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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/15/2005 - ITEMS RELATING TO THE 2006 DOWNTOWN DEVELOPMENT AU ITEM NUMBER: 15 AGENDA ITEM SUMMARY DATE: November15, 2005 FORT COLLINS CITY COUNCIL STAFF: Darin Atteberry Chip Steiner Chuck Seest SUBJECT Items Relating to the 2006 Downtown Development Authority Budget. RECOMMENDATION Staff and the Downtown Development Authority Board of Directors recommend adoption of the Ordinances on Second Reading. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 140,2005,Appropriating Operating Funds and Approving the Budget of the Downtown Development Authority for the Fiscal Year Beginning January 1, 2006, and Fixing the Mill Levy for the Downtown Development Authority for 2006 at Five Mills. B. Second Reading of Ordinance No. 141, 2005, Appropriating Revenue in the Downtown Development Authority Debt Service Fund for Payment of Debt Service for the Year 2006. The Downtown Development Authority Board of Directors adopted its proposed budget for 2006, totaling$2,377,757,on November 3,2005. The Board determined the mill levy necessary to provide for payment of administrative costs incurred by the DDA,at its regular meeting of October 6,2005. Ordinance No. 141, 2005, appropriates funds for 2006 from the tax increment received by the City for the DDA for debt service payments. Ordinance Nos. 140 and 141, 2005, were unanimously adopted on First Reading on November 2, 2005. ORDINANCE NO. 140, 2005 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING OPERATING FUNDS OF THE DOWNTOWN DEVELOPMENT AUTHORITY FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2006, AND FIXING THE MILL LEVY FOR THE DOWNTOWN DEVELOPMENT AUTHORITY FOR FISCAL YEAR 2006 WHEREAS,the Fort Collins Downtown Development Authority(the"DDA")has been duly organized in accordance with Section 31-25-804, C.R.S.; and WHEREAS,on October 6,2005,the Board of Directors of the DDA("DDA Board"),acting under the provisions of Section 31-25-816, C.R.S., adopted a budget for the fiscal year beginning January 1, 2006, and determined the mill levy necessary to provide for payment during fiscal year 2006 of all properly authorized expenditures to be incurred by the DDA; and WHEREAS, it is the desire of the Council to appropriate the sum of TWO MILLION THREE HUNDRED SEVENTY-FIVE THOUSAND FIVE HUNDRED FIFTY TWO DOLLARS ($2,377,757)in the DDA Operation and Maintenance Fund for the fiscal year beginning January 1, 2006 and ending December 31, 2006,to be used as follows: • DDA Operations &Maintenance from taxation and otherwise $ 817,757 • DDA Projects from anticipated bond proceeds 1,000,000 • Cultural Program from anticipated bond proceeds and donations 560,000 WHEREAS,the DDA Board has recommended to the Council a mill levy of 5.0 mills upon each dollar of assessed valuation of all taxable property within the DDA District, such levy representing the amount of taxes for DDA purposes necessary to provide for payment during the ensuing fiscal year for all properly authorized expenditures to be incurred by the DDA; and WHEREAS,Section 39-5-128(1),C.R.S.,requires certification of any tax levy to the Board of County Commissioners no later than December 15, 2005 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 the Downtown Development Authority Operations and Maintenance Fund the sum of EIGHT HUNDRED SEVENTEEN THOUSAND SEVEN HUNDRED AND FIFTY-SEVEN DOLLARS ($817,757), to be raised by taxation and otherwise, to be expended for the authorized purposes of the DDA. Section 2. That there is hereby appropriated for expenditure from the Downtown Development Authority Operations and Maintenance Fund the sum of ONE MILLION FIVE HUNDRED FIFTY THOUSAND DOLLARS ($1,550,000), to be raised by bond proceeds anticipated to be issued in 2006. Section 3. That the 2006 mill levy rate for the taxation upon each dollar of the assessed valuation of all taxable property within the DDA District as of December 31,2005 shall be 5.0 mills, which levy represents the amount of taxes for the District purposes to provide for payment during the aforementioned fiscal year of all properly authorized expenditures to be incurred by the District. Said mill levy shall be certified to the County Assessor and the Board of County Commissioners of Larimer County, Colorado,by the City Clerk as provided by law. Introduced, considered favorably on first reading, and ordered published this 2nd day of November, A.D. 2005, and to be presented for final passage on the 15th day of November, A.D. 2005. Mayor ' ATTEST: 12A /�W` City Clerk I?, Passed and adopted on final reading this 15th day of November, A.D. 2005. Mayor ATTEST: City