HomeMy WebLinkAbout079 - 06/15/2021 - MAKING A SUPPLEMENTAL APPROPRIATION OF A PORTION OF THE CITY'S AMERICAN RESCUE PLAN ACT FUNDING FOR Y
ORDINANCE NO. 078, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING EMERGENCY RULE AND REGULATION NO. 2021-01 PERMITTING
UTILITY BILLING PAYMENT PLANS FOR PAST DUE AMOUNTS ON TERMS OTHER
THAN THOSE SET FORTH IN THE FORT COLLINS MUNICIPAL CODE AND
ENACTED BY THE CITY MANAGER PURSUANT TO THE
LOCAL COVID-19 EMERGENCY AND TEMPORARILY SUSPENDING IN PART THE
APPLICATION OF CITY CODE SECTION 26-713(e)
WHEREAS, the City of Fort Collins is threatened with serious injury and damage,
consisting of widespread human and economic impact caused by the Novel Coronavirus 2019
(COVID-19); and
WHEREAS, in early March 2020 declarations of emergency regarding COVID-19 were
issued by then-President Trump, Governor Polis and the Larimer County Department of Public
Health and Environment; and
WHEREAS, on March 13, 2020, in order to undertake emergency measures to protect the
life, health, safety and property of the citizens of the City and persons conducting business
therein, and in order to attempt to minimize the loss of human life and the preservation of
property, the City Manager, as the Director of the City's Office of Emergency Management,
proclaimed a "local emergency" in accordance with Section 2-671(a)(1) of the City Code and
activated the Emergency Operations Plan established pursuant to Section 2-673 of the City Code;
and
WHEREAS, the City Council extended the local emergency until such time as the City
Manager determines in writing that the conditions justifying the local emergency no longer exist,
with the adoption of Resolution 2020-030 on March 20, 2020; and
WHEREAS, having proclaimed a local emergency, the City Manager has issued
emergency rules and regulations to protect the health and safety of City residents and visitors;
and
WHEREAS, at its adjourned meeting on March 31, 2020, the City Council adopted
Resolution 2020-032, approving the Emergency Rules and Regulations that the City Manager
had issued as of that date, including the following:
a. Emergency Regulation No. 2020-01, dated March 17, 2020;
b. Emergency Regulation No. 2020-02, dated March 19, 2020;
C. Emergency Regulation No. 2020-03, dated March 19, 2020;
d. Emergency Regulation No. 2020-04, dated March 20, 2020; and
e. Amended Emergency Regulation No. 2020-05A, dated March 30, 2020
(terminated on May 24, 2021);
and
WHEREAS, at its regular meeting on April 7, 2020, the City Council adopted Resolution
2020-036, approving the Emergency Rules and Regulations that the City Manager had issued as
of that date, including the following:
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a. Emergency Regulation No. 2020-06, dated April 1, 2020;
b. Emergency Regulation No. 2020-07, dated April 1, 2020 (terminated on June 14,
2020); and
C. Emergency Regulation No. 2020-08, dated April 4, 2020;
and
WHEREAS, at its regular meeting on April 21, 2020, the City Council adopted
Resolution 2020-038 approving the Emergency Rules and Regulations that the City Manager had
issued as of that date, including the following:
a. Emergency Regulation No. 2020-09 (suspended on April 28, 2020);
b. Emergency Regulation No. 2020-010;
C. Emergency Regulation No. 2020-011; and
d. Emergency Regulation No. 2020-012 ;
and
WHEREAS, at its regular meeting on May 5, 2020, the City Council adopted Emergency
Ordinance No. 070, 2020, approving the Emergency Rules and Regulations that that the City
Manager had issued as of that date, including the following:
a. Emergency Regulation No. 2020-013 ;
b. Emergency Regulation No. 2020-014; and
C. Amended Emergency Regulation No. 2020-015A;
and
WHEREAS, at its regular meeting on May 19, 2020, the City Council adopted
Emergency Ordinance No. 073, 2020, approving the Emergency Rules and Regulations that that
the City Manager had issued as of that date, including Emergency Regulation No. 2020-016; and
WHEREAS, at its regular meeting on June 20, 2020, the City Council adopted
Emergency Ordinance No. 080, 2020, approving the Emergency Rules and Regulations that the
City Manager had issued as of that date, including the following:
a. Emergency Regulation No. 2020-017; and
b. Emergency Regulation No. 2020-018 (terminated on May 17, 2021);
and
WHEREAS, at its regular meeting on October 6, 2020, the City Council adopted
Emergency Ordinance No. 124, 2020, approving the Emergency Rules and Regulations that the
City Manager had issued as of that date, including updated Amended Emergency Regulation No.
