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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/02/2012 - FIRST READING OF ORDINANCE NO. 103, 2012, APPROPRIDATE: October 2, 2012 STAFF: Mike Beckstead AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 10 SUBJECT First Reading of Ordinance No. 103, 2012, Appropriating Prior Year Reserves and Unanticipated Revenue in Various City Funds. EXECUTIVE SUMMARY The annual Clean-up Ordinance allows for the appropriation of expenses related to unanticipated revenue, grants and unforeseen costs that had not previously been budgeted. The details of these clean-up requests were reviewed by the Council Finance Committee on September 17, 2012. At that meeting it was requested that all use of prior year reserves be highlighted, as well as any changes not seen by the Committee. A table with the use of prior year reserves appears at the end of this Agenda Item Summary. The only items included in this Clean-up Ordinance that were not reviewed by the Council Finance Committee is a request for $28,277 of unanticipated revenue in Forestry and $200,000 for a tandem dump truck in the Water Fund. The following is a summary of funds that make up the increase in requested appropriations: General Fund Unanticipated Revenue $ 703,597 Prior Year Reserves Police Seizure Reserve $ 4,500 Computer Aided Dispatch Reserve $ 65,000 Fourth of July Reserve $ 33,000 PEG Reserve $ 70,000 Other Reserves $ 26,940 Cemeteries Fund $ 56,000 Capital Projects Fund $ 352,627 Conservation Trust Fund $ 93,250 Cultural Services and Facilities Fund $ 333,727 Light & Power Fund $2,696,700 Natural Areas Fund $ 9,893 Neighborhood Parkland Fund $ 1,410 Recreation Fund $ 151,987 Sales & Use Tax Fund $8,110,028 Transit Services Fund $1,284,000 Transportation Services Fund $ 486,000 Water Fund $ 375,000 Wastewater Fund $ 28,212 The purpose of this annual Clean-Up Ordinance is to combine dedicated revenues or reserves that need to be appropriated before the end of the year to cover the related expenses that were not anticipated and, therefore, not included in the 2012 budget appropriation. The unanticipated revenue is primarily from fees, charges, rents, contributions and grants that have been paid to City departments to offset specific expenses. Prior year reserves are primarily being appropriated for unanticipated operation expenses from reserves that are set aside for that purpose. This Ordinance appropriates prior year reserves and unanticipated revenue in various City funds. The City Charter permits the City Council to provide by ordinance for payment of any expense from prior year reserves. The Charter also permits the City Council to appropriate unanticipated revenue received as a result of rate or fee increases or new revenue sources. If these appropriations are not approved, the City will have to reduce expenditures even though revenue and reimbursements have been received to cover those expenditures. October 2, 2012 -2- ITEM 10 BACKGROUND / DISCUSSION A. GENERAL FUND 1. Fort Collins Police Services (FCPS) has received revenue from various sources which needs to be appropriated to cover the related expenditures. A listing of these items follows: a. $34,900 - Chemical Test Fees & Driving w/o Insurance Penalty Assessments - Pursuant to C.R.S. 16-11- 501(2)(j), the costs of chemical tests (blood/breath tests) shall be reimbursed directly by the defendant to the law enforcement agency which administered and paid for the test. The driving without insurance law provides revenue to the law enforcement agency issuing the citation. It is projected that by the end of 2012 $34,900 will have been collected by the courts and passed on to FCPS under these provisions. This revenue is used to directly offset the actual cost of blood/breath testing for DUI and DUID (driving under the influence of drugs). Charges from local hospitals and the Colorado Bureau of Investigations laboratory total $29,300 thus far in 2012. b. $6,800 - Training Revenue - Every year the FCPS SWAT team hosts a school for other agencies to attend. The revenue from this class is being utilized to offset the cost of specialized training for Fort Collins SWAT members to attend in October 2012. c. $101,920 - Miscellaneous Overtime Reimbursement - FCPS conducts community education workshops for Municipal Violation and Noise Violation offenders. As part of their sentence the offenders are required to attend. The fee is $20 per participant. This money is used to offset the overtime incurred by those teaching the course. d. $35,800 - Police Report and Special Event Permit Fees - Police reports purchased by the public and insurance agencies generate revenue of approximately $7.50 a report. Special event permits are required if the public wishes to hold an event that will interfere with vehicular or pedestrian traffic or takes place on public property. Special event permits cost $50 a piece. In 2012 it is estimated $35,800 will be collected from these two sources. The revenue from this fee is used to subsidize the cost of copy machine rental. f. $4,200 - Community Contributions - In 2012 FCPS received a generous contribution from a community member for the K-9 program. The money has been used to offset the cost of a new K-9. g. $11,604 – Drug Enforcement Agency (DEA) Cooperative Agreement - Fort Collins Police and the Northern Colorado Drug Task Force entered into an agreement to have a task force investigator dually assigned to a DEA team in the Denver area. The DEA reimburses FCPS for the lease payment of that investigators vehicle. h. $11,058 – Miscellaneous Reimbursements - Police Services received $11,058 from miscellaneous sources for the reimbursement of gate fobs, computer equipment, copier rental and communications equipment. i. $5,359 – Recycling Revenue - With the transition to the iPhone program, Police Services had a surplus of PDA’s and cell phones to recycle. The proceeds from selling the old devices is being used to offset the cost of new technology. j. $4,175 – Loss Reimbursement - In 2011 a Police motorcycle was damaged in an accident; the reimbursement from the insurance company for the damage arrived this year. k. $3,000 – Restorative Justice Fee Appropriation - While the majority of the Restorative Justice program is funded by a grant, the program also collects fees from participants to off-set the cost of supplies to run the program. This appropriation is necessary to make up the difference between grant funding and program expenses. l. $27,510 – Traffic Unit Motorcycle Sale Proceeds - In 2011 