COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 050082

Authorizing a $750,000.00 Support Agreement No. 5 to the Memorandum of Agreement - Brush Creek Flood Control Project with the Department of the Army, Corps of Engineers; authorizing the Director of Water Services to expend $750,000.00 for the project; and recognizing this as an emergency ordinance.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the Director of Water Services is hereby authorized to enter into and execute, on behalf of the City, a $750,000.00 Support Agreement No. 5 to the Memorandum of Agreement - Brush Creek Flood Control Project with the Department of the Army, represented by Kansas City District, Corps of Engineers, relating to the construction of channel improvements to Brush Creek from the Prospect Bridge Reach to the Paseo Reach as well as a time extension, Project Nos. 89002953 and 89005439, all in Kansas City, Jackson County, Missouri. A copy of the Memorandum of Agreement is attached hereto and incorporated herein by reference.

Section 2. That the appropriation in the following accounts of the Capital Improvements Fund are hereby reduced by the following amount:

05-3090-807521-B Brush Creek Improvements $352,638.00

05-3090-707520-B Brush Creek Control E of Troost 397,362.00

TOTAL $750,000.00

Section 3. That the sum of $352,638.00 is hereby appropriated from the Unappropriated Fund Balance of the Capital Improvements Fund to the following account in the Capital Improvements Fund:

05-3090-807522-B Prospect Bridge Channel $750,000.00

Section 4. That the Director of Water Services is hereby authorized to expend $750,000.00 from funds previously appropriated to Account No. 05-3090-807522-B for the aforesaid Support Agreement No. 5 to the Memorandum of Agreement:

Section 5. That this ordinance makes an appropriation for the payment of current expenses of City government, it is hereby recognized to be an emergency measure within the provisions of Article II, Section 15 of the Charter and shall take effect in accordance with that section.

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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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Wanda Gunter

Acting Director of Finance

Approved as to form and legality:

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Mark P. Jones, P.E.

Assistant City Attorney