussion Rezoning Other
ISSUE/REQUEST
Passage of a Resolution approving and authorizing the City Administrator to enter into contracts with bands for the Parks and Recreation Department’s Music in the Park Summer Concert Series not to exceed $500.00 per contract.
BACKGROUND/EXPLANATION
Every year the City enters into 14 contracts on average per year with independent performing bands for the Parks & Recreation Department’s Music in the Park Summer Concert Series on Sunday nights from approximately June 1 through August 31. This Resolution would authorize the City Administrator to enter into these contracts using a generic Contractor Agreement (Performances) form prepared by the Parks and Recreation, Finance, and Law Departments (in the form attached to the proposed Resolution as “Exhibit A”) without bringing each one to the City Council or City Attorney so long as they do not exceed $500.00 per contract.
JUSTIFICATION
This Resolution will allow a more efficient process for entering into the contracts for the Concert in the Park bands, without each one being placed on the Council Agenda. The result will save staff time processing each contract for the Council agenda and save the time of the elected officials in wading through each agreement, resolution and Council Information Form.
FINANCIAL IMPACT Contractor: Various Amount of Request/Contract: $500.00 per concert Amount Budgeted: $11,000 Funding Source/Account #: 100.40010.530900.430 Additional Funds Needed: Funding Source/Account #: Tax Impact/Analysis: Abatement/Incentives: Escrow:
PROJECT TIMELINE
Estimated Start Date Estimated End Date June 1 annually August 31 annually
Council Meeting Date: 6/2/2014 Agenda Item # 3c
Page 2 of 2
Rev 04/03/2014
STAFF RECOMMENDATION Staff recommends approval
OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: N/A Date: Action:
LIST OF REFERENCE DOCUMENTS ATTACHED
1. Resolution with form Contractor Agreement (Performances) attached as “Exhibit A.”
IF CONTRACT REQUIRED:
1. E-Verify Affidavits Required? No 2. Contract/Affidavits Executed? No
REVIEWED BY Requesting Director:
Budget:
Legal:
City Administrator:
ConcertinthePark 6/2/2014
Introduced by Councilman RESOLUTION NO. 58-2014 A RESOLUTION APPROVING AND AUTHORIZING THE CITY ADMINISTRATOR TO ENTER
INTO CONTRACTS WITH BANDS, PERFORMING GROUPS, AND INDIVIDUAL CONTRACTORS FOR THE PARKS AND RECREATION DEPARTMENT’S “MUSIC IN THE
PARK” SUMMER CONCERT SERIES NOT TO EXCEED $500 EACH
WHEREAS, each year the City enters into approximately 14 contracts on average with bands for the Parks and Recreation Department’s “Music in the Park” Summer Concert Series; and
WHEREAS, these contracts involve bands, performing individuals and groups; and WHEREAS, City staff has developed a generic form Contractor Agreement (Performances)
to be used for agreements involving these activities; and WHEREAS, the City desires that these activities move forward without the individual review
and approval of each contract by the City Council. NOW, WHEREFORE, be it resolved and approved by the City Council of the City of Blue
Springs, Missouri, as follows:
Section 1: That the City Administrator of the City of Blue Springs, Missouri, is hereby authorized and directed to enter into Contractor Agreement (Performances) with bands, performing groups and individuals for the Parks and Recreation Department’s “Music in the Park” Summer Concert Series programs that are in the form Contract attached hereto as Exhibit “A” so long as the payment to be made by the City under each Contract shall not exceed $500.00.
Section 2: That this resolution shall be in full force and in effect from and after its passage and approval.
PASSED by the City Council of the City of Blue Springs, Missouri, and approved by the Mayor of Blue Springs, this 2nd day of June, 2014.
________________________________ Carson Ross, Mayor
ATTEST: ______________________________ Kathy Richardson, City Clerk
“Exhibit A”
Page 1
CITY
CONTRACTOR
CITY OF BLUE SPRINGS 903 MAIN ST BLUE SPRINGS, MO 64015
Name Address
Attention
Attention
Department: Blue Springs Parks & Recreation
Phone
Fax:
Phone: 816-228-0238
Fax: 816-228-4340
Tax ID Number or Social Security Number:
CONTRACTOR AGREEMENT (PERFORMANCES)
THIS AGREEMENT made and entered into this ____ day of ______________, 2014, by the parties identified
above.
WITNESSETH: WHEREAS, the City of Blue Springs desires to engage the Contractor to perform certain services, in connection
with a performance or project more particularly described in Exhibit A; and
WHEREAS, the Contractor made certain representations and statements to the City with respect to the provision of such services and the City has accepted said proposal;
NOW, THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Contractor as follows:
1. Services. The City agrees to engage the services of the Contractor and the Contractor agrees to perform the services hereinafter set forth in connection with projects described in Exhibit A.
2. Exchange of Information/Instruction. All information and instruction relative to the performance shall be provided and scheduled at such times as may be designated by the City’s Parks & Recreation Department.
3. Personnel. The Contractor represents that Contractor will secure at Contractor’s own expense, all personnel required to perform the services called for under this Contract by Contractor. Such personnel shall not be employees of or have any contractual relationship with the City except as employees of the Contractor. All of the services required hereunder will be performed by the Contractor or under Contractor’s direct supervision and all personnel engaged in the work shall be fully qualified and shall be authorized under state and local law to perform such services. None of the work or services covered by this contract shall be subcontracted without the written approval of the City.
4. Term. All of the services required hereunder shall be completed as set forth in the schedule for the project which is attached hereto as Exhibit A.
5. Costs not to Exceed. The City of Blue Springs has established a fixed sum amount described in Section 6.b below and the Maximum Payment section of Exhibit A for this contract which cannot be exceeded unless this contract is amended. The Contractor shall notify the City if Contractor anticipates that the contract amount may be exceeded, in order to determine whether or not the City is prepared to increase the total compensation.
“Exhibit A”
Page 2
6. Payment.
a. Conditioned upon acceptable performance. Provided Contractor performs the services in the manner set forth in paragraph 1 hereof, the City agrees to pay the Contractor in accordance with the terms set forth in Exhibit A, within 45 days of the performance, which shall constitute complete compensation for all services to be rendered under this contract.
b. Total compensation not to exceed. It is expressly understood that in no event will the total compensation and reimbursement to be paid to the Contractor under the terms of this contract exceed the sum of Five Hundred and No/100 Dollars ($500.00) unless agreed to by City and Contractor in writing.
7. Termination of Contract.
a. Termination for breach. Failure of the Contractor to fulfill Contractor 's obligations under this Contract in a timely and satisfactory manner in accordance with the schedule and description of services set forth in Exhibit A shall constitute a breach of the Contract, and the City shall thereupon have the right to immediately terminate the Contract. The City shall give written notice of termination to the Contractor by one of three different means: Facsimile Transmission ("FAX") if Contractor has a FAX number; U.S. Postal Service Mails; or by hand delivering a copy of the same to the Contractor; or may give notice by any combination of the above methods. The date of termination shall be the date upon which notice of termination is hand delivered to Contractor or given by FAX, or the third day following mailing of the notice of termination, whichever first occurs. Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such project; provided, that the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any such breach of the Contract by the Contractor. City may cancel this Contract by notifying Contractor of such cancellation, in case of inclement weather.
b. Termination for Convenience. The City shall have the right at anytime by written notice to Contractor to terminate and cancel this Contract, without cause, for the convenience of the City. In such event City shall not be liable to Contractor except for payment for actual work performed prior to such notice in an amount proportionate to the completed Contract. Anticipatory profits and consequential damages shall not be recoverable by Contractor.
8. Conflicts. No salaried officer or employee of the City and no member of the City Council shall have a financial interest, direct or indirect, in this Contract. A violation of this provision renders the Contract void. Any federal regulations, and applicable provisions in Section 105.450 et seq. RSMo. shall not be violated. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services to be performed under this Contract. The Contractor further covenants that in the performance of this Contract no person having such interest shall be employed.
9. Assignment. The Contractor shall not assign this Contract, or any interest in this Contract, and shall not transfer any interest in the same (whether by assignment or novation), without the prior consent of the City.
10. Discrimination. The Contractor agrees in the performance of this Contract not to discriminate on the ground or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any employee of Contractor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder.
11. Occupational License: The Contractor shall obtain and maintain an occupational license with the City of Blue Springs, Missouri, if required by City Code and shall obtain and maintain any required state or federal license. The cost for this occupational license shall be borne by the Contractor. Contractor shall not purchase materials or begin work on this Contract until this occupational license has been obtained.