Operations Services facilitated the sale of Traffic Unit motorcycles and deposited the revenue into an account to house the sale of capital assets. Traffic Unit motorcycles are funded each year entirely by revenue from the Camera Radar Program. The October 2, 2012 -3- ITEM 10 units to replace those sold were purchased in 2012; this revenue needs to be appropriated to offset the cost of the new units. m. $4,500 – Fort Collins Police Services Seizure - In 2012, the Seizure Committee Members (Chief Hutto, Mayor Weitkunat, District Attorney Abrahamson, and Captain Vagge) have authorized $4,500 in expenses to come from this fund. The $4,500 will be used for paying part of the cost of the District Attorney’s Drug Free Calendar expenses and to fund the youth police academy via the designated Police Seizure reserve. n. $65,000 – Computer Aided Dispatch (CAD) Replacement Project - The CAD Replacement Project is an ongoing capital project to replace the computer aided dispatching system at Police Services. This project began in 2011 and will run through 2014. Back in 2010 when the 2011-2012 budget was adopted this project was still in the planning stages. The timing of milestone payments and reimbursements from Larimer County are dependent upon the progress of the project. Instead of appropriating more than necessary in a year and having the funds lapse; the Clean-up Ordinance is utilized to correct the budget shortfall. This request is to access enough funds in the CAD designated reserve to last through the end of the year. o. $7,300 – Seatbelt Enforcement Grant - In 2012 FCPS received a contract from the State of Colorado Department of Transportation for $4,000 to be used for Seatbelt Compliance Enforcement. Rather than take this grant on its own ordinance for appropriation it is being included here. p. $15,020 – DUI Enforcement Grant – In 2012 FCPS received $15,020 in funding for DUI enforcement. The grant pays for FCPS officers’ overtime during multi-agency checkpoints and enforcement waves. q. $1,380 – Victims Assistance Grant - Late in 2011 FCPS received $1,380 from the 8th Judicial District to assist in sending some victim advocates to training. The training has already been attended. r. $5,697 – Colorado Internet Crimes Against Children Grant - Late in 2011, Fort Collins Police Services was the sub-recipient of $5,697 in grant funding as part of the Colorado Internet Crimes Against Children (ICAC) Task Force. The Colorado Springs Police Department administered the grant and FCPS received funds to pay for training for investigators. s. $4,342 – Supplemental High Intensity Drug Trafficking Area (HIDTA) Award - Fort Collins Police Services is the administrative agency for the Northern Colorado Drug Task Force (NCDTF). The NCDTF is the recipient of a grant from the Rocky Mountain High Intensity Drug Trafficking Area (HIDTA) program. Occasionally, additional funding is available to help offset the cost of illegal narcotics investigations. The 2011 grant received supplemental funding in the amount of $4,342. FROM: Unanticipated Revenue (Miscellaneous Police) $ 246,326 FROM: Prior Year Reserve (Police Seizure) $ 65,500 FROM: Prior Year Reserve (CAD Reserve) $ 65,000 FROM: Unanticipated Revenue (Seatbelt Grant) $ 7,300 FROM: Unanticipated Revenue (DUI Enforcement Grant) $ 15,020 FROM: Unanticipated Revenue (Victims Assistance Grant) $ 1,380 FROM: Unanticipated Revenue (ICAC Task Force Grant) $ 5,697 FROM: Unanticipated Revenue (HIDTA Grant) $ 4,342 FOR: Police Services $ 246,326 FOR: Drug Free Calendar and Youth Police Academy $ 4,500 FOR: CAD Replacement Project $ 65,000 FOR: Seatbelt Grant $ 7,300 FOR: DUI Enforcement Grant $ 15,020 FOR: Victims Assistance Grant $ 1,380 FOR: ICAC Task Force Grant $ 5,697 FOR: Northern Colorado Drug Task Force HIDTA Grant $ 4,342 2. The Community Development & Neighborhood Services (CDNS) department requests appropriation of $24,390 in Certified Local Government (CLG) funding for the Campus North grant. The grant awarded October 2, 2012 -4- ITEM 10 authorized a survey of the properties within a six square block area north of the Colorado State University campus. The grant work has been completed and money received from CLG. FROM: Unanticipated Revenue (Grants) $ 24,390 TO: North Campus Grant project $ 24,390 3. The Community Development & Neighborhood Services department requests the appropriation of $18,520 to cover committed projects for the Landmark Rehabilitation program. This program is funded through repayments received from prior projects and is generally collected at the time a property is sold. The money is in General Fund Reserves since it was received in prior years. The funding being requested is from an account that receives funding from repaid loans. Ordinance No. 108, 2009 states, “All loan repayments shall be returned to the landmark rehabilitation loan program.” The account receives repays on an irregular basis from the sale of historic properties that have received a loan sometime in the past. The fund is used to backfill loan commitments made in the previous loan approval cycle. Given the uncertain timeframe of loan repays, it is impossible to predict the year-to-year amount that would be available for future loan commitments, and therefore was not included in the 2013-2014 Budgeting for Outcomes process. FROM: Prior Year Reserves (General Fund) $ 18,520 TO: Landmark Rehab Program $ 18,520 4. The Municipal Court requests the appropriation of $1,420 to cover lease payments for its copier through 2012. It was the intent of the Court to utilize its previous copier through 2012 covered under a maintenance contract. However, the Court was informed that parts for the increasingly frequent repairs were becoming difficult to find resulting in the decision to lease a new copier instead. To pay for lease payments, funds from other account sources were utilized. However, there are not sufficient funds to cover the rest of 2012 and the balance due for the year was not part of the 2012 Budget. FROM: Prior Year Reserves (General Fund) $1,420 FOR: Municipal Court Copier Expenses $1,420 The Municipal Court requests the appropriation of $7,000 for The Larimer County Detention Center (LCDC). The LCDC has been under capacity for much of 2012 resulting in a significantly larger number of our prisoners being held on Municipal Court warrants, increasing the jail operating expense. The 2012 budget for this expense is $20,000 and, to date has expensed $19,325. The Court estimates that approximately $7,000 will be needed to cover expenses through 2012 for