HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/05/2017 - ITEMS RELATING TO THE NORTH COLLEGE IMPROVEMENTS PAgenda Item 11
Item # 11 Page 1
AGENDA ITEM SUMMARY September 5, 2017
City Council
STAFF
Caleb Feaver, Civil Engineer I
Dean Klingner, Engineer & Capital Project Manager
Kerri Allison, Real Estate Specialist II
Chris Van Hall, Legal
SUBJECT
Items Relating to the North College Improvements Project–Canal to State Highway 1.
EXECUTIVE SUMMARY
A. Resolution 2017-063 Authorizing the Mayor to Execute a Contract Amendment to the Intergovernmental
Agreement Between the City and the Colorado Department of Transportation for the North College
Improvements Project - Canal to State Highway 1.
B. Resolution 2017-064 Authorizing the Mayor to Execute an Intergovernmental Agreement Between the City
and Larimer County for the North College Improvements Project - Canal to State Highway 1.
C. First Reading of Ordinance No. 092, 2017, Appropriating Unanticipated Grant Revenue from the Colorado
Department of Transportation, and Appropriating Unanticipated Revenue from Larimer County in the
Capital Projects Fund for the North College Improvements Project – Canal to State Highway 1 Project and
for Transfer from the Capital Projects Fund to the Cultural Services and Facilities Fund for the Art in Public
Places Program, and Appropriating Reserves from the Capital Expansion Fund for Transfer to the Capital
Projects Fund for the North College Improvements Project – Canal to State Highway 1 Project and for
Transfer to the Cultural Services and Facilities Fund for the Art in Public Places Program.
D. First Reading of Ordinance No. 108, 2017, Authorizing the Acquisition by Eminent Domain of Certain
Lands Necessary to Construct Public Improvements in Connection with the North College Improvements
Project – Canal to State Highway 1.
The purpose of this item is the following for the North College Improvements Project – Canal to State Highway
1:
Enable the City to receive additional federal grant and local matching funds by authorizing the Mayor to
sign two intergovernmental agreements (IGA). The first IGA is with the Colorado Department of
Transportation (CDOT) and the second IGA is with Larimer County.
Appropriate $810,000 in funding from a Federal Grant and Larimer County as well as appropriate
$400,000 in funding from the Transportation Capital Expansion Fee. These funds will be used for the
design, property acquisition, and construction of the sidewalks and pedestrian bridges, and could include
contributions to the overall roadway improvements.
Obtain eminent domain authorization, if deemed necessary, to acquire property interests needed for
construction improvements.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolutions and Ordinances on First Reading.
Agenda Item 11
Item # 11 Page 2
BACKGROUND / DISCUSSION
North College Avenue (US Highway 287) is a major thoroughfare for both the City of Fort Collins and the
Colorado Department of Transportation (CDOT). In 2016, the City finished rehabilitating the North College
corridor within the City limits through the addition of multi-modal, roadway, urban design, and utility
improvements. CDOT is currently constructing improvements on US Highway 287 from State Highway 1 to the
LaPorte Bypass, including the intersections at State Highway 1 and at the LaPorte Bypass.
Following previous City improvements along the North College corridor and CDOT’s current project, a gap in
pedestrian and bicycle infrastructure will exist along both sides of US Highway 287 for approximately 1,000
feet. The area of missing infrastructure includes a crossing over the Larimer & Weld Canal.
In 2012, the City was awarded federal Congestion Mitigation and Air Quality (CMAQ) funds by the North Front
Range Metropolitan Planning Organization (NFRMPO) to initiate a project addressing the lack of pedestrian
and bicycle facilities along US Highway 287 between the city limits and State Highway 1. Total federal and
local matching funds were $908,323. Resolution 2015-007 and Ordinance No. 009, 2015 executed the CMAQ
IGA with CDOT and appropriated the funds.
After project initiation, the City developed conceptual design alternatives and cost estimates. It was determined
that additional funding was necessary to construct sidewalks and pedestrian bridges on both sides of the road.
