HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/06/2004 - FIRST READING OF ORDINANCE NO. 055, 2004, APPROPRI ITEM NUMBER: 14
AGENDA ITEM SUMMARY DATE: April 6, 2004
FORT COLLINS CITY COUNCIL
STAFF: John Stokes
SUBJECT
First Reading of Ordinance No. 055, 2004, Appropriating Prior Year Reserves in Capital Projects
Fund - Natural Areas Capital Project for Transfer to the Natural Areas Fund and Authorizing the
Transfer of Appropriated Amounts to be Used for Natural Areas Acquisition, Construction,
Enhancement and Maintenance.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
FINANCIAL IMPACT
This action will appropriate $4,400,000 in unexpended and unencumbered Building Community
Choices sales tax revenue to the Natural Areas Fund and move existing appropriations of$4,635,364
from the Building Community Choices—Natural Areas Fund within the Capital Projects Fund to the
Natural Areas Fund.
EXECUTIVE SUMMARY
The Building Community Choices ("BCC') sales tax stipulates that revenues remaining
unencumbered after completion of projects set forth in the ordinance shall be used for natural areas
acquisition, construction, enhancement and maintenance. The unspent revenues in this fund as of
December 31,2003 were$4,400,000. The recommendation is that these funds now be appropriated
for the above stated purposes.
In addition this ordinance will move appropriations of$4,635,364 from the BCC—Natural Areas
Fund within the Capital Projects Fund to the Natural Areas Fund in compliance with the
Governmental Accounting Standards Board requirements.
BACKGROUND
In 1997 the quarter cent BCC sales tax was extended for a period of eight years. The ordinance
imposing the tax states that "any revenues generated by the Tax and remaining unexpended and
unencumbered after the completion of all the projects described on Exhibit `A',excluding any such
projects eliminated by the City Council under the provisions of Section 2 (b) (I) or(ii)above, shall
April 6, 2004 -2- Item No. 14
be used for the acquisition,construction,enhancement and maintenance of natural areas,open lands,
trails, wildlife habitat and other natural areas as described on Exhibit `A' ". The balance of these
revenue savings at December 31, 2003 was $4,400,000. If adopted, this Ordinance would
appropriate the $4,400,000 and transfer the funds into the Natural Areas Fund to be used for the
acquisition,construction,enhancement and maintenance of natural areas,open lands,trails,wildlife
habitat and other natural areas.
Government accounting standards place special emphasis on the reporting of capital assets and
related projects that create the City's capital assets. There are funds in the amount of$4,635,364,
separate and distinct from the $4,400,000 of BCC unexpended funds discussed above, which are
unspent and unencumbered appropriations in the Capital Projects Fund for Building Community
Choices-Natural Areas capital project. In order to comply with accounting standards for reporting,
as established by the Governmental Accounting Standards Board,these funds need to be transferred
from the Capital Projects Fund for Building Community Choices-Natural Areas capital project to
the Natural Areas Fund.
The purpose for which the previously appropriated funds were initially appropriated remains the
same, that being acquisition, construction,enhancement and maintenance of trail systems,wildlife
habitat and other natural areas to benefit the citizens of the city. Staff recommends that said unspent
and unencumbered funds be transferred to the Natural Areas Fund and that such funds be used for
acquisition,construction,enhancement and maintenance of trail systems,wildlife habitat and other
natural areas to benefit the citizens of the city.
