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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/05/2013 - ITEMS RELATING TO WEST VINE BASIN STORMWATER IMPROAgenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY November 5, 2013 City Council STAFF Mark Kempton, Civil Engineer III SUBJECT Items Relating to West Vine Basin Stormwater Improvements. EXECUTIVE SUMMARY A. Resolution 2013-088 Authorizing the Execution of a Supplemental Intergovernmental Agreement between the City and Larimer County for the Construction of Certain Stormwater Improvements in the West Vine Basin. B. First Reading of Ordinance No. 156, 2013, Appropriating Unanticipated Revenue in the Stormwater Fund from Larimer County for Construction of Certain Stormwater Improvements in the West Vine Basin. The purpose of this item is to approve an Intergovernmental Agreement (IGA) between the City and Larimer County to share funds for the construction of the West Vine Basin Stormwater Outfall Channel from Vine Drive north to the Cache la Poudre River. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading and the Resolution. BACKGROUND / DISCUSSION In 1997, the City of Fort Collins and Larimer County entered into an IGA (Attachment 1) addressing stormwater management matters in the West Vine storm drainage basin. The IGA allows for the sharing of costs by the City and County associated with the analysis, design, and construction of storm water improvements needed to relieve flooding and associated property damage in the West Vine Basin. In 2004, City Council adopted the Stormwater Master Plan Update (Master Plan) for the City of Fort Collins. The Master Plan included stormwater improvements for the West Vine Basin, located in the northwest portion of the city (Attachment 2). The existing 100-year floodplain indicates that stormwater flows will inundate numerous properties in the basin and overtop several major roads, including Shields Street north of Vine Drive (Attachment 3). The Master Plan identifies a number of proposed improvements to mitigate the boundary limits of the 100-year floodplain. Specifically, the Master Plan calls for a stormwater outfall channel from the Cache la Poudre River south to Vine Drive and west to the Forney Detention Pond near North Taft Hill Road and West Vine Drive. In October 2011, Larimer County initiated the North Shields Street widening project, which includes the widening of Shields Street from Willox Lane south to the Arthur Ditch, which is situated just north of Vine Drive. The County project includes the widening of Shields Street from approximately 24 feet to 64 feet, and the replacement of the Shields Street Bridge over the Cache la Poudre River. In order to mitigate potential flooding at the Shields Street project, the County approached City staff with a proposal to team with the City to analyze, design, and construct the lower portions of the City’s Master Plan Outfall Channel. The existing 100-year West Vine Basin floodplain currently overtops Shields Street just north of the Arthur Ditch, and any future improvements to Shields Street will need to accommodate this 100-year Agenda Item 10 Item # 10 Page 2 flow of approximately 1,200 cubic feet per second (cfs). Rather than construct a large culvert or bridge system at this overtopping location, the County proposed to team with the City to design and construct the Master Plan stormwater outfall channel from at least Vine Drive north to the Cache la Poudre River. The Outfall Channel, as currently shown in the Master Plan, would convey the 100-year stormwater flows along the west side of Shields Street to the river, thus eliminating the need to build a bridge or culvert system on North Shields Street. In May 2012, the City and the County signed an amendment to the 1997 IGA to share costs for the analysis and design of the Outfall Channel with the understanding that a future IGA amendment would be implemented for the construction of the designed stormwater improvements (Attachment 4). During 2012 and 2013, city staff and the project team have finalized a selected alternative, negotiated the necessary land acquisition, and have prepared a 60% level design for the project. A construction cost estimate has been prepared for the project, with the intention of starting project construction in December 2013. It is anticipated that 100% design level plans will be completed in the next two months. Prior to construction, the City and Larimer County both need to approve and execute the IGA to allow for the sharing of respective construction funds for the West Vine Outfall Channel project. FINANCIAL / ECONOMIC IMPACT The estimated construction cost associated with the project is $2,301,000. The City has agreed to fund up to $1,201,000 of the project costs, with Larimer County paying the remaining $1,100,000 of the construction costs. These costs are based upon a 50% level design for the project and may be subject to change as the project design