the LCDC. FROM: Prior Year Reserves (General Fund) $7,000 FOR: Municipal Court Operating Expenses $7,000 6. This request is to appropriate $33,000 of the 4th of July Reserve. This request is to appropriate $33,000 of the 4th of July Reserve. Funds will be used to pay for hourly wages and overtime, entertainment, port-a-lets and any additional costs incurred for the postponed 4th of July fireworks event held on Sunday. September 16. The initial event on the 4th of July still occurred at City Park with music, parade, vendors, Firecracker 5K race, Old Timers Softball Game, City Park 100 Celebration, High Park fire fundraiser, etc. The only event that did not occur was the fireworks display which was postponed by the City Manager due to heightened fire danger at the time. The Parks Division incurred significant costs on the 4th of July and used the budget initially approved for the 4th of July, except the fireworks contract budget. On September 16th, the Parks Division staffed the evening fireworks event and provided all the necessary amenities, setup and clean up after the event. The 4th of July reserve was set up to cover unanticipated cost for the 4th of July and holding another event for the fireworks is an unanticipated event that could not have been foreseen when the 2012 budget was prepared in early 2010. FROM: Prior Year Reserves (4th of July) $33,000 FOR: 4th of July Expenses $33,000 October 2, 2012 -5- ITEM 10 7. This is a request to appropriate funds donated for holiday lights during the 2012/2013 holiday season. DDA is contributing $35,000, DBA is contributing $11,000. FROM: Unanticipated Revenue (Donations) $46,000 FOR: Holiday Lights $46,000 8. The Gardens on Spring Creek would like to appropriate unanticipated revenues received beyond the original revenue appropriated during the budget process. These revenues will be used to fund hourly, seasonal staff and supplies at The Gardens. In addition, sponsorship dollars were raised to support events. These monies must be spent on those events (Harvest Festival, Garden of Lights, etc.). FROM: Unanticipated Revenue $150,000 FOR: The Gardens on Spring Creek $150,000 9. The Gardens received grants in 2012 that need to be appropriated. They are as follows: Can Do Grant - $5,000 and Colorado Health Foundation Grant - $55,000. These grants fund the Community Garden Outreach Program which grows food for the Food Bank for Larimer County in the Garden of Eatin’; coordinates Garden Network meetings for those interested in community gardens and growing food for low income populations; provides technical assistance to people and organizations that are creating community gardens specifically targeting low income residents; and the Family Garden Program which teaches low income residents to grow their own food, how to prepare and preserve it, and nutrition. FROM: Unanticipated Revenue (Grants) $60,000 FOR: The Gardens on Spring Creek Grant Expenses $60,000 10. Cable 14 is requesting $70,000 in Public, Educational, and Governmental (PEG) reserves to fund capital infrastructure needs to enable shared video storage and archival of Cable 14 video files and programs including Council meetings and other important video assets. Each year approximately $110,000 is budgeted for Cable 14 PEG Equipment per the Comcast/PEG agreement. All unspent funding year-end goes into the PEG reserve for future needs and is restricted to this use only. In 2012, funding that was originally intended for a video archive system was utilized to purchase software and hardware for video streaming to iPads/iPhones. Consequently, we need to allocate $30,000 from reserves to fund the video archive system. Additionally, $40,000 is needed to replace equipment that failed unexpectedly. FROM: Prior Year Reserves (PEG Reserve) $70,000 FOR: Cable 14 Expenses $70,000 11. The Poudre Valley Health System has been awarded a grant (Choose the Right Road) in the amount of $24,895 from the Alcohol and Drug Abuse Division of the Colorado Department of Human Services. These funds will be disbursed by the Colorado Department of Human Services and directed through the City of Fort Collins, pursuant to State of Colorado requirements, then paid to the Poudre Valley Health System. The grant period will run from July 1, 2011 through June 30, 2012. FROM: Unanticipated Revenue (Grants) $24,895 FOR: Poudre Valley Health System $24,895 12. The Fort Collins Convention and Visitors Bureau (FCCVB) has been awarded a $77,291 grant from the Colorado Welcome Center through the State of Colorado. These funds will be disbursed by the State of Colorado and directed through the City of Fort Collins, pursuant to State of Colorado requirements, then paid to the FCCVB. The grant period will run from July 1, 2011 through June 30, 2012. FROM: Unanticipated Revenue (Grants) $77,291 FOR: Fort Collins Convention and Visitors Bureau $77,291 October 2, 2012 -6- ITEM 10 13. The City sells the public roughly 1000 radon kits annually at the Senior Center and Development Review Center. This appropriation recovers this additional revenue (sale proceeds) in order to replenish the stock of kits. FROM: Unanticipated Revenue $5,149 FOR: Radon Program $5,149 14. Advance Planning requests appropriation of $7,530 to cover expenses related to Land Bank property maintenance needs. FROM: Unanticipated Revenue (Grants) $7,530 FOR: Land Bank Expenses $7,530 15. Forestry is requesting these funds to be used for the maintenance and perpetuation of City property trees. A payment in this amount has been received from the contractor at the Lincoln Center for the damaged and destroyed City trees. This is compensation for lost value. It will also help compensate costs that forestry incurred related to the project. FROM: Unanticipated Revenue $28,277 FOR: Tree Maintenance $28,277 B. CAPITAL PROJECTS FUND 1. Appropriations in the amount of $22,044 are needed to cover the cost of rebuilding the Pole Barn at Soapstone Prairie Natural Area. The 2012 Natural Areas budget includes appropriations for transfer to the Capital Projects Fund for the pole barn. This item appropriates the revenue in the Capital Projects Fund - Soapstone Public Improvements Project. FROM: Unanticipated Revenue (Transfer from Natural Areas) $22,044 FOR: Soapstone Public Improvements Project $22,044 2. The City was awarded a grant from the State of Colorado Governors Energy Office in the amount of $19,336 to construct a flex-fuel facility at the Police Services site, located at 2221 Timberline Road. The grant revenue was received in March 2012 and the project has been