“Exhibit A”
Page 3
a. Compliance with Laws. Contractor agrees to comply with all applicable federal, state and local laws or rules and regulations applicable to the provision of services and products hereunder. Contractor affirmatively states that payment of all local, state, and federal taxes and assessments owed by Contractor is current.
b. General Independent Contractor Clause. This Contract does not create an employee/employer relationship between the parties. It is the parties' intention that the Contractor will be an independent contractor and not the City's employee for all purposes, including, but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, Missouri Prevailing Wage requirements, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, Missouri revenue and taxation laws, Missouri workers' compensation and unemployment insurance laws. The Contractor will retain sole and absolute discretion in the judgment of the manner and means of carrying out the Contractor's activities and responsibilities hereunder. The Contractor agrees that it is a separate and independent enterprise from the public employer, that it has a full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Contract shall not be construed as creating any joint employment relationship between the Contractor and the City, and the City will not be liable for any obligation incurred by the Contractor, including but not limited to unpaid minimum wages and/or overtime premiums.
12. Liability and Indemnity. The parties mutually agree to the following: The Contractor shall defend, indemnify, and hold the City harmless from and against all claims, including but not limited to losses, and liabilities arising out of personal injuries, including death, and damage to property and the performance of copyrighted material, which are caused by the Contractor arising out of or in any way connected with performance of this Contract.
13. Employees. The Contractor shall indemnify and hold the City harmless from all wages or overtime compensation due its employees in rendering services pursuant to this Contract, including payment of reasonable attorneys' fees and costs in the defense of any claim made under the Fair Labor Standards Act or any other federal or state law.
14. Notices. All notices, other than Termination for Breach covered in ¶ 7.a, required or permitted hereunder and required to be in writing may be given by FAX or by first class mail addressed to City and Contractor at the addresses shown above. The date of delivery of any notice given by mail shall be the date falling on the third day after the day of its mailing. The date of delivery of notice by FAX transmission shall be deemed to be the date transmission occurs, except where the transmission is not completed by 5:00 p.m. on a regular business day at the terminal of the receiving party, in which case the date of delivery shall be deemed to fall on the next regular business day for the receiving party.
15. Jurisdiction. This Contract and every question arising hereunder shall be construed or determined according to the laws of the State of Missouri. Should any part of this Contract be litigated, venue shall be proper only in the Circuit Court of Jackson County, Missouri at Independence.
16. Entire Agreement. This Contract contains the entire agreement of the parties. No modification, amendment, or waiver of any of the provisions of this Contract shall be effective unless in writing specifically referring hereto, and signed by both parties.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year herein stated.
“Exhibit A”
Page 4
CONTRACTOR: By: Name: Title: Social Security #:
CITY OF BLUE SPRINGS, MISSOURI By: ______________________________________ Eric Johnson, City Administrator
“Exhibit A”
Page 5
Exhibit A to Contract
Scope of Work
Name of Contractor
Scope of Work (Job Description)
Contractor shall provide the services of the band to perform at the “Concert in the Park” series at Rotary Park at Railroad Lake, South 7 Highway & Vesper according to the following schedule: 6:00pm – 8:00pm (Limit 1 - 15 minute break). Payment will not be made if the Contractor does not ‘set-up’ due to inclement weather cancellation.
Start Date
Interim Deadlines
(if applicable)
Date Phase of Project To Be Completed
Final Completion Deadline
Reimbursable Expenses
None Travel, Lodging, Meals, Phone Calls, Copying, Postage
Maximum Payment
$ 500.00
Payment to be made for Services Rendered
$0 Maximum Amount Of Expenses To Be Reimbursed
$ 500.00 Total Maximum Amount To Be Paid To Contractor
Method of Payment
Lump Sum Of Entire Amount Upon Satisfactory Completion of Project. If the Contractor resides outside the State of Missouri, the payment will be subject to a 2% withholding which the City will deduct from their payment and submit to the State of Missouri
Incremental Payments As Follows:
City Official To
Approve Payment(s)
Department Head’s Signature
Date:
Council Meeting Date: June 2, 2014 Agenda Item # 3d
Page 1 of 2
Rev 04/03/2014
CITY OF BLUE SPRINGS
CITY COUNCIL INFORMATION FORM DATE: May 1, 2014 SUBMITTED BY: Chris Sandie DEPARTMENT: Public Works – Engineering Div.
Ordinance Resolution Presentation Public Hearing Agreement Discussion Rezoning Other
ISSUE/REQUEST
The Engineering Department is requesting to convey a Warranty Deed to the Missouri Department of Transportation (MoDOT) for the right-of-way along Woods Chapel Road from the South Outer Road to Jefferson Street.
BACKGROUND/EXPLANATION
The Woods Chapel Road, Phase I project was completed in the fall of 2013. The signal lights and roadway are the property of MoDOT. Due to the South Outer Road relocation and roadway expansion at the interchange, additional right-of-way needs to be conveyed to MoDOT for maintenance purposes.
JUSTIFICATION The City needs to deed the right-of-way over to MoDOT since the Woods Chapel Road, Phase 1 project has been completed. The project increased their facilities at the I-70 interchange outside of their existing boundaries. This action is needed to formally convey ownership of the South Outer Road traffic signal and roadway improvements to MoDOT for maintenance and operations. The South Outer Road was relocated farther south, and the westbound off ramp was constructed farther to the north thus, increasing MoDOT’s jurisdiction for roadway improvements at Interstate 70. Widening of the roadway was needed to accommodate additional traffic lanes and the Diverging Diamond Interchange configuration.
FINANCIAL IMPACT
Contractor: N/A Amount of Request/Contract: N/A Amount Budgeted: N/A Funding Source/Account #: N/A Additional Funds Needed: N/A Funding Source/Account #: N/A Tax Impact/Analysis: N/A Abatement/Incentives: N/A Escrow: N/A
Council Meeting Date: June 2, 2014 Agenda Item # 3d
Page 2 of 2
Rev 04/03/2014
PROJECT TIMELINE Estimated Start Date Estimated End Date
N/A N/A STAFF RECOMMENDATION
Staff recommends approval.
OTHER BOARDS & COMMISSIONS ASSIGNED
Name of Board or Commission: N/A Date: Action:
LIST OF REFERENCE DOCUMENTS ATTACHED
1. Resolution with Warranty Deed and Survey attached as Exhibits “A” and “B” respectively.
IF CONTRACT REQUIRED: 1. E-Verify Affidavits Required? N/A 2. Contract/Affidavits Executed? N/A
REVIEWED BY Requesting Director: Christopher G. Sandie
Budget::
Legal:
City Administrator:
ROWConveyance 6/2/2014
Introduced by Councilman Resolution No. 59-2014
A RESOLUTION AUTHORIZING EXECUTION OF A GENERAL WARRANTY DEED CONVEYING RIGHT-OF-WAY TO THE MISSOURI DEPARTMENT OF TRANSPORTATION
WHEREAS, the City of Blue Springs completed the Woods Chapel Road, Phase I project
in the fall of 2013; and
WHEREAS, the signal lights and roadway are the property of the Missouri Department of Transportation (“MoDOT”); and
WHEREAS, due to the South Outer Road relocation and roadway expansion at the
interchange, additional right-of-way needs to be conveyed to MoDOT for maintenance purposes; and
WHEREAS, MoDOT will require a permanent right-of-way for maintenance of their signal lights and roadway along Woods Chapel Road from the South Outer Road to Jefferson Street.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BLUE SPRINGS, MISSOURI, as follows:
1. The City Administrator has the authority and is hereby authorized to execute a General Warranty Deed to convey a permanent right-of-way to the Missouri Department of Transportation for maintenance of their signal lights and roadway along Woods Chapel Road from the South Outer Road to Jefferson Street. A copy of the proposed General Warranty Deed and Survey are attached hereto as Exhibits “A” and “B,” respectively, and are incorporated herein.
