ORDINANCE NO. 240443

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Sponsor:  Director of Water Services Department

Estimating revenue in the amount of $89,364.00; appropriating $89,364.00 from the Unappropriated Fund Balance of the Sewer Special Assessments Project Fund; authorizing an $89,364.00 design professional services Amendment No. 3 with Taliaferro & Browne, Inc., for the 55th and Bennington Avenue Phase II Sanitary Sewer project; authorizing a total contract amount of $280,161.00; assessing the properties benefited; adding district sewers for Sewer District 11040; and recognizing this ordinance as having an accelerated effective date.

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WHEREAS, the City Council passed Ordinance No. 110252 on April 14, 2011, approving a $54,994.00 design professional services contract for the final design and construction phase services for the 55th and Bennington Avenue Phase II Sanitary Sewer project as well as assessing properties benefitted for a special assessment; and

WHEREAS, the City Council passed Ordinance No. 220063 on January 27, 2022, for a $135,803.00 design professional services contract Amendment No. 1 for updated design drawings for current site conditions on this project; and

WHEREAS, the City executed a no-cost design professional services Amendment No. 2 to this project on December 8, 2022, which updated the engineering job classifications and salary rates on the project; and

WHEREAS, this proposed $89,364.00 design professional services Amendment No. 3 will update the construction drawings by adding district sewers for Sewer District 11040; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1.  That the revenue in the following account of the Sewer Special Assessments Project Fund is hereby estimated in the following amount:

AL-3210-800000-485200                                                               Recoveries of Prior Years

   Expenditures                                                               $89,364.00

Section 2. That the sum of $89,364.00 is appropriated from the Unappropriated Fund Balance of the Sewer Special Assessments Project Fund to the following account in the Sewer Special Assessments Project  Fund:

AL-3210-807170-611040-89003790                                          55th & Bennington SSE Ph 2                                          $89,364.00

Section 3. That the Director of Water Services is authorized to execute Amendment No. 3 to Contract No. 1050 in the amount of $89,364.00 for a total contract amount of $280,161.00, with Taliaferro & Browne, Inc., for the 55th and Bennington Avenue Phase II Sanitary Sewer project, Project No. 89003790.  A copy of this amendment is on file in the office of Water Services.

Section 4. That the Director of Water Services is authorized a maximum expenditure of $89,364.00, from Account No. AL-3210-807170-611040-89003790, Infill Sewer Projects, to satisfy the cost of this amendment.

Section 5. That the special assessments for 100% of total construction cost of the sewer extension plus 25% of the total construction cost of the sewer extension for engineering and administration less any amount provided by Water Services' sewer revenues or approved for Project No. 89003790 from the Capital Improvements Sales Tax Fund are hereby authorized to be made and levied upon the benefited properties within Sewer District Nos. 11040, 11041, 11042, and 719 according to the provision of Article II, Division II, Section 60-44 Rules for apportioning assessments, and Section 60-45 Cost of district sewers and how apportioned all in Chapter 60, Code of Ordinances of Kansas City, relating thereto. Special tax bills evidencing the amount of such assessments shall be issued pursuant to Section 2-1721 of the Code of Ordinances and, when collected, the proceeds thereof shall be credited to the General Fund.

Section 6. That this ordinance, relating to the design, repair, maintenance or construction of a public improvement, is recognized as an ordinance with an accelerated effective date as provided by Section 503(a)(3)(D) of the City Charter and shall take effect in accordance with Section 503, City Charter.

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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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Tammy L. Queen

Director of Finance

Approved as to form:

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Mark P. Jones

Senior Associate City Attorney