completed. This item appropriates the grant revenue in the Police Facility capital project to cover the cost of the flex-fuel facility. FROM: Unanticipated Revenue (Grants) $19,336 FOR: Police Facility Capital Project $19,336 3. The Police Building Project has earned $270,144 of interest that have not yet been appropriated. These interest earnings will be appropriated and used to pay down the 2004 Certificates of Participation Debt when it is refinanced this year. FROM: Unanticipated Revenue $270,144 FOR: Police Facility Capital Project - Debt $270,144 4. In 2010, Burlington Northern Santa Fe Railroad (BNSF) received a grant from Colorado Department of Transportation (CDOT) to replace the railroad tracks on Lake Street. The City of Fort Collins, Engineering Department then replaced the sidewalk in conjunction with the railroad project and was reimbursed by BNSF in March of 2012 in the amount of $13,681. In 2011, BNSF removed the railroad tracks on Mason Court and the Engineering Department managed the street replacement. BNSF then reimbursed the City for managing the street replacement in January of 2012 in the amount of $6,222. This item appropriates the funds received into the Capital Projects Fund – Railroad Crossing Replacement project to offset the associated costs. FROM: Unanticipated Revenue $19,903 FOR: Railroad Crossing Replacement Project $19,903 October 2, 2012 -7- ITEM 10 C. CEMETERIES FUND This request is to appropriate $56,000 of the Cemetery Fund Reserves. These funds will be used to pay for the installation of fiber optics at the new office building being constructed in Roselawn Cemetery. The new building is funded through the BOB initiative, but a fiber optics line was not available during the initial planning process and not included in the budget for this project. Early in 2012 the Traffic Division made available a fiber optic line that could be used at Roselawn Cemetery. The line was located at the intersection of Summit View and Mulberry which was ideal. The Cemetery Fund would be responsible for the installation cost of the fiber optic line to the new office. The IT department recommended installing the fiber optic infrastructure in the building during construction instead of waiting until 2013. It was more cost efficient and eliminated retrofitting the building at a later date. This item was not budgeted through the 2011/2012 budget process because the fiber optic line was not an option at that time. The Cemeteries Fund has sufficient reserves to cover the fiber optics installation, but using reserves for this purpose will delay building a new mausoleum by two to three years depending on how quickly reserves can be replenished. An offer was submitted during the BFO 2013/2014 budget process (Offer 195.2) to reimburse the Cemetery Fund reserves with KFCG Parks and Recreation Reserve funds, so the mausoleum would not be delayed. That offer is currently not purchased. FROM: Prior Year Reserves $56,000 FOR: Installation of Fiber Optics $56,000 D. CONSERVATION TRUST FUND 1. Fossil Creek Trail - A $1,000 donation was received for the Fossil Creek Trail at County Road No. 38E project from Interwest Consulting Group. Another $1,500 donation was received from Anderson Consulting Engineers, Inc. for the same project. Both donations supported the engineering and hydrologic design work for the project. FROM: Unanticipated Revenue (Donations) $2,500 FOR: Engineering and Hydrologic Design Work $2,500 2. Pickle Plant - The storage building at the Pickle Plant was leased for several years with resulting revenue of $90,750. These funds will be used to cover the cost of the removal of the storage building. FROM: Unanticipated Revenue $90,750 FOR: Removal of the Storage Building $90,750 E. CULTURAL SERVICES AND FACILITIES FUND 1. The Lincoln Center made a purchase from Libbey Glassware and, unbeknownst to staff, was entered into a drawing. The Lincoln Center won the cash grand prize. These funds will be appropriated to purchase shade sails for the Rooftop Deck, doors in the lobby and other projects not completed during the renovation. FROM: Unanticipated Revenue $30,641 FOR: Lincoln Center Expenses $30,641 2. Ticket sales and expenses for Lincoln Center performances are exceeding the original budgeted projections. The additional revenue is requested for appropriation to be used for technical staff ($30,000), advertising ($36,000), and contractually required equipment ($29,000). FROM: Unanticipated Revenue $95,000 FOR: Lincoln Center Expenses $95,000 October 2, 2012 -8- ITEM 10 3. The Lincoln Center collects all internet ticket fees and then pays the internet vendor their commission. This increase in revenue and related increase in expenses is due to the new ticketing software that went live in 2011. The additional revenue is requested for appropriation to pay the commission due to the internet vendor ($118,000), for banking services ($27,000), and for staff necessary for unanticipated conference events ($13,000). FROM: Unanticipated Revenue $158,000 FOR: Lincoln Center Expenses $158,000 4. $28,886 has been received from the Bohemian Foundation for the Pianos About Town project. This is a collaborative project with the Bohemian Foundation, Downtown Development Authority, and the City of Fort Collins Art in Public Places program. This funds the overall project, including the tuning, moving, purchase, repairs and artists painting the pianos, as well as a portion of the administration costs. There will be thirteen pianos painted this year. FROM: Unanticipated Revenue $28,886 FOR: Art-in-Public Places projects $28,886 5. One of the projects approved by the voters as part of the BOB program was the Lincoln Center Renovation and Cultural Facilities Plan. In 2006, Ordinance No. 28 transferred $150,000 of the BOB tax revenue to the Cultural Services and Facilities Fund for the Cultural Facilities Plan. The plan was completed and the unspent BOB funds of $21,200 have been reserved in the Cultural Services and Facilities Fund in case there were any additional costs, but there was not any. This item appropriates the $21,200 from reserves for transfer to the Capital Projects Fund – Lincoln Center Renovation Project to pay the remaining project expenses. FROM: Prior Year Reserves (Cultural Services) $21,200 FOR: Transfer to Capital Projects Fund $21,200 Capital Projects Fund FROM: Unanticipated Revenue (BOB Taxes) $21,200 FOR: Lincoln Center Renovation Project $21,200 F. LIGHT AND POWER FUND 1. Purchase Power - In 2012, the Utilities budgeted $73,410,587 for energy purchased from Platte