progresses. A 2013-14 BFO offer to include the City’s portion of the future construction costs for the Outfall Channel was submitted in May 2012. Upon execution of the IGA, the County shall transfer to the City no less than $612,500. Per the April 2012 IGA Amendment, the City is crediting the County for one-half (1/2) the cost of the previous completed Design Phase with this transfer. A summary of the total estimated costs for the current project phase is shown in Attachment 5. Through the financial partnership with Larimer County, the City’s financial contribution toward the completion of the project will be approximately half of that originally estimated and identified in the Master Plan. The project will also eliminate the need for a costly bridge/culvert system under North Shields Street; a system which could eventually become unnecessary as a result of continued future upstream construction of the Outfall Channel. The Outfall Channel will fully contain the 100-year floodplain, eliminating potentially life-threatening road overtopping situations and flood damages for several homes and properties in the basin. The IGA amendment terms include an approximately 50%-50% cost share between the City and the County, respectively, up to a maximum of the funds currently available from each entity. The specific language describing the supplement to the 1997 IGA is included in the new IGA, and is an Exhibit to the Resolution. The IGA amendment also includes a funding arrangement that allows for future cost sharing between the City and the County to be based on a mutually agreeable cost breakdown, rather than the current sharing arrangement, which dictates that costs are shared based on the amount of fees collected by each entity from within the basin. ENVIRONMENTAL IMPACTS The construction of the Outfall Channel will allow for the reconnection of the historic Soldier Canyon Creek to the Cache la Poudre River. The Creek has been lost to development through the years, and only isolated portions remain today. The Outfall Channel has been designed in such a manner to improve the wildlife habitat and connectivity along the length of the channel, west through the basin from the Cache la Poudre River to Vine Drive and further west to the foothills in future phases. The Outfall Channel includes stormwater quality treatment facilities that will improve the quality of the stormwater runoff prior to reaching the Cache la Poudre River. Wetlands will also be planted in the bottom of the channel to mitigate any wetlands impacted by the project. Agenda Item 10 Item # 10 Page 3 BOARD / COMMISSION RECOMMENDATION The Master Plan improvements for the West Vine Basin, including the Outfall Channel, were presented to and adopted by various City boards and commissions as part of the Master Drainage Plan adoption process in the early 2000s. A memorandum describing the project was sent to City Council in January 2013 (Attachment 6). The project has also been included in the Capital Projects section of the City Managers Update over the last 6 months. PUBLIC OUTREACH Several public open houses were held in the early 2000s to present the results of the West Vine Basin Master Drainage Plan to the residents of the area. The Outfall Channel was included in the Master Drainage Plan at the time. City and County staff have met with affected landowners along Shields Street in 2011 and 2012 to discuss both the Shields Street widening project and the Outfall Channel project. Alternative alignments for the Outfall Channel were presented to the landowners, along with potential impacts to their properties as a result of the widening of Shields Street. Several meetings have taken place with the affected landowners as well as an open house in August 2012 at Lincoln Junior High School to present the findings of the alternative analysis phase of both projects to the residents of the basin. The project was also presented to the public at the Poudre River Open House at the Lincoln center on June 26, 2013. A project website is located on the Fort Collins Utilities web page. It is the City’s intent to continue to combine the public outreach efforts for the West Vine Outfall Channel and the North Shields Street projects to maximize the combined resources of the City and the County and to be concise and consistent in the public outreach phase of both projects. ATTACHMENTS 1. 1997 IGA 2. West Vine Basin Location Map 3. Existing 100-year floodplain for the West Vine Basin 4. 2012 IGA for West Vine Outfall 5. West Vine City-County Financial Contributions 6. West Vine Outfall Project Update Jan 2013 7. West Vine Outfall Channel Conceptual Design ATTACHMENT 1 WEST VINE BASIN CANAL IMPORTATION BASIN OLD TOWN BASIN CACHE LA POUDRE BASIN SPRING CREEK BASIN LAPORTE AVE S SHIELDS ST W PROSPECT RD S TAFT HILL RD N SHIELDS ST W ELIZABETH ST W MULBERRY ST S OVERLAND TRL W VINE DR N OVERLAND TRL N TAFT HILL RD W STUART ST W PLUM ST ELM ST W MOUNTAIN AVE SPRINGFIELD DR MICHAUD LN RAMPART RD MAPLE ST LAWTON LN SKYLINE DR N SUNSET ST IRISH DR WEST ST PARK ST TYLER ST WAKONDA DR HAVEL AVE ROCKY RD AZALEA DR SHELDON DR CEDARWOOD DR HEADWATER DR S BRYAN AVE ROSS DR LARCH ST W LAKE ST DOVER DR SHILO DR W OLIVE ST NEIL DR BIANCO DR N BRYAN AVE FREY AVE MOBY DR TEAL DR CLOVER LN GLENMOOR DR ELLIS DR BIRCH ST CHERRY ST W STUART ST N TAFT HILL RD . 