Clerk ORDINANCE NO. 141, 2005 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING REVENUE IN THE DOWNTOWN DEVELOPMENT AUTHORITY DEBT SERVICE FUND FOR PAYMENT OF DEBT SERVICE AND LEASE PAYMENT FOR THE YEAR 2006 WHEREAS,the Downtown Development Authority(the"DDA')is a body corporate duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the Downtown Development Authorities Act of the State of Colorado, Section 31-25- 801, C.R.S. et seq. (the "Act"), and the powers of the DDA Board of Directors include the power to borrow money and to finance public improvements within the boundaries of the DDA; and WHEREAS,the Council of the City of Fort Collins,in Ordinance No. 149, 1984,authorized the issuance of Tax Increment Bonds,Series 1984A,dated October 1, 1984,in the aggregate amount of$8,200,000,which bonds were subsequently refunded in 1985, 1998, 1992, and 2001; and WHEREAS,the Council,in Ordinance No.088,2004,authorized the issuance of$6,235,000 of Subordinate Tax Increment Revenue Bond, Series 2004A, dated June 14, 2004; and WHEREAS, the DDA expects to issue additional bonds in 2006 in the amount of $1,550,000; and WHEREAS, the DDA's payment for principal, interest, and debt service requirements on the total outstanding bonds will be$1,690,005 in 2006; and WHEREAS, the Council, in Ordinance No. 128, 1998, authorized the issuance of Lease Certificates of Participation Series 1998 in the amount of$17,210,000 of which $6,920,000 is attributable to the C-ivie Center Parking Shtteture; and WHEREAS,pursuant to its intergovernmental agreement with the City and Larimer County, the DDA has agreed to pay one-third of the lease payments attributable to the Parking Structure each year through 2006; and WHEREAS, the DDA's share of the 2006 lease payments for the Parking Structure is $281,149; and WHEREAS,pursuant to Section 31-25-816,C.R.S.,the appropriation of DDA debt service is subject to approval by the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That there is herby appropriated for expenditure from the Downtown Development Authority Debt Service Fund the sum of ONE MILLION SIX HUNDRED NINETY- THOUSAND FIVE DOLLARS($1,690,005)for payment of debt service on previously issued and outstanding bonds. Section 2. That there is hereby appropriated for expenditure from the Downtown Development Authority Debt Service Fund the sum of ONE MILLION DOLLARS ($1,550,000) for payment of debt service on bonds anticipated to be issued in 2005. Section 3. That there is hereby appropriated for expenditure from the Downtown Development Authority Debt Service Fund the sum of TWO HUNDRED EIGHTY-ONE THOUSAND ONE HUNDRED FORTY-NINE DOLLARS ($281,149), which amount is hereby authorized for transfer to the City of Fort Collins Capital Leasing Corporation Fund to be used to cover the DDA's one-third share of the lease payment on the Civic Center Parking Structure. Introduced, considered favorably on first reading, and ordered published this 2nd day of November, A.D. 2005, and to be presented for final passage on the 15th day of November, A.D. 2005. i g ATTEST: City Clerk�(�,' ��jpilfs Passed and adopted on final reading this 15th day of November, A.D. 2005. Mayor ATTEST: City Clerk ITEM NUMBER: 20 AGENDA ITEM SUMMARY DATE: November 2, 2005 FORT COLLINS CITY COUNCIL STAFF: Darin Atteberry Chip Steiner Chuck Seest f SUBJECT„ EIF,,, ,n Items Relating to the 2006 Downtown Development Authority Budget. RECOMMENDATION Staff and the Downtown Development Authority Board of Directors recommend adoption of the Ordinances on First Reading. FINANCIAL IMPACT Ordinance No. 140,2005,sets �Down wn D ve p nt'i' th ity("DDA")annual mill levy at 5.0 mills and appropriates $2, 7,757 i the O r o and imenance Fund. Of this amount, $817,757 covers administrativ else or DA,A, $560, 0 covers the program expenses of the Downtown Cultural Program, and $1,000,000 is for DDA participation in projects in the downtown area. The mill levy is projected to generate $399,041. Funds for DDA participation in downtown projects and for the Downtown Cultural Program will come in the form of a request to City Council for authorization of a new bond in 2006. The balance of funds for administrative expenses comes from the following sources: the mill levy that the DDA Board of Directors ("Board") is recommending remain unchanged at 5.0 mills for 2006; interest earnings; and unexpended revenues remaining in the 2005 budget. Ordinance No. 141,2005,appropriates the tax increment revenue for debt service to be paid in 2006. The debt includes DDA revenue bonds,DDA subordinate revenue bonds,the DDA share of the lease purchase certificates ofparticipation for the Civic Center Parking Structure,and monies