River Power Authority. The original projection was based on estimated wholesale rates with no growth in energy or peak demand from 2010 to 2012. While there was negligible growth in 2011, year to date in 2012 energy and peak demands have increased 3% and 4% respectively over 2010 levels. Much of that increase has occurred in the three month summer season when PRPA rates are highest. Using eight months of actual 2012 data and with projections for the remainder of the year based on 2011 energy and demands, total 2012 purchase power expense is now estimated at between $74.8 million and $75.9 million depending on the level of growth and weather conditions for the remainder of the year. This will result in a budget shortfall of between $1.3 million and $2.5 million. Customer revenues are also exceeding original projections due to the increased energy use by customers. It is estimated that 2012 revenues will exceed budget by about $3.5 million. Light and Power requests an appropriation from unanticipated revenues for the purchase of power in the amount of $2,500,000. FROM: Unanticipated Revenue $2,500,000 FOR: Purchase of Power $2,500,000 2. Payment in Lieu of Taxes (PILOTs) – In 2012, Light and Power budgeted $5,886,635 for payment in lieu of taxes (PILOTs). The 2012 PILOTs budget totaled 6% of projected 2012 operating revenues (before PILOTs). Based on current revenue projections, the Light and Power Fund is anticipating 2012 operating revenues to be about $3.5 million greater than budgeted due to increased sales of electricity. This additional operating revenue will result in additional PILOTs payable to the General Fund of approximately $196,700. Light and Power requests an appropriation from unanticipated revenues for the payment of PILOTs in the amount of $196,700. October 2, 2012 -9- ITEM 10 FROM: Unanticipated Revenue $196,700 FOR: Payment in Lieu of Taxes (PILOTs) $196,700 G. NATURAL AREAS FUND 1. REI is supporting the Natural Areas Department’s commitment to volunteerism and stewardship by supporting five key public volunteer days: National Public Lands Day (September 2012), Make A Difference Week (October 2012), Earth Day/Natural Areas’ 20th Anniversary (April 2013), National Trails Day (June 2013), and a Poudre River Clean-Up (May 2013). The grant funds ($4,920) will support volunteers at these events by providing food, a small gift and project supplies. We expect the 300 volunteers, in the five proposed projects, will donate about 1,200 hours at an estimated value of $26,436. (Independent Sector value of volunteer time, $22.03/hr.) This item appropriates the grant for the volunteer expenses. FROM: Unanticipated Revenue (REI Grant) $4,920 FOR: Natural Areas Expenses $4,920 2. A $20,000 Prairie Education Grant was awarded to the Natural Areas Department in 2009 by the US Fish and Wildlife Service to provide educational activities for school children and the public focused on the shortgrass prairie education ecosystem and endangered black-footed ferrets. Additional funds were to be received for the next four years, subject to availability. Additional funds in the amount of $4,973 have been received and need to be appropriated. No further funding is expected. Funds were used to provide fourth graders a classroom visit followed by a field trip, educational presentations about the prairie for the public, and continuing education for volunteers. FROM: Unanticipated Revenue $4,973 FOR: Prairie Education Grant Expenses $4,973 H. NEIGHBORHOOD PARKLAND FUND 1. Maple Hill Neighborhood Park - The developer of the land adjacent to Maple Hill Park required an irrigation line easement through the park. The cost of the easement was $1,410, made payable to the City, and will be used toward the development of the park. FROM: Unanticipated Revenue $1,410 FOR: Maple Hill Park Project $1,410 I. RECREATION FUND The Recreation Division administers several restricted revenue accounts for various programs. Revenues for these programs include grants, fund-raising events and activities, and sponsorships. The following items appropriate expenditures from unanticipated revenue for programs in the Recreation Division. a. $46,942 – Child Development – Expecting at least $46,942 in unanticipated revenue in the Child Development Programs which will be appropriated through this item and used to cover additional costs of increased program activity. FROM: Unanticipated Revenue $46,942 FOR: Recreation Programs $46,942 2. The Recreation Division administers several restricted revenue accounts for various programs. Revenues for these programs include grants, fund-raising events and activities, and specified donations/sponsorships. The following items appropriate the unanticipated restricted revenue and restricted reserves for the specific programs. a. $3,306 – Adult Sports - Prior year reserves in the Adult Sports special revenue account will be appropriated through this item for replacement of the gym scoreboard which failed unexpectedly. October 2, 2012 -10- ITEM 10 b. $14,121 – Youth Sports - Prior year reserves in the Youth Sports special revenue account will be appropriated through this item to purchase new equipment, specifically ultra-light basketballs for new league and rule changes that occurred in spring 2012. Program t-shirts for middle school students were purchased from a sponsorship by Credit Union of Colorado. Field markers for fall sports need to be purchased for Fossil Creek following Parks decision to close City Park sports fields for restoration. c. $9,500 – Adopt an Animal - Prior year reserves in the Adopt an Animal special revenue account will be appropriated through this item and used for hay and feed purchases for the animals at The Farm. Drought and reduced yield have increased feed prices significantly. d. $4,353 – Active Kids - Unanticipated revenue ($450) and prior year reserves in the Active Kids special revenue account will be appropriated through this item and used to support youth physical activities. A donation of $5,000 was received after the last budget cycle. e. $44,105 – Youth Football - Unanticipated revenues ($15,422) and prior year reserves ($28,683) in the Youth Football special revenue account will be appropriated through this item for helmet replacement per new safety standards that became effective in 2011 over sport concussion concerns. A Brax Cup Fundraiser was successful last year in raising funds for this purpose, and another is planned this fall to support future football equipment replacement needs. f. $17,000 – NACC Youth Programs - Prior year reserves