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Legislation #: 140679 Introduction Date: 8/21/2014
Type: Ordinance Effective Date: none
Sponsor: None
Title: Authorizing the City Manager to execute an Amendment to Consent Decree with the United States of America to modify the schedule of control measure implementation.

Legislation History
DateMinutesDescription
8/20/2014 Filed by the Clerk's office
8/21/2014 Referred to Transportation & Infrastructure Committee
8/28/2014 Advance and Do Pass, Debate
8/28/2014 Passed

View Attachments
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140679.pdf Authenticated 150K Authenticated
140679 Fact Sheet.pdf Fact Sheet 112K Fact Sheet

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ORDINANCE NO. 140679

 

Authorizing the City Manager to execute an Amendment to Consent Decree with the United States of America to modify the schedule of control measure implementation.

 

WHEREAS, the United States of America (“United States”) and the City of Kansas City, Missouri (“City”) are parties to a Consent Decree dated September 27, 2010 (“Decree”); and

 

WHEREAS, the Decree requires that the City construct sixty-eight million gallons of storage capacity at the 87th Street Pumping Station and rehabilitate and modify existing pumps and equipment necessary to support wet weather pumping to storage tanks; and

 

WHEREAS, the Decree requires that this project commence in 2012 and proceed in two phases: construction and operation of twenty million gallon storage tank by December 31, 2016 (“Phase I”), and construction and operation of the remaining forty-eight million gallons of storage capacity by December 31, 2024; and

 

WHEREAS, the Decree provides that total storage capacity at the 87th Street Pumping Station may be increased or reduced, as needed, depending upon the volume of flows from Johnson County, Kansas (“JCK”); and

 

WHEREAS, JCK recently has taken steps to upgrade its own wastewater treatment facilities and is expected to substantially reduce flows to the City’s wastewater treatment system; and

 

WHEREAS, reduction of flows from JCK is expected to substantially reduce the need for additional storage capacity at the 87th Street Pumping Station; and

 

WHEREAS, the United States and the City have been negotiating an amendment to the Decree which would defer construction and operation of Phase I of the enhancements to the 87th Street Pumping Station and accelerate others; and

 

WHEREAS, deferring construction and operation of Phase I of the enhancements to the 87th Street Pumping Station is reasonable and prudent in light of the expected reduction in flows from JCK; and

 

WHEREAS, in addition to deferring the construction and operation of Phase I of the enhancements to the 87th Street Pumping Station, the City will accelerate four other projects currently included in Appendix A to the Decree; and

 

WHEREAS, the four projects that will be implemented on an accelerated basis will expedite substantial reduction of flows in portions of the City’s sewer system and, consequently, will expedite the reduction of overflows from the system; and

 

WHEREAS, tentative agreement has been reached between the City and the United States which requires that the City execute the proposed Amendment to Consent Decree to allow the amendment to be forwarded to the appropriate officials with the Department of Justice and the Environmental Protection Agency for review, approval and execution; and

 

WHEREAS, the City Council is prepared to authorize execution of the proposed Amendment to Consent Decree to memorialize the changes outlined herein; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the City Council authorizes the City Manager, on behalf of the City, to execute the proposed Amendment to Consent Decree with the United States of America to modify the schedule of control measure implementation, all consistent with this ordinance.

 

_____________________________________________

 

Approved as to form and legality:

 

 

_________________________________

Matthew Gigliotti

Assistant City Attorney