ORDINANCE NO. 160775
Authorizing the Director of
Finance to accept the proposal of Banc of America Public Capital Corp (“BAPCC”)
to finance improvements to the Municipal Court facility of the City
(“Project”); estimating and appropriating $1,105,000.00 in lease proceeds;
appropriating $100,000.00 from the Unappropriated Fund Balance of the Inmate
Security Fund; authorizing the execution of any and all documents and
agreements necessary for the financing; authorizing a contract with Wilson
Group for $3,430,127.00 for the renovation of the Kansas City Municipal Court;
authorizing a maximum contract expenditure of $3,730,127.00 with Wilson Group
for the renovation without further City Council approval; declaring the intent
of the City to reimburse itself from the lease purchase proceeds for certain
expenditures; and recognizing this ordinance as having an accelerated effective
date.
WHEREAS, a new
Section 488.2235, RSMo, was enacted by the Missouri General Assembly to
authorize a new surcharge of up to $5.00 per case in additional court costs to
be used exclusively to fund the restoration, maintenance
and upkeep of the municipal courthouse of the Kansas City Municipal Division of
the Sixteenth Judicial Circuit, and became effective on August 28, 2014; and
WHEREAS, the
City Council, by Ordinance No. 140776, amended Chapter 2-1464 to allow for the
collection of an additional surcharge of $5.00 for moving and general ordinance
violations and $2.00 for non-moving violations (collectively, “Court Costs”) to
exclusively fund the restoration, maintenance and upkeep of the municipal
courthouse; and
WHEREAS,
together with the General Services Department, the Municipal Court developed a
Master Plan of the Municipal Court to prioritize projects for the Courthouse;
and
WHEREAS,
Ordinance No. 150033 authorized a $2,400,000.00 master lease purchase agreement
for the Municipal Court Improvements project using the Municipal Court building
fee authorized by RSMo 488.2235 and Ordinance No. 140776; and
WHEREAS, the
City sent out a Request for Proposals soliciting proposals to complete the
Municipal Court Improvements Project and the quote for the Master Plan for the
Municipal Court Improvements Project is $4,726,127, or $2,326,127 above the
available project budget; and
WHEREAS, the
City recognizes the need to proceed with the Court building Master Plan for the
facility improvements at the Kansas City Municipal Court; and
WHEREAS, the cost of acquisition and implementation of a
portion of the Project is expected to be financed under the Master Lease
Purchase Agreement (“Lease”) with BAPCC by one (1) draw upon the Lease; and
WHEREAS, the
payment of scheduled debt service payments on the draw made under the Lease
will be made by the annual appropriation of monies from the City’s General
Municipal Revenues over a successive seven (7) year period; NOW THEREFORE,
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section 1. That the Director of Finance is authorized to accept the
proposal of BAPCC for the financing of the Project through one (1) draw upon
the Lease in an approximate principal amount not to exceed $1,105,000.00.
Section 2. That the Director of Finance is authorized to execute,
deliver and file in the name of the City, the Lease and any and all documents
and agreements necessary to complete such financing.
Section 3. That
the revenue in the following account of Fund No. 3230, the Equipment Lease
Capital Acquisition Fund, is hereby estimated in the following amount:
AL-3230-120000-583000 Reimbursement
from Bank or
Lease Co. $1,105,000.00
Section 4. That
the sum of $1,105,000.00 is hereby appropriated from the Unappropriated Fund
Balance of Fund No. 3230, the Equipment Lease Capital Acquisition Fund, to the
following accounts:
AL-3230-078027-B-07001139 Municipal
Court Improvements $1,100,000.00
AL-3230-129620-B
Cost of Issuance 5,000.00
TOTAL $1,105,000.00
Section 5. That
the sum of $100,000.00 is hereby appropriated from the Unappropriated Fund
Balance of Fund No. 2760, the Inmate Security Fund, to the following account:
17-2760-278027-B-27001139 Municipal
Court Improvements $ 100,000.00
Section 6. That
the Director of General Services is hereby designated as requisitioning
authority for Account Nos. AL-3230-078027 and 17-2760-078027.
Section 7. That
the Director of Finance is hereby designated as requisitioning authority for
Account No. AL-3230-129620.
Section 8. That the Court Administrator is hereby designated as
requisitioning authority for Account No. 17-2760-278027.
Section 9. That the Director of General Services is authorized to execute
Contract No. 07001139 with The Wilson Group in the amount of $3,430,127.00 for
construction including renovation to the 1st, 2nd, and 3rd floors of the Municipal
Court Building. A copy of the contract is on file in the General Services
Department.
Section 10. That the Director of the General Services Department is
hereby authorized to amend this contract in an amount not to exceed $300,000.00
without further authorization of the City Council, for a total contract
authorization of $3,730,127.00, from funds appropriated to Accounts Nos. AL-3230-078027-07001139
and 17-2760-078027-B-07001139.
Section 11. That the Director of Finance is hereby authorized to close
project accounts upon project completion and return the unspent portion of the
appropriation to the Fund Balance from which it came.
Section 12. That the City approves Kutak Rock LLP to serve as Lease
Counsel for the City in connection with the financing under the Lease for the
Project.
Section 13. 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 Project with the
proceeds of the lease expected to be drawn from the Lease. The maximum
principal of lease proceeds amount for the Project expected to be financed
under the Lease is $1,105,000.00. This constitutes a declaration of official
intent under Treasury Regulation Section 1.150-2.
Section 14. 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 Section 503 (a)(3)(C)
of the Charter, and shall take effect in accordance with that section.
_____________________________________________
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.
___________________________________
Randall
J. Landes
Director
of Finance
Approved
as to form and legality:
___________________________________
Sarah
Baxter
Assistant
City Attorney