2. City Staff is directed to perform all tasks necessary to implement said General
Warranty Deed. PASSED by the City Council of the City of Blue Springs, Missouri, and approved by the
Mayor of Blue Springs, this 2nd day of June, 2014. CITY OF BLUE SPRINGS
_________________________ Carson Ross, Mayor
ATTEST: ________________________________ Kathy Richardson, City Clerk
“Exhibit A”
1
CCO FORM: RW03 Approved: 12/92 (TLP) Revised: 03/14 (AR)
GENERAL WARRANTY DEED
(1) PARTIES: THIS AGREEMENT, made this ___ day of May, 2014, by and between the City of Blue Springs, Grantor, of the County of Jackson, and State of Missouri, and the STATE OF MISSOURI, acting by and through the MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION, Grantee. GRANTEE’S ADDRESS: P.O. Box 270, Jefferson City, Missouri 65102 (2) CONSIDERATION: Grantor, in consideration of the sum of ONE DOLLAR and NO/100 DOLLARS, to be paid by the Missouri Highways and Transportation Commission, the receipt of which is hereby acknowledged, does hereby grant, bargain and sell, convey and confirm fee simple title in the property described in this deed. (3) PROPERTY DESCRIPTION: Grantor conveys to the Missouri Highways and Transportation Commission the following described real estate and interests in real estate in the County of Jackson, State of Missouri: Legal Description: Two Tracts of land for Permanent Controlled Access Right of Way hereinafter described as Tract 1 and Tract 2: Tract 1: A TRACT OF LAND FOR PERMANENT CONTROLLED ACCESS RIGHT-OF-WAY PURPOSES LOCATED IN THE NORTHWEST QUARTER AND THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 49 NORTH, RANGE 31 WEST, IN BLUE SPRINGS, JACKSON COUNTY, MISSOURI, BEARINGS ARE REFERENCED TO GRID
“Exhibit A”
2
NORTH OF THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF SECTION 26, T49N, R31W, BEING A FOUND #4 IRON BAR, ACCORDING TO CERTIFIED LAND CORNER DOCUMENT NUMBER 600-68759; THENCE N88°15’03"W ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 171.80 FEET; THENCE S01°44’57"W ALONG A LINE THAT IS PERPENDICULAR TO SAID NORTH LINE, A DISTANCE OF 8.73 FEET TO A POINT THAT IS 100.45 FEET LEFT OF BASELINE WOODS CHAPEL ROAD STATION 23+96.29 AND BEING THE POINT OF BEGINNING; THENCE S83°13’25"W, A DISTANCE OF 20.51 FEET TO A POINT THAT IS 79.97 FEET LEFT OF BASELINE WOODS CHAPEL ROAD STATION 23+97.31; THENCE S39°35’25"W, A DISTANCE OF 36.28 FEET TO A POINT THAT IS 55.00 FEET LEFT OF BASELINE WOODS CHAPEL ROAD STATION 24+23.63; THENCE S86°05’52"W, A DISTANCE OF 118.90 FEET TO A POINT THAT IS 63.90 FEET RIGHT OF BASELINE WOODS CHAPEL ROAD STATION 24+23.63; THENCE N38°48’01"W, A DISTANCE OF 24.34 FEET TO A POINT THAT IS 77.83 FEET RIGHT OF BASELINE WOODS CHAPEL ROAD STATION 24+03.67; THENCE N05°51’18"W, A DISTANCE OF 80.01 FEET TO A POINT THAT IS 80.56 FEET RIGHT OF BASELINE WOODS CHAPEL ROAD STATION 23+23.71; THENCE N43°15’53"E, A DISTANCE OF 22.57 FEET TO A POINT THAT IS 64.00 FEET RIGHT OF BASELINE WOODS CHAPEL ROAD STATION 23+08.36; THENCE N03°54’08"W, A DISTANCE OF 36.24 FEET TO A POINT THAT IS 64.00 FEET RIGHT OF BASELINE WOODS CHAPEL ROAD STATION 22+72.12; THENCE N85°59’25"E, A DISTANCE OF 9.16 FEET TO A POINT THAT IS 54.84 FEET RIGHT OF BASELINE WOODS CHAPEL ROAD STATION 22+72.10; THENCE S20°37’51"E, A DISTANCE OF 52.20 FEET TO A POINT THAT IS 39.82 FEET RIGHT OF BASELINE WOODS CHAPEL ROAD STATION 23+22.09; THENCE N86°04’06"E, A DISTANCE OF 45.00 FEET TO A POINT ON THE EXISTING CENTERLINE WOODS CHAPEL ROAD AT STATION 7+30, SAID POINT ALSO BEING 5.18 FEET LEFT OF BASELINE WOODS CHAPEL ROAD STATION 23+22.07; THENCE N03°55’54"W ALONG SAID EXISTING CENTERLINE WOODS CHAPEL ROAD, A DISTANCE OF 144.17 FEET TO A POINT ON SAID EXISTING CENTERLINE WOODS CHAPEL ROAD AT STATION 8+74.17, SAID POINT ALSO BEING 5.11 FEET LEFT OF BASELINE WOODS CHAPEL ROAD STATION 21+77.90; THENCE N86°04’06"E, A DISTANCE OF 70.00 FEET TO A POINT THAT IS 75.11 FEET LEFT OF BASELINE WOODS CHAPEL ROAD STATION 21+77.86; THENCE S03°55’54"E, A DISTANCE OF 50.00 FEET TO A POINT THAT IS 75.13 FEET LEFT OF BASELINE WOODS CHAPEL ROAD STATION 22+27.86; THENCE S86°04’06"W, A DISTANCE OF 19.16 FEET TO A POINT THAT IS 55.97 FEET LEFT OF BASELINE WOODS CHAPEL ROAD STATION 22+27.87; THENCE S03°55’51"E, A DISTANCE OF 40.00 FEET TO A POINT THAT IS 55.99 FEET LEFT OF BASELINE WOODS CHAPEL ROAD STATION 22+67.87; THENCE S48°55’53"E, A DISTANCE OF 56.57 FEET TO A POINT THAT IS 96.01 FEET LEFT OF BASELINE WOODS CHAPEL ROAD STATION 23+07.85; THENCE S06°46’35"E, A DISTANCE OF 88.55 FEET TO THE POINT OF BEGINNING AT 100.45 FEET LEFT OF BASELINE WOODS CHAPEL ROAD STATION 23+96.29. THE TRACT DESCRIBED ABOVE CONTAINS 27,658 SQUARE FEET OR 0.63 ACRES, MORE OR LESS.
3
Tract 2: A TRACT OF LAND FOR PERMANENT CONTROLLED ACCESS RIGHT-OF-WAY LOCATED IN THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 49 NORTH, RANGE 31 WEST, IN BLUE SPRINGS, JACKSON COUNTY, MISSOURI, BEARINGS ARE REFERENCED TO GRID NORTH OF THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 26, T49N, R31W, BEING A FOUND #4 IRON BAR, ACCORDING TO CERTIFIED LAND CORNER DOCUMENT NUMBER 600-68759; THENCE N02°19’36"E ALONG THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1028.26 FEET; THENCE N87°40’24"W ALONG A LINE THAT IS PERPENDICULAR TO SAID EAST LINE, A DISTANCE OF 164.75 FEET TO A POINT ON THE EXISTING NORTH RIGHT-OF-WAY LINE OF U.S. INTERSTATE I-70, AS NOW ESTABLISHED, AT 229.76 FEET LEFT OF CENTERLINE I-70 STATION 861+72.99 AND BEING THE POINT OF BEGINNING; THENCE N71°42’53"W ALONG SAID EXISTING NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 150.00 FEET TO A POINT 255.00 FEET LEFT OF CENTERLINE I-70 STATION 860+25.13; THENCE N08°21’36"W CONTINUING ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 20.00 FEET TO A POINT 274.13 FEET LEFT OF CENTERLINE I-70 STATION 860+19.30; THENCE S55°40’16"E, A DISTANCE OF 29.34 FEET TO A POINT 261.39 FEET LEFT OF CENTERLINE I-70 STATION 860+45.73; THENCE S77°32’19"E, A DISTANCE OF 100.85 FEET TO A POINT 254.59 FEET LEFT OF CENTERLINE I-70 STATION 861+46.35; THENCE S43°07’31"E, A DISTANCE OF 32.30 FEET TO A POINT 234.59 FEET LEFT OF CENTERLINE I-70 STATION 861+71.70, ALSO BEING A POINT ON THE EAST LINE OF THE PROPERTY DESCRIBED IN WARRANTY DEED, DOCUMENT NUMBER 2008E0073768 AND RECORDED AT THE JACKSON COUNTY, MISSOURI RECORDER OF DEEDS OFFICE IN INDEPENDENCE, MISSOURI; THENCE S06°19’30"E ALONG SAID EAST LINE, A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING AT 229.76 FEET LEFT OF CENTERLINE I-70 STATION 861+72.99. THE TRACT DESCRIBED ABOVE CONTAINS 2,156 SQUARE FEET OR 0.0495 ACRES, MORE OR LESS. (4) RIGHTS OF GRANTEE: Grantee shall obtain all rights, privileges, appurtenances and immunities belonging to Grantor, its successors and assigns forever. (5) WARRANTY: Grantor hereby covenants that it lawfully seized of an indefeasible estate in fee in the premises herein conveyed. Grantor covenants that it good right to convey the property. Grantor covenants that the said premises are free and clear of any encumbrances done or suffered by it or those under whom it claims; and that it will warrant and defend the title to said premises unto the Missouri Highways and Transportation Commission and unto its successors and assigns, forever, against the lawful claims and demands of all persons whomsoever.
