ORDINANCE NO. 941554

Authorizing a $95,008.00 contract with Wilson Plumbing Company for constructing a joint district sanitary sewer and district lateral sanitary sewers in the vicinity of East 50th Street and Byram's Ford Road; appropriating $77,694.00 to fund the project; authorizing the Director of Public Works to expend $118,094.00 therefor; authorizing special assessments to be levied upon benefiting lands to provide for the cost of such sewer improvements; and recognizing an emergency.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the work of constructing a joint district sanitary sewer to serve Sewer Districts 10044 and 10056 and constructing district lateral sanitary sewers to serve Sewer District No. 10044, in the vicinity of East 50th Street and Byram's Ford Road, consisting of approximately one thousand one hundred thirty-six (1,136) linear feet of eight (8) inch pipe sewer, seven (7) manholes, sodding, pavement repair, and other necessary appurtenances all in Kansas City, Jackson County, Missouri, as part of the sanitary sewer bond program, Project No. 3401, 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 Wilson Plumbing Company, a Missouri corporation, in the amount of $95,008.00, 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 3. That the sum of $77,694.00 is hereby appropriated from the Unappropriated Fund Balance of the Sewer Special Assessment Bond Fund to the following account in the Sewer Special Assessment Bond Fund:

95-301-089-7565 E. 50th Street and Byram's $77,694.00 Ford Road

Section 4. That the Director of Public Works is hereby authorized to expend the sum of $118,094.00 from funds hereto appropriated to Account Nos.:

95-309-089-6503-T Special Projects - CD5 $ 40,400.00 95-301-089-7565-T Sewers E. 50th Street & Byram's 77,694.00 Ford Road

TOTAL $118,094.00

as and for consideration in the aforesaid contract and for contingencies and engineering associated therewith.

Section 5. That special assessments for the cost of the sewer improvement less $40,400.00 are hereby authorized to be made and levied upon the lands within Sewer Districts 10044 and 10056, according to the area rule and according to the provisions of Article VIII, Section 262 and 278 of the Charter of Kansas City, relating thereto. Special tax bills evidencing the amount of such assessments shall be issued to Kansas City and shall be credited to 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 6. 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