ORDINANCE NO. 021040

Authorizing a $60,501.60 contract with Banderas Construction, Inc., for reconstructing sidewalks, curbs, driveway entrances, and appurtenances all along Cypress from 33rd Street to 34th Street; reducing an appropriation and appropriating $7,801.00 from the Revolving Public Improvement Fund; authorizing expenditure of $3,200.00 for the adjustments of water facilities necessitated by the project; authorizing assessment of the costs against the properties benefitted; 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 Cypress from 33rd Street to 34th Street, as part of the Public Improvements Tax Year 18 projects in Council District 3, Kansas City, Jackson County, Missouri, Project No. 6931, 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 Banderas Construction, Inc., a foreign corporation, in the amount of $60,501.60, 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. 03-319-089-7763-T is hereby reduced in the amount of $7,801.00.

Section 4. That the sum of $7,801.00 is appropriated from the Unappropriated Fund Balance of the Revolving Public Improvement Fund to Project Account No. 03-319-089-6387-T.

Section 5. That the Director of Public Works is hereby authorized to expend the following sums for the purposes appropriated:

To Account No. 03-319-089-6387-T the sum of $4,225.00 for construction;

To Account No. 03-319-089-6387-T the sum of $2,500.00 for contingent obligations;

To Account No. 03-319-089-6387-T the sum of $1,009.00 for engineering and supervision;

To Account No. 03-319-089-6387-T the sum of $67.00 for administration;

Section 6. 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 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 7. That funding in the amount of $3,200.00 for the adjustments of water facilities necessitated by the Cypress from 33rd Street to 34th Street project and included in the contract therefor, will be provided from Water Fund Account No. 03-801-080-7701-T.

Section 8. 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