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Home My WebLink About006 - 02/07/2023 - APPROPRIATING PRIOR YEAR RESERVES IN THE TRANSPORTATION CAPITAL EXPANSION FEE FUND FOR ELIGIBLE REIM ORDINANCE NO. 006, 2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE TRANSPORTATION CAPITAL EXPANSION FEE FUND FOR ELIGIBLE REIMBURSEMENT TO THE NORTHFIELD DEVELOPER FOR CONSTRUCTION OF SUNIGA ROAD IMPROVEMENTS WHEREAS, City Code Section 7.5-32 establishes a transportation capital expansion fee ("TCEF") that is one of the City's capital expansion fees that are imposed on development at the time of building permit issuance to ensure that new growth and development in the City bears a proportional share of the City's costs for certain capital improvements, including streets and related transportation improvements; and WHEREAS, Code Section 7.5-32 also provides that the TCEF revenues are to be deposited into the City's Transportation Improvement Fund established in City Code Section 8-87 (the "TCEF Fund"); and WHEREAS, Code Section 8-87 directs that the monies in the TCEF Fund are to be used as provided in Division 2 of Article III of City Code Chapter 24 ("Division 2") WHEREAS, Division 2 provides that the revenues in the TCEF Fund are to be used by the City to fund certain transportation improvements, including arterial and collector streets, either directly or as reimbursement to developers of real property who have constructed such improvements; and WHEREAS, in order for a developer to be eligible for reimbursement of its costs for qualifying transportation improvements it has constructed, Division 2 requires the developer to submit proof of its costs to the City for the City Engineer's review and approval consistent with the requirements of Division 2; and WHEREAS, DFC Northfield, LLC, is the developer of the Northfield development (the "Developer") and as part of that development,has constructed a portion of the City's Suniga Road as a four-lane arterial street ("Suniga Road Improvements"); and WHEREAS, the Developer has submitted its request to the City for a reimbursement of $2,081,548 representing its costs for the oversized portion of the Suniga Road Improvements (the "Reimbursement Request"); and WHEREAS, the City Engineer has reviewed the Reimbursement Request and determined it meets the requirements of Division 2 and that the Developer is eligible to be reimbursed for the amount requesting in its Reimbursement Request, but Code Section 24-112(c) provides that all reimbursements under Division 2 must first be appropriated from the TCEF Fund by City Council; and -1- WHEREAS, the monies necessary to satisfy the Reimbursement Request have not been appropriated from the TCEF Fund by Council, so this Ordinance must be adopted by Council before the reimbursement can be made to the Developer; 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 revenues and funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, the City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the TCEF Fund and will not cause the total amount appropriated in the TCEF Fund to exceed the current estimate of actual and anticipated revenues and all other funds to be received in the Fund during this fiscal year; and WHEREAS, this appropriation benefits the public health, safety and welfare of the residents of Fort Collins and serves the public purpose of reimbursing the Northfield Developer for the costs it incurred to construct a portion of the City's Suniga Road to arterial standards,which standards the Developer was not legally required to satisfy considering the impacts of its development. 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 TCEF Fund the sum of TWO MILLION EIGHTY-ONE THOUSAND FIVE HUNDRED FORTY-EIGHT DOLLARS ($2,081,548) to be expended in the TCEF Fund to pay such amount to the Developer in reimbursement for constructing the oversized portion of the Suniga Road Improvements. Introduced, considered favorably on first reading, and ordered published this 17th day of January, 2023, and to be presented for fi e on the 7th day of Febr y, 2023. 