“Exhibit A”
4
6) DATE: IN WITNESS WHEREOF, the said Grantor executed the above the day and year first above written. ________________________________ City of Blue Springs By: Eric Johnson City Administrator
ACKNOWLEDGMENT BY CITY
STATE OF MISSOURI ) ) ss COUNTY OF JACKSON ) On this ____ day of _________, 2014, before me appeared Eric Johnson personally known to me, who being by me duly sworn, did say that he/she is the City Administrator of the City of Blue Springs and that the foregoing instrument was signed and sealed on behalf of the City of Blue Springs and that he/she acknowledged said instrument to be the free act and deed of the City of Blue Springs and that it was executed for the consideration stated therein and no other. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the county and state aforesaid the day and year written above. Notary Public My Commission Expires: _________________________
Council Meeting Date: 6/2/2014 Agenda Item # 3e
Page 1 of 2
Rev 05/01/2014
CITY OF BLUE SPRINGS
CITY COUNCIL INFORMATION FORM DATE: May 22, 2014 SUBMITTED BY: Bob McDonald DEPARTMENT: Law
Ordinance Resolution Presentation Public Hearing Agreement Discussion Rezoning Other
ISSUE/REQUEST
City Staff seeks passage of a Resolution to authorize the City to enter into an agreement with ExteNet Systems, Inc. (hereinafter “ExteNet”). This is a telecommunications utility that sets up a distributed antenna system which augments wireless capacity or extends coverage for the wireless network. The carrier that ExteNet is working with in Blue Springs is Verizon.
BACKGROUND/EXPLANATION The City was approached by ExteNet on behalf of Verizon to install four small antennas on light poles. Three of the antennas would be along the 7 Highway corridor, north and south of I-70 and one would be on Mock near the Walmart store, south of I-70. Fiber would then connect these small antennas to the Verizon equipment located at the base of the new tower in Central Park. These are designed to increase bandwidth and area coverage. ExteNet is in the process of installing a distributed antenna system in Overland Park, KS. ExteNet is contractually agreeing to pay the City five percent (5%) of their gross receipts, $45 per month per pole for antennas attached and the normal plan review charges for reviewing its installation plans. The company hopes to expand within Blue Springs and also hopes to represent other wireless carriers. They are currently authorized to do business in 32 states and have 80 joint use agreements with various utilities. In addition to Overland Park, they are also active in Leawood and Olathe.
JUSTIFICATION
This agreement will provide some funds to the City, although minimal at first. It will also provide more reliable wireless communications for some of our citizens. This is a new technology and it is a feather in our cap that we are getting it early.
FINANCIAL IMPACT Contractor: N/A Amount of Request/Contract: Amount Budgeted: Funding Source/Account #: Additional Funds Needed: Funding Source/Account #:
Council Meeting Date: 6/2/2014 Agenda Item # 3e
Page 2 of 2
Rev 05/01/2014
PROJECT TIMELINE
Estimated Start Date Estimated End Date Soon
STAFF RECOMMENDATION Administration and the Law Department recommend approval.
OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: N/A Date: Action:
LIST OF REFERENCE DOCUMENTS ATTACHED
1. Proposed Resolution with proposed Agreement attached as Exhibit “A” 2. Preliminary Network Map: City of Blue Springs, Missouri 3. Typical Deployment Strategy for Utility Poles
IF CONTRACT REQUIRED:
1. E-Verify Affidavits Required? N/A 2. Contract/Affidavits Executed? No
REVIEWED BY Requesting Director:
Bob McDonald
Budget:
Legal:
City Administrator:
ExtenetROWAccess 6/2/2014
Introduced by Councilman Resolution No. 60-2014
A RESOLUTION APPROVING AN AGREEMENT WITH EXTENET SYSTEMS, INC., A TELECOMMUNICATIONS UTILITY, FOR THE INSTALLATION OF A DISTRIBUTED
ANTENNA SYSTEM TO AUGMENT WIRELESS CAPACITY AND COVERAGE
WHEREAS, the City of Blue Springs was approached by ExteNet Systems, Inc. (hereinafter “ExteNet”) regarding the use of the City’s right-of-way and light and power poles to install a distributed antenna system in order to augment wireless capacity and/or extend coverage for the Verizon Wireless network; and
WHEREAS, the City Attorney and the attorney for ExteNet have negotiated and prepared an agreement which will establish the parameters of the project and the amounts that ExteNet will pay for the use of the City’s right-of-way and the attachment to City poles; and WHEREAS, this type of system is also being installed in Overland Park, Olathe, and Leawood, Kansas by ExteNet; and
WHEREAS, ExteNet has agreed to pay the City five percent (5%) of its gross receipts earned within the City and $45.00 per month per pole for antennas attached to City poles.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BLUE SPRINGS, MISSOURI, as follows:
1. The City Administrator has the authority and is hereby authorized to enter into an agreement with ExteNet Systems, Inc. for the usage of the City’s right-of-way and the attachment of antenna devices to City poles. A copy of the proposed Agreement is attached hereto as Exhibit “A” and is incorporated herein.
2. City Staff is directed to perform all tasks necessary to implement said Contract.
PASSED by the City Council of the City of Blue Springs, Missouri, and approved by the
Mayor of Blue Springs, this 2nd day of June, 2014. CITY OF BLUE SPRINGS
_________________________ Carson Ross, Mayor
ATTEST: ________________________________ Kathy Richardson, City Clerk
TELECOMMUNICATIONS ATTACHMENT AND
RIGHTS-OF-WAY AGREEMENT
between
The CITY of BLUE SPRINGS, MISSOURI
and
EXTENET SYSTEMS, INC.
"Exhibit A"
1
Proprietary & Confidential – ExteNet Systems, Inc.
TELECOMMUNICATIONS ATTACHMENT AND
RIGHTS-OF-WAY AGREEMENT
The CITY of BLUE SPRINGS, MISSOURI (“CITY”), and ExteNet Systems, Inc. a
corporation organized and existing under the laws of Delaware (“ExteNet”), hereby enter into
this Telecommunications Attachment and Rights-of-Way Agreement (“Agreement”) effective as
of ________________, 2014, (the “Effective Date”).
WHEREAS ExteNet has been issued a certificate of public convenience and necessity by
the Missouri Public Service Commission as a provider of telecommunications services with
authority to operate throughout the State of Missouri; and
WHEREAS CITY is required by federal and State statutes, regulations and orders to
grant all telecommunications service providers access to and occupancy of the public rights-of-
way in CITY on a non-discriminatory basis for the purpose of installing facilities to provide
telecommunications services; and
WHEREAS the jurisdictional boundaries of CITY include public rights-of-way and
facilities that are used by, and useful to, telecommunications providers; and
WHEREAS CITY is authorized by State statutes, regulations and orders to recover just
and reasonable costs for administering telecommunications providers’ access to the public rights-
of-way within CITY’s jurisdictional boundaries.
NOW THEREFORE, in consideration of the promises and mutual covenants herein
contained the CITY and ExteNet, for valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, hereby agree as follows:
1. Definitions
Except as the context may otherwise require, each capitalized word or phrase in this Agreement
shall have the meaning specified herein. All other terms in this Agreement shall be interpreted in
accord with common usage in the telecommunications industry. Without limiting the generality
of the foregoing, for purposes of this Agreement, the terms listed below are defined as follows:
1.1. “Attachment” means the placement, attachment or installation of one or more
items of Equipment on, over, under or within any CITY ROW or to any CITY
Facility.
1.2. “Commission” or “MPSC” means the Missouri Public Service Commission.
1.3. “Equipment” means any and all radios, amplifiers, optical converters,
multiplexers, antennae, cables, wires, conduits, innerducts, pedestals, boxes,
cabinets, primary and auxiliary power supplies, power meters, support structures,
mounting hardware, and all related or ancillary devices installed, operated or used
by ExteNet to provide Service.
"Exhibit A"
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Proprietary & Confidential – ExteNet Systems, Inc.
1.4. “ExteNet” shall mean ExteNet Systems, Inc., organized under the laws of State
of Delaware and to which the Commission has issued a certificate to operate as a
provider of telecommunications services.
1.5. “Fee” means any one-time or recurring amount to be paid by ExteNet pursuant to
this Agreement. Without limiting the generality of the foregoing. “Attachment
Fees” means Fees paid in consideration of Attachments to Facilities, and “ROW
Fees” means Fees paid to cover the reasonable costs for CITY to administer
access to its ROW.
1.6. “Facility” or “Facilities” means any CITY-owned or leased structure upon or
within which it is technically feasible to place Equipment, including, but not
limited to any CITY -owned light poles or fixtures, traffic signal poles, or conduit
in CITY Rights-of-Way.
1.7. “Node Poles” means those utility poles or Facilities to which ExteNet proposes to
attach items of Equipment, other than wires and fiber optic cabling, as illustrated
in Exhibit A.
1.8. “Pole Placement” means the placement of a new wooden, metal or concrete pole
or other vertical structure in CITY ROW when necessary or useful for ExteNet’s
provision of Service. “Pole Placement” does not include replacement of existing
Utility Infrastructure poles.
1.9. “Restore” means returning a CITY Facility or ROW to the condition it was in
prior to Attachment, excepting reasonable wear and tear.
