HomeMy WebLinkAbout2024-06-03 Resolution 2024-219_Bonds, Police TasersRESOLUTION 2024-219
RESOLUTION AUTHORIZING ACTION FOR A MASTER
SERVICES AND PURCHASING AGREEMENT PAYABLE
FROM THE GENERAL FUND IN THE PRINCIPAL AMOUNT
OF $156,621.60 FOR PERSONAL PROPERTY FOR USE BY
THE CITY
WHEREAS, the City of Waukee, State of Iowa (the "City"), is in need of funds to pay
costs of purchasing equipment for the police department, and it is deemed necessary and
advisable that the Master Services and Purchasing Agreement in the principal amount of
$156,621.60 be entered into for such purpose; and
WHEREAS, pursuant to notice published as required by Sections 384.24A and 384.25 of
the Code of Iowa, as amended (the "Code"), this Council has held a public meeting and hearing
upon the proposal to institute proceedings for the authorization of a Master Services and
Purchasing Agreement in the amount of $156,621.60 payable from the General Fund, and the
Council is therefore now authorized to proceed with the authorization of the Agreement; and
WHEREAS, Axon Enterprise, Inc. ("Axon") has agreed to sell to the City the Equipment,
pursuant to the terms of the Master Services and Purchasing Agreement, between the City and
Axon; and
WHEREAS, the Master Services and Purchasing Agreement shall be payable from the
General Fund of the City, and annual payments due on the proposed Master Services and
Purchasing Agreement and all other general fund loan agreements in force on the date of
authorization will not exceed ten (10) percent of the last certified General Fund budget amount;
and
WHEREAS, the Master Services and Purchasing Agreement shall begin on the date the
City acquires the Equipment, and the Resolution approves, authorizes, and confirms the Master
Services and Purchasing; and
WHEREAS, it appears that such instruments are in appropriate form and are appropriate
instruments for the purposes intended.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WAUKEE, STATE OF IOWA:
Section 1. Definitions. The following terms shall have the following meanings in this
Resolution unless the text expressly or by necessary implication requires otherwise:
"Axon" shall mean Axon Enterprise, Inc., an Arizona Corporation.
�J "Equipment" shall mean the equipment for the police department, as more
particularly described in the Agreement.
"Issuer" or "City" shall mean the City of Waukee, State of Iowa.
"Master Services and Purchasing Agreement" or "Agreement" shall mean, the
agreement for the purchase of police equipment, by and between the City and Axon.
"Resolution" shall mean this resolution authorizing the Agreement, and general
fund payments thereunder.
Section 2. Authority and Purpose. The Agreement authorized by this Resolution shall be
authorized pursuant to Sections 384.24A and 384.25 of the Code of Iowa, and in compliance
with all applicable provisions of the Constitution and laws of the State of Iowa. The Agreement
is hereby authorized in the principal amount of $156,621.60 for the purpose of paying costs of
equipping the police department.
Section 3. Approval of Agreement. Axon shall provide the Equipment to the City
pursuant to the Agreement, which provides for the payment by the City in the amounts and in
installments as specified therein. The form and content of the Agreement, the provisions of
which are incorporated herein by reference, hereby are in all respects authorized, approved, and
confirmed; and from and after the execution and delivery of the Agreement, the Mayor and the
City Clerk are hereby authorized, empowered and directed to do all such acts and things and
execute all such documents as may be necessary to carry out and comply with the provisions of
the Agreement as executed, and as they may deem necessary or appropriate in order to
implement and carry out the intent and purposes of this Resolution.
Section 4. Pledge of General Fund; Other Funds to be Used.
(a) Pledge of Funds. That for the purpose of providing funds to pay the
payments due under the Agreement herein authorized, there shall be paid from funds in
the General Fund for each future year the following amounts:
FISCAL YEAR (JULY 1 TO JUNE 30)
AMOUNT YEAR OF COLLECTION
$31,324.32
$31,324.32
$31,324.32
$31,324.32
$31,324.32
2024/2025
2025/2026
2026/2027
2027/2028
2028/2029
(b) Other Funds. Nothing herein restricts the ability of the City to transfer other
available funds into the General Fund for purposes of satisfying the Agreement.
(c) Additional City Funds Available. Payments coming due at any time when the
funds in the General Fund shall be insufficient to pay the same shall be promptly paid
when due from current funds of the City available for that purpose and reimbursement
shall be made from such special fund in the amounts thus advanced.
Section 5. Loan Fund. Monies in the General Fund shall be converted into a special fund
therein to be known as the "2024 EQUIPMENT LOAN FUND NO. 1" (the "Loan Fund"), which
is hereby pledged for and shall be used only for the payments of the Agreement.
Section 6. Resolution a Contract. The provisions of this Resolution shall constitute a
contract between the Issuer and the holder or holders of the Agreement, and after the
authorization of the Agreement no change, variation, or alteration of any kind in the provisions
of this Resolution shall be made in any manner, except as provided in the next succeeding
Section, until such time as all of the Agreement, shall have been satisfied and discharged as
provided in the Agreement.
Section 7. Severabilfty Clause. If any section, paragraph, clause or provision of this
Resolution be held invalid, such invalidity shall not affect any of the remaining provisions
hereof, and this Resolution shall become effective immediately upon its passage and approval.
Section 8. Repeal of Conflicting Resolutions. All resolutions in conflict herewith are
hereby repealed.
PASSED AND APPROVED this 3rd day of June, 2024.
Mayor Pto Tern
ATTEST:
.at44�vll
City Clerk
RESULTS OF VOTE:
AYE NAY ABSENT ABSTAIN
R. Charles Bottenberg
X
Chris Crone
X
Rob Grove
X
Anna Bergman Pierce
X
Ben Sinclair
X