0. �: or ATTEST: City Clerk -2- Passed and adopted on final reading on the 7th day of February, 2023. JAL 14 y ATTEST: �� •: �% .•. ' f -PADO City Clerk -3- Account#: FTC-003160 FORT-COLLINS i 1 i Invoice Text 0--�A NOTICE IS HEREBY GIVEN that the Fort Collins City Coum STATE OF COLORADO COUNTY OF LARiMER AFFIDAVIT OF PUBLICATION CITY OF FC-CLERK-LEGALS 300 LAPORTE AVE FORT COLLINS CO 80521 I,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that the same is a daily newspaper of general circulation and printed and published in the City of Fort Collins,in said county and state;that the notice or advertisement,of which the annexed is a true copy,has been published in said daily newspaper and that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice,and in the newspaper proper and not in a supplement thereof;that the publication of said notice was contained in the issues of said newspaper dated on 01/22/23 that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the period of at least six months next prior to the first publication of said notice or advertisement above referred to;that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. 44 -— Legal Clerk Subscribed and sworn to before me,within the County of Brown,State of Wisconsin this 22nd of January 2023. Notary Public C// Notary Expires _ Legal No.0005563990 NICOLE JACOBS Ad#:0005563990 Notary Public Affidavit Prepared P O:Legal Notice Sunday,January 22,2023 4:18 am This is not an invoice State Of WiS60nsin #of Affidavits:1 #of Affidavits: NOTICE 15 HEREBY GIVEN that the Fort Collins City Council, on Tuesday, January 17, 2023, passed and adopted the following ordinance(s) on first reading. The ordinonce(s) will be pre- senied for final passage on Tuesday, February 7,2023: ORDINANCE NO.001,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING FUNDS IN THE GENERAL FUND FOP 2023 INCREASES IN SALARY COMPENSATION FOR THE MAYOR AND COUNCILMEM- BERS AS APPROVED BY THE CITY OF FORT COLLINS VOTERS ON NOVEMBER 8,2022,BY THE AMENDMENT OF SECTION 3 IN ARTICLE II OF THE CITY CHARTER ORDINANCE NO.002,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PHILANTHROPIC REVENUE RECEIVED THROUGH CITY GIVE FOR ACQUISITION OF A COMMUNITY SOUNDSTAGE IN THE PARKS DEPARTMENT ORDINANCE NO.003,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS DECLARING A PORTION OF CITY- OWNED PROPERTY AT 835 WOOD STREET AS RIGHT-OF- -WAY ORDINANCE NO.004,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE SALE OF THE REAL PROPERTY LOCATED AT 945 EAST PROSPECT ROAD TO KUM&GO,L.C. ORDINANCE NO.005,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RE- SERVES AND AUTHORIZING TRANS. FERS OF APPROPRIATIONS FOR THE 215 NORTH MASON MUNICIPAL COURT 15-YEAR BUILDOUT DESIGN AND RELATED ART IN PUBLIC PLA- CES ORDINANCE NO.006,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RE- SERVES IN THE TRANSPORTATION CAPITAL EXPANSION FEE FUND FOR ELIGIBLE REIMBURSEMENT TO THE NORTHFIELD DEVELOPER FOR CONSTRUCTION OF SUNIGA ROADIMPROVEMENTS ORDINANCE NO.007,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS REPEALING ORDINANCE NO.114, 2022,REPEALING AND REENACTING SECTION 29.1 OF THE CODE OF THE CITY OF FORT COLLINS TO ADOPT THE LAND DEVELOP- MENT CODE AND SEPARATELY CODIFYING THE 1997 LAND USE CODE AS"2022 TRANSITIONAL LAND USE REGULATIONS" ORDINANCE NO.011,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE FORT COLLINS LAND USE'CODE TO UPDATE STANDARDS FOR WIRELESS COM- MUNICATIONS FACILITIES CONSIS. TENT WITH THE WIRELESS TELE- COMMUNICATIONS MASTER PLAN ORDINANCE NO.012,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CODE OF THE CITY OF FORT COLLINS TO UPDATE STANDARDS FOR WIRELESS COM- MUNICATIONS FACILITIES IN PUB- LIC HIGHWAYS CONSISTENT WITH THE WIRELESSTELECOMMUNICA- TIONS MASTER PLAN The full text of the ordinances)can be found at http;/ffcggv,comfpvblicnotices• or by calling tiie City Clerk's Office at 970.221.6515. 