1.10. “Rights-of-Way” or “ROW” means the public ways and other areas now or
hereafter existing that are owned by or otherwise subject to the jurisdiction and
control of CITY , including without limitation, all space in, upon, above, along,
across, under, and over any or all of the following: highways, streets, roads, lanes,
courts, ways, alleys, boulevards, paths, curbs, sidewalks, bridges, overpasses,
underpasses, tunnels, parks, parkways, waterways, easements, conduit, vaults,
access manholes and “handholes”.
1.11. “Service” means the transport, transmission and reception of signals carrying
voice and data communications, including but not limited to format and/or
protocol conversion and point-to-point transport of signals over fiber optic cables
and other wireline connections as ExteNet provides as authorized by the MPSC or
Federal Communications Commission.
1.12. “State” means the State of Missouri.
"Exhibit A"
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Proprietary & Confidential – ExteNet Systems, Inc.
1.13. “Utility Infrastructure” means existing poles and/or conduits owned or
controlled by public or private utility companies, other than CITY-owned utility
companies that are located in the ROW.
2. Grant of Access and Occupancy Rights
2.1 Attachment to Third-Party Property. Subject to obtaining an existing utility
easement or other suitable form of written permission of the owner(s) of the
affected property, CITY hereby authorizes and permits ExteNet to enter upon the
ROW and to attach, install, operate, maintain, remove, reattach, reinstall, relocate,
and replace Equipment in or on Utility Infrastructure or other structures lawfully
owned and operated by public utility companies or other property owners and
located within or outside the Rights-of-Way. Upon request by CITY, ExteNet
shall furnish to the City documentation in a form reasonably acceptable to the
City of such permission from the individual utility or property owner. City shall
provide a response to ExteNet within thirty days of submission of a completed
application to access the ROW. A denial of an application for the Attachment of
Equipment to Utility Infrastructure or other third-party poles or structures shall
not be based upon the size, quantity, shape, color, weight, configuration, or other
physical properties if ExteNet’s Equipment proposed for use conforms to one of
the pre-approved configurations and the Equipment specifications set forth in
Exhibit A or is not materially different is size, shape and color of
telecommunications or electrical equipment then existing in the ROW. The
reason for any denial shall be provided in writing with the denial.
2.2 Approval of Equipment Design, Configurations and Attachments. ExteNet will
submit to CITY an application with a proposed design for any Equipment that
ExteNet proposes to use in CITY Rights-of-Way. Such application shall include
a map or annotated aerial photograph identifying which Utility infrastructure or
Facilities ExteNet seeks to use for Attachments. Once the City verifies that the
Equipment proposed in the design complies with the pre-approved configurations
and the Equipment specifications set forth in Exhibit A, the City will approve the
particular Utility Infrastructure and Facilities to which ExteNet can attach its
Equipment.
2.2.1 Change in Equipment. If ExteNet proposes an Attachment or
installation of Equipment that differs in a material way from the
pre-approved configurations and Equipment specifications
attached hereto as Exhibit A, then ExteNet shall first obtain the
written approval for the use and installation of the Equipment from
an authorized representative of CITY.
2.3 Equipment Attachment to Facilities. CITY hereby grants to ExteNet the
nonexclusive right, privilege, and license to enter and occupy CITY’s Rights-of-
Way. Such right to enter and occupy shall be for purposes of, and/or in
connection with, Attachments of Equipment, and shall be subject to applicable
"Exhibit A"
4
Proprietary & Confidential – ExteNet Systems, Inc.
rules, regulations or statutes setting forth non-discriminatory and reasonable
controls as to the time, place and manner in which CITY’s Rights-of-Way are
accessed and occupied in order to protect the health, safety and welfare of the
public.
2.4 Pole Placements. In the event that an ExteNet application for Attachment is
deemed impractical or denied by CITY due to lack of existing Facilities, the
parties agree that either ExteNet shall be granted the right for Pole Placement in
the Rights-of-Way or CITY shall place a Facility for Attachment of ExteNet’s
Equipment. City shall provide a response to ExteNet within thirty days of
submission of a completed application. The reason for any denial shall be
provided in writing with the denial. A denial of an application for Pole Placement
shall not be based upon the size, quantity, shape, color, weight, configuration, or
other physical properties of ExteNet’s Equipment if the Equipment proposed
conforms to one of the pre-approved configurations and specifications set forth in
Exhibit A.
2.4.1 If the parties agree that Pole Placement is to be effected by
ExteNet, ExteNet shall bear the entire cost and expense of all
placement, installation, construction, and maintenance for Pole
Placement.
2.4.2 Any Pole Placement by ExteNet will require that the Pole placed
by ExteNet match the other Poles in the surrounding area to the
extent it is acceptable to the City.
2.5 Structural Integrity of Facility. If ExteNet selects a Facility that is structurally
inadequate to accommodate Equipment, ExteNet may at its sole cost and expense
replace the Facility with one that is acceptable to and approved by the City and
dedicate such Facility to the CITY.
2.6 Assignment of Cost. Except as otherwise provided in this Agreement, ExteNet
shall bear the entire cost and expense of all placement, installation, construction,
maintenance, and operation of Equipment and/or Attachments and Pole
Placements by ExteNet in the Rights-of-Way, and shall hold CITY harmless from
any such costs or expense.
2.7 Power for Equipment and Facilities. ExteNet will be solely responsible for
establishing electrical power services for all of its Equipment and for the payment
of all electrical utility charges to the applicable utility company. Notwithstanding
this provision, CITY and ExteNet may mutually agree that ExteNet may power its
Equipment Attachments to Facilities from a power source available at or
associated with the relevant CITY Facilities.
2.8 Additional Future Attachments. ExteNet may apply to CITY to expand its initial
Network installation through the same process as specified in this Section 2.
"Exhibit A"
5
Proprietary & Confidential – ExteNet Systems, Inc.
3. Term
Unless otherwise agreed, the term of this Agreement shall commence on the Effective
Date and continue thereafter for an initial period of ten (10) years (the “Initial Term”).
ExteNet shall have the right to extend this Agreement for up to two renewal terms of five
(5) years. The Agreement shall renew unless ExteNet gives CITY written notice of its
election not to renew this Agreement not less than 180 days prior to the expiration of the
Initial Term or a Renewal Term.
4. Fees
4.1.ROW Fees. ExteNet shall pay ROW Fees equal to five (5) percent of its gross
receipts from revenue generated and received as a result of the DAS Network
infrastructure located in the City’s ROW to cover CITY’s reasonable cost of
administering ExteNet’s access to and occupancy of CITY’s ROW for new Pole
Placement and for installation of ExteNet Equipment within, over or under
CITY’s ROW, including Attachments to facilities owned by third parties. Such
ROW Fees shall be computed on the basis of the rates set forth in Exhibit B
attached and shall be based only on the number of Node Poles in use by ExteNet
within the geographic boundaries of CITY during the relevant period. Subject to
Section 5.3, ExteNet may remove any Equipment or Attachments in the ROW at
any time and the corresponding ROW Fees shall cease upon removal.
4.2.Attachment Fees. ExteNet shall pay Attachment Fees to CITY for any Pole
Placement that will become City property pursuant to this Agreement and for each
CITY-owned or leased Facility to which ExteNet makes an Attachment. Such
Attachment Fees shall be computed on the basis of the rates set forth in Exhibit B
attached. Notwithstanding the foregoing, ExteNet shall not be liable for payment
of any Attachment Fee if for any reason CITY’s Facility is or subsequently
becomes unusable for Attachments, or ExteNet withdraws its application for
Attachment to such Facility before completing such Attachment or putting the
Equipment into productive service. Subject to Section 5.3, ExteNet may remove
any Attachment at any time and the corresponding Attachment Fees shall cease
upon removal.
4.3.Other Fees and Compensation. The foregoing Fees are in addition to and not in
lieu of any other non-discriminatory administrative fees and charges, imposed by
CITY in connection with the issuance of construction permits, provision of copies
of records, etc.
4.4.Payment Terms. All Fees payable pursuant to this Section 4 shall be paid
monthly in arrears on the first Business Day following the last day of each
calendar month, commencing with the first month during which ExteNet
generates revenue from the operation of its DAS Network or the date on which
the relevant construction or attachment is completed, whichever is later.
"Exhibit A"
6
Proprietary & Confidential – ExteNet Systems, Inc.
4.5.Changes to Laws and Regulations Affecting Fee Rates. ExteNet and CITY
acknowledge and agree that, in order to expedite the development and
construction of ExteNet’s DAS Network for the benefit of residents and visitors in
CITY the rates set forth in Exhibit B have been negotiated by the parties without
complete information concerning their reasonableness relative to the costs to be
incurred by CITY or the rates being charged to others for similar access, use and
attachments in the same or contiguous market areas, and without regulatory
review.
