ORDINANCE NO. 211040

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Appropriating $9,423,659.62 from the Unappropriated Fund Balance of the Water Fund; estimating and appropriating $9,423,659.62 from the Unappropriated Fund Balance of the City Legal Expense Fund; and approving and authorizing settlement of a claim by 1125 Grand Boulevard LLC.

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WHEREAS, on February 12, 2021, a water main burst causing property damage to 1125 Grand Boulevard LLC's property; and

                     WHEREAS, the City Council passed Ordinance No. 210518, which authorized partial settlement of a claim by 1125 Grand Boulevard LLC; and

                     WHEREAS, it has become necessary to pay an additional $9,423,659.62 which would cause the total expenditures on this claim to be $9,623,659.62, the City Council's approval is necessary to pay this amount; NOW, THEREFORE,

                     BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

                     Section 1.  Estimating revenue in the sum of $9,423,659.62 to the City Legal Expense Fund in the following account:

22-7010-131523-485740                     Water General Liability Claims                                                               $9,423,659.62

                     Section 2.  Appropriating the sum of $9,423,659.62 from the Unappropriated Fund Balance of the City Legal Expense fund in the following account:

22-7010-131523-618200                     Water General Liability Claims                                                               $9,423,659.62

Section 3.  Appropriating the sum of $9,423,659.62 from the Unappropriated Fund Balance of the Water Fund to the following account:

22-8010-801000-618450                                          Settlement of Claims                                                                                    $9,423,659.62

Section 4. That the payment of the additional sum of $9,423,659.62 in settlement of the claim of 1125 Grand Boulevard LLC, Claim No. T2021-1075 as recommended by the City Attorney and the Risk Management Committee, is hereby approved.

                     Section 5. That the City Attorney is hereby authorized to pay the additional sum of $9,423,659.62 in settlement of this claim from funds previously appropriated in Account No. 21-7010-131523-B, Water-General Liability Claims.

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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.

                                                                                                                              ___________________________________

                                                                                                                              Tammy L. Queen

                                                                                                                              Director of Finance

                                                                                                                              Approved as to form and legality:

                                                                                                                              ___________________________________

                                                                                                                              Alisa N. Chambers

                                                                                                                              Assistant City Attorney