ORDINANCE
NO. 190546
Authorizing the Director of
Finance to accept a proposal of Banc of America Public Capital Corp
("BAPCC") to finance the acquisition of Kansas City Police Department
In-Vehicle Cameras ("Project"); authorizing the execution of any and
all documents and agreements necessary for the financing; estimating revenue in
the amount of $6,619,005.00 and appropriating the same in Fund No. 3230, the
Equipment Lease Capital Acquisition Fund; estimating revenue in the amount of
$6,609,005.00 and appropriating the same to the Kansas City, Missouri Police
Department ("KCPD"); designating requisitioning authority; declaring
the City's intent to reimburse itself for certain expenses; approving Lease
Counsel; authorizing the Director of Finance to close project accounts; and
recognizing this ordinance as having an accelerated effective date.
WHEREAS, the
KCPD hardware/software providing Police Department vehicles with an in-vehicle
digital recording system and software management is outdated and no longer
supported; and
WHEREAS, the
KCPD in-vehicle digital recording system and software are an integral part of
police operations; and
WHEREAS,
replacement of the current system will allow continued documentation of police
activities promoting transparency and public trust; and
WHEREAS, the
cost of acquisition and implementation 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 funded by the Public Safety Sales Tax over a successive five (5) 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 $6,619,005.00.
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 Lease Proceeds
$6,619,005.00
Section 4. That
the sum of $6,619,005.00 is hereby appropriated from Fund No. 3230, the
Unappropriated Fund Balance of the Equipment Lease Capital Acquisition Fund to
the following accounts:
KCMBU-AL-3230-129996-X Transfer to KCPDU
$6,609,005.00
KCMBU-AL-3230-129620-B Cost of Issuance
10.000.00
TOTAL
$6,619,005.00
Section 5. That
the revenue in the following account of the Equipment Lease Capital Acquisition
Fund is hereby estimated in the following additional amount:
KCPDU-AL-3230-210000-599900 Transfer from KCMBU
$6,609,005.00
Section 6. That
the sum of $6,609,005.00 is hereby appropriated from Fund No. 3230, the
Unappropriated Fund Balance of the Equipment Lease Capital Acquisition Fund to
the following account:
KCPDU-AL-3230-217700-E-21INCAR Police
Equipment $6,609,005.00
Section 7. That
the Board of Police Commissioners is hereby designated as requisitioning
authority for KCPDU-AL-3230-217700, and that the Director of Finance is hereby
designated as requisitioning authority for Account Nos. KCMBU-AL-3230-129996
and KCMBU-AL-3230-129620.
Section 8. 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 amount of lease
proceeds for the Project expected to be financed under the Lease is
$6,619,005.00. This constitutes a declaration of official intent under Treasury
Regulation Section 1.150-2.
Section 9. That
the City approves Kutak Rock LLP to serve as Lease Counsel for the City in
connection with the financing of the Project.
Section 10. That
the Director of Finance is hereby authorized to close project accounts, open
encumbrances and retainage related to the accounts in Section 4 and Section 6,
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.
Section 11. 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.
_____________________________________________
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:
___________________________________
Katherine
Chandler
Assistant City Attorney