in the Youth Programs special revenue account will be appropriated through this item to support community participation events such as the Kite Festival, Cinco de Mayo, Hip Hop Expo, 5K Run and Toys for Kids. Donations also provide the ability to support afterschool enrichment opportunities at Northside. FROM: Unanticipated Revenue $15,872 FROM: Prior Year Reserves (Recreation Fund) $76,513 FOR: Recreation Programs $92,385 3. The following items appropriate expenditures from unanticipated grant revenue for programs in the Recreation Division. a. $1,660 – Passport Grant - Additional grant funding was made available for the Passport grant and will be appropriated through this item to fulfill the requirements of the grant used for funding an adaptive recreation aide. FROM: Unanticipated Revenue $1,660 FOR: Passport Grant $1,660 b. $11,000 – NRPA Achieve Grant - Unanticipated revenue associated with the NRPA Achieve Grant will be appropriated through this item and used to provide training to recreation staff. FROM: Unanticipated Revenue $11,000 FOR: NRPA Achieve Grant $11,000 J. SALES AND USE TAX FUND 1. The revenue forecast model was updated in July 2012 with data from the first six months of the year. The net sales and use tax revenue increase is projected to be about 6.3% over the budgeted amount. While staff does not recommend appropriating the additional revenue at this time, the appropriations for transfers from the Sales and Use Tax Fund to the Capital Projects Fund for the one quarter cent Building on Basics tax and to the Natural Areas Fund for the one quarter cent Natural Areas tax need to be increased. Transfers to the General Fund, the Keep Fort Collins Great Funds, and the Transportation Services Fund are not needed because the tax revenues are recorded directly into the appropriate fund and don’t flow through the Sales and Use Tax Fund. This item appropriates the projected increase of $371,966 for transfer from the Sales and Use Tax Fund to the Capital Projects Fund for the one quarter cent Building on Basics tax by and $371,966 from the Sales and Use Tax Fund to the Natural Areas Fund for the one quarter cent Natural Areas tax. October 2, 2012 -11- ITEM 10 FROM: Unanticipated Revenue (Sales Tax) $743,932 FOR: Transfer to Capital Projects - Building on Basics $371,966 FOR: Transfer to Natural Areas Fund $371,966 2. In accordance with Chapter 25, Article II, Division 5, Manufacturing Equipment Use Tax Rebate, $263,774 was paid out in April 2012 for the 2010 rebate program. The rebate program was established to encourage investment in new manufacturing equipment by local manufacturing firms. Vendors have until December 31st of the following year to file for the rebate. This item appropriates the use tax funds from the Manufacturing Use Tax Rebate Reserve to cover the payment of the rebates. FROM: Prior Year Reserves (Sales & Use Tax Fund) $263,774 FOR: Manufacturing Equipment Use Tax Rebate $263,774 3. The sales and use tax revenue came in higher than anticipated in 2011 and there were not enough appropriations for transfers from the Sales and Use Tax Fund to the Capital Projects Fund for the one quarter cent Building on Basics tax and to the Natural Areas Fund for the one quarter cent Natural Areas tax. Adjustments to the General Fund, the Keep Fort Collins Great Funds, and the Transportation Services Fund are not needed because the tax revenues are recorded directly into the appropriate fund. This item appropriates the additional funds of $24,708 from prior year reserves by increasing the transfers from the Sales and Use Tax Fund to the Capital Projects Fund for the one quarter cent Building on Basics tax by $ 12,354 and to the Natural Areas Fund for the one quarter cent Natural Areas tax by $12,354. FROM: Prior Year Reserves (Sales & Use Tax Fund) $24,708 FOR: Transfer to Capital Projects - Building on Basics $12,354 FOR: Transfer to Natural Areas Fund $12,354 4. This item appropriates $7 million in Sale and Use Tax Fund reserves for transfer from the Sales and Use Tax Fund to the General Fund. Several factors caused the accumulation of these funds within the Sales and Use Tax Fund: a change in accounting practice to accrue yearend sales and use tax revenue from December activity that is received in January combined with a prior policy called the “Use Tax Cap” that capped the budget utilization of use tax received and another accounting practice change to record sales and use tax receipts directly into the General Fund vs. into the Sales and Use Tax Fund. Staff does not recommend appropriating the funds in the General Fund at this time but allowing the transfer to roll into the General Fund reserves. FROM: Prior Year Reserves (Sales & Use Tax Fund) $7,077,614 FOR: Transfer to General Fund $7,077,614 K. TRANSIT SERVICES FUND 1. Federal Transit Authority (FTA) Section 5309 State of Good Repair Funding - The City of Fort Collins, as grantee, has been recently awarded $1,065,720 in unanticipated 2012 FTA Section 5309 "State of Good Repair" funding. This funding was awarded to the City to purchase three (3) replacement heavy duty transit buses for older model vehicles that have exceeded their useful life. Federal funding has been awarded at an 83/17 match rate and local match in the amount of $218,280 is requested from the Transit Capital Reserves Fund (Fund 290). Staff is requesting that appropriations for capital projects be increased by a total of $1,284,000 to accommodate the unanticipated increase in FTA Section 5309 funding. FROM: Unanticipated Revenue (FTA Section 5309 Funding) $1,065,720 FROM: Prior Year Reserves (Transit Services Fund) $ 218,280 FOR: Replacement Buses $1,284,000 L. TRANSPORTATION SERVICES FUND 1. The Traffic Construction program is Traffic Operation’s “Work for Others” program. Project related expenditures for traffic signal work, traffic signs, and pavement marking installations are tracked within this account and billed out to other city departments, municipalities and developments. The original budget of $749,494 was an estimate based on scheduled projects. Several unanticipated projects (primarily traffic signal October 2, 2012 -12- ITEM 10 projects) were added in 2012 and additional appropriations of $400,000 are needed to cover the cost of these projects. The appropriations will be used to pay for labor, materials and equipment. This request appropriates funds from Traffic Operations unanticipated revenues in the amount of $400,000 for the Traffic Construction budget. FROM: Unanticipated Revenue $400,000 FOR: Traffic Construction Expenses $400,000 2. Historically, the City of Fort Collins, via Transfort, has contributed an annual amount to SAINT (Senior Alternatives in Transportation) for the preservation of paratransit service to non ADA-eligible seniors and disabled persons in the community. In order to maintain the fiscal integrity of this funding under federal eligibility guidelines, staff is requesting that this expenditure be appropriated in and paid out of the Transportation Fund as a non-federal expense. The 2012 General Fund transfer to Transfort and the appropriate expense budget will be reduced by $36,000 in the Transit Services Fund and added to the Transportation Services Fund budget. This item appropriates the $36,000 for expenses related to SAINT in the Transportation Services Fund. FROM: Unanticipated Revenue (Transfer from General Fund) $36,000 FOR: Transportation SAINT Expenses $36,000 3. The 2012 Transfort budget includes $50,000 for a comprehensive transit study, necessary for possible future federal funding in the development of the Harmony Corridor. Local funds must be utilized to pay for the transit study and in order to maintain the fiscal integrity of this funding under federal eligibility guidelines, staff is requesting that this expenditure be appropriated in and paid out of the Transportation Fund as a non-federal expense. The 2012 General Fund transfer to Transfort and the appropriate expense budget will be reduced by $50,000 in the Transit Services Fund and appropriated in the Transportation Services Fund. This item appropriates the $50,000 in the Transportation Services Fund for the comprehensive transit study. FROM: Unanticipated Revenue (Transfer from General Fund) $50,000 FOR: Transportation Expenses $50,000 M. WATER FUND 1. Utility Relocations for the MAX/BRT Project – In 2011, the Utilities obtained a $625,000 appropriation for the relocation of water facilities in the Mason Corridor to accommodate the MAX/BRT Project. The funding request was based on the best available engineering estimate at that time. Since the original appropriation, additional study and final designs have been completed and the cost estimate has been revised. Based on this revised estimate, the Water Fund is requesting an additional $175,000 appropriation to pay for the water facility relocations. The Utilities is considered to be a private contractor for the MAX/BRT Project and will be reimbursed by the MAX/BRT Project upon completion. While the cost estimate for the water facilities relocation has increased, the cost for the wastewater facilities relocation decreased. Considering the revised estimates for both the water and wastewater relocations, the MAX/BRT Project will see an overall savings. The Water Fund requests an appropriation of unanticipated revenues for the MAX/BRT water line relocations capital project in the amount of $175,000. FROM: Unanticipated Revenue $175,000 FOR: Water Line Relocations for MAX/BRT $175,000 2. Tandem Dump Truck - The Water Field Operations department is requesting $200,000 in additional funds to replace an existing tandem dump truck due to repairs that are needed to keep the truck in operation. It was brought to our attention the week of September 10th, 2012 that along with some mechanical repairs, the truck also has what is called rust jacking problems with the frame. This problem requires replacing part of the frame. Considering the truck’s model year is 1991 and that it has about 138,000 miles on it, we feel it is a sound business decision to replace the truck now instead of next year. This is one of our main vehicles used in the repair and replacement of the Water Distribution System as well as being part of the fleet used for Snow Plow Operations. The request will appropriate funds from prior year reserves from the Water fund’s Capital Outlay reserve. October 2, 2012 -13- ITEM 10 FROM: Prior Year Reserves (Water Fund) $200,000 FOR: Replace Existing Tandem Dump Truck $200,000 N. WASTEWATER FUND 1. Lighting Rebate for Drake Water Reclamation Facility – The Drake Water Reclamation Facility is retrofitting existing site lighting from incandescent to LED at a cost of about $140,000. This is funded in part by $28,212 in energy efficiency rebates from Light and Power and Platte River Power Association. The new lighting will result is a 50 kilowatt demand reduction at the facility. Wastewater requests an appropriation of $28,212 from unanticipated revenues for this LED lighting capital project. FROM: Unanticipated Revenue (Energy Efficiency Rebates) $28,212 FOR: LED Lighting $28,212 FINANCIAL / ECONOMIC IMPACTS This Ordinance increases total City 2012 appropriations by $14,881,871. Of that amount, this Ordinance increases General Fund 2012 appropriations by $903,037 including use or $199,440 in prior year reserves. Funding for the total City appropriations is $6,615,098 from unanticipated revenue, $8,137,529 from prior year reserves, and $129,244 transferred from other funds. The following is a summary of the items requesting prior year reserves: Item # Fund Use Amount A1m General Fort Collins Police Services Seizure $ 4,500 A1n General Computer aided dispatch (CAD) replacement project 65,000 A3 General Landmark Rehab Program 18,520 A4 & 5 General Municipal Court expenses 8,420 A6 General September 16th fireworks event 33,000 A10 General Cable 14 equipment 70,000 C1 Cemetery Fiber Optics at the Roselawn office 56,000 E5 Cultural Services & Facilities Lincoln Center renovation project 21,200 I2a - f Recreation Recreation programs 76,513 Use of Prior Year Reserves $ 353,153 J2 Sales & Use Tax Manufacturer’s Equipment Use Tax Rebate 263,774 J3 Sales & Use Tax Transfer to Capital Projects - Building on Basics and Natural Areas Funds 24,708 J4 Sales & Use Tax Transfer to General Fund 7,077,614 Use Tax Transfers and Rebates $7,366,096 K1 Transit Replacement buses 218,280 M2 Water Tandem dump truck 200,000 Large Equipment Expenses $ 418,280 STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. ORDINANCE NO. 103, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES AND UNANTICIPATED REVENUE IN VARIOUS CITY FUNDS WHEREAS, the City has prior year reserves, excess revenue, and unanticipated revenue available to appropriate; and WHEREAS, in accordance with Article V, Section 8(b) of the City Charter, any expense or liability entered into by an agent of the City, on behalf of the City, shall not be made unless an appropriation therefor shall have been made by the City Council; 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 also 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 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, the City wishes to provide for the expenditures listed below and the City Manager recommends that these expenditures be made. