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ORDINANCE NO. 030176
Declaring the Citys
intent to reimburse itself in the 100 Fund for capital improvement expenditures
up to a maximum of $1,500,000.00 with bond proceeds; authorizing three
amendments totaling $1,500,000.00 with Superior Bowen Asphalt Co.
($1,000,000.00) and J.M. Fahey Construction Company ($500,000.00) for road
resurfacing for north and south of Independence Avenue and north and south of
55th Street; reducing an appropriation in the amount of $1,500,000.00 in the
General Fund; appropriating it to the Street Resurfacing account of the General
Fund; and authorizing the Director of Public Works to expend $1,500,000.00 for
the contract amendments.
WHEREAS, Kansas
City, Missouri (the City) is a political subdivision organized and existing
under the Constitution and the laws of the State of Missouri; and
WHEREAS, the City
may have incurred certain expenditures within the last 60 days and expects to
incur expenditures on and after the date hereof (the Expenditures) which have
been or will be paid from the 100 Fund, an account maintained by the City for
the purpose of funding capital improvement projects, which Expenditures will be
used to pay certain construction, engineering and administration costs for
street resurfacing projects (the Projects); and
WHEREAS, the City
has determined that the funds to pay these Expenditures with respect to the
Projects are or will be available for a temporary period and it is necessary to
reimburse the City for these Expenditures from the proceeds of certain general
obligation bonds expected to be issued by the City in fiscal year 2004 (the Bonds);
and
WHEREAS, as of
the date hereof, there are no funds from sources other than the proceeds of the
Bonds that are, or are reasonably expected to be reserved, allocated on a
long-term basis, or otherwise set aside by the City pursuant to its budget or
financial policy with respect to these Expenditures; NOW, THEREFORE,
BE IT ORDAINED BY
THE COUNCIL OF KANSAS CITY:
Section 1. That
the City declares the intent to reimburse itself for certain Expenditures made
within 60 days prior to or on and after the date hereof with respect to the
Projects with proceeds from the Bonds to be issued for the Projects up to a
maximum of $1,500,000.00.
Section 2. That
this Ordinance shall constitute a declaration of official intent under Treasury
Regulation Section 1.150-2.
Section 3. That
the Expenditures for which the City will reimburse itself pursuant to this
Ordinance are original expenditures as defined in Treasury Regulation Section
1.150-2(c), which qualify under Treasury Regulation Section 1.150-02(d)(3).
Section 4. That
the passage of this Ordinance is consistent with the budgetary and financial
circumstances of the City.
Section 5. That
the Director of Public Works is hereby authorized to enter into and execute, on
behalf of the City, an amendment to Contract No. 020014, Resurfacing 02-1, with
Superior Bowen Asphalt Co., a Missouri corporation, in the amount of
$500,000.00 for a total contract amount of $3,748,582.16 for resurfacing north
of Independence Avenue in Kansas City, Missouri, Project No. 1364. A copy of
the contract and amendment is on file in the office of the Director of Public
Works and is hereby authorized and provided for.
Section 6. That
the Director of Public Works is hereby authorized to enter into and execute, on
behalf of the City, an amendment to Contract No. 020015, Resurfacing 02-2, with
Superior Bowen Asphalt Co., a Missouri corporation, in the amount of
$500,000.00 for a total contract amount of $3,191,081.80 for resurfacing south
of Independence Avenue and north of 55th Street in Kansas City, Missouri,
Project No. 1364. A copy of the contract and amendment is on file in the
office of the Director of Public Works and is hereby authorized and provided
for.
Section 7. That
the Director of Public Works is hereby authorized to enter into and execute, on
behalf of the City, an amendment to Contract No. 020016, Resurfacing 02-3, with
J. M. Fahey Construction company, a Missouri corporation, in the amount of
$500,000.00 for a total contract amount of $3,467,745.03 for resurfacing south
of 55th Street in Kansas City, Missouri, Project No. 1364. A copy of the contract
and amendment is on file in the office of the Director of Public Works and is
hereby authorized and provided for.
Section 8. That
the appropriation in the following account of the General Fund is hereby
reduced by the following amount:
03-100-089-7702-T Bridge
Rehabilitation $1,500,000.00
Section 9. That
the sum of $1,500,000.00 is hereby appropriated from the Unappropriated Fund
Balance of the General Fund to the following account in the General Fund:
03-100-089-7701-T Street
Resurfacing $1,500,000.00
Section 10. That
the Director of Public Works is hereby authorized to expend the sum of
$1,500,000.00 from funds heretofore appropriated to Account No.
03-100-089-7701-T for work to be performed under the aforesaid amendments to
Contract Nos. 020014, 020015 and 020016.
_____________________________________________
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.
___________________________________
Director
of Finance
Approved
as to form and legality:
___________________________________
Assistant
City Attorney