COMMITTEE SUBSTITUTE
FOR ORDINANCE NO. 130092
Authorizing the Director of
Finance to accept the proposal of Banc of America Public Capital Corporation
(“BAPCC”) for financing the improvements to multiple fire stations to comply
with Gender Neutral and Americans with Disabilities Act (“ADA”) requirements
(collectively the “Project”) under a Master Equipment Lease/Purchase Agreement
(“Lease”) in an approximate principal amount not to exceed $918,000; estimating
and appropriating $918,000 in lease proceeds; authorizing the execution of any
and all documents and agreements necessary for the financing; designating
requisitioning authorities; authorizing the Director of Finance to close
project accounts upon project completion; and declaring the intent of the City
to reimburse itself from the lease purchase proceeds for certain expenditures.
WHEREAS, the renovation of the
fire stations will provide male and female firefighters separate restrooms,
showers, locker areas and individual bunk cubicles; and
WHEREAS specific
fire stations were assessed by the Department of Justice (“DOJ”) and ADA
deficiencies were found and need to be corrected on a specific timetable agreed
to by the City and the DOJ;
WHEREAS the City
entered into a Settlement Agreement with the DOJ on July 26, 2012 under Project
Civic Access; and
WHEREAS the City
is obligated to comply with the terms of the Settlement Agreement, including
correcting structural and building deficiencies and bring such deficiencies
into ADA compliance; and
WHEREAS, the General Services
Department, City Architect’s Office and the Fire Department will coordinate the
selection of the Design Build Team and will assist in the design and
coordination of the construction of the fire station renovations; and
WHEREAS, the cost of
acquisition and implementation of the Project is expected to be financed under
the Lease with BAPCC by one draw upon the Lease; and
WHEREAS, the payment of
scheduled debt service payments on the draw made under the Lease is estimated
to be paid from the Fire Sales Tax over a successive three-year (3) 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 financing the
Project through one (1) draw upon the Lease in an approximate principal amount
not to exceed $918,000.00.
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. $918,000.00
Section 4. That the sum of
$918,000.00 is hereby appropriated from the Unappropriated Fund Balance of Fund
No. 3230, the Equipment Lease Capital Acquisition Fund, to the following
account:
AL-3230-238027-B-238027GN_IMPROV
Gender Neutral Renovations $768,000.00
AL-3230-107002-B-10007002__ADA
Compliance Renovations 150,000.00
TOTAL $918,000.00
Section 5. That the Chief of
the Fire Department is hereby designated as requisitioning authority for
Account No. AL-3230-238027-B
and that the City Manager is hereby designated as requisitioning authority for
Account No. AL-3230-107002-B.
Section 6. That the Director
of Finance is hereby authorized to close the project account upon project
completion and return the unspent portion of the appropriation to the Fund
Balance from which it came.
Section 7. 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 lease expected
to be drawn from the Lease. The maximum principal amount expected to be
financed under this lease is $918,000.00. This constitutes a declaration of
official intent under Treasury Regulation Section 1.150-2.
____________________________________________
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