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the following funds are hereby authorized for transfer and appropriated for expenditure for the purposes stated below: A. GENERAL FUND 1. APP. FROM: Unanticipated Revenue (Miscellaneous Police) $ 246,326 APP. FROM: Prior Year Reserves (Police Seizure) $ 4,500 APP. FROM: Prior Year Reserves (CAD Reserve) $ 65,000 APP. FROM: Unanticipated Revenue (Seatbelt Grant) $ 7,300 APP. FROM: Unanticipated Revenue (DUI Enforcement Grant) $ 15,020 APP. FROM: Unanticipated Revenue (Victims Assistance Grant) $ 1,380 APP. FROM: Unanticipated Revenue (ICAC Task Force Grant) $ 5,697 APP. FROM: Unanticipated Revenue (HIDTA Grant) $ 4,342 FOR: Police Services $ 246,326 FOR: Drug Free Calendar and Youth Police Academy $ 4,500 FOR: CAD Replacement Project $ 65,000 FOR: Seatbelt Grant $ 7,300 FOR: DUI Enforcement Grant $ 15,020 FOR: Victims Assistance Grant $ 1,380 FOR: ICAC Task Force Grant $ 5,697 FOR: Northern Colorado Drug Task Force HIDTA Grant $ 4,342 2. APP. FROM: Unanticipated Revenue (Grants) $ 24,390 FOR: North Campus Grant project $ 24,390 3. APP. FROM: Prior Year Reserves (General Fund) $ 18,520 FOR: Landmark Rehab Program $ 18,520 4. APP. FROM: Prior Year Reserves (General Fund) $ 1,420 FOR: Municipal Court Copier Expenses $ 1,420 5. APP. FROM: Prior Year Reserves (General Fund) $ 7,000 FOR: Municipal Court Operating Expenses $ 7,000 6. APP. FROM: Prior Year Reserves (4th of July) $ 33,000 FOR: 4th of July Expenses $ 33,000 7. APP. FROM: Unanticipated Revenue (Donations) $ 46,000 FOR: Holiday Lights $ 46,000 8. APP. FROM: Unanticipated Revenue $ 150,000 FOR: The Gardens on Spring Creek $ 150,000 9. APP. FROM: Unanticipated Revenue (Grants) $ 60,000 FOR: The Gardens on Spring Creek Grant Expenses $ 60,000 10. APP. FROM: Prior Year Reserves (PEG Reserve) $ 70,000 FOR: Cable 14 Expenses $ 70,000 11. APP. FROM: Unanticipated Revenue (Grants) $ 24,895 FOR: Poudre Valley Health System $ 24,895 12. APP. FROM: Unanticipated Revenue (Grants) $ 77,291 FOR: Fort Collins Convention and Visitors Bureau $ 77,291 13. APP. FROM: Unanticipated Revenue $ 5,149 FOR: Radon Program $ 5,149 14. APP. FROM: Unanticipated Revenue (Grants) $ 7,530 FOR: Land Bank Expenses $ 7,530 -2- 15. APP. FROM: Unanticipated Revenue $ 28,277 FOR: Tree Maintenance $ 28,277 B. CAPITAL PROJECTS FUND 1. APP. FROM: Unanticipated Revenue (Transfer from Natural Areas) $ 22,044 FOR: Soapstone Public Improvements Project $ 22,044 2. APP. FROM: Unanticipated Revenue $ 19,336 FOR: Police Facility Capital Project $ 19,336 3. APP. FROM: Unanticipated Revenue $ 270,144 FOR: Police Facility Capital Project - Debt $ 270,144 4. APP. FROM: Unanticipated Revenue $ 19,903 FOR: Railroad Crossing Replacement Project $ 19,903 5. APP. FROM: Unanticipated Revenue (BOB Taxes) $ 21,200 FOR: Lincoln Center Renovation Project $ 21,200 C. CEMETERIES FUND 1. APP FROM: Prior Year Reserves $ 56,000 FOR: Installation of Fiber Optics $ 56,000 D. CONSERVATION TRUST FUND 1. APP. FROM: Unanticipated Revenue (Donations) $ 2,500 FOR: Engineering and Hydrologic Design Work $ 2,500 2. APP. FROM: Unanticipated Revenue $ 90,750 FOR: Removal of the Storage Building $ 90,750 E. CULTURAL SERVICES AND FACILITIES FUND 1. APP. FROM: Unanticipated Revenue $ 30,641 FOR: Lincoln Center Expenses $ 30,641 2. APP. FROM: Unanticipated Revenue $ 95,000 FOR: Lincoln Center Expenses $ 95,000 3. APP. FROM: Unanticipated Revenue $ 158,000 FOR: Lincoln Center Expenses $ 158,000 -3- 4. APP. FROM: Unanticipated Revenue $ 28,886 FOR: Art-in-Public Places projects $ 28,886 5. APP. FROM: Prior Year Reserves (Cultural Services) $ 21,200 FOR: Transfer to Capital Projects Fund $ 21,200 F. LIGHT AND POWER FUND 1. APP. FROM: Unanticipated Revenue $ 2,500,000 FOR: Purchase of Power $ 2,500,000 2. APP. FROM: Unanticipated Revenue $ 196,700 FOR: BOB - Payment in Lieu of Taxes (PILOTs) $ 196,700 G. NATURAL AREAS FUND 1. APP. FROM: Unanticipated Revenue (REI Grant) $ 4,920 FOR: Natural Areas Expenses $ 4,920 2. APP. FROM: Unanticipated Revenue $ 4,973 FOR: Prairie Education Grant Expenses $ 4,973 H. NEIGHBORHOOD PARKLAND FUND 1. APP. FROM: Unanticipated Revenue $ 1,410 FOR: Maple Hill Park Project $ 1,410 I. RECREATION FUND 1. APP. FROM: Unanticipated Revenue $ 46,942 FOR: Recreation Programs $ 46,942 2. APP. FROM: Unanticipated Revenue $ 15,872 APP. FROM: Prior Year Reserves (Recreation Fund) $ 76,513 FOR: Recreation Programs $ 92,385 3.a. APP. FROM: Unanticipated Revenue $ 1,660 FOR: Passport Grant $ 1,660 3.b. APP. FROM: Unanticipated Revenue $ 11,000 FOR: NRPA Achieve Grant $ 11,000 -4- J. SALES AND USE TAX FUND 1. APP. FROM: Unanticipated Revenue (Sales Tax) $ 743,932 FOR: Transfer to Capital Projects - Building on Basics $ 371,966 FOR: Transfer to Natural Areas Fund $ 371,966 2. APP. FROM: Prior Year Reserves (Sales & Use Tax Fund) $ 263,774 FOR: Manufacturing Equipment Use Tax Rebate $ 263,774 3. APP. FROM: Prior Year Reserves (Sales & Use Tax Fund) $ 24,708 FOR: Transfer to Capital Projects - Building on Basics $ 12,354 FOR: Transfer to Natural Areas Fund $ 12,354 4. APP. FROM: Prior Year Reserves (Sales & Use Tax Fund) $ 7,077,614 FOR: Transfer to General Fund $ 7,077,614 K. TRANSIT SERVICES FUND 1. APP. FROM: Unanticipated Revenue (FTA Section 5309 Funding) $ 1,065,720 APP. FROM: Prior Year Reserves (Transit Services Fund) $ 218,280 FOR: Replacement Buses $ 1,284,000 L. TRANSPORTATION SERVICES FUND 1. APP. FROM: Unanticipated Revenue $ 400,000 FOR: Traffic Construction Expenses $ 400,000 2. APP. FROM: Unanticipated Revenue (Transfer from General Fund) $ 36,000 FOR: Transportation SAINT Expenses $ 36,000 3. APP. FROM: Unanticipated Revenue (Transfer from General Fund) $ 50,000 FOR: Transportation Expenses $ 50,000 M. WATER FUND 1. APP. FROM: Unanticipated Revenue $ 175,000 FOR: Water Line Relocations for MAX/BRT $ 175,000 2. APP. FROM: Prior Year Reserves (Water Fund) $ 200,000 FOR: Replace Existing Tandem Dump Truck $ 200,000 N. WASTEWATER FUND 1. APP. FROM: Unanticipated Revenue (Energy Efficiency Rebates) $ 28,212 FOR: LED Lighting $ 28,212 -5- Introduced, considered favorably on first reading, and ordered published this 2nd day of October, A.D. 2012, and to be presented for final passage on the 16th day of October, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 16th day of October, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk -6-