2020-17A; and
WHEREAS, the declared local emergency and Emergency Rules and Regulations No.
2020-01 through 2020-018, except those expressly terminated an and expressly amended (the
"Existing Emergency Rules and Regulations") remain in full force and effect; and
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' I I
WHEREAS, since the Council's adoption of Emergency Ordinance No. 124, 2020, the
City Manager has issued Emergency Rule and Regulation No. 2021-01 (referred to as the "New
Emergency Rule and Regulation"), relating to resuming certain Utility customer billing practices
suspending under Emergency Regulation No. 2020-004 (subsequently terminated on July 2,
2020) and permitting customer payment plans for past due utility billings without payment of all
outstanding amounts as otherwise required by the City Code in light of the continued economic
emergency resulting from the pandemic; and
WHEREAS, Section 2-671(a)(6)(a) of the City Code provides that the emergency rules
and regulations must be confirmed at the earliest practical time by the City Council; and
WHEREAS, the Council has determined that the New Emergency Regulation (No. 2021-
01) described above is reasonably necessary to the protection of life, health, safety and property
of the residents of and visitors to Fort Collins; and
WHEREAS, approval of the New Emergency Rule and Regulation by ordinance will
ensure it is enforceable to the fullest extent of the law and express waiver and temporary partial
suspension of Section 26-713(e) of the City Code, and Council therefore wishes to approve the
New Emergency Rule and Regulation by the adoption of this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes the determinations and findings
contained in the recitals set forth above.
Section 2. That the City Council hereby finds that the City Manager's establishment
of the New Emergency Rule and Regulation attached hereto as Exhibit "A", and incorporated
herein by this reference, was necessary in the interest of protecting the life, health, safety and
property of the citizens of Fort Collins.
Section 3. That the City Council hereby confirms, ratifies and approves the New
Emergency Rule and Regulation as of the date of its establishment by the City Manager.
Section 4. That the City Council hereby expressly waives and temporarily suspends
the application of Section 26-713(e) of the City Code, to the extent necessary to effectuate the
provisions of the New Emergency Rule and Regulation through December 31, 2021.
Section 5. That the City Council hereby approves the recommencement of Utilities
customer billing practices described in the New Emergency Rule and Regulation (Emergency
Regulation No. 2021-001) as necessary and proper for the operation of the City's utilities,
consistent with the Article XII of the City Charter.
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Introduced, considered favorably on first reading, and ordered published this 1 st day of
June, A.D. 2021, and to be presented for final passage on e 15th of Tune, A.D. 2021.
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Passed and adopted on final reading on this 15th day of June, A.D. 01.
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ORDINANCE NO. 079, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING A SUPPLEMENTAL APPROPRIATION OF A PORTION OF THE CITY'S
AMERICAN RESCUE PLAN ACT FUNDING FOR LOCAL FISCAL RECOVERY
RELATED TO RESPONSE TO AND RECOVERY FROM THE COVID-19 PANDEMIC
WHEREAS, in response to the public health emergency resulting from the spread of the
Novel Coronavirus 2019 ("COVID-19"), the City Manager proclaimed a local emergency on
March 13, 2020, and City Council extended such proclamation with its adoption of Resolution
2020-030; and
WHEREAS, on March 11, 2020, President Joseph R. Biden signed the American Rescue
Plan Act into law ("ARPA"), which established the Coronavirus Local Fiscal Recovery Fund
intended to provide support to local governments in responding to the impact of COVID-19 on
their communities, residents, and businesses; and
WHEREAS, the U.S. Treasury Department has provided regulatory guidance on how
ARPA funds may be used, which includes: supporting public health expenditures; addressing
negative economic impacts; replacing lost public sector revenue; providing premium pay for
essential workers; and investing in water, sewer and broadband infrastructure; and
WHEREAS, the City will be allocated a total amount of$28,118,971, of which the City
has received fifty percent or $14,059,485.50, with the remaining fifty percent anticipated to be
available in May 2022; and
WHEREAS, City staff presented background information about the proposed use of these
funds to City Council at a work session on May 25, 2021, including the appropriation of
$4,217,846, which is fifteen percent of the total amount allocated to the City, to address current
needs of the community consistent with the requirements of ARPA and applicable federal
regulations and to support public health expenditures;address negative economic impacts; replace
lost public sector revenue; provide premium pay for essential workers; and invest in water, sewer
and broadband infrastructure; and
WHEREAS, City staff has identified some current needs consistent with U.S. Treasury
guidance to include financial support and expenditures for workforce development; business
support for disadvantaged businesses; business navigation programs; supportive assistance to
those experiencing homelessness;utility, mortgage and rental assistance to those who do not meet
the income qualification requirements for assistance from Neighbor to Neighbor or other available
programs, and response and recovery expenses of the City and others in the Fort Collins
community; and
WHEREAS,this appropriation benefits the public health,safety and welfare of the citizens
of Fort Collins and serves the public purpose of responding to the immediate and short-term
community health, social wellbeing, and economic needs arising from the negative impacts of the
COVID-19 public health emergency; and
WHEREAS, Article V, Section 9, of the City Charter permits the City Council, upon
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recommendation of the City Manager, 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 and all other funds to be received during the fiscal year;
and
WHEREAS, the City Manager has recommended the appropriation described herein and
determined that this appropriation is available and previously unappropriated from the General
Fund and will not cause the total amount appropriated in the General Fund to exceed the current
estimate of actual and anticipated revenues and all other funds to be received in that fund during
this fiscal year.