5. Construction
5.1. CITY Approval. Prior to commencing construction, ExteNet shall identify to
the City of Blue Springs, Missouri those portions of CITY’s Rights-of-Way that
ExteNet needs to access and/or occupy, and CITY’s Facilities, if any, upon which
ExteNet seeks to make Attachments. Further, ExteNet shall provide a map or
annotated aerial photograph identifying which Facilities ExteNet seeks to use for
Attachments. Once the City verifies that the Equipment proposed in the design
complies with the pre-approved configurations and the Equipment specifications
set forth in Exhibit A, the City will identify those Facilities to which ExteNet can
attach its Equipment. CITY shall have thirty (30) days to review and approve
ExteNet’s construction plans, which approval shall not be unreasonably withheld,
conditioned or delayed. CITY shall notify ExteNet in writing of its approval or
disapproval of ExteNet’s proposed construction plans and Attachments. In the
event that CITY personnel fail to deliver to ExteNet written notice of approval or
disapproval of such plans and Attachments within thirty (30) days, such plans and
Attachments shall be deemed denied by CITY .
5.2. Avoidance of Interference. ExteNet agrees that the placement, installation,
construction, maintenance, operation and removal of Equipment installed in CITY
Rights-of-Way and its Attachments to CITY Facilities or Utility Infrastructure
shall be carried out in such locations and in such manner so as not to
unreasonably interfere with water, gas, sewer pipe, traffic signal, street light and
other utilities and conduits already existing.
5.3. Permits. ExteNet further agrees to obtain all necessary work, excavation or
encroachment permits required by this Agreement and the Code of Ordinances of
the City of Blue Springs, Missouri (“City Code”) setting forth time, place and
manner restrictions necessary to protect the health, safety and welfare of the
public, prior to commencing construction required for Equipment Attachment or
Pole Placement in CITY’s Rights of Way or Facilities. CITY agrees to cooperate
in expediting the issuance of such permits as reasonably requested by ExteNet in
order to meet the reasonable requirements of ExteNet’s customers and the
telecommunications services needs of end users served by them.
"Exhibit A"
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Proprietary & Confidential – ExteNet Systems, Inc.
5.4. Street Furniture Cabinets. If a portion of ExteNet’s Equipment, not including
antennas, cannot be accommodated on CITY’s Facilities, the parties agree that
ExteNet may place such equipment in above-ground street furniture and
equipment cabinets located in the Rights-of-Way. In no instance shall the
installation of any of ExteNet’s Equipment in street furniture or equipment
cabinets block pedestrian walkways in the ROW or result in violation of the
Americans with Disabilities Act. If ExteNet cannot obtain necessary permits,
approvals or other authorizations to place street furniture or equipment cabinets in
the Rights-of-Way, parties agree that ExteNet may place Equipment in below-
ground vaults, and that CITY shall authorize such vaults expeditiously pursuant to
applicable City Code zoning and undergrounding provisions. In such instance,
ExteNet will be responsible for all costs associated with such below-ground
vaults, including without limitation relocation costs of any public improvements
or public utilities facilities.
5.5.Compliance with Law. When placing, installing, constructing, maintaining,
operating, removing or relocating Equipment or Pole Placement in CITY Rights-
of-Way, or making Attachments to CITY Facilities, ExteNet shall comply with
City Code and all applicable federal and State statutes, regulations and orders,
including but not limited to the [state Commission or legislative construction
standards], National Electric Code (NEC) and/or National Electric Safety Code
(NESC)]. ExteNet shall also comply with all CITY technical specifications and
requirements that are reasonable and non-discriminatory with respect to their
impact on telecommunications services and ExteNet as a provider thereof, and all
applicable national, State and local building, electrical and safety codes.
5.6. Restoration. If the placement, installation, construction, maintenance, operation,
removal or relocation of Equipment or poles by ExteNet disturbs or alters CITY
Rights-of-Way or Facilities, ExteNet, at its own expense shall restore such CITY
Rights-of-Way or CITY Facilities to their original condition, normal wear and
tear excepted.
6. Maintenance
6.1. Proper Maintenance. ExteNet shall maintain its Equipment and poles located in
CITY Rights-of-Way and its Attachments in compliance with City Code and in
such condition that they shall not constitute a danger to the health, safety and
welfare of the public.
6.2. Right of Entry. ExteNet may enter upon CITY Rights-of-Way and CITY
Facilities to maintain or repair Equipment or poles from time to time without prior
approval of CITY.
6.3. Removal or Replacement of Equipment. ExteNet may remove or replace any
items of Equipment as reasonably required in connection with the ongoing
provision of Services without prior approval of CITY, so long as any replacement
"Exhibit A"
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Proprietary & Confidential – ExteNet Systems, Inc.
Equipment is substantially the same as that which has been removed with regard
to size, weight and physical configuration. Removal of Equipment from any
Rights of Way or Attachment shall not constitute termination of this Agreement.
6.4. Permits. In the event maintenance or repair activities will disturb or block
pedestrian or vehicular traffic in CITY Rights-of-Way, ExteNet shall obtain all
permits required by CITY prior to commencing such maintenance or repair.
7. Relocation of Equipment
7.1. Notice. CITY may request relocation of ExteNet’s Equipment by delivering
written notice to ExteNet identifying the need for such relocation and alternative
CITY Rights-of-Way and/or CITY Facilities to which ExteNet may relocate its
Equipment.
7.2. Timeframe. After receiving notice, ExteNet shall relocate its Equipment to
alternative CITY Rights-of-Way and CITY Facilities identified by CITY as soon
as practicable, but in no event sooner than one-hundred and eighty (180) days
after receipt of such notice. ExteNet and CITY may mutually agree to relocation
of Equipment in less than 180 days to respond to emergencies or other similar
extraordinary circumstances.
7.3. Cost of Relocation. In the event relocation of Equipment is necessitated by
construction, repair, maintenance, relocation or elimination of any CITY
Rights-of-Way and CITY refuses to provide ExteNet access to and use of
reasonably comparable alternative locations in the ROW or alternative Facilities
for such relocation when reasonably comparable alternative locations in ROW or
alternative Facilities for relocation are available, the cost and expense of such
relocation shall be borne by CITY (or such other party as CITY may designate),
and ExteNet shall not be required to relocate such Equipment until adequate
assurance of payment or reimbursement is delivered to ExteNet.CITY Similarly,
in the event relocation of Equipment is necessitated by the needs of another party
(other than CITY), the cost and expense of such relocation shall be borne by such
other party, and ExteNet shall not be required to relocate such Equipment until
adequate assurance of payment or reimbursement is delivered to ExteNet by such
other party unless CITY requires it to be moved prior to payment.
Notwithstanding any other provision hereof, in the event that CITY or the State
enacts an ordinance, law or regulation requiring that all aerial (e.g., pole-
mounted) wires and cables in some or all of the geographic area of the CITY be
relocated to underground installations in the ROW, ExteNet shall be permitted to
participate in any joint build program for underground installation of
telecommunications and other compatible utility wirelines and cables and to pay
only its reasonably determined proportional share of the cost of all such
relocations covered by the joint build program to the extent said program is
acceptable to those parties participating in the relocation. In all other events, the
cost and expense of relocation of Equipment shall be borne by ExteNet.
"Exhibit A"
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Proprietary & Confidential – ExteNet Systems, Inc.
7.4. Relocations at ExteNet’s Request. In the event ExteNet desires to relocate any
Equipment from one Facility to another, ExteNet shall so advise City. City will
use reasonable efforts to accommodate ExteNet by making another reasonably
equivalent Facility available for use in accordance with and subject to the terms
and conditions of this Agreement.
8. Indemnification
8.1. Scope of Indemnification for CITY. ExteNet shall indemnify and hold harmless
CITY, its elected and appointed officers, its council members, boards,
commissions, employees, and agents from any and all injury, claim, demand,
judgment, liability, or damage arising out of or resulting from ExteNet's
negligence in the placement, installation, construction, maintenance, operation
and removal of Equipment in CITY ’s Rights-of-Way or on CITY Facilities or
otherwise in the performance of this Agreement. ExteNet shall not be obligated
to hold harmless or indemnify CITY for any injury, claims, demands, judgments,
liabilities or damage to the extent that they are due solely to the gross negligence
or intentional and/or willful acts of CITY , or any of its officers, council
members, boards, commissions, employees, or agents.
8.2. Scope of Indemnification for ExteNet. CITY shall, but only to the extent
allowed by law, indemnify and hold harmless ExteNet and its officers, directors,
shareholders, employees, and agents from any and all injury, claim, demand,
judgment, liability, or damage arising out of or resulting from any negligence by
CITY or its officers, boards, commissions, employees, or agents in connection
with this Agreement. CITY shall not be obligated to hold harmless or indemnify
ExteNet for any injury, claims, demands, judgments, liabilities or damage to the
extent that they are due solely to the gross negligence or intentional and/or willful
acts of ExteNet.
8.3. Excluded Damages. In no event shall either party be liable for any punitive,
consequential, incidental, or special damages or lost profits incurred, or alleged to
have been incurred, by anyone.
