ORDINANCE NO. 940057

Authorizing a contract for $37,636.25 with Daniels Construction Company for sidewalks, curbs, driveway entrances and appurtenances along 4115 East 43rd Street; adjusting appropriations by $2,665.00; authorizing special assessments upon lands fronting and abutting the improvements to cover the costs thereof; authorizing the Director of Public Works to expend $50,064.35 for the project; and recognizing an emergency.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the work of reconstructing portland cement concrete sidewalks, curbs, driveway entrances and appurtenances, all along 4115 East 43rd Street, as part of the Public Improvements Tax Year 9 Projects in Council District 5, Kansas City, Jackson County, Missouri, Project No. 6533, 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 Daniels Construction Company, an individual, in the amount of $37,636.25, 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 appropriation in the Revolving Public Improvement Fund, Account No. 94-319-089-7763T is hereby reduced in the amount of $2,665.00.

Section 4. That the sum of $2,665.00 is appropriated from the Unappropriated Fund Balance of the Revolving Public Improvement Fund to Project Account No. 94-319-089-6508T, to be used within that account as follows:

To Account No. 94-319-089-6508T the sum of $796.90 for construction; To Account No. 94-319-089-6508T the sum of $1,500.10 for contingent obligations; To Account No. 94-319-089-6508T the sum of $345.00 for engineering and supervision; To Account No. 94-319-089-6508T the sum of $23.00 for administration;

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

Section 5. That special assessments are hereby authorized to be made and levied upon the lands fronting and abutting on the above improvement in accordance with Kansas City Charter Section 286 for costs relating to the replacement of sidewalks, curbs, driveway entrances, asphalt pavements and appurtenances condemned pursuant to said Section 286. Special tax bills evidencing the amount of such assessments shall be issued to Kansas City and shall be credited to the Revolving Public Improvements 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 six 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 the Director of Public Works is hereby authorized to expend the sum of $50,064.35 from funds heretofore appropriated to Account No. 94-309-089-6504T as and for the balance of consideration in the aforesaid contract and for engineering, administration and inspection in connection therewith.

Section 7. 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