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Legislation #: 951468 Introduction Date: 11/2/1995
Type: Ordinance Effective Date: 11/21/1995
Sponsor: None
Title: Declaring the official intent of the City to reimburse itself for certain expenditures made for sanitary sewer projects pursuant to United States Treasury Regulation 1.150-2 and authorizing a $459,258.00 contract with Beemer Construction Co. for the construction of sanitary sewers in the vicinity of N. Indiana Avenue and Missouri Highway 152; adjusting appropriations by $570,650.00; authorizing the Director of Public Works to expend $570,650.00 in previously appropriated funds for the project; and recognizing an emergency.

Legislation History
DateMinutesDescription
11/2/1995

Prepare to Introduce

11/8/1995

Do Pass

11/2/1995

Referred City Operations Committee

11/9/1995

Assigned to Third Read Calendar

11/16/1995

Held on Docket

11/21/1995

Passed


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ORDINANCE NO. 951468

 

Declaring the official intent of the City to reimburse itself for certain expenditures made for sanitary sewer projects pursuant to United States Treasury Regulation 1.150-2 and authorizing a $459,258.00 contract with Beemer Construction Co. for the construction of sanitary sewers in the vicinity of N. Indiana Avenue and Missouri Highway 152; adjusting appropriations by $570,650.00; authorizing the Director of Public Works to expend $570,650.00 in previously appropriated funds for the project; 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 309 Fund, an account maintained by the City for the purpose of funding capital improvement projects; which Expenditures will be used to pay certain construction, engineering and administration costs for Sanitary Sewer Projects (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 1996 (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 $1,200,000.00.

 

Section 2. That this resolution 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 Resolution are "original expenditures," as defined in Treasury Regulation Section 1.150-2(c), which qualify under Treasury Regulation Section 1.150-2(d)(3).

 

Section 4. That the adoption of this resolution is consistent with the budgetary and financial circumstances of the City.

 

Section 5. That the work of constructing joint district sanitary sewers to serve Sewer District No. 22039 thru 22044 in the vicinity of N. Indiana and Missouri State Highway 152. The joint district sewer consists of approximately two thousand one hundred sixty (2,160) linear feet of eight (8) inch pipe sewer, eleven (11) manholes, and other necessary appurtenances and work, and lateral sanitary sewers to serve Sewer District Nos. 22040, 22041, 22043 and 22044 consisting of approximately six thousand one hundred eighty-six (6,186) linear feet of eight (8) inch pipe sewer, thirty-four (34) manholes, and other necessary appurtenances and work, all in Kansas City, Clay County, Missouri, as part of the Sanitary Sewer Bond Program, in Council District 2, Project No. 3493, 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 Beemer Construction Co., a Missouri corporation, in the amount of $459,258.00, 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 Capital Improvements Fund is hereby reduced by the following amount:

 

96-309-089-7306-T 23rd Street Viaduct over Blue River $570,650.00

 

Section 8. That the sum of $570,650.00 is hereby appropriated from the Unappropriated Fund Balance of the Capital Improvements Fund to the following account in the Capital Improvements Fund:

 

96-309-012-9031-T Contribution to the Sewer Special Assessment $570,650.00 Bond Fund

 

Section 9. That the Director of Finance is hereby designated as requisitioning authority for Account No. 96-309-012-9031 and is authorized to transfer the sum of $570,650.00 from the Capital Improvements Fund to the Sewer Special Assessment Bond Fund.

 

Section 10. That the revenue in the following account of the Sewer Special Assessment Bond Fund is hereby estimated in the following amount:

 

96-301-012-9202 Transfer from Capital Improvements Fund $570,650.00

 

Section 11. That the sum of $570,650.00 is appropriated from the Unappropriated Fund Balance of the Sewer Special Assessment Bond Fund to Project Account No. 96-301-089-7180-T, to be used within that account as follows:

 

To Account No. 96-301-089-7180-T the sum of $459,258.00 for construction; To Account No. 96-301-089-7180-T the sum of $45,742.00 for contingent obligations; To Account No. 96-301-089-7180-T the sum of $60,600.00 for engineering and supervision; To Account No. 96-301-089-7180-T the sum of $5,050.00 for administration;

 

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

 

Section 12. 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. 22039 and 22044 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 13. 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