The project is both inside the City limits and unincorporated Larimer County, and is located on US Highway
287 (a CDOT managed road). All three agencies are coordinating in order to reconstruct the roadway and
construct sidewalks on both sides of the road. Larimer County was awarded a federal Transportation
Alternatives Program (TAP) grant for pedestrian and bicycle improvements. Larimer County will provide the
local matching funds required by the grant, with a total of $810,000 in TAP and local matching funds. CDOT,
Larimer County and the City agreed that the City was best positioned to incorporate the TAP funds into the
project through an amendment to the existing IGA. A separate IGA is needed between the City and Larimer
County to provide the required local matching funds.
As part of the multi-agency collaboration, the City agreed to bring additional funds in order to assist in
completion of the overall project. Staff identified the Transportation Capital Expansion Fee as an eligible
source of the additional funds. Larimer County leadership also agreed to bring additional funds to the project
for the same goal. CDOT agreed to bring additional resources to further the completion of the overall project.
Design of the sidewalks and pedestrian bridges is currently underway. CDOT is beginning the roadway design
and intends to incorporate roadway construction into the current CDOT US Highway 287 project. Roadway
improvements are anticipated to include new pavement, curb and gutter and storm water improvements.
Sidewalk and pedestrian bridge construction is tentatively scheduled for the summer and fall of 2018.
To construct the sidewalks and pedestrian bridges, the City will need to acquire certain property interests.
The descriptions on Attachment 2, “Proposed Right of Way” map, correspond to the parcel numbers in the
legal descriptions attached to the resolution. For example, Exhibit A, which is Parcel Number: RW1, is shown
on the right hand side of the map.
The acquisitions include right-of-way, permanent easements, and temporary easements from nine property
owners. Since the Project is located on a CDOT facility (US Highway 287) and is partially funded by federal
grants, aspects of the Project, including property acquisitions, must comply with procedures for federally
funded projects. The acquisitions for this Project conform to the provisions of the Uniform Relocation
Assistance and Real Property Acquisitions Policies Act of 1970 as Amended (Public Law 91-646). In
accordance with these regulations, the City must inform property owners about the possible use of eminent
domain and their rights pursuant to Colorado Statute in the official Notice of Intent Letter. The authorization
from City Council is needed prior to sending this information to property owners. This letter is the first official
step in the acquisition phase and happens prior to the appraisals. Staff intends to negotiate in good faith with
the affected owners and is optimistic that all property negotiations can be completed prior to the start of the
Project. Staff is requesting authorization of eminent domain for all property acquisitions for the Project only if
Agenda Item 11
Item # 11 Page 3
such action is deemed necessary. The descriptions on the attached “Proposed Right of Way” map correspond
to the parcel numbers in the legal descriptions attached to the resolution. For example, Exhibit A, which is
Parcel Number: RW 1, is shown on the right hand side of the map.
Staff has begun meeting with the affected property owners to discuss the project and the impacts to their
property. The property owners were notified that City staff would be requesting authorization to use eminent
domain to acquire necessary property interests, if needed. City staff received no objections to this proposed
request. Staff fully intends to negotiate in good faith with all affected owners; however, if an agreement cannot
be reached with the owners, and in order to ensure that the Project can proceed in an efficient and timely
manner, the City may consider the use of eminent domain.
The affected property owners were notified by certified mail of this request to Council for authorization of
eminent domain prior to the first reading of this Ordinance.
Because the Project will cost over $250,000, 1% of the appropriated funds will be appropriated to APP in
accordance with City Code, except for the TAP Grant which is ineligible for APP.
CITY FINANCIAL IMPACTS
The following is a summary of the project funding:
Prior Appropriated Funds
Prior Appropriated Federal Funds (CMAQ Grant) $752,000
Prior Appropriated Local Matching Funds $156,323
Total Prior Appropriation $908,323
Funds to be Appropriated with this Action
Federal Funds to be Appropriated (TAP Grant) $648,000
Local Matching Funds to be Appropriated (Larimer
County Funds)
$162,000
Transportation Capital Expansion Fee Funds to be
Appropriated
$400,000
Total Funds to be Appropriated per this Action $1,210,000
Total Current Project Budget $2,118,323
Transfer to Art in Public Places $5,620
PUBLIC OUTREACH
City staff is maintaining a project website through the Engineering homepage as the first resource for public
outreach. Staff has met with various stakeholders including the North Fort Collins Business Association,
property owners, local residents, the Larimer & Weld Canal Company and Bicycle Fort Collins.
