ORDINANCE NO. 080146

Authorizing a $404,016.00 contract with Dennis Johnson Construction, Inc., for Project No. 89003668, 59th Street and Norfleet sanitary sewer improvements; authorizing the City Manager to amend and increase this contract by up to $40,402.00; authorizing the City Manager to expend $444,418.00 for the contract; assessing the properties benefited; and recognizing an emergency.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the City Manager is hereby authorized to execute, on behalf of the City, a $404,016.00 contract with Dennis Johnson Construction, Inc., for construction services for Project No.89003668, 59th Street and Norfleet. A copy of the contract is on file in the Capital Improvements Management Office.

Section 2. That the City Manager is hereby authorized to amend this contract and to increase the amount of the contract in an amount not to exceed $40,402.00 without further City Council approval.

Section 3. That the City Manager is authorized to expend the sum of $444,418.00 from funds previously appropriated to the following accounts:

08-3010-808885-B Water and Sewer CD5 $222,209.00

AL-3391-808885-B Water and Sewer CD5 222,209.00

TOTAL $444,418.00

Section 4. That the special assessments for 50% of total construction cost of the sewer extension plus 25% of the total construction cost of the sewer extension for engineering and administration are hereby authorized to be made and levied upon the benefited properties within Sewer District No. 13051 according to the provision of Article II, Division II, Section 60-44. Rules for apportioning assessments, and Section 60-45.Cost of district sewers, how apportioned, all in Chapter 60, Code of Ordinances of Kansas City, relating thereto. Special tax bills evidencing the amount of such assessments shall be issued to Kansas City and shall be credited to the Sewer Special Assessment Fund and, when collected, the proceeds thereof shall be made payable in fifteen annual installments. The said special assessments shall bear interest at a rate per annum equal to the rate of ten year United States Treasury Notes as established at the last auction before the assessment is certified to the Director of Finance. If delinquent, said special assessments shall bear interest at a rate per annum two percent higher than the interest rate on assessments which are not delinquent.

Section 5. That this ordinance, relating to the design, repair, maintenance or construction of a public improvement, is recognized as an emergency measure within the provisions of Section 503 of the City 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 J. Gunter Acting Director of Finance

Approved as to form and legality:

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Nelson V. Munoz

Assistant City Attorney