8.4. Notice. Any party seeking indemnification hereunder ("Indemnitee") shall
notify the other party ("Indemnitor") within fifteen (15) days of the nature and
amount of a claim arising under this Section, and the method and means proposed
by the Indemnitee for defending or satisfying such claim.
8.5. Representation. The Indemnitor shall pay for all costs and expenses, including
reasonable legal fees, of defense for Indemnitee in any claims or actions subject to
indemnification hereunder, provided that so long as the Indemnitor has
undertaken and is vigorously pursuing such defense it shall not be responsible for
additional legal fees and expenses incurred by the Indemnitor. The Indemnitee
shall cooperate and consult with the Indemnitor respecting the defense and
"Exhibit A"
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Proprietary & Confidential – ExteNet Systems, Inc.
satisfaction of such claims, including the selection of and direction to legal
counsel, and the Indemnitee shall not pay or settle any such claim without the
prior written consent of the Indemnitor, which consent shall not be unreasonably
withheld. The Indemnitee will be allowed, at its own expense, to appear and
defend or assist Indemnitor in the defense of such claims.
8.6. Breach of Agreement. In the event that any claim, complaint or litigation is
brought by either party to this Agreement against the other for breach of this
Agreement, or for an interpretation of this Agreement, each party shall bear its
own costs, including legal fees and expenses.
9. Insurance
9.1. General Liability Insurance. ExteNet shall maintain and keep in effect during
the Term of this Agreement, commercial general liability insurance with a
combined single limit with respect to each occurrence of not less than $1,000,000,
insuring ExteNet (and naming CITY as an additional insured) against loss,
damage, cost, expense or liability for any damage to any property or injury, illness
or death of any person occurring or arising as a result of the negligence of
ExteNet in connection with the placement, installation, construction, maintenance,
operation and removal of Equipment in CITY ’s Rights-of-Way or in connection
with any Attachment on CITY Facilities or as a result of any other action resulting
from its performance under this Agreement.
9.2. Other Insurance. ExteNet shall maintain and keep in effect during the Term of
this Agreement, worker's compensation insurance as required by law.
9.3.Proof of Insurance. ExteNet shall provide insurance certificates or other
reasonable evidence of all insurance coverage required under this Agreement to
CITY which also confirms the CITY is an additional insured.
10. Security
Not less than ten (10) business days prior to the first Attachment of ExteNet Equipment
to CITY Facilities or the first installation of ExteNet Equipment within, over or under the
CITY’s ROW, ExteNet shall provide CITY with security for the proper removal of such
Equipment and restoration of such Facilities or ROW in the form of a bond in the amount
of $10,000.00 [Set forth on Exhibit C]. The Bond shall conform substantially to Exhibit
C attached to this Agreement or otherwise be reasonably acceptable to CITY, and such
Bond or a substantially equivalent replacement shall be maintained in effect throughout
the term of this Agreement, subject only to adjustments to the amount to reflect changes
in the number of Attachments or in the portion of CITY’s ROW occupied by ExteNet.
11. Assignment
"Exhibit A"
11
Proprietary & Confidential – ExteNet Systems, Inc.
11.1 Assignment without approval. ExteNet shall have the right to assign this
Agreement and all rights and obligations accorded ExteNet to a wholly-owned
subsidiary or a parent entity of ExteNet without the prior written consent of
CITY. In the event ExteNet assigns this Agreement to a subsidiary or parent,
entity, ExteNet shall provide CITY with prior written notice of such assignment
and documentation to confirm the eligibility status of assignee.
11.2 Assignment requiring approval. ExteNet must obtain the prior written consent
of CITY in order to assign this Agreement, or any right or obligation under this
Agreement, to a third party other than a wholly-owned subsidiary or parent
entity of ExteNet. Such consent shall not be unreasonably withheld,
conditioned or delayed by CITY.
12. Termination
12.1 Termination by ExteNet. ExteNet may terminate this Agreement, at its
election and without cause, by providing written notice of termination to CITY at
least ninety (90) days prior to the effective date of such termination. In case of
termination by ExteNet, ExteNet shall, within ninety (90) days of notice from
CITY, Restore CITY Facility and/or ROW.
12.2 Termination by either party. Either CITY or ExteNet may terminate this
Agreement for an uncured material breach by the other party. The party asserting
a breach must first provide written notice of the existence of a material breach to
the breaching party. Such notice shall state the grounds for termination in
reasonable detail. The party receiving notice of termination for cause shall have
thirty (30) days to cure, or commence and vigorously pursue good faith efforts to
cure the alleged material breach if such breach cannot reasonably be cured within
30 days. A notice of termination for cause issued by CITY shall be issued only
after the completion of a public proceeding before the City Council, during which
ExteNet shall have a full opportunity to be heard and to respond to any notice of
grounds to terminate.
13. Notices
13.1 Service of Notice. All notices required or permitted to be given to either party
by the other party under any provisions of this Agreement shall be in writing.
Notice shall be deemed served when delivered by hand or by a private delivery
service to the other party’s address set forth below during normal business
hours. If a Notice is mailed, service is deemed complete upon the earlier of
actual delivery or the close of business on the third business day following the
date when the Notice is placed in a receptacle regularly maintained by the U.S.
Postal Service addressed to the party at the address set forth below with postage
pre-paid.
13.2 Notice shall be given to the following:
"Exhibit A"
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Proprietary & Confidential – ExteNet Systems, Inc.
CITY:
Name: Eric Johnson
Title: City Administrator
Address: 903 W. Main Street
Blue Springs, MO 64015
ExteNet:
Name: Dan Timm
Title: Chief Financial Officer
Address: 3030 Warrenville Rd., Ste 340
Lisle, IL 60532
With a copy to “General Counsel” at the same address.
14. Validity and Construction of Agreement
14.1 Counterpart Execution. This Agreement may be executed in any number of
counterparts, each of which when executed and delivered shall be deemed an
original, all of which together shall constitute the same instrument. Execution
and delivery may be accomplished by facsimile or other electronic means.
14.2 Severability. If one or more of the provisions in this Agreement are held by an
agency or court of competent jurisdiction, in a final, non-appealable order, to be
invalid, void, voidable, unenforceable or illegal, such provision shall be deemed
severable from the remaining provisions of this Agreement. Such invalid, void,
voidable, unenforceable or illegal provision shall not affect the remaining
provisions of this Agreement so long as the material purposes of this Agreement
can be determined and effected.
14.3 Entire Agreement. This Agreement states the entire agreement between the
parties and supersedes all prior agreements and understandings, whether oral or
written, between the parties with respect to the subject matter hereof, and may
not be amended or modified except by a written instrument executed by the
parties hereto. This Agreement contains the entire understanding of the parties
with respect to the subject matter hereof. No waiver of any right or remedy
hereunder shall be effective unless and until set forth in a writing delivered to the
other party, and a waiver, forbearance or other failure to enforce any right or
remedy on any given occasion or under any specified circumstance shall not be
construed as, or have the effect of, a waiver of such rights or remedies on any other
occasion or under any other circumstances.
14.4 Amendment. This Agreement may be amended only by the Parties hereto by an
entrustment in writing signed by or on behalf of each of the parties hereto.
"Exhibit A"
13
Proprietary & Confidential – ExteNet Systems, Inc.
14.5 Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State, without reference to its conflicts of laws
principles.
15. Force Majeure.
No failure by a party to perform its obligations in accordance with this Agreement shall be
deemed a material breach or grounds for termination if such failure to perform occurred as a
result of circumstances beyond such party’s reasonable control as described below. Further, the
time for performance of any duties or obligation of CITY or ExteNet shall be extended for the
period during which performance was delayed or impeded due to causes beyond such party’s
control, including but not limited to strikes, lockouts, labor disputes, supply shortages, utility
outages, cable dig-up by third party, civil disorders, actions of governmental authorities, actions
of civil or military authority, national emergency, insurrection, riots, war, acts of terrorism, acts
of God, fire, floods, epidemics, freight embargoes or other causes beyond the reasonable control
of the party required to perform an act, the party shall be excused from performing that act for a
period equal to the period of the preventing circumstance or delay. If ExteNet or CITY claims
the existence of a circumstance preventing performance, the party claiming the delay shall notify
the other party in writing of that fact within ten (10) days after the beginning of any such
circumstance. Economic hardship, misfeasance, or malfeasance of a party’s directors, officers,
employees, council, officials or agents shall not be considered as a condition beyond the fault or
control of the defaulting party.
16. Confidentiality
Non-public information provided by either party to this Agreement, including network
deployment plans and technical and operational details, shall to the extent allowed by law be
kept confidential and used only for purposes related to the performance of this Agreement. Both
CITY and ExteNet shall take reasonable steps to protect confidential information obtained from
the other in connection with performance of this Agreement from public disclosure or
unauthorized use. It is understood by the parties that CITY is subject to Missouri’s Sunshine Law
and must comply with its terms.
