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Legislation #: 970393 Introduction Date: 3/27/1997
Type: Ordinance Effective Date: 4/3/1997
Sponsor: None
Title: Authorizing a $1,028,008.00 contract with Meyers Company, Inc., for constructing a sanitary sewer in the vicinity of N.E. 62nd Street and Drury Avenue; reducing appropriations by $1,196,870.00; appropriating said sum to the Sewer Special Assessment Bond Fund and authorizing the Director of Public Works to expend said sum for the purposes appropriated; authorizing assessment of the costs against the properties benefited; authorizing a First Supplement to Agreement No. 930089 with Shafer, Kline _ Warren, Inc., in the amount of $15,500.00 for engineering inspection during construction; and recognizing an emergency.

Legislation History
DateMinutesDescription
3/27/1997

Prepare to Introduce

3/27/1997

Referred City Operations Committee

4/2/1997

Advance and Do Pass

4/3/1997

Passed


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ORDINANCE NO. 970393

 

Authorizing a $1,028,008.00 contract with Meyers Company, Inc., for constructing a sanitary sewer in the vicinity of N.E. 62nd Street and Drury Avenue; reducing appropriations by $1,196,870.00; appropriating said sum to the Sewer Special Assessment Bond Fund and authorizing the Director of Public Works to expend said sum for the purposes appropriated; authorizing assessment of the costs against the properties benefited; authorizing a First Supplement to Agreement No. 930089 with Shafer, Kline & Warren, Inc., in the amount of $15,500.00 for engineering inspection during construction; and recognizing an emergency.

 

WHEREAS, the City of 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 certain expenditures within the last 60 days and expects to incur certain expenditures on and after the date hereof (the "Expenditures") which have been or will be paid from the 321 Fund, an account maintained by the City for the purpose of funding sanitary sewer projects, which Expenditures will be used to pay certain construction, engineering and administration costs for State Revolving Fund Program (the "Projects"); and

 

WHEREAS, the City has determined that the funds to be used to pay these Expenditures with respect to 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 1997 (the "Bonds"); and

 

WHEREAS, as of the date hereof, 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 of the City to reimburse itself for certain Expenditures made within 60 days prior to or on and after the date hereof with respect to the Projects with proceeds of the Bonds. The maximum amount of proceeds expected from the Bonds to be issued for the Projects is $2,000,000.00.

 

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 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 the work of constructing a sanitary sewer in the vicinity of N.E. 62nd Street and Drury Avenue consisting of approximately 404 linear feet of fifteen inch pipe; 14,592 linear feet of eight inch pipe; 91 manholes; and other appurtenances in the First Council District in Kansas City, Clay County, Missouri, Project No. 3335, is hereby provided for and authorized.

 

Section 6. 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 Meyers Company, Inc., a foreign corporation, in the amount of $1,028,008.00, 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 Assessments Bond Fund 1996, is hereby reduced in the following amount:

 

96-321-089-7742-T Sanitary Sewer Projects $1,196,870.00

 

Section 8. That the sum of $1,196,870.00 is appropriated from the Unappropriated Fund Balance of the Sewer Special Assessment Bond Fund to Project Account No. 97-321-089-7179-T, to be used within that account as follows:

 

To Account No. 97-321-089-7179-T the sum of $1,028,008.00 for construction; To Account No. 97-321-089-7179-T the sum of $111,868.00 for contingent obligations; To Account No. 97-321-089-7179-T the sum of $56,994.00 for engineering and supervision;

 

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

 

Section 9. That the Director of Public Works is hereby authorized to execute a First Supplement to Agreement No. 930089 with Shafer, Kline & Warren, Inc., in the amount of $15,500.00, for engineering inspection during construction. A copy of the said contract is attached hereto and incorporated herein by reference.

 

Section 10. That special assessments for the cost of the sewer improvement are hereby authorized to be made and levied upon the lands within Sewer District Nos. 20006 through 20009 according to the area rule and according to the provisions of Article VIII, Sections 262 and 278 of the Charter of Kansas City, relating thereof. 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 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 11. That since the cost of 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.

 

_____________________________________________

 

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