ORDINANCE NO. 090230

Appropriating $350,000.00 to complete preliminary design of the Missouri River Corridor; appropriating $350,000.00 to reimburse the Capital Improvements Sales Tax Fund; authorizing the Director of Public Works to execute a Cooperative Agreement between the cities of Kansas City, Sugar Creek and Independence for preliminary engineering design services; designating requisitioning authority; and recognizing an emergency.

WHEREAS, Charter Section 806(a)(2)/(3), provides for borrowing for a specified term to construct capital improvements; and

WHEREAS, the City seeks to complete preliminary design of the Missouri River Corridor without further delay; and

WHEREAS, the proposed Lewis and Clerk Expressway alignment from East of I-435 and Front Street to Sterling Avenue is, by distance, approximately forty percent within Sugar Creek City Limits, forty percent within Kansas City Limits, and twenty percent within Independence City Limits; and

WHEREAS, the Parties have determined it is in their best interests to move forward with the preliminary design of the Lewis and Clark Expressway; and

WHEREAS, Federal Funds have been authorized for the Lewis and Clark Expressway project in the amount of $16,800,000.00 of which $14,964,348.00 remain to be allocated; and

WHEREAS, Sugar Creek, Kansas City and Independence have agreed that money from the oldest earmark should be spent first, this being the 1991 ISTEA Earmark, and requires a twenty percent local match, and

WHEREAS, the cost of preliminary design is estimated not to exceed $3,200,000.00 and Kansas City will be responsible for forty percent of the local match, or approximately $256,000.00; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That $350,000.00 is appropriated from the Unencumbered Cash Balance of the Capital Improvements Sales Tax Fund to the following account in the Capital Improvements Sales Tax Fund:

09-3090-898101-89002961-B Missouri River Corridor $350,000.00

Section 2. That the City Council hereby directs the Public Improvement Advisory Committee (PIAC) to include an allocation of $350,000.00 in the FY 2009-10 Capital Improvements Sales Tax Neighborhood Program for Council District 1 to repay this appropriation.

Section 3. That the Director of Public Works is authorized to execute a Cooperative Agreement between the cities of Kansas City, Sugar Creek and Independence for preliminary engineering design services for the Lewis and Clark Expressway from East of I-435 and Front Street to Sterling Avenue, including the Sterling Avenue Connection and grade separation structure, being located in the First Council District; the cooperative agreement, in substantial form, is filed in the office of the Director of Public Works.

Section 4. That the Director of Public Works is hereby designated as requisitioning authority for Account 09-3090-898101-89002961.

Section 5. That this ordinance is recognized as an emergency measure within the provisions of Section 503 of the City Charter in that it provides for borrowing, and shall take effect in accordance with that section.

_____________________________________________

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.

___________________________________

Jeffrey A. Yates

Director of Finance

Approved as to form and legality:

___________________________________

Brian T. Rabineau

Assistant City Attorney