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 unanticipated grant revenue in the
General Fund the sum of FOUR MILLION TWO HUNDRED SEVENTEEN THOUSAND
EIGHT HUNDRED FORTY-SIX DOLLARS ($4,217,846) for expenditure from the General
Fund for supporting public health expenditures, addressing negative economic impacts, replace
lost public sector revenue, provide premium pay for essential workers and invest in water, sewer
and broadband infrastructure related to response to and recovery from the COVID-19 pandemic,
as described in this Ordinance.
Introduced, considered favorably on first reading, and ord9yed publish this 1 Sth day of
June, A.D. 2021, and to be presented for final passage on the 6t y of July A . 2021.
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Passed and adopted on final reading on the 6th day of July, A.D. 2 1.
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City Clerk
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Account#: FTC-003160
Ir'll FORT-COLLIE'S
' 0A_ N
Invoice Text
NOTICE IS HEREBY GIVEN that the Fort Collins City Counc
STATE OF COLORADO )
)ss:AFFIDAVIT OF PUBLICATION
COUNTY OF LARIMER)
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-Gity-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 issue of said newspaper on
06/20/21
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 ublishing 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
20th of June 2021.
Notary Public
Notary Expires
VICKY FEi_TY
Notary Public Legal No.0004786275
State of Wisconsin
Ad#:0004786275 Affidavit Prepared
P O: Ords Sunday,Juno 20,2021 2:49 am
This is not an invoice
#of Affidavits 1
w..✓ i�Q
NOTICE IS HEREBY GIVEN that The,
Fort-.Collins CLtY Council, on TriesdaY:'
June 2021 ":'gassed and adoPtOQ the'.
f6
klow!n9 ordinances' on first'reading
These ordinances will'.Lie Presented f0r
flnal':passaae`nn Tuesday July 6,2021
ORDINANCE N0,064,2021
OF THE,COUNCIL.OF'THE..CITY OF
FORT COLLINS
APPROPRIATING. PRIOR YEAR RE
SERVES FORA
MUNICIPAL. IMMIGRATION `.LEGAL
DEFENSE PILOT PROGRAM;
ORDINANCE'N0.074,2021,
OF THE.COUNCIL OF THE"CITY OF.
FORT COLUI NS
MAKING A:"SUPPLEMENTAL APPRO-
PRIATION OF A PORTION OF THE
CITY;.'S: AMERICAN .RESCUE. PLAN
ACT`'FUNDING FOR':'LOCAL-FISCAL,.
RECOVERY ;RELATED TO : 'RE
SPONSE TO"AND''RECOVERY FROM
THE(COVID-19 PAN.DPMIC ,
ORDINANCE.NO.(180,2021
OF THE COUNCIL.OF THE CITY Or-
FORT COLLINS
MAKING SUPPLEMENTAL APPRO-
PRIATIONS
FOR THE RESTORATIVE JUSTICE
SERVICES PROGRAM
ORDINANCE NO,081,2021
OF THE COUNCIL OF.. TH.E;;CITY, OF
FORT COLLINS
AMENDING, SECTION' 2-34 OF THE>
CODE OF.,;THE CITY Or...FORT
COLLINS
TO: DESIGNATE THE CITY"'S
WE6S1TE AS THE PROPER:PLACE"
FOR
POSTING OF CITY COUNCIL' MEET-
ING NOTICES'AND;AGENDAS.,
ORDINANCE:NO 082:2021
OF;THE•.COUNCIL„OF THE,'CITY O.F
FORT COLLINS
AMENDING:, CHAPTER 12 OF THE.
