ORDINANCE NO. 040813

Authorizing a $79,030.40 contract with Wilson Plumbing Company, Inc., for constructing sanitary sewers to serve Sewer District Nos. 21001 and 21002 in the vicinity of N.E. 48th Street and N. Winchester Avenue; reducing an appropriation in the amount of $56,604.00 in the Sewer Special assessment Bond Fund; appropriating $56,604.00 from Sewer Special Assessment Bond Fund 1991 to the project account; authorizing the Director of Public Works to expend $44,000.00 for a portion of the project costs; authorizing assessment of the costs against the properties benefitted; and recognizing an emergency.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the work of constructing sanitary sewers to serve Sewer District No. 21001 and 21002 consisting of approximately eight hundred (800) linear feet of eight (8) inch pipe sewer, five (5) manholes, sodding, pavement repair and other necessary appurtenances and work, all in the vicinity of N.E. 48th Street and N. Winchester Avenue, all in Kansas City, Clay County, Missouri, as part of the Sanitary Sewer Bond Program, in Council District 1, Project No. 3500, 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 Wilson Plumbing Company, Inc., a Missouri corporation, in the amount of $79,030.00, 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 following account in the Sewer Special Assessment Bond Fund 1991 is hereby reduced by the following amount:

AL-3010-897742-B Sanitary Sewer Project $56,604.00

Section 4. That the sum of $56,604.00 is appropriated from the Unappropriated Fund Balance of the Sewer Special Assessment Bond Fund 1991 to Project Account No. AL-3010-896158-B.

Section 5. That the Director of Public Works is hereby authorized to expend the following sums for the purposes appropriated:

To Account No. AL-3010-896158-B-611060 the sum of $39,515.00 for construction

To Account No. AL-3010-896158-B-611060 the sum of $5,515.00 for contingent obligations

To Account No. AL-3010-896158-B-646050 the sum of $11,574.00 for engineering and administration

Section 6. That the Director of Water Services is hereby authorized to expend up to the sum of $44,000.00 from funds previously appropriated to Account No. AL-8177-807170-B-611060,

Sewer Construction to satisfy a portion of the cost of this project.

Section 7. That the special assessments for 50% of the total construction cost of the sewer improvements plus 13% of the total construction cost of the sewer improvements for engineering and administration and hereby authorized to be made and levied upon the lands within Sewer District Nos. 21001 and 21002 according to the area rule and according to the provision of Article VIII, Section 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 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 fifteen 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 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 in accordance with that section.

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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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Wanda Gunter

Acting Director of Finance

Approved as to form and legality:

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Mark P. Jones

Assistant City Attorney