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Legislation #: 010377 Introduction Date: 3/8/2001
Type: Ordinance Effective Date: 4/8/2001
Sponsor: None
Title: Declaring the City´s intent to reimburse itself in the 321 fund for capital improvement expenditures up to a maximum of $181,315.00 with bond proceeds; authorizing a $294,196.00 contract with Kincaid Construction, Inc., to construct sanitary sewer improvements for a project in the vicinity of N.E. 61st Street and N. Eugene Field Road and for a project in the vicinity of N.E. 60th Street and N. Eugene Field Road; adjusting appropriations by $325,215.00 for the projects; authorizing assessment of the costs against the properties benefitted; and recognizing an emergency.

Legislation History
DateMinutesDescription
3/8/2001

Prepare to Introduce

3/8/2001

Referred Operations Committee

3/14/2001

Hold On Agenda

3/28/2001

Advance and Do Pass

3/29/2001

Passed


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ORDINANCE NO. 010377

 

Declaring the Citys intent to reimburse itself in the 321 fund for capital improvement expenditures up to a maximum of $181,315.00 with bond proceeds; authorizing a $294,196.00 contract with Kincaid Construction, Inc., to construct sanitary sewer improvements for a project in the vicinity of N.E. 61st Street and N. Eugene Field Road and for a project in the vicinity of N.E. 60th Street and N. Eugene Field Road; adjusting appropriations by $325,215.00 for the projects; authorizing assessment of the costs against the properties benefitted; and recognizing an emergency.

 

WHEREAS, Kansas City, Missouri (the City) is a political subdivision organized and existing under the Constitution and the laws of the State of Missouri; and

 

WHEREAS, the City may have incurred obligations for certain expenditures within the last 60 days and expects to incur obligations for additional expenditures on and after the effective date of this ordinance, which have been or will be paid from the 321 Fund, an account maintained by the City for the purpose of funding capital improvement projects, from which funds will be used to pay certain construction engineering and administration costs (the Expenditures) for sanitary sewer projects numbers 3404 and 3412 (the Projects); and

 

WHEREAS, the City has determined that the funds to pay for these Expenditures in connection with the Projects are or will be available for a temporary period and it is necessary to reimburse the City for these Expenditures from the proceeds of certain general obligation bonds expected to be issued by the City in fiscal year 2002 (the Bonds); and

 

WHEREAS, there are no funds from sources other than the proceeds of the Bonds that are, or are reasonably expected to be reserved, allocated on a long-term basis, or otherwise set aside by the City pursuant to its budget or financial policy with respect to these Expenditures; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the City declares the intent to reimburse itself in the 321 Fund for Expenditures made within 60 days prior to or on and after the effective date of this ordinance with respect to the Projects with proceeds from the Bonds to be issued for the Projects up to a maximum of $181,315.00.

 

Section 2. That this Ordinance shall constitute a declaration of official intent under Treasury Regulation Section 1.150-2.

 

Section 3. That the Expenditures for which the City will reimburse itself in the 321 Fund pursuant to this Ordinance are original expenditures as defined in Treasury Regulation Section 1.150-2(c), which qualify under Treasury Regulation Section 1.150-02(d)(3).

 

Section 4. That the passage of this Ordinance is consistent with the budgetary and financial circumstances of the City.

 


Section 5. That for the work of constructing district lateral sanitary sewers to serve Sewer District 20012, Sewer Division 20, in the vicinity of N.E. 61st Street and N. Eugene Field Road, consisting of approximately 1,555 linear feet of 8 inch pipe sewer, 11 manholes, sodding, and other appurtenances, Project No. 3404, and district lateral sanitary sewers to serve Sewer District 20013, Sewer Division 20, in the vicinity of N.E. 60th Street and N. Eugene Field Road, consisting of approximately 2,235 linear feet of 8 inch pipe sewer, 12 manholes, 320 linear feet of 6 inch water main, sodding, pavement repair, and other appurtenances, Project No. 3412, all in Kansas City, Clay County, Missouri, as part of the Sanitary Sewer Bond Program in Council District 1, is hereby provided for and authorized.

