ORDINANCE NO. 110912
Abating a certain special
assessment and accrued interest for curb and sidewalk improvements at 6515
Roberts Street on the condition that the property owner grants a full release
of any claim against the City of Kansas City, Missouri for property damage.
WHEREAS, in
March 2006, the Public Works Department replaced out-of-repair curbs and
sidewalks at multiple locations, including 6515 Robert Street (the “property”);
and
WHEREAS, in
September 2006, the Water Services Department removed a portion of the new
curbs and sidewalks constructed by the Public Works Department at the property
to install a new 54” water transmission line; and
WHEREAS, in
April 2007, the costs of the work performed by the Public Works Department was
assessed against the property in the amount of $13,116.47; and
WHEREAS, the
property owner had been cooperating with the City since 2003 and had conveyed
the easements needed for the Water Services Department’s project and was to
receive the new curbs and sidewalks at no expense to the property owner as part
of that project; and
WHEREAS, but for
a miscommunication between the respective City departments, the work assessed
by the Public Works Department would not have occurred when it did; and
WHEREAS, the
City obligated itself to repave a certain parking area at the property as part
of the Water Services Department’s project; and
WHEREAS, the
parking area is damaged and there is a dispute as to whether the City completed
the agreed upon repairs, or completed them properly; and
WHEREAS, the
City and the property owner have agreed to settle their disputes; and
WHEREAS, doing
so on the terms approved herein is in the public benefit; NOW, THEREFORE,
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section 1. That
the special assessment for curb and sidewalk improvements issued against 6515
Roberts Street on April 1, 2007 in the principal amount of $13,116.47, and all
interest that may have accrued thereon (approximately $3,982.76 as of October
4, 2011), shall be abated upon the receipt of a release in favor of the City of
any and all claims that the property owner might assert against the City for
and arising out of any property damage at the parking area that the City
obligated itself to repave.
______________________________________________
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.
___________________________________
Randall
J. Landes
Director
of Finance
Approved
as to form and legality:
___________________________________
Brian
R. Rabineau
Assistant
City Attorney