0 600 1,200 2,400 3,600 Printed: 05/4,800 29/2012 Feet W VINE DR LAPORTE AVE N SHIELDS ST WOOD ST ELM ST W MOUNTAIN AVE MAPLE ST WEST ST PARK ST HANNA ST CHERRY ST N TAFT HILL RD LYONS ST PEARL ST AZTEC DR COLUMBINE CT N BRYAN AVE JUNIPER CT N FREY AVE LANCER DR S TAFT HILL RD N ROOSEVELT AVE N MACK ST CLOVER LN STERLING LN BEECH CT BISHOP ST FISHBACK AVE ACKERMAN CT HAWKINS ST GRIFFIN PL N MCKINLEY AVE ELM CT N TAFT HILL RD N BRYAN AVE LYONS ST . Printed: 06/14/2012 All are floodplain approximate. boundaries This Agency information (FEMA) Flood is based Insurance on the Federal Rate Map Emergency (FIRM) and Management the City of Fort that the Collins referenced Master Drainageway property will or Plans. will not This be free letter from does flooding not imply or damage. City Designated A property Floodplain not in the may Special be damaged Flood Hazard by a flood Area greater or in a than not shown that predicted on the map. on the This map map or from does a not local create drainage liability problem on the part that results of the City, from or reliance any officer on this or employee information. thereof, for any damage City Flood Risk Map Moderate Risk May - Areas include:of FEMA 500-year floodplain (FEMA Zone X-shaded). - Areas average of depths FEMA or of City less 100-than year 1 foot. floodplain (sheet flow) with Low Risk - Areas protected by levees from the 100-year flood. Areas floodplains. outside Local of FEMA drainage and problems City mapped may 100-still year exist. and 500-year City - Areas Flood of FEMA Fringe 100-- May year Include: floodplain (FEMA Zones A, AE, AO, and AH) - Areas flow areas of City with 100-average year floodplain depths of including 1-3 feet. ponding areas and sheet There is a 1% annual chance that these areas will be flooded. High Risk City fastest Floodway velocities. - Area of 100-year floodplain with greatest depths and 0 250 500 1,000 1,500 2,000 Feet ATTACHMENT 3 Cost sharing between Larimer County and the City of Fort Collins for the West Vine Outfall Project Project; West Vine Outfall Channel (Poudre River north to Vine Drive) Cost; Estimated Total Project Cost (as of October 2013) = $2,301,000* Year City of Fort Collins Contribution IGA (Year) Larimer County Contribution Total 2012 $201,000 2012 $487,500 $688,500 2013 $1,000,000 2013 $612,500 $1,612,500 Total $1,201,000 $1,100,000 $2,301,000 * Preliminary construction costs based upon 50% level design plans ATTACHMENT 5 ATTACHMENT 6 ATTACHMENT 7 - 1 - RESOLUTION 2013-088 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE EXECUTION OF A SUPPLEMENTAL INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY AND LARIMER COUNTY FOR THE CONSTRUCTION OF CERTAIN STORMWATER IMPROVEMENTS IN THE WEST VINE BASIN WHEREAS, in 1997, the City and Larimer County entered into an intergovernmental agreement for coordinated stormwater management, assigning responsibilities to each entity related to needed stormwater improvements in the West Vine Basin (the “IGA”); and WHEREAS, in 2004, the City Council adopted the West Vine Basin Master Drainage Plan ("West Vine Plan"), including areas located in the northwest portion of the City and in Larimer County; and WHEREAS, City staff and Larimer County representatives have determined that certain stormwater improvements are needed in the West Vine Basin due to existing conditions and Larimer County’s North Shields Street widening project; and WHEREAS, in conjunction with the County project, which began in 2011, City staff identified stormwater improvements that needed analysis and design under the City and County plans, including construction of an outfall channel and a regional detention pond in the north Shields Street area; and WHEREAS, in 2012, the City and the County entered into an amendment to the IGA to share the analysis and design costs for the outfall channel, with the understanding that a further amendment would occur prior to construction of the outfall channel; and WHEREAS, staff of both jurisdictions have prepared a proposed Supplemental Intergovernmental Agreement Between the City and Larimer County for the Construction of Specific West Vine Basin Stormwater Improvements ("Supplemental IGA") that provides for the sharing of costs for the construction of an outfall channel and a regional detention pond in the West Vine Basin; and WHEREAS, the City and the County are authorized by Article XIV, Section 18 of the Colorado Constitution and Section 29-1-102, et. seq. of the Colorado Revised Statutes, to enter into intergovernmental agreements for the purpose of providing any service or performing any function which each can perform individually; and WHEREAS, the City Council has determined that it is in the best interests of the City to enter into the Supplemental IGA. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor is hereby authorized to execute the Supplemental IGA, in substantially the form shown on Exhibit “A”, attached hereto and incorporated hereby by this reference, with such modifications and additional terms as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City. - 2 - Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th day of November A.D. 2013. Mayor ATTEST: City Clerk Page 1 of 5 SECOND SUPPLEMENTAL INTERGOVERNMENTAL AGREEMENT FOR FUNDING OF CONSTRUCTION OF SPECIFIC WEST VINE DRAINAGE BASIN IMPROVEMENTS THIS SECOND SUPPLEMENTAL INTERGOVERNMENTAL AGREEMENT (the “Agreement”) is made and entered into this day of _____________, 2013, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation (the “City”) and THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, COLORADO for the use and benefit of the Larimer County Public Works Department (the “County”). I. RECITALS A. The parties to this Agreement entered into an Intergovernmental Agreement for Stormwater Cooperation in 1997 (hereafter referred to as “1997 Agreement”) assigning responsibilities to the City and the County related to the West Vine Project, and the 1997 Agreement remains in effect except with regard to terms and conditions related to the Dry Creek Project; and B. The parties to this Agreement previously supplemented the 1997 Agreement in April 2012 for purposes of the design of a portion of the West Vine Project (“2012 IGA Amendment”); and C. The parties to this Agreement wish to adopt an additional supplement to the 1997 Agreement for purposes of the construction of a portion of the West Vine Project, due to changed circumstances since 1997; and D. The parties to this Agreement have the authority pursuant to Article XIV, Section 18 of the Colorado Constitution and Section 29-1-201, et seq., Colorado Revised Statutes, to enter into intergovernmental agreements for the purpose of providing any service or performing any function which they can perform individually. E. The West Vine Basin (“Basin”) Master Drainage Plan, a component of the West Vine Project, was completed in 2002 and has been adopted by both the City and the County. F. The Basin is located both within the City and within the County, with the majority of the basin area being within the County. The area of the Basin within the County is within the City’s Growth Management Area (GMA) and is expected to be annexed by the City in the future. G. The City and the County both collect stormwater fees from properties located within their respective areas of the Basin. Both the City and the County are EXHIBIT A Page 2 of 5 authorized to use these fees for the analysis, design, and construction of drainage improvements to the Basin. H. The City and the County each have authority to assume primary responsibility for managing the design and construction of improvements to the Basin. I. The parties agree it is in their best interests to work cooperatively in the construction of drainage improvements to the Basin, particularly with regard to the northern portion of a stormwater outfall channel from a proposed Forney stormwater detention pond at the intersection of Taft Hill Road and West Vine Drive northeast to the Cache la Poudre River, west of Shields Street. J. The City currently retains under contract a qualified engineering design consultant (the “Consultant”) who is completing the final design of drainage improvements within the Basin (this work to be referred to as the “West Vine Outfall Project” or “Project”). The City also retains under contract a qualified construction contractor (the “Contractor”) who is able to construct the West Vine Outfall Project in collaboration with City and County staff. K. The City, County, the City’s Contractor, and the Consultant have estimated the cost to complete construction of the West Vine Outfall Project to be approximately $2,301,000 (Two Million Three Hundred and One Thousand Dollars). The scope of the construction of the Project will include improvements to the Basin beginning at West Vine Drive, west of North Shields Street, proceeding north until intersecting with the Cache la Poudre River at a location in the vicinity of the North Shields Street Bridge over the Cache la Poudre River. L. The City and County agree the City will assume primary responsibility, with close coordination by the County, in determining the scope of work and budget to be issued to the Contractor. M. This Agreement sets out the terms under which the parties will cover the costs for the construction of the West Vine Outfall Project, as part of the West Vine Project in the 1997 Agreement. Subsequent sharing of costs for the future design and construction of the stormwater improvements within the Basin, west of North Taft Hill Road will be agreed to in