HomeMy WebLinkAbout073 - 07/05/2022 - MAKING SUPPLEMENTAL APPROPRIATIONS FROM ANTICIPATED LEASE FINANCING PROCEEDS AND PRIOR YEAR RESERVESORDINANCE NO. 073, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS FROM ANTICIPATED
LEASE FINANCING PROCEEDS AND PRIOR YEAR RESERVES IN THE EQUIPMENT
FUND AND AUTHORIZING TRANSFERS FROM THE
EQUIPMENT FUND FOR THE FLEET SHOP EXPANSION PROJECT AND RELATED
ART IN PUBLIC PLACES
WHEREAS, on June 7, 2022, the City Council adopted Ordinance No. 062, 2022, to
authorize and approve the issuance of certificates of participation in a lease -lease back transaction
for the funding of certain City capital projects ("2022 COPS"); and
WHEREAS, one of the City capital projects designated to be funded with some of the
proceeds from the 2022 COPS is the construction of two garage bays to maintain the City's fleet
vehicles that use compressed natural gas (the "Project"); and
WHEREAS, the purpose of these appropriations and transfers of funds is to authorize the
use of a portion of the proceeds the City will be receiving from the issuance of the 2022 COPS to
fund the Project, as well as prior year reserves in the Equipment Fund, to fund the Project and the
related expenditures under the City's Art in Public Places program ("APP Program"); and
WHEREAS, these appropriations and transfers benefit the public health, safety and welfare
of the citizens of Fort Collins and serve the public purpose of funding the Project and providing
public art under the APP Program; and
WHEREAS, since this Project involves construction estimated to cost more than $250,000,
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 use in the APP Program; and
WI IEREAS, the total project cost of $4,618,746 includes a prior appropriation of $431,000
completed in the City's 2022 annual appropriation and the total project cost, excluding the closing
costs of $106,746, has been used to calculate a $45,120 contribution to the APP Program; and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make a supplemental appropriation by ordinance at any
time during the fiscal year, provided that the total amount of such supplemental appropriation, in
combination with all previous appropriations for that fiscal year, do not exceed the current estimate
of actual and anticipated revenues and all other funds to be received during the fiscal year; and
WHEREAS, the Interim City Manager has recommended the appropriation from the
anticipated proceeds of the issuance of the 2022 COPs described herein and determined that this
appropriation is available and previously unappropriated from the Equipment Fund and will not
cause the total amount appropriated in the Equipment Fund to exceed the current estimate of actual
and anticipated revenues and all other funds to be received in this Fund during this fiscal year; 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 appropriation from prior year
reserves in the Equipment Fund described herein and determined that this appropriation is
available and previously unappropriated from the Equipment Fund and will not cause the total
amount appropriated in the Equipment Fund to exceed the current estimate of actual and
anticipated revenues and all other funds to be received in this Fund 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, the Interim City Manager has recommended the transfer of $45,120 from the
Equipment Fund to the Cultural Service & 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 Project
as an appropriation that shall not lapse until the completion of the Project.
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 new revenue or prior year reserves
in the Equipment Fund the sum of FOUR MILLION ONE HUNDRED EIGHTY-SEVEN
THOUSAND SEVEN HUNDRED FORTY-SIX DOLLARS ($4,187,746) to be expended in the
Equipment Fund for the Project.
Section 3. That the unexpended and unencumbered appropriated amount of THIRTY-
FIVE THOUSAND ONE HUNDRED NINETY-FOUR DOLLARS ($35,194) in the Equipment
Fund is hereby authorized for transfer to the Cultural Services and Facilities Fund and appropriated
therein for the APP Program art projects.
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Section 4. That the unexpended and unencumbered appropriated amount of NINE
THOUSAND TWENTY-FOUR DOLLARS ($9,024) in the Equipment Fund is authorized for
transfer to the Cultural Services and Facilities Fund and appropriated therein for the APP Program
operation costs.
Section 5. That the unexpended and unencumbered appropriated amount of NINE
HUNDRED TWO DOLLARS ($902) in the Equipment Fund is authorized for transfer to the
Cultural Services and Facilities Fund and appropriated therein for the APP Program maintenance
costs.
Section 6. That the appropriation herein for the Project is hereby designated, as authorized
in Article V, Section l I 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.
Introduced, considered favorably on first reading, and ordered pub ' ed this 21 st day of
June, A.D. 2022, and to be presented for final passage on thth day of ly A.D.022.
ATTEST:
&t&.y �� SEAL
City Clerk '
Passed and adopted on final reading this 5th day of July, A.D. 2022.
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