 

Section 6. That the work shall be done in accordance with the plans, specifications and the contract therefor between Kansas City, Missouri, through its Director of Public Works and Kincaid Construction, Inc.,a Missouri Corporation, in the amount of $294,196.50, is hereby authorized to enter into and execute, on behalf of the City, a $294,196.50 contract with Kincaid Construction, Inc., which contract is hereby approved and confirmed. A copy of the contract is on file in the office of the Director of Public Works and is incorporated herein by reference.

 

Section 7. That the appropriation in the following account of the Sewer Special Assessment Bond Fund 1996 is hereby reduced in the following amount:

 

96-321-089-7742-T Sanitary Sewer Projects $181,315.00

 

Section 8. That the sum of $67,417.00 is appropriated from the Unappropriated Fund Balance of the Sewer Special Assessment Bond Fund 1996 to Project Account No. 01-321-089-6151-T and the Director of Public Works is hereby authorized to expend the following sums for the purposes appropriated:

 

To Account No. 01-321-089-6151-T the sum of $50,957.00 for construction;

To Account No. 01-321-089-6151-T the sum of $2,548.00 for contingent obligations;

To Account No. 01-321-089-6151-T the sum of $13,912.00 for engineering and supervision.

 

Section 9. That the sum of $113,898.00 is appropriated from the Unappropriated Fund Balance of the Sewer Special Assessment Bond Fund 1996 to Project Account No. 01-321-089-6152-T and the Director of Public Works is hereby authorized to expend the following sums for the purposes appropriated:

 

To Account No. 01-321-089-6152-T the sum of $86,091.25 for construction;

To Account No. 01-321-089-6152-T the sum of $4,304.75 for contingent obligations;

To Account No. 01-321-089-6152-T the sum of $23,503.00 for engineering and supervision.

 

Section 10. That the Director of Water Services is hereby authorized to expend up to the sum of $20,650.00 from funds previously appropriated to Account No. 01-801-080-7701-T to satisfy the cost of the adjustment of water facilities necessitated by the 60th and 61st Streets and N. Eugene Field Road projects.

 

Section 11. That the appropriation in the 1999A SRF Bonds for Water Services Fund is hereby reduced by the following amount:

 

99-814-080-7790-T Sewer $100,000.00

 

Section 12. That the sum of $100,000.00 is hereby appropriated from the Unappropriated Fund Balance of the 1999A SRF Sewer Revenue Bond Fund to the following account:

 

01-814-080-7170-T Infill Sewer N. Eugene Field Road $100,000.00

 

Section 13. That the appropriation in the 2000B SRF Sewer Revenue Bond Fund is hereby reduced by the following amount:

 

00-872-080-7790-T Sewer $ 43,900.00

 

Section 14. That the sum of $43,900.00 is hereby appropriated from the Unappropriated Fund Balance of the 2000B SRF Sewer Revenue Bond Fund to the following account:

 

01-872-080-7170-T Infill Sewer N. Eugene Field Road $ 43,900.00

 

Section 15. That the Director of Water Services is hereby authorized to expend up to the total sum of $143,900.00 in Sewer Revenue Bond funds to satisfy the cost of the Water Services Department portion of the sewer costs for the projects.

 

Section 16. That upon completion of the final costs of the projects, the Director of Finance is hereby authorized to return the unexpended portion of this Sewer Revenue Bond Fund appropriation to the Unappropriated Fund Balance from which it was derived.

 

Section 17. That the special assessments for 50% of the total construction cost of the sewer improvements plus 13% of the total construction cost of the sewer improvements for engineering and administration are hereby authorized to be made and levied upon the lands within Sewer District Nos. 20012 through 20013 according to the area rule and according to the provisions of Article VIII, Sections 262 and 278 of the Charter 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 returned to and become a part of the said Fund. The said tax bills shall be made payable in fifteen annual installments at such times and with such effect as is provided in Article VIII of the Kansas City Charter. The 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 18. 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 said section.

 

_____________________________________________

 

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.

 

 

___________________________________

Director of Finance

 

Approved as to form and legality:

 

 

___________________________________

Assistant City Attorney