After the final scope and budget are developed through the fall of 2017, staff will continue to meet with
stakeholders through final design and construction.
ATTACHMENTS
1. Project Location Map (PDF)
2. Proposed Right of Way Map (PDF)
ATTACHMENT 1
N
RW
TE
UE
PE
Right of Way
Temporary Easement
Utility Easement
Permanent Easement
Legend
Property Line
Proposed Right of Way Acquisition Exhibit
ATTACHMENT 2
11.2
Packet Pg. 113
Attachment: Proposed Right of Way Map (5681 : N College Improvements Project-Canal to SH 1)
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RESOLUTION 2017-063
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT AMENDMENT
TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY
AND THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE
NORTH COLLEGE IMPROVEMENTS PROJECT- CANAL TO STATE HIGHWAY 1
WHEREAS, in 2012 the City was awarded federal Congestion Mitigation and Air
Quality (“CMAQ”) funds by the North Front Range Metropolitan Planning Organization
(“NFRMPO”) to initiate a project addressing the lack of pedestrian facilities along US Highway
287 between the City limits and State Highway, also known as the North College Improvements
Project – Canal to State Highway 1, both within the City and unincorporated Larimer County
(the “Project”); and
WHEREAS, Resolution 2015-007 and Ordinance No. 009, 2015 approved the execution
of an Intergovernmental Agreement between the City and the Colorado Department of
Transportation (“CDOT”) and appropriation of $908,323 in federal and local matching funds for
the Project; and
WHEREAS, it was later determined that $908,323 was not adequate funding for the
Project; and
WHEREAS, Larimer County (the “County”) subsequently applied for, and was awarded,
a federal Transportation Alternatives Program (“TAP”) grant in the amount of $648,000 for
pedestrian improvements in the area within the Project, with the County providing local
matching funds of $162,000, for a total grant amount of $810,000 (the “TAP Grant”); and
WHEREAS, the City, the County and CDOT all agree that the City is best positioned to
incorporate the TAP Grant into the Project by entering into an Intergovernmental Agreement (the
“IGA”) with the County where the County will transfer the $162,000 local matching funds for
the TAP Grant to the City and then the City will amend the existing Project IGA between the
City and CDOT to incorporate the TAP Grant into the Project; and
WHEREAS, after incorporating the TAP Grant, the total amount currently appropriated
for the Project is $1,718,323; and
WHEREAS, Article II, Section 16 of the City Charter empowers the City Council, by
ordinance or resolution, to enter into contracts with governmental bodies to furnish governmental
services and make charges for such services, or enter into cooperative or joint activities with
other governmental bodies; and
WHEREAS, Section 29-1-203 of the Colorado Revised Statutes provides that
governments may cooperate or contract with one another to provide certain services or facilities
when such cooperation or contracts are authorized by each party thereto with the approval of its
legislative body or other authority having the power to so approve; and
-2-
WHEREAS, the City Council has determined that the Project is in the best interests of the
City and that the Mayor be authorized to execute the IGA between the City and CDOT in
support thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. The City Council hereby authorizes the Mayor to execute the Amendment
to the Agreement between the City and CDOT, substantially in the form attached hereto as
Exhibit “A,” together with such modifications and additions as the City Manager, in consultation
with the City Attorney, determines necessary and appropriate to protect the interests of the City
or further the purposes of this Resolution, as set forth above.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th
day of September, A.D. 2017.
