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Legislation #: 120398 Introduction Date: 4/26/2012
Type: Ordinance Effective Date: 5/3/2012
Sponsor: None
Title: Approving and authorizing settlement of a claim by 911 E. Walnut, LLC, Claim No. T1112-0695A; and recognizing an emergency.

Legislation History
4/25/2012 Filed by the Clerk's office
4/26/2012 Referred to Finance, Governance & Ethics Committee
5/2/2012 Advance and Do Pass, Consent
5/3/2012 Passed

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Approving and authorizing settlement of a claim by 911 E. Walnut, LLC, Claim No. T1112-0695A; and recognizing an emergency.



WHEREAS, on October 13, 2011, a water main burst causing property damage to 911 E. Walnut, LLC's property; and


WHEREAS, the City Council passed Ordinance No. 120041, which authorized the initial settlement of a claim by 911 E. Walnut, LLC; and


WHEREAS, it has become necessary to pay an additional $87,141.71 which would cause the total expenditures on this claim to be $261,562.42, the City Council's approval is necessary to pay this amount; NOW, THEREFORE,




Section 1. That the payment of the additional amount of $87,141.71 for a total claim amount of $261,562.42 in settlement of the claim of 911 E. Walnut, LLC, Claim No. T1112-0695A ,as recommended by the City Attorney and the Risk Management Committee, is hereby approved.


Section 2. That the City Attorney is hereby authorized to pay the additional sum of $87,141.71 in settlement of this claim from funds previously appropriated in Account No. 12-1010-131521-B, General Liability Claims.


Section 3. That this ordinance, relating to the payment of claims from appropriations made for fiscal year 2011-2012, constitutes a current expense of the City, is recognized as an emergency measure within the provisions of Section 503 of the City Charter and shall take effect in accordance with that 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.




Randall J. Landes

Director of Finance



Approved as to form and legality:




Alisa N. Lynch

Assistant City Attorney