ORDINANCE NO. 160696

Estimating and appropriating $3,100,000.00 from the Unappropriated Fund Balance of the City Legal Expense Fund; authorizing the City Attorney to pay the Commissioners’ Award for the condemnation of 6101 East 87th Street; and recognizing this ordinance as having an accelerated effective date.

WHEREAS, on or about February 20, 2015, the City executed an agreement with Cerner Property Development, Inc. for services and related expenses related to the acquisition of a parcel of real property commonly known as 6101 East 87th Street (a/k/a 6101 and 6105 East 87th Street) in Jackson County, Kansas City, Missouri, for the public purpose of clearing blight within the project area added by the First Amended Bannister and I-435 Tax Increment Financing Plan as designated by the City Council with its passage of Ordinance No. 140594, which the City Council passed on August 14, 2014; and

WHEREAS, the City filed a proceeding to condemn 6101 East 87th Street (a/k/a 6101 and 6105 East 87th Street) in Jackson County, Missouri Circuit Court styled City of Kansas City, Missouri v. Mukhi Hospitality Group, LLC, et al. (Case No. 1616-CV04050) pursuant to the Council’s authorization to do so provided in Committee Substitute for Ordinance No. 150391; and

WHEREAS, on August 29, 2016, the Commissioners in the above condemnation proceeding returned, and the Circuit Court accepted, their Report of Commissioners awarding, as the compensation that the City must pay for the taking of 6101 East 87th Street, the sum of Three Million One Hundred Thousand and No/100 Dollars ($3,100,000.00), which sum must be paid into court within 30 days of the date of the Court’s acceptance of the Report of Commissioners: and

WHEREAS, pursuant to the above agreement, Cerner Property Development, Inc., has agreed to pay the amount of the Commissioners’ Award to the City; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the revenue in the following account of the City Legal Expense Fund is hereby estimated in the following amount:

17-1010-130000-480180 Contribution $3,100,000.00

Section 2. That the sum of $3,100,000.00 is hereby appropriated from the Unappropriated Fund Balance of the City Legal Expense Fund to the following account in the City Legal Expense Fund:

17-1010-131602-B Condemnation-6101 East 87th Street $3,100,000.00

Section 3. That the City Attorney is hereby authorized to pay the sum of $3,100,000.00 into the Circuit Court of Jackson County, Missouri as the compensation assessed by the Commissioners in their Report of Commissioners for the taking of the complete, entire and unencumbered fee simple interest in 6101 East 87th Street, Jackson County, Kansas City, Missouri in the condemnation proceeding styled City of Kansas City, Mo. v. Mukhi Hospitality Group, LLC, et al., Case No. 1616-CV04050, from funds previously appropriated herein into Account No. 17-1010-131602-B.

Section 4. That this ordinance, because it appropriates money, is recognized as an ordinance with an accelerated effective date as provided by Section 503(a)(3)(C) of the City Charter and shall take effect in accordance with Section 503(a)(1) of the City Charter.

_____________________________________________

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.

________________________________

Randall J. Landes

Director of Finance

Approved as to form and legality:

 ________________________________

Galen Beaufort

Senior Associate City Attorney