HomeMy WebLinkAbout037 - 04/19/2022 - APPROPRIATING PRIOR YEAR RESERVES AND AUTHORIZING TRANSFERS OF APPROPRIATIONS FOR THE MIDTOWN INFRASORDINANCE NO. 037, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES AND AUTHORIZING TRANSFERS OF
APPROPRIATIONS FOR THE MIDTOWN INFRASTRUCTURE PROJECTS THIRTY
PERCENT DESIGN PROJECT AND RELATED ART IN PUBLIC PLACES
WHEREAS, the City Council adopted the Midtown Plan and the Midtown In Motion plan
in 2013 and 2014, respectively, which provide a framework for addressing safety, mobility, and
access concerns along South College Avenue from Prospect Road to Harmony Road; and
WHEREAS, the Midtown Plan and the Midtown In Motion plan include a wide range of
capital projects for which the City, through its Engineering Department and others, have been
working on key improvements identified in these plans, namely addressing key intersections; and
WHEREAS, the City plans to partner with the Midtown Business Improvement District
("MBID") to complete the "thirty percent design project" (the "Project"), as thirty percent design
is the key threshold required to apply for Federal funding grants, so the City can compete for
federal funding recently authorized by Congress' adoption of the federal Infrastructure Investment
and Jobs Act (the "Infrastructure Act"); and
WHEREAS, MBID already has allocated and contributed $200,000 toward the thirty
percent design effort, but a total of $500,000 is required to complete the thirty percent design plan
set; and
WHEREAS, the proposed partnership with MBID provides a unique opportunity for the
City to advance the goals of these plans between key intersections on South College Avenue by
leveraging a public/private partnership with MBID and securing $200,000 of its funding for the
mutual benefit of both the MBID ratepayers and the City of Fort Collins as a whole; and
WHEREAS, the MBID corridor generates approximately twenty-one percent of the entire
sales tax for the City, making the success of Midtown critical to the City's overall financial
wellbeing; and
WHEREAS, this partnership would help to fulfill the primary purpose of MBID - to
advance improvements to the physical environment along South College to establish Midtown as
a destination - while also leveraging City funds committed to improving the intersection at Drake
and South College Avenue at a cost savings; and
WHEREAS, the timing of this effort is critical to allow both MBID and the City to leverage
resources outside of this community (federal, state, etc.), while allowing the City to align the
Midtown Infrastructure Projects with the City's Budgeting for Outcomes process and preparing
the City to submit grant requests for infrastructure funding coming through the Infrastructure Act;
and
WHEREAS, this appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of improving transportation infrastructure
within the City; and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make supplemental appropriations 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, the Interim City Manager has recommended the appropriations described
herein and determined that these appropriations are available and previously unappropriated from
the General Fund and the Transportation Capital Expansion Fee Fund, as applicable, and will not
cause the total amount appropriated in the General Fund or the Transportation Capital Expansion
Fee Fund, as applicable, to exceed the current estimate of actual and anticipated revenues and all
other funds to be received in these funds during this fiscal year; and
WHEREAS, Article V, Section 10 of the City Charter authorizes the City Council, upon
recommendation by the City Manager, 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 a construction project estimated to cost more than
$250,000 and, as such, City Code Section 23-304 requires one percent of these appropriations to
be transferred to the Cultural Services and Facilities Fund for a contribution to the Art in Public
Places program ("APP Program"); and
WHEREAS, City Code Section 23-302 defines "construction project" to include, among
other costs, all design costs associated with the construction project; and
WHEREAS, the Interim City Manager has recommended the transfer of $3,000 from the
Capital Projects Fund to the Cultural Services & Facilities Fund and determined that the purpose
for which the transferred funds are to be expended remains unchanged; and
WHEREAS, Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a capital project that such appropriation
shall not lapse at the end of the fiscal year in which the appropriation is made but continue until
the completion of the capital project; and
WHEREAS, the City Council wishes to designate the appropriation herein for the Midtown
Infrastructure Projects Thirty Percent Design Project as an appropriation that shall not lapse until
the completion of the Project; and
-2-
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 there is hereby appropriated from prior year reserves in the General
Fund the sum of ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000) to be expended
in the General Fund for transfer to the Capital Projects Fund for the Midtown Infrastructure
Projects Thirty Percent Design Project and appropriated therein.
Section 3. That there is hereby appropriated from prior year reserves in the
Transportation Capital Expansion Fee Fund the sum of ONE HUNDRED FIFTY THOUSAND
DOLLARS ($150,000) to be expended in the Transportation Capital Expansion Fee Fund for
transfer to the Capital Projects Fund for the Midtown Infrastructure Projects Thirty Percent Design
Project and appropriated therein.
Section 4. That the unexpended and unencumbered appropriated amount of TWO
THOUSAND THREE HUNDRED FORTY DOLLARS ($2,340) in the Capital Projects Fund is
hereby authorized for transfer to the Cultural Services and Facilities Fund and appropriated and
expended therein to fund art projects under the APP Program.
Section 5. That the unexpended and unencumbered appropriated amount of SIX
HUNDRED DOLLARS ($600) in the Capital Projects Fund is authorized for transfer to the
Cultural Services and Facilities Fund and appropriated and expended therein for the operation
costs of the APP Program.
Section 6. That the unexpended and unencumbered appropriated amount of SIXTY
DOLLARS ($60) in the Capital Project Fund is authorized for transfer to the Cultural Services and
Facilities Fund and appropriated and expended therein for the maintenance costs of the APP
Program.
Section 7. That the appropriation herein for the Midtown Infrastructure Projects Thirty
Percent Design Project is hereby designated, as authorized in Article V, Section 11 of the City
Charter, as an appropriation that shall not lapse at the end of this fiscal year but continue until the
completion of the Project.
-3-
Introduced, considered favorably on first reading, and ordered
April, A.D. 2022, and to be presented for final passage on the 19th day
ATTEST:
City Clerk
Passed and adopted on
ATTEST:
City Clerk
AL •,
on the
hed this 5th day of
il, A.D. 2022.
-4-