KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 011745 Introduction Date: 12/13/2001
Type: Ordinance Effective Date: 12/30/2001
Sponsor: None
Title: Authorizing the Director of Finance, on behalf of the Metropolitan Ambulance Service Trust to lease-purchase defibrillators by entering into a Schedule of Property to the Master Lease/Purchase Agreement dated as of February 1, 2001, between Banc America Leasing _ Capital, LLC and the City, an Equipment Sublease Purchase Agreement, and an assignment of interest in the Equipment Sublease Purchase Agreement; and authorizing the City to take certain other actions in connection with the Master Lease/Purchase Agreement and Schedule of Property, the Equipment Sublease Purchase Agreement and accompanying documents; estimating revenue in the amount of $367,580.00 and appropriating it in the Equipment Lease Capital Acquisition Fund; estimating and appropriating debt service payment for fiscal year 2002 in the Equipment Lease Debt Service Fund in the amount of $27,318.00; designating requisitioning authorities; authorizing closure of project accounts upon project completion; declaring the intent of the City to reimburse itself from lease purchase proceeds for certain expenditures; and declaring an emergency.

Legislation History
DateMinutesDescription
12/13/2001

Prepare to Introduce

12/13/2001

Referred Finance and Audit Committee

12/19/2001

Advance and Do Pass

12/20/2001

Passed


View Attachments
FileTypeSizeDescription
01-011745.PDF Other 604K Authenticated and addl documents

Printer Friendly Version

 

ORDINANCE NO. 011745

 

Authorizing the Director of Finance, on behalf of the Metropolitan Ambulance Service Trust to lease-purchase defibrillators by entering into a Schedule of Property to the Master Lease/Purchase Agreement dated as of February 1, 2001, between Banc America Leasing & Capital, LLC and the City, an Equipment Sublease Purchase Agreement, and an assignment of interest in the Equipment Sublease Purchase Agreement; and authorizing the City to take certain other actions in connection with the Master Lease/Purchase Agreement and Schedule of Property, the Equipment Sublease Purchase Agreement and accompanying documents; estimating revenue in the amount of $367,580.00 and appropriating it in the Equipment Lease Capital Acquisition Fund; estimating and appropriating debt service payment for fiscal year 2002 in the Equipment Lease Debt Service Fund in the amount of $27,318.00; designating requisitioning authorities; authorizing closure of project accounts upon project completion; declaring the intent of the City to reimburse itself from lease purchase proceeds for certain expenditures; and declaring an emergency.

 

WHEREAS, Committee Substitute for Ordinance No. 50775 and Ordinance No. 50800, adopted by the City Council on September 6, 1979, created the Metropolitan Ambulance Service Trust ("MAST") for the purpose of providing ambulance service within the City; and

 

WHEREAS, MAST desires to acquire the defibrillators and related equipment (the "Equipment") to be used in conjunction with its ambulance service; and

 

WHEREAS, the Equipment will be leased by the City of Kansas City, Missouri (the "City") pursuant to a Schedule of Property (the "Schedule") to the Master Lease Purchase Agreement dated as of February 1, 2001 (the "Master Lease"), between Banc of America Leasing & Capital, LLC ("BALCAP"), as lessor, and the City, as lessee (the Master Lease and the Schedule herein referenced together as the "Lease"); and

 

WHEREAS, the City will sublease the Equipment to MAST under an Equipment Sublease Purchase Agreement (the "Sublease") on the same terms and conditions as provided under the Lease; and

 

WHEREAS, the acquisition of this Equipment is required for the immediate preservation of public health and safety, in order to provide life saving equipment to those in immediate peril of death; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. The Schedule, in substantially the form attached to the Master Lease, which provides for the lease/purchase of the Equipment (more fully described on Exhibit A attached hereto) is hereby authorized and approved with such changes therein as are approved by the Director of Finance, and the Director of Finance is authorized to execute the Schedule on behalf of the City. The execution of the Schedule by the Director of Finance shall be conclusive evidence of his approval of any changes therein.

 

The rental payments due under the terms of the Lease are subject to the City's annual appropriation process and as such, the Lease may be terminated in the event of the failure of the City


Council to appropriate funds in any year for the payment of rentals. The rental payments due under the Lease shall not constitute a debt, liability or indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. The rental payments due under the Lease shall be payable from the rental payments the City receives from MAST under the Sublease, and the City does not intend to appropriate any general fund revenues to make the rental payments under the Lease; provided that if MAST fails to make such rental payments, the City shall be required to make rental payments due under the Lease for any year for which it has appropriated funds therefor.

 

Section 2. The Sublease, a form of which is attached hereto, is hereby approved, and the Director of Finance is authorized to execute the Sublease on behalf of the City, in substantially the form as that on file in the office of the Director of Finance, with such changes therein as may be approved by the Director of Finance. The execution of the Sublease by the Director of Finance shall be conclusive evidence of his approval of any changes therein.

 

Section 3. The Assignment, a form of which is attached hereto, assigning of the City's interest in the Sublease to BALCAP is hereby approved, and the Director of Finance is authorized to execute an assignment of the City's interest in the Sublease on behalf of the City, substantially the form as that on file in the office of the Director of Finance, with such changes therein as may be approved by the Director of Finance. The execution of the Assignment by the Director of Finance shall be conclusive evidence of his approval of any changes therein.

 

Section 4. The representatives of the City, including the Director of Finance and the City Clerk, shall be, and they hereby are, authorized and directed to execute all documents and take such actions as they may deem necessary or advisable in order to carry out and perform the purposes of this Ordinance, the Lease, the Sublease and the Assignment to make ministerial alterations, changes or additions in the foregoing agreements, statements, instructions and other documents herein approved, authorized and confirmed which they may approve and the execution or taking such action shall be conclusive evidence of such necessity or advisability.

 

Section 5. The revenue in the following account of the Equipment Lease Capital Acquisition Fund is hereby reestimated in the following additional amount:

 

02-323-012-8300 Reimbursement from Bank or Lease Co. $367,580.00

 

Section 6. The sum of $367,580.00 is hereby appropriated from the Unappropriated Fund Balance of the Equipment Lease Capital Acquisition Fund to the following account:

 

02-323-051-2143-E MAST Defibrillators Lease Purchase $367,580.00

 

Section 7. The revenue in the following account of the Equipment Lease Debt Service Fund is hereby estimated in the following amount:

 

02-523-012-5852 MAST Facilities & Equipment Payment $ 27,318.00

 

Section 8. The sum of $27,318 is hereby appropriated from the Unappropriated Fund Balance of the Equipment Lease Debt Service Fund to the following Account:

 

02-523-012-9614-G MAST Defibrillators Lease Debt Service $ 27,318.00

 

Section 9. The Director of Finance is hereby designated as the requisitioning authority for Account Nos. 02-323-051-2143-E and 02-523-012-9614-G.

 

Section 10. 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 11. That the City declares its 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 lease purchase of the Equipment with the lease purchase proceeds. The maximum principal amount of funds for the lease purchase of the Equipment is expected is not to exceed $367,580.00. This constitutes a declaration of official intent under Treasury Regulation 1-150-2.

 

Section 12. That this ordinance appropriating money is declared an emergency measure within the provisions of Section 15, Article II of the Charter of Kansas City, and takes 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.

 

 

 

____________________________________

Director of Finance

 

Approved as to form and legality:

 

 

___________________________________

Assistant City Attorney