ORDINANCE NO. 050909

Authorizing the Director of Water Services to execute a Memorandum of Agreement and Support Agreement Nos. 1 and 2 between the U.S. Army Corps of Engineers and the City of Kansas City, Missouri for Blue River Flood Control Flood Mitigation Project No. 89002232; authorizing the Director to expend $1,888,000.00 for the project; and authorizing the Director of Finance to return unexpended appropriations to the appropriate account.

WHEREAS, the City approved Ordinance No. 930567 on June 3, 1993, authorizing a Memorandum of Agreement with the U.S. Department of the Army for the engineering and design studies and construction management in connection with the Blue River Channel Improvement Project; and

WHEREAS, the City approved Ordinance No. 950976 on August 8, 1995, authorizing Amendment No. 1 to the previous agreement which increased the Citys obligation by $330,891.00 and required the City to provide the estimated construction cost of $7,035,000.00; and

WHEREAS, the City approved Ordinance No. 951193 on September 7, 1995, authorizing payment for the City's portion of construction included in the Blue River Flood Control Project from 12th Street to 19th Street; and

WHEREAS, the City approved Ordinance No. 011667 on December 13, 2001, authorizing payment for part of the City's portion of construction included in the Blue River Flood Control Project from Stadium Drive to Brush Creek; and

WHEREAS, the City approved Ordinance No. 020679 on June 20, 2002, authorizing payment for construction of infrastructure improvements associated with the Blue River Flood Control Project, including construction of Coal Mine Road and other related infrastructure improvements; and

WHEREAS, a new Memorandum of Agreement is needed which includes Support Agreement Nos. 1 and 2 as addendums for each set of specific alterations and relocations the City requests to be performed by the Corps of Engineers and which obligates the City to expend $1,350,000.00 for utility relocations and bridge demolition and $538,000.00 for infrastructure improvements; NOW, THEREFORE,

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 Memorandum of Agreement and $1,888,000.00 Support Agreement Nos. 1 and 2 between the U.S. Army Corps of Engineers and the City of Kansas City, Missouri for Blue River Flood Control Flood Mitigation Project No. 89002232, relating to the design of channel improvements to the utility corridor of the Blue Parkway Bridge as well as Blue Parkway, Hardesty Avenue and Manchester Trafficway intersection modifications, all in Kansas City, Jackson County, Missouri.

Section 2. That the Director of Water Services is authorized to expend up to the sum of $1,888,000.00 from funds previously appropriated in Account No. 06-3090-807737-B, Blue River Channel Improvement, to satisfy the cost of these contracts.

Section 3. That upon completion of the final costs of these contracts, the Director of Finance is hereby authorized to return the unexpended portion of this appropriation to the Unappropriated Fund Balance from which it was derived.

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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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Cecilia OConnor Abbott

Assistant City Attorney