ORDINANCE NO. 960336

Authorizing a contract with American Bridge Company for the structural steel package for the Kemper Arena Project; authorizing an operating transfer from the Convention and Tourism Fund to the Convention and Sports Complex Fund; appropriating $5,910,000.00 from the Convention and Sports Complex Fund; estimating bond proceeds in the Convention and Sports Complex Fund; declaring the City's intent to reimburse; designating requisitioning authority; and recognizing an emergency.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. The Director of Public Works is authorized to execute a $5,910,000.00 contract with American Bridge Company for the work of remodeling Kemper Arena, which is provided for and authorized. The work shall be done in accordance with the plans, specifications and the contract therefor between Kansas City, Missouri, through its Director of Public Works, and American Bridge Company in the amount of $5,910,000.00 for Phase I - structural steel construction, which contract is approved and confirmed in substantial form as the contract on file in the office of the Director of Public Works.

Section 2. That the sum of $1,500,000.00 is appropriated from the Unappropriated Fund Balance of the Convention and Tourism Fund to the following account in the Convention and Tourism Fund:

96-236-012-9037B Transfer to Convention and Sports Complex Fund $1,500,000.00

Section 3. That the revenue in the following account of the Convention and Sports Complex Fund is estimated in the following additional amount:

96-537-012-9242 Transfer from Convention and Tourism Fund $1,500,000.00

Section 4. That the sum of $5,910,000.00 is appropriated from the Unappropriated Fund Balance of the Convention and Sports Complex Fund to the following account:

96-537-089-7746T Kemper Arena Remodeling $5,910,000.00

Section 5. That the revenue in the following account of the Convention and Sports Complex Fund is estimated in the following amount:

96-537-012-9000 Proceeds from Sale of Bonds $5,910,000.00

Section 6. That the Director of Public Works is designated as requisitioning authority and is authorized to expend monies herein appropriated in the amount of $5,910,000.00 from Account No. 96-537-089-7746 for the aforementioned contract.

Section 7. (a) That the City declares the intent of the City to reimburse itself for certain expenditures made within 60 days prior to or on or after the date of this ordinance with respect to the Kemper Arena project with the proceeds of certain bonds expected to be issued for the Kemper Arena project. The maximum principal amount of bonds expected to be issued for the project is $20,000,000.00.

(b) That this ordinance constitutes a declaration of official intent under Treasury Regulation Section 1.150-2.

(c) That the expenditures for which the City will reimburse itself pursuant to this ordinance are "original expenditures" as defined in Treasury Regulation Section 1.150-2-(c), which qualify under Treasury Regulation Section 1.150-2-d(3).

(d) That the adoption of this ordinance is consistent with the budgetary and financial circumstances of the City.

Section 8. That this ordinance is recognized as an emergency measure within the provisions of Section 15, Article II of the Charter of Kansas City, and takes effect immediately upon passage.

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I hereby certify that there is a balance, otherwise unencumbered, to the credit of the appropriation to which the foregoing expenditure is to be charged, and a cash balance, otherwise unencumbered, in the treasury, to the credit of the fund from which payment is to be made, each sufficient to meet the obligation hereby incurred.

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Director of Finance

Approved as to form and legality:

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Assistant City Attorney