ORDINANCE NO. 055, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN CAPITAL
PROJECTS FUND - NATURAL AREAS CAPITAL PROJECT
FOR TRANSFER TO THE NATURAL AREAS FUND AND
AUTHORIZING THE TRANSFER OF APPROPRIATED AMOUNTS
TO BE USED FOR NATURAL AREAS ACQUISITION, CONSTRUCTION,
ENHANCEMENT AND MAINTENANCE
WHEREAS, on April 8, 1997, the voters of the City approved Ordinance No. 29, 1997
("Ordinance"), authorizing the imposition of a quarter cent sales and use tax for the purpose of
generating revenues for natural areas and trails and for the construction of certain park projects
described in the Building Community Choices ("BCC") capital improvement program; and
WHEREAS, the following five projects were approved for funding by the voters:
1. Natural Areas and Trail Acquisition, Construction, Enhancement
and Maintenance
2. Community Horticulture Center
3. Fossil Creek Community Park Construction
4. Community Park Improvements
5. Regional Trails; and
WHEREAS,the Ordinance also specified that any revenues generated from the quarter cent
sales and use tax and remaining unexpended and unencumbered after the completion of all projects,
excluding any such projects eliminated by the City Council under the provisions of Section 2(b)(i)
or (ii), of the Ordinance, shall be used for the acquisition, construction, enhancement and
maintenance of trail systems, wildlife habitat and other natural areas to benefit the citizens of the
city; and
WHEREAS,as of December 31,2003,revenues collected from the quarter cent sales and use
tax, approved by the voters, in accordance with Ordinance No. 29, 1997, have covered the design
and cost of the improvement projects specified in said ordinance, and have contributed to an
unexpended and unencumbered balance totaling$4.4 million; and
WHEREAS, Staff recommends appropriating the aforementioned sales and use taxes,
totaling$4.4 million,which have exceeded the funding required for the projects associated with the
Ordinance, in the Natural Areas Fund to be used for acquisition, construction, enhancement and
maintenance of trail systems, wildlife habitat and other natural areas to benefit the citizens of the
city; and
WHEREAS, Article V, Section 9 of the Charter of the City of Fort Collins, ("Charter")
permits the City Council to appropriate 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, additionally, unspent and unencumbered appropriations in the Building
Community Choices -Natural Areas capital project, approved via the Ordinance,total$4,635,364;
and
WHEREAS, Staff recommends transferring these unspent, unencumbered appropriations,
totaling $4,635,364, from the Capital Projects Fund for Building Community Choices - Natural
Areas capital project to the Natural Areas Fund,in order to better comply with accounting standards
for reporting, as established by the Governmental Accounting Standards Board; and
WHEREAS,the purpose for which the previously appropriated funds in the Capital Projects
Fund for Building Community Choices-Natural Areas capital project ($4,635,364), were initially
appropriated remains the same, and the City Manager has recommended that said unspent and
unencumbered funds be transferred to the Natural Areas Fund and that such funds be used for
acquisition,construction,enhancement and maintenance of trail systems,wildlife habitat and other
natural areas to benefit the citizens of the city; and
WHEREAS,Article V,Section 10, of the Charter authorizes the City Council to transfer by
ordinance any unexpended and unencumbered amount or portion thereof from one fund or capital
project to another fund or capital project, provided the purpose for which the transferred funds are
to be expended remains unchanged; and
WHEREAS, it is the desire of the Council to appropriate $4.4 million from prior year
reserves in the Capital Project Fund for Building Community Choices Natural Areas and Parks
projects and authorize the transfer of said amount to the Natural Areas Fund, for appropriation
therein, and to authorize the transfer of existing appropriations totaling $4,635,364 in the Capital
Projects Fund for Building Community Choices-Natural Areas capital project,to the Natural Areas
Fund and that such funds be used for acquisition,construction,enhancement and maintenance of trail
systems, wildlife habitat and other natural areas to benefit the citizens of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That there is hereby appropriated for expenditure from prior year reserves in
the Capital Project Fund for Building Community Choices Natural Areas and Parks projects for
transfer to the Natural Areas Fund and appropriated therein the sum of FOUR MILLION FOUR
HUNDRED THOUSAND DOLLARS ($4,400,000) to be used for acquisition, construction,
enhancement and maintenance of trail systems,wildlife habitat and other natural areas to benefit the
citizens of the city.
Section 2. That the unexpended appropriated amount of FOUR MILLION SIX
HUNDRED THIRTY-FIVE THOUSAND THREE HUNDRED SIXTY-FOUR DOLLARS
($4,635,364) is hereby authorized for transfer from the Capital Projects Fund for Building
Community Choices - Natural Areas capital project to the Natural Areas Fund, and appropriated
therein, to be used for acquisition, construction, enhancement and maintenance of trail systems,
wildlife habitat and other natural areas to benefit the citizens of the city.
Introduced and considered favorably on first reading and ordered published this 6th day of
April, A.D. 2004, and to be presented for final passage on the 20th day of April, A.D. 2004.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 20th day of April, A.D. 2004.
Mayor
ATTEST:
City Clerk