SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 031061

Authorizing a $3,976,524.00 Design Professional Services Agreement with HNTB for the Convention Center Ballroom Expansion and Improvements, Phase I; authorizing a $1,575,950.00 Professional Services Contract with McCown Gordon Konrath, L.L.C., for the Convention Center Ballroom Expansion and Improvements, Phase I; reducing appropriations in the amount of $5,592,239.00 in the Capital Improvements Fund; appropriating it to various accounts in the Capital Improvements Fund; designating requisitioning authority; and declaring the Citys intent to reimburse itself from bond proceeds.

WHEREAS, by passage of Ordinance No. 021063, the Council submitted to the voters of Kansas City the question of increasing the hotel motel portion of the convention and tourism tax at the November 2, 2002, election, which question was approved by the voters; and

WHEREAS, the Council in Resolution No. 021064 stated it intention to use the funds realized from the increase first for the renovation of the convention center facilities (including the construction of an expanded ballroom, the upgrade of meeting rooms and other facilities and the improvement and addition of accessory parking facilities) and for a capital and ongoing maintenance reserve fund for the convention center facilities; and

WHEREAS, the Kansas City Municipal Assistance Corporation stated it intention in its Resolution No. 04-04-02B to approve the issuance of its leasehold revenue bonds for the convention center ballroom expansion and improvements project; and

WHEREAS, the City wishes to proceed with the design phase for the expansion of the Convention Center Ballroom before the issuance of leasehold revenue bonds; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the appropriation in the following account of the Capital Improvements Fund is hereby reduced by the following amount:

04-309-089-7239-T 12th Street Viaduct $5,592,239.00

Section 2. That the sum of $5,592,239.00 is hereby appropriated from the Unappropriated Fund Balance of the Capital Improvements Fund to the following accounts in the Capital Improvements Fund:

04-309-089-7240-T Convention Center Ballroom Expansion Project $5,552,474.00

04-309-089-7014-T Convention Center Ballroom Exp-Public Art 39,765.00

TOTAL $5,592,239.00

Section 3. That the Director of Public Works is hereby authorized to enter into a Design Professional Services Agreement with HNTB Corporation in the amount of $3,976,524.00 for Phase I of the Convention Center Ballroom Expansion and Improvements project. A copy of the agreement

is on file in the office of the Director of Public Works and is incorporated herein be reference.

Section 4. That the Director of Public Works is hereby authorized to enter into a Professional Services Agreement with McCown Gordon Konrath, L.L.C., in the amount of $1,575,950.00 for construction advisor services in connection with Phase I of the Convention Center Ballroom Expansion and Improvements project. A copy of the agreement is on file in the office of the Director of Public Works and is hereby approved incorporated herein by reference.

Section 5. That the Director of Public Works is hereby authorized to expend the sum of $3,976,524.00 and $1,575,950.00, respectively, from funds appropriated herein to Account No. 04-309-089-7240-T for the aforementioned Design Professional Services Agreement and the Professional Services Agreement for the Convention Center Ballroom Expansion and Improvements, Phase I, Project Nos. 284-03030-1 and 284-03030-2.

Section 6. That the Director of Public Works is hereby designated as requisitioning authority for Account Nos. 04-309-089-7240 and 04-309-089-7014.

Section 7. That the City declares its intent to reimburse itself for certain expenditures made within sixty (60) days prior to or on and after the date of this resolution with respect to the Convention Center Ballroom Expansion Project with the proceeds of bonds expected to be issued by the City. The maximum principal amount of leasehold revenue bonds expected to be issued for the Project will not exceed $17 million. This constitutes a declaration of official intent under Treasury Regulation 1-150-2.

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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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Kevin Riper

Director of Finance

Approved as to form and legality:

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Heather A. Brown

Assistant City Attorney