ORDINANCE NO. 211039
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Appropriating $3,069,012.30 from the Unappropriated Fund Balance of the Water Fund; estimating and appropriating $3,069,012.30 from the Unappropriated Fund Balance of the City Legal Expense Fund; and approving and authorizing settlement of claims by Gary Lee and Penn Hill Properties LLC.
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WHEREAS, on October 6, 2020, a water main burst causing property damage to Gary Lee and Penn Hill Properties LLC's properties; and
WHEREAS, the City Council passed Ordinance No. 210838, which authorized partial settlement of a claim by Gary Lee and Penn Hill Properties LLC; and
WHEREAS, it has become necessary to pay an additional $3,069.012.30 which would cause the total expenditures on this claim to be $3,837,097.09, 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 $3,069,012.30 to the City Legal Expense Fund in the following account:
22-7010-131523-485740 Water General Liability Claims $3,069,012.30
Section 2. Appropriating the sum of $3,069,012.30 from the Unappropriated Fund Balance of the City Legal Expense fund in the following account:
22-7010-131523-618200 Water General Liability Claims $3,069,012.30
Section 3. Appropriating the sum of $3,069,012.30 from the Unappropriated Fund Balance of the Water Fund to the following account:
22-8010-801000-618450 Settlement of Claims $3,069,012.30
Section 4. That the payment of the additional sum of $3,069.012.30 in settlement of the claim of Gary Lee and Penn Hill Properties LLC, Claim Nos. T2021-0689 and T2021-0698 as recommended by the City Attorney and the Risk Management Committee, is hereby approved.
Section 2. That the City Attorney is hereby authorized to pay the additional sum of $3,069.012.30 in settlement of this claim from funds previously appropriated in Account No. 22-7010-131523-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.
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Tammy L. Queen
Director of Finance
Approved as to form and legality:
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Alisa N. Chambers
Assistant City Attorney