writing by the City and County under the auspices of this Agreement. N. The City and County agree to amend the calculation of payments by each entity under the 1997 Agreement to reflect a mutually agreeable payment structure, in lieu of a payment format based solely on fees collected by each entity within the Basin. The payment structure hereafter will be based on a comparison of available funds to respective project needs. This amended payment process will be utilized for all future phases of construction within the Basin, though the exact cost- sharing balance may vary slightly between projects. Page 3 of 5 II. CONSIDERATION NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: III. TERMS 1. The City and the County intend to share the costs associated with completing the construction of improvements to the West Vine Basin. 2. A document describing the cost estimate associated with constructing the West Vine Outfall Project is marked as Exhibit “A” and attached hereto and incorporated by reference. The total cost estimate for the construction of the West Vine Outfall Project is approximately $2,301,000 (Two Million Three Hundred and One Thousand Dollars). 3. As of the date of this Agreement, the City has paid or will pay a portion of the costs associated with the construction of the Project, estimated to be approximately $1,201,000 (One Million Two Hundred and One Thousand Dollars) out of its own funds. As of the date of this Agreement, the County has paid or will pay a portion of the costs associated with the construction of the Project, estimated to be approximately $1,100,000 (One Million One Hundred Thousand Dollars) out of its own funds. 4. Upon execution of this Agreement, the County shall transfer to the City no less than $612,500 (Six Hundred and Twelve Thousand and Five Hundred Dollars). Per the April 2012 IGA Amendment, the City is crediting the County for one-half (1/2) the cost of the previous completed Design Phase with this transfer. The County will transfer such funds from the Basin stormwater fees it has collected. This transfer shall be made such that the funds are available prior to the Notice of Award to the Contractor to begin work on the construction of the Project. 5. The County authorizes the City to pay and the City agrees to pay the Contractor’s fees and expenses for completing the construction of the Project from those funds transferred by the County from its Basin storm water fees, provided that the Fort Collins City Council approves an appropriation ordinance authorizing such expenditure. 6. The City shall maintain accurate accounts of all Project construction expenditures that are paid from the fees transferred by the County. The City shall provide to the County information detailing incremental and total Project construction expenditures and the remaining balance of funds on at least a quarterly basis. 7. The City shall notify and obtain the County’s consent prior to authorizing any changes in the scope of services or other expenditures that would cause costs to exceed the amount budgeted in Exhibit A. Page 4 of 5 8. The City and County shall each designate a representative to serve on the Project construction team. The City and County will cooperate in the oversight of the construction process. Such oversight shall include input by appropriate technical specialists from both the City and the County staff. 9. Furthermore, conceptual design work for the Basin has been completed by the Consultant per the 2012 IGA Amendment. This conceptual design work encompasses the Project from the confluence with the Cache la Poudre River northwest through Vine Drive, and west to the City-owned Forney Pond at the southeast corner of Vine Drive and Taft Hill Road. The City and County agree that as additional stormwater funds become available, that they, by mutual agreement, may continue to complete the final design of the Project, acquire the necessary easement or rights-of-way, and construct improvements for the project area described above. 10. The City accepts no responsibility or liability for the services to be performed by the Consultant or the Contractor. 11. Due to City and County boundaries that have changed since the 1997 IGA, the City and County agree to amend Section 4.D of the 1997 Agreement to reflect a mutually agreeable payment structure, in lieu of a payment format based solely on the percentage of basin fees collected by each entity within the Basin. Future cost sharing between the City and the County for work within the Basin will be based upon mutually agreeable cost participation, including considering available funds to respective project needs, regardless of stormwater basin fees collected by either entity. This amended payment process will be utilized for future phases of design and construction within the Basin, though the exact cost-sharing balance may vary slightly between projects. The specific cost participation agreements will be reduced to writing in the form of addenda to this Agreement or separate memoranda of understanding between the parties referencing this Agreement. 