ORDINANCE NO. 050189

Approving and authorizing settlement of a lawsuit entitled Loch Sand and Construction Company v. City of Kansas City, Missouri, Case No. CV-103-899-CC; appropriating $1,600,000.00 from the Unappropriated Fund Balance of the Legal Expense Fund to the General Liability Claims account; and recognizing an emergency.

  BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

  Section 1. That the payment of the sum of $1,600,000.00 in settlement of the lawsuit styled Loch Sand and Construction Company v. City of Kansas City, Missouri, Case No. CV-103-899-CC as recommended by the City Attorney and the Risk Management Committee, is hereby approved.

  Section 2. That $1,600,000 is hereby appropriated from the Unappropriated Fund Balance of the Legal Expense Fund to the following account in the Legal Expense Fund:

 05-7010-131521-B General Liability Claims $1,600,000.00

  Section 3. That the City Attorney is hereby authorized to pay the sum of $1,600,000.00 in settlement of this lawsuit from funds heretofore appropriated in Account No. 05-7010-131521-B, General Liability Claims.

  Section 4. That this ordinance, making provision for the current expenses of municipal government, is recognized as an emergency measure within the provision of Section 15, Article II of the Charter of Kansas City and shall take 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.

  __________________________________

Wanda Gunter

Acting Director Finance

Approved as to form and legality:

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Douglas McMillan

Assistant City Attorney