for projects supported by the Tax Increment Revenues from the expansion of the DDA boundaries. The total tax increment revenue for 2006 is projected to be$3,338,956. The 2006 appropriation in the Downtown Development Authority Debt Sepice„F'ur 44s,§,3,5 yl 4 a whit ►•-$1,550,000 is anticipated debt to be recovered in 2006, and $ �71,15ps cumt' November 2, 2005 -2- Item No. 20 EXECUTIVE SUMMARY apt ' ,yI y �+p� III9 _.a}�'� A. First Reading of Ordin ce Not 6, 2 p pn mg Operating Funds and Approving the Budget of the Do wn De lopm t hrity the Fiscal Year Beginning January 1,2006,and Fixing the ,k„I,e�y qr tho o•, „town De ±lopment Authority for 2006 at five mills. The Board will adopt their proposed budget for 2006,totaling$2,377,757, on November 3, 2005. The Board determined the mill levy necessary to provide for payment of administrative costs incurred by the DDA, at its regular meeting of October 6, 2005. B. First Reading of Ordinance No. 141, 2005, Appropriating Revenue in the Downtown Development Authority Debt Service Fund for Payment of Debt Service for the Year 2006. This Ordinance appropriates funds for 2006 from the tax increment received by Y the City for the DDA for debt service payments. Debt service and annual lease payments include: Existing Debt 2004 Subordinate Bon S281 4 0�' Prior year refunding Beds 1� j 5 Share of Parking Structu6 4• 1 $1,971,154 Anticipated debt to be incurred in 2006 2006 DDA Projects 1,000,000 2006 Downtown Cultural Program 550,000 $1,550,000 TOTAL $3,521,154 BACKGROUND i��� •�y��it _•� anmF ^, � Through action of City Councili' d the ahfiej 1 to �th i y of Fort Collins created the DDA in 1981. The purpose of the Ill ,A is to an an� cement i rovements within its boundaries . The DDA established a Plano �bevelopment,`'"Plan'•') that s cified the types of projects that it would undertake. In order to undertake the Plan,the City on behalf of the DDA has issued various bond anticipation notes and revenue bonds. The first issuance of revenue bonds for the DDA occurred in 1984. Subsequently,the bonds have been refunded to effect savings and to better match the tax increment of the authority with the debt service of the bonds. The first refunding of the bonds occurred in 1985. The most recent refunding of the bonds occurred in 2001. The most recent issuance of new bonds occurred in 2004. The total debt service on outstanding and anticipated bonds for 2006 will be $3,240,005. November 2, 2005 -3- Item No. 20 In addition to the debt service on the outstanding bond issues, the DDA has entered into an agreement with the City to use some of the tax increment for the downtown Civic Center Parking Structure. According to the agreement with the City of Fort Collins and Larimer County,the DDA is to pay a share of the annual 1 ee trt th E 'c ter)Parking Structure. In 2006, the A DDA share of the payment is 81,149. � � II it nwi'�rl a =r•b�� financed wit�ax increment monies. Please see The Downtown Cultural Progrb Attachment A which is a synopsis of the Downtown Cultural Program. Although historically the DDA has used tax increment monies primarily for acquisition of property interests and installation of public improvements,the state statute governing downtown development authorities permits the use of such monies for any undertaking or activity of an authority, whether economic or physical, as authorized in the plan of development for the authority. The DDA's Plan is replete with references to cultural programs and activities, including the following most significant ones: OBJECTIVES AND PURPOSES To maintain the District as a regional center for commercial financial governmental, social, recreational, and cultural activities and to prevent deterioration o N Ix V a, � -ryr ...t ,. fro cc � �G i V �11',. PRIORITIES IIEo t„x,,, Ott......,,.t Encourage activities and services that will attract the entire community and also attract tourism by broadening the entertainment, cultural and social activities and events that take place in the District. Encourage projects that will promote the image of the District as a place for entertainment,relaxation, conversation, education, center of art and center of culture." In addition to the projects financed using the tax increment from the Authority, the DDA has the ability to impose a mill levy for the administration, operation, and maintenance of the entity. The mill levy for 2006 is 5.0 mills. According to preliminary information from the County Assessor,this mill levy should generate $399,041 of revenue in 2006. The total operating budget for the DDA is $2,347,757. Staff has attached the correspo 1 r�s�urion d, teby laepgµd �A Board of Directors. ...gal .°.��8i,..,