ORDINANCE NO. 970767

Authorizing a $78,134.20 contract with Daniels Construction Co., for reconstructing sidewalks, curbs, driveway entrances, and appurtenances all along Bales Avenue from 38th Street to 39th Street; adjusting appropriations by $11,665.00; authorizing assessment of the costs against the properties benefited; authorizing expenditure of $1,500.00 for adjustments of water facilities necessitated by the construction; authorizing the Director of Public Works to expend $94,985.00 in previously appropriated funds for the project; appropriating $174.00 to the Youth Employment Fund; 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, all along Bales Avenue from 38th Street to 39th Street, as part of the Public Improvements Tax Year 12 Projects in Council District 3, Kansas City, Jackson County, Missouri, Project No. 6639, is hereby provided for and authorized.

Section 2. That the work shall be done in accordance with the plans, specifications and the contract therefore between Kansas City, Missouri, through its Director of Public Works, and Daniels Construction Company, an individual, in the amount of $78,134.20, 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 3. That the appropriation in the Revolving Public Improvement Fund, Account No. 98-319-089-7763-T is hereby reduced in the amount of $11,665.00.

Section 4. That the sum of $11,665.00 is appropriated from the Unappropriated Fund Balance of the Revolving Public Improvement Fund to Project Account No. 98-319-089-6320-T, to be used within that account as follows:

To Account No. 98-319-089-6320-T the sum of $8,555.25 for construction; To Account No. 98-319-089-6320-T the sum of $1,500.75 for contingent obligations; To Account No. 98-319-089-6320-T the sum of $1,508.00 for engineering and supervision; To Account No. 98-319-089-6320-T the sum of $101.00 for administration;

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

Section 5. That special assessments are hereby authorized to be made and levied upon the lands fronting and abutting on the above improvement in accordance with Kansas City Charter Section 286 for costs relating to the replacement of sidewalks, curbs, driveway entrances, asphalt pavements and appurtenances condemned pursuant to said Section 286. 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 6. That funding in the amount of $1,500.00 for the adjustments of water facilities necessitated by the curb and sidewalk project and included in the contract therefor, will be provided from Water Fund Account No. 98-801-080-7701-T.

Section 7. That the Director of Public Works is hereby authorized to expend the sum of $94,985.00 from funds heretofore appropriated to Account No. 98-309-089-6306-T as and for the balance of consideration in the aforesaid contract and engineering, administration and inspection in connection therewith.

Section 8. That the appropriation in the following account of the Capital Improvement Fund is hereby reduced by the following amount:

98-309-089-6306-T Curb and Sidewalk Construction - CD3 $174.00

Section 9. That the sum of $174.00 is hereby appropriated from the Unappropriated Fund Balance of the Capital Improvement Fund to the following account in the Capital Improvement Fund:

98-309-012-9089-B Transfer to Youth Employment Fund $174.00

Section 10. That the revenue in the following account of the Youth Employment Fund is hereby reestimated in the following additional amount:

98-244-089-9202 Transfer from Capital Improvement Fund $174.00

Section 11. That the sum of $174.00 is hereby appropriated from the Unappropriated Fund Balance of the Youth Employment Fund to the following account in the Youth Employment Fund:

98-244-089-7004-T Quarter Percent for Youth Employment Fund $174.00

Section 12. That the Director of Finance is hereby authorized to transfer $174.00 from the Capital Improvement Fund to the Youth Employment Fund.

Section 13. 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 immediately upon passage.

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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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Director of Finance

Approved as to form and legality:

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Assistant City Attorney