IN WITNESS THEREOF, the parties hereby bind themselves legally to the terms and
conditions set forth in this Agreement, as evidenced by the signature of their duly authorized
representatives.
CITY ExteNet Systems, Inc.
By: __________________________________
By: __________________________________
Title: ________________________________ Title: ________________________________
Date:_______________________________ Date:_______________________________
"Exhibit A"
15
Proprietary & Confidential – ExteNet Systems, Inc.
CITY
Telecommunications Attachment and Rights-of-Way Agreement
Exhibit A
ExteNet Equipment Specifications
The Parties will agree upon the ExteNet Equipment Specifications and pre-approved equipment
designs within thirty days of the Effective Date.
"Exhibit A"
16
Proprietary & Confidential – ExteNet Systems, Inc.
CITY OF BLUE SPRINGS, MISSOURI
Telecommunications Attachment and Rights-of-Way Agreement
Exhibit B
Fee Rates
Section 1. The following light pole attachment fees and charges are established based on the
descriptions listed below. These fees/charges shall be administered in a competitively neutral
and non-discriminatory manner. All fees/charges will be rounded to the nearest dollar.
Street Light Pole Attachment Fees:
1. Annual Attachment Fee: $540 per street light pole attachment per year ($45 per
month)
Commencing January 1, 2015, the Annual Attachment Fee shall be adjusted
annually by any change in the Index know known as the “United States Bureau of Labor
Statistics, Consumer Price Index – All Urban Consumers, base period 1982-84=100 (CPI-U)
(hereafter the “CPI Index”); provided, however, in no event shall the amount of the Annual
Attachment Fee decrease from the previous year.
The Annual Attachment Fee does not include the use of the City’s electricity.
ExteNet is responsible for obtaining its own meter and electricity supply.
2. Non-Recurring Fees/Charges:
a. Make Ready Work Charges: ExteNet shall reimburse the City for all
actual work done or contracted by the City for any make ready or other work done to
accommodate ExteNet’s antennae and other equipment. The charge for such work shall include
all reasonable material, labor engineering and administrative costs and applicable overhead costs.
b. Inspection Fees: ExteNet shall reimburse the City for all actual work done
or contracted by the City for any necessary inspections. The charge for such work shall include
all reasonable material, labor engineering and administrative costs and applicable overhead costs.
c. Permit Application Fee: An amount equal to $65.00 per plan sheet
drawing. (The Permit Application Fee is intended to reimburse the City for costs incurred for
review of the permit application and site design approval.)
3. Unauthorized Attachment Penalty Fee: 3x Annual Attachment Fee, per
occurrence.
4. Failure to Timely Transfer, Abandon or Remove Facilities Penalty:
1/5 Annual Attachment Fee per day, per pole, first 30 days;
"Exhibit A"
17
Proprietary & Confidential – ExteNet Systems, Inc.
The Annual Attachment Fee per day, per pole, second 30 days and thereafter
"Exhibit A"
18
Proprietary & Confidential – ExteNet Systems, Inc.
CITY
Telecommunications Attachment and Rights-of-Way Agreement
Exhibit C
Security for Removal & Restoration
"Exhibit A"
Council Meeting Date: 6/2/2014 Agenda Item # 6
Page 1 of 2
Rev 04/03/2014
CITY OF BLUE SPRINGS
CITY COUNCIL INFORMATION FORM DATE: May 8, 2014 SUBMITTED BY: Bob McDonald DEPARTMENT: Law
Ordinance Resolution Presentation Public Hearing Agreement Discussion Rezoning Other
ISSUE/REQUEST
It is Staff’s request that the Mayor and Council authorize the City to enter into a contract with Bob McDonald to provide as needed legal services and representation to the City and the Blue Springs Land Bank during the transition and break-in period of the incoming City Attorney.
BACKGROUND/EXPLANATION
After 28 years of service, Bob McDonald is retiring. A new City Attorney is being appointed. The new City Attorney may need information and extra help while they become acclimated to the position. The contract provides that someone will be available during that time as needed. The Mayor and Council, City Administrator and City Attorney will determine what services are needed.
JUSTIFICATION
It is likely that some information and services will be needed during the transitional period. Special Counsel, pursuant to the Charter, is employed by ordinance. This contract will have someone with intimate knowledge of where things are located, where issues stand, and where items should be going available as needed. The rate is the same as for other non-employee attorneys retained by the City.
FINANCIAL IMPACT
Contractor: Bob McDonald Amount of Request/Contract: $250/hour Amount Budgeted: $10,000 Funding Source/Account #: 100.12300.510100.000 Additional Funds Needed: Funding Source/Account #:
PROJECT TIMELINE
Estimated Start Date Estimated End Date June 20, 2014 Unknown
STAFF RECOMMENDATION
Staff recommends passage.
Council Meeting Date: 6/2/2014 Agenda Item # 6
Page 2 of 2
Rev 04/03/2014
OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: N/A Date: Action:
LIST OF REFERENCE DOCUMENTS ATTACHED 1. Proposed Ordinance with proposed Contract for Legal Services attached as Exhibit “A”
IF CONTRACT REQUIRED:
1. E-Verify Affidavits Required? N/A 2. Contract/Affidavits Executed? Contract Executed by attorney
REVIEWED BY Requesting Director:
Budget::
Legal:
City Administrator:
1
Proposed by the Staff BILL NO. 4318 Introduced by Councilman _________ ORDINANCE NO. _______
AN ORDINANCE AUTHORIZING THE MAYOR OR CITY ADMINISTRATOR OF THE CITY OF BLUE SPRINGS TO ENTER INTO AN AGREEMENT WITH SPECIAL
COUNSEL FOR LEGAL REPRESENTATION
WHEREAS, Attorney, Robert K. McDonald, hereinafter “Attorney,” served the City as the City Attorney for than 28 years; and WHEREAS, the Mayor and City Council desire to employ Attorney as special counsel to provide as needed legal services to the City and to the Land Bank of Blue Springs during the transition to a new City Attorney; and WHEREAS, the City and the Attorney desire to reduce to writing the terms under which Attorney will provide legal services to the City of Blue Springs and the Land Bank; and WHEREAS, the City believes that the Agreement referenced herein is appropriate to accomplish the public goals of the City. NOW, THEREFORE, be it ordained by the City Council of the City of Blue Springs, Missouri, that: Section 1. The Mayor or the City Administrator of the City of Blue Springs, Missouri, is authorized and directed to sign the "CONTRACT FOR LEGAL SERVICES," herein referred to as the Agreement, a copy of which is attached hereto as Exhibit "A" and incorporated herein. Section 2. The City is further authorized to take all actions required in said Agreement. Section 3. This ordinance shall be in full force and effect from and after its passage and approval by the Mayor and City Council. PASSED by the City Council of the City of Blue Springs, Missouri, and approved by the Mayor of the City of Blue Springs, this 2nd day of June, 2014. ________________________________ Carson Ross, Mayor
2
ATTEST: ______________________________ Kathy Richardson, City Clerk 1st reading ___________________ 2nd reading ___________________
Exhibit A
CONTRACT FOR LEGAL SERVICES
This Contract made and entered into this ____ day of June, 2014, by and between the CITY OF BLUE SPRINGS, MISSOURI, hereinafter referred to as “City,” and Robert K. McDonald, attorney at law, hereinafter referred to as “Attorney,” and who shall together be referred to collectively as the “Parties.” WITNESSETH: WHEREAS, Attorney, served as City Attorney of the City for 28 years pursuant to his appointment by the Mayor with the approval of the City Council until his retirement from full time employment with the City; and WHEREAS, the City is desirous of retaining Attorney as “special counsel” to provide as needed legal services to the City and to the Land Bank of Blue Springs, hereinafter referred to “Land Bank” during the transition to a new City Attorney and WHEREAS, it is the desire of the City and the Attorney to reduce to writing the terms under which Attorney will provide legal services to the City of Blue Springs, Missouri and the Land Bank. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:
1. The Attorney is hereby retained as “special counsel” to the City of Blue Springs, Missouri, for the purpose of providing legal services for the City and the Land Bank under the direction of the new City Attorney, the City Administrator and the Mayor and City Council.
2. The Attorney shall provide such legal advice and representation as directed by the new City Attorney, the City Administrator and the Mayor and City Council as to all legal matters and issues connected to his assignments as such.
3. This Contract will commence on the date first above written and continue until such time as
either Party shall notify the other, in writing, that the Contract for Legal Services shall be terminated. Such termination shall be effective 15 days after the giving of such notice.
4. Attorney shall be paid a fee at the rate of Two Hundred Fifty and no/100 Dollars ($250.00) per hour for his services. All said services shall be under the direction and control of the City Attorney, the City Administrator and the Mayor and City Council.
IN WITNESS WHEREOF, we have hereunto set our hands and seal the day and year first above written. CITY OF BLUE SPRINGS MISSOURI BY _____________________________ Eric Johnson City Administrator _____________________________ Robert K. McDonald