ORDINANCE NO. 961054

Authorizing a $337,347.16 contract with Clay County Sanitary & Ditching Service, Inc., for constructing a sanitary sewer in the vicinity of N.E. 56th and Searcy Creek Parkway to serve Sewer District Nos. 1116 and 20011 in Sewer Division 20; appropriating $375,000.00 and authorizing its expenditure for the project; adjusting appropriations by $18,750.00 and authorizing its expenditure for the project; authorizing assessment of the cost against benefitting properties; and recognizing an emergency.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the work of constructing a sanitary sewer in the area bounded by N.E. Ridgeway on the south, N. Winchester and N. Cambridge on the east, N.E. 56th on the north and Searcy Creek Parkway on the west, consisting of approximately six thousand eight hundred fifty-four (6,854) linear feet of eight (8) inch sewer pipe, thirty-two (32) manholes, street repair, and other necessary appurtenances, to serve Sewer District Nos. 1116 and 20011 in Sewer Division 20, Project No. 3418, State Loan/Grant No. C295095-01 in Kansas City, Clay County, Missouri, Council District 1, 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 Clay County Sanitary & Ditching Service, Inc., a Missouri corporation, in the amount of $337,347.16, 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 sum of $375,000.00 is appropriated from the Unappropriated Fund Balance of the State Revolving General Obligation Bond Fund to the following account in the State Revolving General Obligation Bond Fund:

97-307-089-6107-T Maple Park Sewers - CD1 $375,000.00

Section 4. That the Director of Public Works is hereby designated as the requisitioning authority for Account No. 97-307-089-6107-T and is authorized to expend the said sum as and for consideration in the aforesaid agreement and contingencies associated therewith.

Section 5. That the appropriation in the Sewer Special Assessment Bond Fund, 1996, Account No. 96-321-089-7742-T is hereby reduced in the amount of $18,750.00.

Section 6. That the sum of $18,750.00 is hereby appropriated from the Unappropriated Fund Balance of the Sewer Special Assessment Bond Fund, 1996, to the following account in the Sewer Special Assessment Bond Fund, 1996:

97-321-089-6107-T Maple Park Sewers - CD1 $ 18,750.00

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

Section 7. That the special assessments for the entire cost of the sewer improvement less the proceeds from the 15% State Grant are hereby authorized to be made and levied upon the lands within Sewer Districts 1116 and 20011 according to the area rule and according to the provisions of Article VIII, Sections 262 and 278 of the Charter of Kansas City relating thereto. Special tax bills evidencing the amount of such assessments shall be issued to Kansas City and shall be credited to the said 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 twenty 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 75% of 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 8. 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