ORDINANCE NO. 080247

Approving recommendations of the Arterial Street Impact Fee Committee; transferring appropriations in the Arterial Street Impact Fee Fund; authorizing the transfer of $250,000.00 in the Capital Improvements Funds from a Public Works Department Project Account to a City Development Department Project Account for the purpose of fulfilling an obligation of a Cooperative Agreement; and designating requisitioning authority.

WHEREAS, the Arterial Street Impact Fee Committee on February 7, 2008 recommended to the City Council the project allocation in the Impact Fee District D: $250,000.00 for construction of North Brighton Rd. from Vivion Rd. to Pleasant Valley Rd.; and

WHEREAS, by Ordinance NO. 050061 on February 20, 2005 the North Kansas City School District (the District), the City of Kansas City, Missouri (the City) and FedEx Ground Package System, Inc. (FedEx Ground), entered into a Cooperative Agreement (the Agreement); and

WHEREAS, a stipulation of the Agreement required the City to pay FedEx Ground Two Hundred Fifty Thousand Dollars ($250,000.00) (the City Contribution) as reimbursement of certain costs incurred by FedEx Ground in connection with the construction of Northeast 40th Street, from Kimball Drive to Norfleet Road, approximately 3,926 feet, to collector street standards, upon completion and Public Works Inspection; and

WHEREAS, the City initially intended on issuing funds from Arterial Street Impact Fee District D to cover the City Contribution for Northeast 40th Street but it was later discovered that Northeast 40th Street is not classified as an arterial street in the Citys Major Street Plan and is therefore not eligible for Impact Fee funding; and

WHEREAS, to fulfill the obligation of the Cooperative Agreement the City identified an active project in Arterial Street Impact District D that is funded with Capital Improvement funds and eligible for Arterial Street Impact funding, 08-3090-898811-B-89002675, N. Brighton Vivion to Pleasant Valley Road, with the intent of transferring Capital Improvement funds from Project Account 08-3090-898811-B-89002675, N. Brighton Vivion to Pleasant Valley Road, to Project Account 08-3090-648811-B-64008502, NE 40th Kimball to Norfleet, and applying an equal amount of Arterial Street Impact Fee funding back to Project Account 08-3090-898811-B-89002675, N. Brighton Vivion to Pleasant Valley Road; NOW, THEREFORE,  

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the sum of $250,000.00 is hereby appropriated from the Unappropriated Fund Balance of the Arterial Street Impact Fee Fund to the following account:

08-2430-898811-B N. Brighton to Pleasant Valley Rd $250,000.00

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

08-3090-898811-B N. Brighton to Pleasant Valley Rd $250,000.00

Section 3. That the sum of $250,000.00 is hereby appropriated from the Unappropriated Fund Balance of the Capital Improvements Fund to the following account:

08-3090-648811-B NE 40th Kimball to Norfleet $250,000.00

Section 4. That City Development is designated requisitioning authority for Account No. 08-3090-648811.

Section 5. That the Department of Public Works is designated requisitioning authority for Account No. 08-2430-898811.

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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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Brian T. Rabineau
Assistant City Attorney