HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/05/2022 - FIRST READING OF ORDINANCE NO. 038, 2022, APPROPRIItem # 7 Page 1
AGENDA ITEM SUMMARY
Agenda Item 9
April 5, 2022
Accounting, Sales Tax, Treasury
STAFF
Blaine Dunn, Accounting Director
Ingrid Decker, Legal
SUBJECT
First Reading of Ordinance No. 038, 2022, Appropriating Prior Year Reserves in the Sales and Us e Tax Fund
for Transfer to the Natural Areas Fund and appropriating those funds in the Natural Areas Fund.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate reserves in the Sales and Use Tax Fund , transfer them to the Natural
Areas Fund and appropriate those funds in the Natural Areas Fund. These are funds due to the Natural Areas
Fund through the ¼ cent Open Space Yes! ballot measure.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Funds are transferred monthly from the Sales and Use Tax Fund to the Natural Areas Fund. The ballot
language for Open Space Yes! requires the ¼ cent tax to be received in the Sales and Use Tax Fund before
being transferred to other funds. In years when there are higher sales and use tax collections than projected,
there are not enough appropriations to transfer the full amount due to the Natural Areas Fund. This Ordinance
transfers a portion of the remaining taxes due to the Natural Areas Fund. Once the final audited 2021 revenue
is complete, staff will true up any additional amount due to the Natural Areas fund through the Annual
Adjustment Ordinance. The funds are not available for any other use, as they are the tax collections of the
Open Space Yes! ballot measure.
The sales and use tax revenue received in 2021 was higher than projected and existing appropriations were
not adequate to make the full transfer from the Sales and Use Tax Fund to the Natural Areas Fund for the one
quarter cent Natural Areas tax. Adjustments to other funds are not needed because the tax revenues are
recorded directly into those funds. This item appropriates additional funds in the amount of $1,700,000 from
prior year reserves for transfer from the Sales and Use Tax Fund to the Natural Areas Fund and appropriates
those funds in the Natural Areas Fund.
CITY FINANCIAL IMPACTS
This ordinance increases the total appropriations of the City in the Sales and Use Tax Fund by $1,700,000.
The $1,700,000 will be transferred to the Natural Areas Fund and will then be appropriated for use in the
Natural Areas Fund, increasing the total appropriations in that fund by the $1,700,000.
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ORDINANCE NO. 038, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE SALES AND USE TAX FUND
FOR TRANSFER TO THE NATURAL AREAS FUND AND
APPROPRIATING THOSE FUNDS IN THE NATURAL AREAS FUND
WHEREAS, the sales and use tax revenue received in 2021 was higher than projected
and existing appropriations were not sufficient to transfer from the Sales and Use Tax Fund the
full amount due to the Natural Ares Fund from the Open Space Yes 1/4 cent sales tax; and
WHEREAS, the purpose of this Ordinance is to increase the total appropriations in the
Sales and Use Tax Fund by $1,700,000, transfer that amount to the Natural Areas Fund, and then
appropriate the funds transferred in the Natural Areas Fund; and
WHEREAS, this appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of providing funding from the Open
Space Yes! ballot measure for expenditure by the City’s Natural Areas Department, as required
by the ballot language approved by the voters; and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make supplemental appropriations by ordinance at any
time during the fiscal year such funds for expenditure as may be available from reserves
accumulated in prior years, notwithstanding that such reserves were not previously appropriated;
and
WHEREAS, the Interim City Manager has recommended the appropriation described
herein and determined that this appropriation is available and previously unappropriated from the
Sales and Use Fund and will not cause the total amount appropriated in the Sales and Use Tax
Fund to exceed the current estimate of actual and anticipated revenues and all other funds to be
received in this Fund during this fiscal year.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations
and findings contained in the recitals set forth above.
Section 2. That there is hereby appropriated from prior year reserves in the Sales and
Use Tax Fund the sum of ONE MILLION SEVEN HUNDRED THOUSAND DOLLARS
($1,700,000) to be expended in the Sales and Use Tax Fund for transfer to the Natural Areas
Fund and appropriated therein.
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Introduced, considered favorably on first reading, and ordered published this 5th day of
April, A.D. 2022, and to be presented for final passage on the 19th day of April, A.D. 2022.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 19th day of April, A.D. 2022
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk