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Legislation #: 090781 Introduction Date: 9/3/2009
Type: Ordinance Effective Date: 9/27/2009
Sponsor: None
Title: Authorizing the Director of Water Services Department to execute a Settlement and Release Agreement with the City of Liberty, Missouri to return overpayments made by Liberty, in the form of monthly credits over a five year term for a total amount of $538,960.00.

Legislation History
DateMinutesDescription
9/3/2009 Filed by the Clerk's office
9/3/2009 Referred to Transportation and Infrastructure Committee
9/10/2009 Do Pass
9/10/2009 Assigned to Third Read Calendar
9/17/2009 Passed

View Attachments
FileTypeSizeDescription
090781.pdf Authenticated 60K AUTHENTICATED
Liberty Credit Agreement Fiscal Note 8-24-09.xls Fiscal Note 38K Settlement and Release Fiscal Note
Liberty Credit Agreement Fact Sheet 8-24-09.xls Fact Sheet 53K Settlement and Release Fact Sheet

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ORDINANCE NO. 090781

 

Authorizing the Director of Water Services Department to execute a Settlement and Release Agreement with the City of Liberty, Missouri to return overpayments made by Liberty, in the form of monthly credits over a five year term for a total amount of $538,960.00.

 

WHEREAS, the City of Kansas City, Missouris Water Services Department (KCMO) provides sewer service to the City of Liberty, Missouri (Liberty) through a Cooperative Agreement for Sewer Service executed on August 27, 1999, with subsequent amendments; and

 

WHEREAS, as a portion of the flow received by KCMO is unmetered, the Agreement sets out a formula for calculating charges based upon residential and commercial accounts and monthly water use; and

 

WHEREAS, for the calendar years 2004 through 2008, the number of residential and commercial accounts was over reported by Liberty to KCMO, resulting in overcharges by KCMO and overpayments by Liberty; and

 

WHEREAS, Liberty has made a claim for refund of its overpayments; and

 

WHEREAS, Liberty and KCMO agree that Liberty should be reimbursed for these overpayments, in the form of monthly credits over a five year term for a total of $538,960.00; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section. 1. That the Director of Water Services Department is hereby authorized to execute a Settlement and Release Agreement with the City of Liberty, Missouri to refund Liberty's overpayments, in the form of monthly credits to Libertys monthly sewer commodity charge over a five year term for a total amount of $538,960.00. A copy of the agreement is on file with the Office of the Director of Water Services.

 

_______________________________________

 

Approved as to form and legality:

 

 

________________________________

Cecilia OConnor Abbott

Assistant City Attorney