_________________________________
Mayor
ATTEST:
_____________________________
Chief Deputy City Clerk
PO #: 471000624
Routing #: 15-HA4-ZH-00121-M0006
Document Builder Generated
Rev. 12/09/2016
Page 1 of 2
STATE OF COLORADO AMENDMENT
Amendment #: 1 Project #: AQC M455-111 (19561)
SIGNATURE AND COVER PAGE
State Agency
Department of Transportation
Amendment Routing Number
15-HA4-ZH-00121-M0006
Contractor
City of Fort Collins
Original Agreement Routing Number
15-HA4-75629
Agreement Maximum
Amount
Initial term
State Fiscal Year
Extension terms
State Fiscal Year
State Fiscal Year
State Fiscal Year
State Fiscal Year
Total for all state fiscal years
$0.00
$0.00
$0.00
$0.00
$0.00
$1,718,323.00
Agreement Performance Beginning Date
The later of the effective date or February 13,
2015
Initial Agreement expiration date
February 12, 2020
THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this
Amendment and to bind the Party authorizing his or her signature.
CONTRACTOR
City of Fort Collins
____________________________________________
By: ,
Date: _________________________
STATE OF COLORADO
John W. Hickenlooper, Governor
Department of Transportation
Shailen P. Bhatt, Executive Director
___________________________________________
Joshua Laipply, P.E., Chief Engineer
Date: _________________________
In accordance with §24-30-202 C.R.S., this Amendment is not valid until signed and dated below by the State
Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:___________________________________________
Department of Transportation
Effective Date:_____________________
EXHIBIT A
PO #: 471000624
Routing #: 15-HA4-ZH-00121-M0006
Document Builder Generated
Rev. 12/09/2016
Page 2 of 2
1) PARTIES
This Amendment (the “Amendment”) to the Original Agreement shown on the Signature and Cover Page for
this Amendment (the “Agreement”) is entered into by and between the Contractor and the State.
2) TERMINOLOGY
Except as specifically modified by this Amendment, all terms used in this Amendment that are defined in the
Agreement shall be construed and interpreted in accordance with the Agreement.
3) EFFECTIVE DATE AND ENFORCEABILITY
A. Amendment Effective Date
This Amendment shall not be valid or enforceable until the Amendment Effective Date shown on the Signature
and Cover Page for this Amendment. The State shall not be bound by any provision of this Amendment before
that Amendment Effective Date, and shall have no obligation to pay Contractor for any Work performed or
expense incurred under this Amendment either before or after of the Amendment term shown in §3.B of this
Amendment
B. Amendment Term
The Parties’ respective performances under this Amendment and the changes to the Agreement contained herein
shall commence on the Amendment Effective Date shown on the Signature and Cover Page for this Amendment
and shall terminate on the termination of the Agreement.
4) PURPOSE
The Parties entered into the Agreement for the design and construction of pedestrian improvements along US
287. The Parties now desire to increase the Total Budgeted Funds in Exhibit C by $810,000.00 for a new
Agreement total of $1,718,323.00.
5) MODIFICATIONS
The Agreement and all prior amendments thereto, if any, are modified as follows: Exhibit C-3. Exhibit C
to the Agreement, Exhibit C-1 to Option Letter No. 1 and Exhibit C-2 to Option Letter No. 2 are removed
and replaced entirely with Exhibit C-3, hereto attached to this Amendment. All references to Exhibit C, C-
1, and Exhibit C-2 will be replaced with Exhibit C-3. Exhibit C-3 increases the Total Budgeted Funds by
$810,000.00, for a new Agreement total of $1,718,323.00.
