HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/03/2013 - FIRST READING OF ORDINANCE NO. 167, 2013, APPROPRIAgenda Item 5
Item # 5 Page 1
AGENDA ITEM SUMMARY December 3, 2013
City Council
STAFF
Mindy Pfleiger, Accounting Supervisor
Craig Foreman, Director of Park Planning & Development
John Voss, Controller/Assistant Financial Officer
SUBJECT
First Reading of Ordinance No. 167, 2013, Appropriating Prior Year Reserves in the Conservation Trust
Fund and Authorizing the Transfer of Appropriations to the Capital Projects Fund.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate $13,808 of prior year reserves in the Conservation Trust Fund
for transfer to the Capital Projects Fund, and to transfer $1,084,261 of existing appropriations from
Conservation Trust Fund projects to projects in the Capital Projects Fund.
Per Colorado Revised Statutes Sec. 29-21-101, only funds received from the State of Colorado lottery
proceeds can be deposited in and expensed from the Conservation Trust Fund. Grants, contributions
and interest earnings tied to these revenues cannot be commingled with the lottery proceeds. This
ordinance transfers the interest earnings, grants, and contributions from existing projects in the
Conservation Trust Fund into projects in the Capital Projects Fund.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The City of Fort Collins receives lottery proceeds from the State each quarter. Every year the City must
submit a ‘Status of Conservation Trust Fund Report’ to the Colorado Department of Local Affairs showing
how the funds are being spent per state statutes. In August 2012, the Colorado Department of Local
Affairs (DOLA) audited the City of Fort Collins’ 2011 ‘Status of Conservation Trust Fund Report’. On
January 9, 2013, the City was notified from DOLA that Conservation Trust Fund dollars were being
commingled with other City funds which is strictly prohibited by state statute. This Ordinance cleans up
the Conservation Trust Fund so the City will be in compliance with C.R.S Sec. 29-21-101.
FINANCIAL / ECONOMIC IMPACT
The City’s Conservation Trust Fund has $13,808 in reserves from interest and contributions which need
to be appropriated for transfer to the Capital Projects Fund. The remaining $1,084,261 to be transferred
are from grants and contributions that were appropriated in past budget cycles and supplemental
ordinances. These existing appropriations are to be transferred out of the Conservation Trust Fund
projects, and applied to the same project through the Capital Projects Fund. The affected projects are as
follows:
Agenda Item 5
Item # 5 Page 2
Trail Acquisition & Development Project $ 13,808
Poudre River Trail Project 737,597
Fossil Creek Trail Project 200,000
Pickle Plant Project 75,364
Hughes Stadium Disc Golf Course Project 71,300
Total $1,098,069
ATTACHMENTS
1. State of Colorado's Response to 2011 Audit (PDF)
ATTACHMENT 1
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ORDINANCE NO. 167, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE CONSERVATION TRUST FUND
AND AUTHORIZING THE TRANSFER OF APPROPRIATIONS TO THE CAPITAL
PROJECTS FUND
WHEREAS, the City receives lottery proceeds from the State of Colorado each quarter
and annually submits to the State a Status of Conservation Trust Fund Report, showing how the
proceeds have been spent; and
WHEREAS, in August 2012, the Colorado Department of Local Affairs (DOLA) audited
the City’s 2011 Status of Conservation Trust Fund Report; and
WHEREAS, on January 9, 2013, the City was notified by DOLA that Conservation Trust
Fund dollars were being improperly commingled with other City funds, contrary to the
requirements of CRS Sec. 29-21-101; and
WHEREAS, this Ordinance separates the lottery funds by transferring the other City funds
that are derived from interest earnings, grants, and contributions, out of projects in the
Conservation Trust Fund and into projects in the Capital Projects Fund; and
WHEREAS, the City’s Conservation Trust Fund has $13,808 in prior year reserves from
interest earnings and contributions, which monies need to be appropriated for transfer to the
Capital Projects Fund to comply with CRS Sec. 29-21-101; and
WHEREAS, the City’s Conservation Trust Fund also has $1,084,261 of existing project
appropriations from grants and contributions that also needs to be transferred to projects through
the Capital Projects Fund; 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 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 (project) to another fund (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 as follows:
Section 1. That there is hereby appropriated from prior year reserves in the
Conservation Trust Fund the sum of THIRTEEN THOUSAND EIGHT HUNDRED AND
- 2 -
EIGHT DOLLARS ($13,808) for transfer to the Capital Projects Fund - Trail
Acquisition/Development - Special Funds Project and appropriated therein.
Section 2. That the unexpended appropriated amount of ONE MILLION EIGHTY-
FOUR THOUSAND TWO HUNDRED SIXTY-ONE DOLLARS ($1,084,261) in Conservation
Trust Fund projects is hereby authorized for transfer to the Capital Projects Fund for the
following projects:
Poudre River Trail Project $737,597
Fossil Creek Trail Project 200,000
Pickle Plant Project 75,364
Hughes Stadium Disc Golf Course Project 71,300
Total $1,084,261
Introduced, considered favorably on first reading, and ordered published this 3rd day of
December, A.D. 2013, and to be presented for final passage on the 17th day of December, A.D.
2013.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 17th day of December, A.D. 2013.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk