ORDINANCE NO. 060635

Authorizing reconstruction of sidewalks, curbs, driveway entrances, and appurtenances various streets in Council District 4; reducing and appropriating $510,522.00 from the Revolving Public Improvement Fund; authorizing the Director of Public Works to expend $510,522.00 for the project; authorizing assessment of the costs against the properties benefitted; and recognizing an emergency.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the work of reconstructing portland cement concrete sidewalks, curbs, driveway entrances and appurtenances, as part of Public Improvements Program, all CD4 Projects, Kansas City, Jackson County, Missouri, on the following project is hereby provided for and authorized:

Project No. 60033, Morningside from Walnut to Grand CD4

Project No. 60042, Jefferson from 65th Street to 66th Terrace CD4

Project No. 60044, 68th Street from Wornall to Pennsylvania CD4

Project No. 60070, Cherry from 58th Street to 59th Street CD4

Project No. 60075, Edgevale from 67th Terrace to 68th Terrace CD4

Project No. 60104, 58th Street from Wornall to Pennsylvania CD4

Section 2. That the appropriation in the Revolving Public Improvement Fund, Account No. 07-3190-897763-B is hereby reduced in the amount of $510,522.00

Section 3. That the sum of $42,159.00 is appropriated from the Unappropriated Fund Balance of the Revolving Public Improvement Fund to Project Account No. 06-3190-898407-B, Morningside from Walnut to Grand, to be used within that account as follows:

To Account No. 07-3190-898407-B the sum of $33,040.00 for construction;

To Account No. 07-3190-898407-B the sum of $3,304.00 for contingent obligations;

To Account No. 07-3190-898407-B the sum of $5,452.00 for engineering and supervision;

To Account No. 07-3190-898407-B the sum of $363.00 for administration;

and the Director of Public Works is hereby authorized to expend said sums for the purposes appropriated.

Section 4. That the sum of $106,525.00 is appropriated from the Unappropriated Fund Balance of the Revolving Public Improvement Fund to Project Account No. 06-3190-898407-B, Jefferson from 65th Street to 66th Terrace, to be used within that account as follows:

To Account No. 07-3190-898407-B the sum of $83,484.00 for construction;

To Account No. 07-3190-898407-B the sum of $8,348.00 for contingent obligations;

To Account No. 07-3190-898407-B the sum of $13,775.00 for engineering and supervision;

To Account No. 07-3190-898407-B the sum of $918.00 for administration;

and the Director of Public Works is hereby authorized to expend said sums for the purposes appropriated.

Section 5. That the sum of $106,525.00 is appropriated from the Unappropriated Fund Balance of the Revolving Public Improvement Fund to Project Account No. 06-3190-898407-B, 68th Street from Wornall to Pennsylvania, to be used within that account as follows:

To Account No. 07-3190-898407-B the sum of $83,484.00 for construction;

To Account No. 07-3190-898407-B the sum of $8,348.00 for contingent obligations;

To Account No. 07-3190-898407-B the sum of $13,775.00 for engineering and supervision;

To Account No. 07-3190-898407-B the sum of $918.00 for administration;

and the Director of Public Works is hereby authorized to expend said sums for the purposes appropriated.

Section 6. That the sum of $97,269.00 is appropriated from the Unappropriated Fund Balance of the Revolving Public Improvement Fund to Project Account No. 06-3190-898407-B, Cherry from 58th Street to 59th Street, to be used within that account as follows:

To Account No. 07-3190-898407-B the sum of $76,229.00 for construction;

To Account No. 07-3190-898407-B the sum of $7,623.00 for contingent obligations;

To Account No. 07-3190-898407-B the sum of $12,578.00 for engineering and supervision;

To Account No. 07-3190-898407-B the sum of $839.00 for administration;

and the Director of Public Works is hereby authorized to expend said sums for the purposes appropriated.

Section 7. That the sum of $79,573.00 is appropriated from the Unappropriated Fund Balance of the Revolving Public Improvement Fund to Project Account No. 06-3190-898407-B, Edgevale from 67th Terrace to 68th Terrace, to be used within that account as follows:

To Account No. 07-3190-898407-B the sum of $62,361.00 for construction;

To Account No. 07-3190-898407-B the sum of $6,236.00 for contingent obligations;

To Account No. 07-3190-898407-B the sum of $10,290.00 for engineering and supervision;

To Account No. 07-3190-898407-B the sum of $686.00 for administration;

and the Director of Public Works is hereby authorized to expend said sums for the purposes appropriated.

Section 8. That the sum of $78,471.00 is appropriated from the Unappropriated Fund Balance of the Revolving Public Improvement Fund to Project Account No. 06-3190-898407-B, 58th Street from Wornall to Pennsylvania, to be used within that account as follows:

To Account No. 07-3190-898407-B the sum of $61,498.00 for construction;

To Account No. 07-3190-898407-B the sum of $6,150.00 for contingent obligations;

To Account No. 07-3190-898407-B the sum of $10,147.00 for engineering and supervision;

To Account No. 07-3190-898407-B the sum of $676.00 for administration;

and the Director of Public Works is hereby authorized to expend said sums for the purposes appropriated:

Section 9. That special assessments are hereby authorized to be made and levied upon the lands fronting and abutting on the above improvements in accordance with Kansas City Charter Section 263 for 80% of the costs relating to the replacement of sidewalks, curbs, driveway entrances, asphalt pavements and appurtenances condemned pursuant to said Section 263. Special tax bills evidencing the amount of such assessments shall be issued to Kansas City and shall be credited to the said Revolving Public Improvements Fund and, when collected, the proceeds thereof shall be returned to and become a part of the said Fund. The said tax bills shall be made payable in six annual installments at such times and with such effect as is provided in Article VIII of the Kansas City Charter. 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 10. That since the public improvement provided for herein is to be paid in part by special assessments this ordinance is 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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Debra R. Hinsvark

Director of Finance

Approved as to form and legality:

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Mark P. Jones

Assistant City Attorney