6) LIMITS OF EFFECT
This Amendment is incorporated by reference into the Agreement, and the Agreement and all prior amendments
or other modifications to the Agreement, if any, remain in full force and effect except as specifically modified
in this Amendment. Except for the Special Provisions contained in the Agreement, in the event of any conflict,
inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions
of the Agreement or any prior modification to the Agreement, the provisions of this Amendment shall in all
respects supersede, govern, and control. The provisions of this Amendment shall only supersede, govern, and
control over the Special Provisions contained in the Agreement to the extent that this Amendment specifically
modifies those Special Provisions.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
([KLELW&±3DJHRI
30. EXHIBIT C-3 – FUNDING PROVISIONS AQC M455-111 (19561)
A. Cost of Work Estimate
7KH/RFDO$JHQF\KDVHVWLPDWHGWKHWRWDOFRVWRIWKH:RUNZKLFKLVWREHIXQGHGDVIROORZV
1 BUDGETED FUNDS
D)HGHUDO)XQGV RI3DUWLFLSDWLQJ&RVWV7$3
([KLELW&3DJHRI
B. Matching Funds
7KHPDWFKLQJUDWLRIRUWKHIHGHUDOSDUWLFLSDWLQJIXQGVIRUWKLV:RUNLVIHGHUDODLGIXQGV
&)'$
-1-
RESOLUTION 2017-064
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY AND LARIMER COUNTY FOR THE
NORTH COLLEGE IMPROVEMENTS PROJECT-CANAL TO STATE HIGHWAY 1
WHEREAS, in 2012 the City was awarded federal Congestion Mitigation and Air
Quality (“CMAQ”) funds by the North Front Range Metropolitan Planning Organization
(“NFRMPO”) to initiate a project addressing the lack of pedestrian facilities along US Highway
287 between the City limits and State Highway, also known as the North College Improvements
Project – Canal to State Highway 1, both within the City and unincorporated Larimer County
(the “Project”); and
WHEREAS, Resolution 2015-007 and Ordinance No. 009, 2015, approved the execution
of an Intergovernmental Agreement between the City and the Colorado Department of
Transportation (“CDOT”) and appropriation of $908,323 in federal and local matching funds for
the Project; and
WHEREAS, it was later determined that $908,323 was not adequate funding for the
Project; and
WHEREAS, Larimer County (the “County”) subsequently applied for, and was awarded,
a federal Transportation Alternatives Program (“TAP”) grant in the amount of $648,000 for
pedestrian improvements in the area within the Project, with the County providing local
matching funds of $162,000, for a total grant amount of $810,000 (the “TAP Grant”); and
WHEREAS, the City, the County and CDOT all agree that City is best positioned to
incorporate the TAP Grant into the Project by entering into an Intergovernmental Agreement (the
“IGA”) with the County where the County will transfer the $162,000 local matching funds for
the TAP Grant to the City and then the City will amend the existing Project IGA between the
City and CDOT to incorporate the TAP Grant into the Project; and
WHEREAS, after incorporating the TAP Grant, the total amount currently appropriated
for the Project is $1,718,323; and
WHEREAS, Article II, Section 16 of the City Charter empowers the City Council, by
ordinance or resolution, to enter into contracts with governmental bodies to furnish governmental
services and make charges for such services, or enter into cooperative or joint activities with
other governmental bodies; and
WHEREAS, Section 29-1-203 of the Colorado Revised Statutes provides that
governments may cooperate or contract with one another to provide certain services or facilities
when such cooperation or contracts are authorized by each party thereto with the approval of its
legislative body or other authority having the power to so approve; and
-2-
WHEREAS, the City Council has determined that the Project is in the best interests of the
City and that the Mayor be authorized to execute the IGA between the City and the County in
support thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. The City Council hereby authorizes the Mayor to execute the IGA
between the City and the County, substantially in the form attached hereto as Exhibit “A,”
together with such modifications and additions as the City Manager, in consultation with the City
Attorney, determines necessary and appropriate to protect the interests of the City or further the
purposes of this Resolution, as set forth above.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th
day of September, A.D. 2017.
