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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 02/19/2013 - FIRST READING OF ORDINANCE NO. 026, 2013, APPROPRIDATE: February 19, 2013 STAFF: Bev Gast, Jill Stilwell Ellen Martin AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 17 SUBJECT First Reading of Ordinance No. 026, 2013, Appropriating Prior Year Reserves and Unanticipated Revenue in Various City Funds and Authorizing the Transfer of Appropriated Amounts Between Funds for the Art in Public Places Program. EXECUTIVE SUMMARY In 2012, Article XII of Chapter 23 of the City Code relating to Art in Public Places (APP) was amended by Ordinance No. 078, 2012. Part of those changes included an administrative policy change to move APP art projects from lapsing to non-lapsing capital project accounts to improve the accountability and transparency of APP projects. This Ordinance will complete that process by moving all reserved APP funds as of December 31, 2012 to new non-lapsing capital project accounts or to a lapsing administration and maintenance account. BACKGROUND / DISCUSSION The City Council established the Art in Public Places (APP) program in 1995 to encourage and enhance artistic expression and appreciation, adding value to the community through acquiring, exhibiting and maintain public art. The APP program is funded by setting aside one percent of all eligible city construction projects over $250,000, as defined in the APP guidelines. In 2012, City Council reviewed APP and requested changes to the program, including improving how the finances of the program are tracked. Council amended Article XII of Chapter 23 of the City Code relating to Art in Public Places through Ordinance No. 078, 2012. Those changes included an administrative policy change to move APP art projects from lapsing accounts to non-lapsing capital projects to improve accountability and transparency of APP projects. As APP projects span multiple years, non-lapsing capital accounts will allow for improved tracking of project expenses. Adoption of this ordinance will complete the process by moving all reserved APP funds as of December 31, 2012 to new non-lapsing capital project accounts or to a lapsing administration and maintenance account. FINANCIAL / ECONOMIC IMPACTS The following table details moving all reserved APP funds as of December 31, 2012 to new non-lapsing capital project accounts or to a lapsing administration and maintenance account. Cultural Services FROM TO AMOUNT Cultural Services APP reserves Non-lapsing Cultural Services APP Fund 256,923* *Allocated to projects in Parks, including Radiant Park; Building on Basics, including the Senior Center expansion; Trails, including Fossil Trail underpass; and other capital projects. February 19, 2013 -2- ITEM 17 Light & Power APP FROM TO AMOUNT Light & Power APP reserves Non-lapsing Light &Power APP Fund 542,196* Light & Power APP Reserves Lapsing Cultural Services Admin Fund 701501 92,737 Light & Power APP Reserves Non-Lapsing Cultural Services Fund 5,244** Total 640,177 *Allocated to the following Light & Power APP projects: $55,000 - 2013 Transformer Cabinet Murals $200,000 - Museum of Discovery $100,000 - Pickle Plant Entryway $55,000 - 2014 Transformer Cabinet Mural Water APP FROM TO AMOUNT Water APP reserves Non-lapsing Water APP Fund 751,838* Water APP Reserves Lapsing Cultural Services Admin Fund 701501 180,518 Water APP Reserves Non-Lapsing Cultural Services Fund 7,244** Total 939,600 * Allocated to the following Water APP Projects: $435,000 - Museum of Discovery $135,000 - Linden Street Pocket Park $130,000 - Water Restoration Project Wastewater APP FROM TO AMOUNT Wastewater APP reserves Non-lapsing Wastewater APP Fund 454,192* Wastewater APP Reserves Lapsing Cultural Services Admin Fund 701501 0 Wastewater APP Reserves Non-Lapsing Cultural Services Fund 2,752** Total 456,944 *Allocated to the following Wastewater APP Projects: $312,000 - Pickle Plant Entryway $120,000 - Water Restoration Project Stormwater APP FROM TO AMOUNT Stormwater APP reserves Non-lapsing Stormwater APP Fund 147,175* Stormwater APP Reserves Lapsing Cultural Services Admin Fund 701501 18,131 Stormwater APP Reserves Non-Lapsing Cultural Services Fund 5,244** Total 170,550 *Allocated to following Stormwater APP Projects: $40,000 - Storm Drain Markers $50,000 - Manhole Covers $20,000 - Flood Markers ** Past accounting discrepancies due to operation and maintenance expense allocation. STAFF RECOMMENDATION