12. The City’s and County’s financial obligations under this Agreement are contingent upon the annual appropriation, budgeting and availability of specific funds to discharge those obligations. Nothing in this Agreement shall create a payment guaranty by either party or a debt or a multiple-fiscal year financial obligation under the Colorado Constitution or any similar provisions of the City’s charter or ordinances. 13. The City and County intend that this Agreement bind them, their officers and employees. Either party shall be permitted to specifically enforce any provision of this Agreement in a court of competent jurisdiction. 14. This Agreement, incorporating the 1997 Agreement and 2012 IGA Amendment, shall constitute the entire understanding of the parties hereto with regard to the subject matter hereof. [Remainder of Page Intentionally Left Blank] Page 5 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. THE CITY OF FORT COLLINS, COLORADO, A Municipal Corporation By: Name Title ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney BOARD OF COMMISSIONERS OF LARIMER COUNTY, COLORADO For the use and benefit of the Larimer County Engineering Department By: Name Title ATTEST: County Clerk APPROVED AS TO FORM: County Attorney - 1 - ORDINANCE NO. 156, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE IN THE STORMWATER FUND FROM LARIMER COUNTY FOR CONSTRUCTION OF CERTAIN STORMWATER IMPROVEMENTS IN THE WEST VINE BASIN WHEREAS, in 1997, the City and Larimer County entered into an intergovernmental agreement for stormwater cooperation (the “IGA”), assigning responsibilities to each entity related to certain stormwater improvements in the West Vine Basin; and WHEREAS, in 2004, the City Council approved the West Vine Basin Master Drainage Plan, including areas located in the northwest portion and in Larimer County; and WHEREAS, the West Vine Basin Master Drainage Plan includes the future reduction of the existing 100-year floodplain that crosses Shields Street; and WHEREAS, City staff and Larimer County representatives have determined that certain stormwater improvements are needed in the West Vine Basin in light of existing circumstances; and WHEREAS, in 2011, Larimer County initiated its North Shields Street widening project, which affects a portion of the West Vine Basin north of the Shields Street bridge; and WHEREAS, in conjunction with the County project, City staff identified stormwater improvements that needed analysis and design under the City and County plans, including construction of an outfall channel and a regional detention pond; and WHEREAS, in 2012, the City and the County entered into an amendment to the IGA to share the analysis and design costs for the outfall channel, with the understanding that a further amendment would occur prior to construction; and WHEREAS, a new IGA amendment has been prepared now that initial design of the outfall channel is complete, and final construction plans are anticipated in December, 2013; and WHEREAS, estimated construction costs for the outfall channel are $2,301,000, of which the City will fund up to $1,201,000, with Larimer County paying the remainder; and WHEREAS, upon execution of the IGA amendment, the County will pay the City $612,500 toward its portion of the construction costs, which funds will be deposited into the City’s Stormwater Fund; and WHEREAS, upon receipt of the County’s payment, the City will record a credit in favor of the County toward its funding obligations under the IGA amendment, in recognition of extra design costs previously advanced by the County under the 2012 IGA amendment; and WHEREAS, the funds required for the City’s portion of the construction costs were included in the 2013-14 Budget; and - 2 - WHEREAS, Article V, Section 9, of the City Charter authorizes 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 the fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff have determined that the appropriation of revenue as described herein will not cause the total amount appropriated in the Stormwater Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year; and WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund or capital project to another fund or capital project, 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 that there is hereby appropriated from unanticipated revenue in the Stormwater Fund the sum of ONE MILLION TWO HUNDRED ONE THOUSAND DOLLARS ($1,201,000) for construction of specific West Vine Basin stormwater improvements. Introduced, considered favorably on first reading, and ordered published this 5th day of November, A.D. 2013, and to be presented for final passage on the 19th day of November, A.D. 2013. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of November, A.D. 2013. __________________________________ Mayor ATTEST: _______________________________ City Clerk ATTACHMENT 2