_________________________________
Mayor
ATTEST:
_____________________________
Chief Deputy City Clerk
EXHIBIT A
-1-
ORDINANCE NO. 092, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED GRANT REVENUE FROM THE
COLORADO DEPARTMENT OF TRANSPORTATION, AND APPROPRIATING
UNANTICIPATED REVENUE FROM LARIMER COUNTY IN THE CAPITAL
PROJECTS FUND FOR THE NORTH COLLEGE IMPROVEMENTS PROJECT-
CANAL TO STATE HIGHWAY 1 PROJECT AND FOR TRANSFER FROM THE CAPITAL
PROJECTS FUND TO THE CULTURAL SERVICES AND FACILITIES FUND FOR THE
ART IN PUBLIC PLACES PROGRAM, AND APPROPRIATING RESERVES FROM THE
CAPITAL EXPANSION FUND FOR TRANSFER TO THE CAPITAL PROJECTS FUND
FOR THE NORTH COLLEGE IMPROVEMENTS PROJECT-CANAL TO STATE
HIGHWAY 1 PROJECT AND FOR TRANSFER TO THE CULTURAL SERVICES AND
FACILITIES FUND FOR THE ART IN PUBLIC PLACES PROGRAM
WHEREAS, in 2012, the City was awarded federal Congestion Mitigation and Air
Quality (“CMAQ”) funds by the North Front Range Metropolitan Planning Organization
(“NFRMPO”) to initiate a project addressing the lack of pedestrian facilities along US Highway
287 between the City limits and State Highway 1 also known as the North College
Improvements Project Canal to State Highway 1 Project (the “Project”); and
WHEREAS, Resolution 2015-007 and Ordinance No. 009, 2015, approved the execution
of an Intergovernmental Agreement between the City and CDOT and appropriation of $908,323
in federal and local matching funds for the Project; and
WHEREAS, it was later determined that $908,323 was not adequate funding; and
WHEREAS, Larimer County was subsequently approved for a federally funded category
Transportation Alternatives Program (“TAP”) grant through CDOT, in the amount of $648,000
for improvements in the areas within the Project; and
WHEREAS, Larimer County must provide matching funds for the TAP grant in the
amount of $162,000; and
WHEREAS, the City, the County and CDOT all agree that the City is best positioned to
incorporate the TAP Grant into the Project by entering into an Intergovernmental Agreement (the
“IGA”) with the County where the County will transfer the $162,000 local matching funds for
the TAP Grant to the City and then the City will amend the existing Project IGA between the
City and CDOT to incorporate the TAP Grant into the Project; and
WHEREAS, pursuant to the above, the City Council has adopted Resolution 2017-063
and Resolution 2017-064 authorizing the City to enter into the necessary IGAs with CDOT and
Larimer Country respectively, for the Project; and
WHEREAS, City funding from the Transportation Capital Expansion Fee reserves are
proposed to contribute $400,000 to the Project; and
-2-
WHEREAS, the purpose of this Ordinance is to appropriate unanticipated grant revenue
and reserves of $1,210,000 for the design, property acquisition, and construction of the Project;
and
WHEREAS, Article V, Section 9, of the City Charter 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, City staff has determined that the appropriation of the revenue as described
herein will not cause the total amount appropriated in the Capital Projects Fund to exceed the
current estimate of actual and anticipated revenues to be received in those fund during any fiscal
year; 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, City staff have determined that the appropriations as described herein are
available and previously unappropriated in the Capital Expansion Fund; 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; the purpose for which the
funds were initially appropriated no longer exists; or the proposed transfer is from a fund or
capital project in which the amount appropriated exceeds the amount needed to accomplish the
purpose specified in the appropriation ordinance; and
WHEREAS, this project involves construction estimated to cost more than $250,000, as
such, Section 23-304 of the City Code requires one percent of these qualified appropriations to
be transferred to the Cultural Services and Facilities Fund for a contribution to the Art in Public
Places (APP) program; and
WHEREAS, $648,000 of the project funds being appropriated in this Ordinance are
ineligible for public art purposes, as Section 23-304 of the City Code otherwise requires, due to
grant restrictions on the use of the funds; however, $562,000 of the project funds being
appropriated are eligible for the APP program.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
-3-
Section 2. That there is hereby appropriated for expenditure from unanticipated grant
revenue from CDOT in the Capital Projects Fund the sum of SIX HUNDRED FORTY-EIGHT
THOUSAND DOLLARS ($648,000) for the Project.
Section 3. That there is hereby appropriated for expenditure from unanticipated grant
revenue from Larimer County in the Capital Projects Fund the sum of ONE HUNDRED SIXTY-
TWO THOUSAND DOLLARS ($162,000) for the Project.