February 19, 2013 -3- ITEM 17 Staff recommends adoption of the Ordinance on First Reading. ATTACHMENTS 1. Ordinance No. 078, 2012 ATTACHMENT 1 ORDINANCE NO. 026, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES AND UNANTICIPATED REVENUE IN VARIOUS CITY FUNDS AND AUTHORIZING THE TRANSFER OF APPROPRIATED AMOUNTS BETWEEN FUNDS FOR THE ART IN PUBLIC PLACES PROGRAM WHEREAS, on April 25, 1995, the City Council adopted Ordinance No. 020, 1995, establishing the Art in Public Places (APP) program, adopting the Art in Public Places Guidelines (the “Guidelines”), and setting goals and requirements for the City’s acquisition, maintenance and exhibition of public art; and WHEREAS, the APP program is funded by setting aside one percent of the funds appropriated for all eligible City construction projects over $250,000, as defined in the Guidelines; and WHEREAS, from the time the APP program was created, all funds appropriated for APP purpose have been kept in lapsing accounts; and WHEREAS, on October 2, 2012, the City Council adopted Ordinance No. 078, 2012, amending Article XII of Chapter 23 of the City Code relating to Art in Public Places; and WHEREAS, among other changes, Ordinance No. 078, 2012 amended Section 23-303 of the City Code to state that budgets for the acquisition or lease of works of art will be non- lapsing, which will improve the accountability and transparency of APP projects; and WHEREAS, this Ordinance would complete the change contemplated by Ordinance No. 078, 2012, by moving all APP funds reserved as of December 31, 2012 to new, non-lapsing capital projects accounts or to a lapsing administration and maintenance account; and WHEREAS, Article V, Section 9 of the City 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, Article V, Section 9 of the City Charter further permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, Article V, Section 10 of the City Charter permits the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund to another fund, provided that the purpose for which the transferred funds are to be expended remains unchanged. 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 Light & Power Fund the amount of SIX HUNDRED FORTY THOUSAND ONE HUNDRED SEVENTY-SEVEN DOLLARS ($640,177) for the Light & Power - Art in Public Places Project as follows: Art in Public Places Projects $542,196 Transfer to Cultural Services Fund - APP Administration 92,737 Transfer to Cultural Services Fund - APP Projects 5,244 Total $640,177 Section 2. That there is hereby appropriated for expenditure from prior year reserves in the Water Fund the amount of NINE HUNDRED THIRTY-NINE THOUSAND SIX HUNDRED DOLLARS ($939,600) for the Water - Art in Public Places Project as follows: Art in Public Places Projects $751,838 Transfer to Cultural Services Fund - APP Administration 180,518 Transfer to Cultural Services Fund - APP Projects 7,244 Total $939,600 Section 3. That there is hereby appropriated for expenditure from prior year reserves in the Wastewater Fund the amount of FOUR HUNDRED FIFTY-SIX THOUSAND NINE HUNDRED FORTY-FOUR DOLLARS ($456,944) for the Wastewater - Art in Public Places Project as follows: Art in Public Places Projects $454,192 Transfer to Cultural Services Fund - APP Projects 2,752 Total $456,944 Section 4. That there is hereby appropriated for expenditure from prior year reserves in the Stormwater Fund the amount of ONE HUNDRED SEVENTY THOUSAND FIVE HUNDRED FIFTY DOLLARS ($170,550) for the Stormwater - Art in Public Places Project as follows: Art in Public Places Projects $147,175 Transfer to Cultural Services Fund - APP Administration 18,131 Transfer to Cultural Services Fund - APP Projects 5,244 Total $170,550 Section 5. That there is hereby appropriated for expenditure from prior year reserves in the Cultural Services & Facilities Fund the amount of TWO HUNDRED FIFTY-SIX THOUSAND NINE HUNDRED TWENTY-THREE DOLLARS ($256,923) for the Art in Public Places Project. -2- Section 6. That there is hereby appropriated for expenditure from unanticipated revenue in the Cultural Services & Facilities Fund the amount of TWENTY THOUSAND FOUR HUNDRED EIGHTY-FOUR DOLLARS ($20,484) for the Art in Public Places Project. Introduced, considered favorably on first reading, and ordered published this 19th day of February, A.D. 2013, and to be presented for final passage on the 5th day of March, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 5th day of March, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk -3-