ORDINANCE NO. 260313
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Sponsor: Director of Water Services Department
Establishing Fund No. 8197, the 2026B SRF Sewer Revenue Bond Fund in the records of the City of Kansas City, Missouri; estimating revenue in the amount of $100,000,000.00 in the 2026B SRF Sewer Revenue Bond Fund and appropriating the same; appropriating $100,000,000.00 from the Unappropriated Fund Balance of the Sewer Fund; designating requisitioning authority; authorizing the Director of Water Services to execute a $143,800,000.00 construction contract with MegaKC Corporation, for the Todd Creek Wastewater Treatment Plant Expansion and Major Upgrades project for a total contract amount of $158,180,000.00; authorizing a $9,061,951.53 design professional services contract Amendment No. 4 to Contract No. 1587 with Burns & McDonnell Engineering Company, Inc., for the Todd Creek Facility Plan Update project; authorizing an extension of the term of Contract No. 1587 for an additional 1,300 days for a total term of 3,491 calendar days (approximately 9 years, 7 months) for a total contract amount of $18,672,229.22; declaring the intent of the City to reimburse itself from the bond proceeds for certain expenditures; authorizing the Director of Finance to close project accounts; and recognizing this ordinance as having an accelerated effective date.
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WHEREAS, this proposed ordinance will establish the 2026B SRF Sewer Revenue Bond Fund, estimate revenue, appropriate funds, declare the intent of the City to reimburse itself from bond proceeds, authorize the Director of Finance to close project accounts, approve a construction project and design professional services amendment (including a term extension), and recognize the ordinance as having an accelerated effective date; and
WHEREAS, City Council passed Ordinance No. 200317 on May 14, 2020, authorizing an $801,029.00 design professional services contract with Burns & McDonnell Engineering Company, Inc., for the Todd Creek Facility Plan Update project; and
WHEREAS, City Council passed Ordinance No. 210723 on September 23, 2021, authorizing a $5,638,202.00 Amendment No. 1 to the design professional services contract with Burns & McDonnell Engineering Company, Inc., for the Todd Creek Facility Plan Update project for development of the selected alternative identified in the Facility Plan through 100% design, and development of bid documents; and
WHEREAS, City Council passed Ordinance No. 250144 on February 27, 2025, authorizing a $3,054,685.69 Amendment No. 2 for redesign of the treatment plant to the new proposed southern site fully within City limits in accordance with the City Council’s desire expressed in Ordinance No. 230975, which passed on December 7, 2023 and authorized the Director of Water Services to negotiate and execute an Option to Purchase Agreement between Hunt Midwest Properties, L.L.C. and the City of Kansas City, Missouri, through its Water Services Department, for the Todd Creek Facility Land Acquisition; and
WHEREAS, the City executed a $116,361.00 Amendment No. 3 on December 5, 2025, for additional redesign work and costs incurred with additional building/electrical codes for the new Todd Creek Wastewater Treatment Plant buildings previously located in Platte County, Missouri relocated within Kansas City, Missouri city boundaries; and
WHEREAS, this proposed $9,061,951.53 Amendment No. 4 is for Construction Phase Services as well as a time extension of 1,300 days bringing the total term to 3,491 (approximately 9 years, 7 months) days; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That Fund No. 8197, the 2026B SRF Sewer Revenue Bond Fund, is hereby established in the records of the City of Kansas City, Missouri.
Section 2. That the revenue in the following account of the 2026B SRF Sewer Revenue Bond Fund is hereby estimated in the following amount:
AL-8197-800000-590000 Proceeds from Bond Sale $100,000,000.00
Section 3. That the sum of $100,000,000.00 is hereby appropriated from the Unappropriated Fund Balance of the 2026B SRF Sewer Revenue Bond Fund to the following account:
AL-8197-807778-611060-81000927 Todd Creek WWTP
Facility Plan $100,000,000.00
Section 4. That the Director of Water Services is hereby designated as requisitioning authority for Account No. AL-8197-807778-611060.
Section 5. That the Director of the Water Services Department is authorized to execute Contract No. 1698 in the amount of $143,800,000.00 with MegaKC Corporation, for the Todd Creek Wastewater Treatment Plant Expansion and Major Upgrades project, Project No. 81000927. A copy of the contract is on file in the office of Water Services.
Section 6. That the Director of Water Services is authorized to expend up to the sum of $158,180,000.00 from the following accounts to satisfy the cost of this contract:
AL-8197-807778-611060-81000927 Todd Creek WWTP
Facility Plan $100,000,000.00
26-8110-807778-611060-81000927 Todd Creek WWTP
Facility Plan 58,180,000.00
TOTAL $158,180,000.00
Section 7. That the Director of Water Services Department is authorized to execute Amendment No. 4 in the amount of $9,061,951.53 to Contract No. 1587, for a total contract amount of $18,672,229.22 with Burns & McDonnell Engineering Company, Inc., for the Todd Creek Facility Plan Update project, Project No. 81000927. A copy of this amendment is on file in the office of Water Services.
Section 8. That the Director of Water Services is authorized to expend up to the sum of $9,061,951.53 from Account No. 26-8110-807778-611040-81000927, Sewer Treatment Facilities, to satisfy the cost of this amendment.
Section 9. That the Director of Water Services is authorized to extend the term of Contract No. 1587, with Burns & McDonnell Engineering Company, Inc., for an additional 1,300 days for a total term of 3,491 days (approximately 9 years, 7 months) for a total contract amount of $18,672,229.22.
Section 10. 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.
Section 11. That the City hereby declares its official intent to reimburse itself for certain expenditures made within sixty (60) days prior to or on and after the date of this ordinance with respect to the Todd Creek Wastewater Treatment Plant Expansion and Major Upgrades project with the proceeds of the bonds to be issued. The maximum principal of amount of bonds intended to be issued for the Project expected is $100,000,000.00. This constitutes a declaration of official intent under Treasury Regulation Section 1.150-2.
Section 12. The Director of Finance is hereby authorized to close project accounts, open encumbrances and retainage related to the accounts in Sections 2 and Section 3, and return the unspent portion to the Fund balance from which it came upon the earliest of (i) Project’s completion; (ii) final maturity of financing or (iii) five years after issuance.
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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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William Choi
Interim Director of Finance
Approved as to form:
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Mark P. Jones
Senior Associate City Attorney