Section 4. That there is hereby appropriated for expenditure from reserves in the
Capital Expansion Fund for transfer to the Capital Projects Fund the sum of FOUR HUNDRED
THOUSAND DOLLARS ($400,000) for the Project and appropriated therein.
Section 5. That the unexpended appropriated amount of ONE THOUSAND TWO
HUNDRED SIXTY FOUR DOLLARS ($1,264) in the Capital Projects Fund – North College
Improvements Project Canal to State Highway 1 Project and the unexpended appropriated
amount of THREE THOUSAND ONE HUNDRED TWENTY DOLLARS ($3,120) in the
Capital Expansion Fund is authorized for transfer to the Cultural Services and Facilities Fund
and appropriated therein for Art in Public Places projects.
Section 6. That the unexpended appropriated amount of THREE HUNDRED FIFTY
SIX DOLLARS ($356) in the Capital Projects Fund – North College Improvements Project
Canal to State Highway 1 Project and the unexpended appropriated amount of EIGHT
HUNDRED EIGHTY ($880) in the Capital Expansion Fund is authorized for transfer to the
Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places
Program Maintenance and Operations.
Introduced, considered favorably on first reading, and ordered published this 5th day of
September, A.D. 2017, and to be presented for final passage on the 19th day of September, A.D.
2017.
__________________________________
Mayor
ATTEST:
_______________________________
Chief Deputy City Clerk
-4-
Passed and adopted on final reading on the 19th day of September, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
Interim City Clerk
-1-
ORDINANCE NO. 108, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN
OF CERTAIN LANDS NECESSARY TO CONSTRUCT
PUBLIC IMPROVEMENTS IN CONNECTION WITH THE NORTH
COLLEGE IMPROVEMENTS PROJECT- CANAL TO STATE HIGHWAY 1
WHEREAS, in 2012 the City was awarded federal Congestion Mitigation and Air
Quality (CMAQ) funds by the North Front Range Metropolitan Planning Organization
(NFRMPO) to initiate a project addressing the lack of pedestrian facilities along US Highway
287 between the City limits and State Highway, both within the City and unincorporated Larimer
County (the “Project”); and
WHEREAS, City of Fort Collins Resolution 2015-007 and Ordinance No. 009, 2015
approved the execution of an Intergovernmental Agreement between the City and the Colorado
Department of Transportation (“CDOT”) to appropriate $908,323 in federal and local matching
funds for the Project; and
WHEREAS, the City is incorporating an additional $810,000 into the Project from funds
provided by Larimer County and a federal Transportation Alternatives Program (TAP) grant via
a separate ordinance; and
WHEREAS, to construct the sidewalks and pedestrian bridges associated with the
Project, the City will need to acquire certain property rights as described on Exhibits “A”
through “FF”, attached hereto and incorporated herein by this reference (the “Property Rights”);
and
WHEREAS, the City will negotiate in good faith for the acquisition of the Property
Rights from the owners thereof; and
WHEREAS, the acquisition of the Property Rights is desirable and necessary for the
construction of the Project, is in the City’s best interest, and enhances public health, safety, and
welfare; and
WHEREAS, the acquisition of the Property Rights may, by law, be accomplished
through eminent domain.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby finds and determines that is necessary in the
public interest to acquire the Property Rights described herein for the purpose of constructing the
Project.
-2-
Section 3. That the City Council hereby authorizes the City Attorney and other
appropriate officials of the City to acquire the Property Rights for the City by eminent domain
proceedings.
Section 4. The City Council further finds that, in the event acquisition by eminent
domain of the Property Rights or any of them is commenced, immediate possession is necessary
for the public health, safety and welfare.
Introduced, considered favorably on first reading, and ordered published this 5th day of
September, A.D. 2017, and to be presented for final passage on the 19th day of September, A.D.
2017.
__________________________________
Mayor
ATTEST:
_______________________________
Chief Deputy City Clerk
Passed and adopted on final reading on the 19th day of September, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
Interim City Clerk
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