0005563990 Coloradoon Jan 22,2023 II I A,ccou.UtM : FTC-003160 r. F®RT-COLLIN,,. )k I Invoice Text ' �i I O�A�r NOTICE IS HEREBY GIVEN that the Fort;Collins City Coun STATE OF COLORADO COUNTY OF LARIMER AFFIDAVIT OF PUBLICATION CITY OF FC-CLERK-LEGALS 300 LAPORTE AVE FORT COLLINS CO 80521 I,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that the same is a daily newspaper of general circulation and printed and published in the City of Fort - Collins,in said county and state;that the riofice of advertisement,of which the annexed is a true copy,has been published in said daily newspaper and that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice,and in the newspaper proper and not in a supplement thereof;that the publication of said notice was contained in the issues of said newspaper dated on 02/12/23 that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the period of at least six months next prior to the first publication of said notice or advertisement above referred to;that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1.879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. Legal Clerk Subscribed and sworn to before me,within the County of Brown,State of Wisconsin this 12th of February 2023. — Notary Public Notary Expires Legal No.0005589574 NANCY HEYRMAN Ad#t:0005589574 Notary U f I C AEfldavit Prepared P O : Sunday,February 12,202:4:18 am This is not an invoice State of Wisconsin '�.-^^T.-a�amcraswessn�.eanr,.x.s,,amnme<:�=aa^acm.� #of Affidavits: #E of Affidavits: NOTICE IS HEREBY GIVEN that the Fort Collins City Council,on Tuesday, February 7,2023,passed and adopted the following ordinance(s)on second reading: ORDINANCE NO.001,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING FUNDS IN THE GENERAL FUND FOR 2023 INCREAS. ES IN SALARY COMPENSATION FOR THE MAYOR AND COUNCILMEM- BERS AS APPROVED BY THE CITY OF FORT COLLINS VOTERS ON NO. VEMBER 8,2022,BY THE AMEND- MENT OF SECTION 3 IN ARTICLE If OF THE CITY CHARTER ORDINANCE NO.002,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PHILANTHROPIC REVENUE RECEIVED THROUGH CITY GIVE FOR ACQUISITION OF A COMMUNITY SOUNDSTAGE IN THE PARKS DEPARTMENT ORDINANCE NO,003,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS DECLARING A PORTION OF CITY-- OWNED PROPERTY AT 835 WOOD STREET AS RIGHT-OF WAY _...._... �.. �. _..._......_...... w_......_�_ _ ...._ ... ..... _ ORDINANCE NO.004,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE SALE OF THE REAL PROPERTY LOCATED AT 945 EAST PROSPECT ROAD TO KUM& GO,L.C. ORDINANCE NO,005,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RE- SERVES AND AUTHORIZING TRANS- FERS OF APPROPRIATIONS FOR THE 215 NORTH MASON MUNICIPAL COURT 15-YEAR BUILDOUT DESIGN AND RELATED ART IN PUBLIC PLA- CES ORDINANCE NO,006,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RE- SERVES IN THE TRANSPORTATION CAPITAL EXPANSION FEE FUND FOR ELIGIBLE REIMBURSEMENT TO THE NORTHFIELD DEVELOPER FOR CONSTRUCTION OF SUN IGA ROAD IMPROVEMENTS ORDINANCE NO.007,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS REPEALING ORDINANCE NO.114, 2022,REPEALING AND REENACTING SECTION 29-1 OF THE CODE OF THE CITY OF FORT COLLINS TO ADOPT THE LAND DEVELOPMENT CODE AND SEPARATELY CODIFYING THE 1997 LAND USE CODE AS"2022 TRANSITIONAL LAND USE REGULATIONS" OR D I NANCE NO,011,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE FORT COLLINS LAND USE CODE TO UPDATE STANDARDS FOR WIRELESS COM- MUNICATIONS FACILITIES CONSIS- TENT WITH THE WIRELESS TELE- COMMUNICATIONS MASTER PLAN ORDINANCE NO.012,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CODE OF THE CITY OF FORT COLLINS TO UPDATE STANDARDS FOR WIRELESS COM- MUNICATIONS FACILITIES IN PUB- LIC HIGHWAYS CONSISTENT WITH THE WIRELESS TELECOMMUNICA- TIONS MASTER PLAN The full text of the ordinance(s)can be found at http://fcgov.com/publicnotices or by calling the City Clerk's Office at 970.221.6515. 0005589574 Coloradoan F E B.12,2023 I i i