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Legislation #: 001019 Introduction Date: 7/27/2000
Type: Ordinance Effective Date: 8/20/2000
Sponsor: None
Title: Authorizing repayment to Kansas City Power _ Light Company of $31,277.14 representing reimbursement of an improper payment to the City of gross receipts taxes on work done by Custom Lighting Services LLC on the City´s street light project from 1997 through 2000, and appropriating money from the unappropriated fund balance for payment.

Legislation History
DateMinutesDescription
7/26/2000

Prepare to Introduce

7/27/2000

Referred Operations Committee

8/2/2000

Do Pass

8/3/2000

Assigned to Third Read Calendar

8/10/2000

Passed


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ORDINANCE NO. 001019

 

Authorizing repayment to Kansas City Power & Light Company of $31,277.14 representing reimbursement of an improper payment to the City of gross receipts taxes on work done by Custom Lighting Services LLC on the Citys street light project from 1997 through 2000, and appropriating money from the unappropriated fund balance for payment.

 

WHEREAS, the following provision of the street light agreement between the City and Kansas City Power & Light Company controls improper tax payments:

 

The City agrees to waive all taxes (excluding earnings profits tax) imposed by the City on the transactions contemplated in this Agreement. This waiver includes but is not limited to sales, use, and gross receipts taxes. In the event such taxes are not waived for any reason, the City agrees to reimburse the Company for any such taxes paid. The City agrees to provide to the Company a project exemption certificate and/or any other documentation necessary to establish the exemption.

 

WHEREAS, Custom Lighting Services paid $31,277.14 to the City representing gross receipts taxes from work done on the Citys street light project; and

 

WHEREAS, KCP&L has reimbursed Custom Lighting Services for that payment which was not required as a result of the Citys street light agreement with KCP&L; and

 

WHEREAS, because the payments were made over several years money received for these improper payments, and now required to be paid to KCP&L as a matter of contract, have been included in the fund balance for those years funds; NOW, THEREFORE

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That $31,277.14 is appropriated from the Unappropriated Fund Balance of the General Fund to the following account within the General Fund:

 

01-100-012-9140-B Refunds of Prior Years Revenues $31,277.14

 

Section 2. That in compliance with Article 12 of the Street Light Agreement authorized by Ordinance No. 961654 passed January 23, 1997, the City will return the sum of $31,277.14, payable from Account No. 01-100-012-9140-B, to Kansas City Power & Light Company, representing the return of an improper payment of gross receipt taxes, by contract not required to be paid to the City for work done on the street light project.

 

__________________________________________

 

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