CODE 'OF'=.THE CITY. `'OF FORT
COLL[NS:.REGARDING SMOKING MA
TERIALS
ORDINANCE NO.083,2021
OF;THE,COUNCIL OF•THE'CITY OF
FORT'COLLINS
AUTHORIZING.: THE. CONVEYANCE
OF A WASTEWATER EASEMENT ON
LARIMER COUNTY _:LANDFILL.
PROPERTY''T0 LARIMER COUNTY
4
ORDINANCE NO U12021
OF.THE COUNCIL OF THE CITY•OF.3
FORT COLLINS". ' '
rAMEND:ING CHAPTER 24;:
OF THE CODE OF THE CITY`OF
FORT COLL`INS TO-ADOPT';THE UP
DATED 2021:LARIME'R COUNTY
URBAN .AREA STREET v,STARDA0DS
BY REFERENCE _
The full text of these,ordmonces can be%
found"at '}ittP:llfcstiV cOmlAutil[cnotices
'or.-bY calling the City Clerk""Offlce"at`
v.
- (970)=221-6515
0004749S24
Coloradoan
June 20.2021
Account#: FTC-003160
j FORT-COLLINS
W_ _
Invoice Text
0-)UJ 0A_ _NNOTICE IS HEREBY GIVEN that the Fort Collins City Couni
STATE OF COLORADO )
)ss:AFFIDAVIT OF PUBLICATION
COUNTY OF LARIMER)
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_n.ewspaper 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 issue of said newspaper on
07/11/21
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.
9
Legal Clerk
Subscribed and sworn to before me,within the County of Brown,State of Wisconsin this
1 Ith of July 2021.
_... -
Votary Public
Votary Expires
EVICKY FEL.TY
Notary public Legal No.0004813501
ate Of WiSconsin
Ad#:0004813501 Afiidavit Prepared
P O: NEWS SR Sunday,July 11,2021 2:48 am
This is not an invoice
#of Affidavits 1
ED;:<TO RESPONSE "TO.AND RECOV-
ERY'PROM'THE COVID-I9,PANDEM-
IC
ORDINANCE NO 080,2021
OFJHE COUNCIL OF THE,CITY OF..
FORT CbLt-1NS'MAKING 'SUPPLE "
MENTAL , APPROPRIATIONS FOIE
THE RESTORATIVE,JUSTICE SERV-.;
ICES.PROGRAM
ot~ C UNCII .OF THE OC'TY OF
PORT C INS AMENDING SECTION.
— 2-34 OF TH OF THE CITY,OF
21
NCE
NOTfCE .IS HERE(3Y G1VEN "that the FORT COLLINS GNATE THE
NO'
Fort Collins City=<COUnCrl=:on Tuesday GITY'S. Wf?BSITE AS R
July 6,�:2021, pgssed and adopted the,fof- PLACE FOR POSTING OF
lowing'ardinances.oh secorid'eead3hg.': COUNCIL MEETING NOTICES AND.,
AGENDAS :>
ORDINANCE NO,064,2021 ORDINANCE NO 082,2021
OF THE;COUNCIL OF THE CITY:OF '.
FORT ..COLLINS ,APPROPRIATING OF THE COUNCIL,OF:.THE.CITY.OF
PRIOR:YEAR RESERVES FOR A'MU FORT COLLINS ;AMENDING CHAP
NICIPAL- IMMfGRATION LEGAL'.DE-
TER 12 OF THE .CODE:OF'THE CITY'..
FENSE;FUND PILOT PROGRAM ` OF FORT - COLLINS ..REGARDING .
SMOKING MATERIALS
ORDINANCE NO,079,,202T
.OF THE,COUNCIL. OF THE CITY OF; ORDINANCE NO.0113,2021
FORT COLLINS..MAKING A SUPPLE OF THE COUNCIL OF THE CITY OF
MENTAL APPROPRIATION OF A FORT COLLINS AUTHORIZING THE
PORTION OF THE CITY'S AMERICAN CONVEYANCE OF A WASTEWATER
RESCUE PLAN ACT-FUNDING .FOR EASEMENT,:,ON,,LARIMER .;;COUNTY;:;';
LOCAL 'FISCAL RECOVERY RELAT- ? LANDFILL>PROPERT'Y TO LARIMER':'
COUNTY
ORDINANCE,HO 084,202i
.OF THE COUNCIL::`OF THECiTY OF.
FORT COLCLINS ".'AMENDING: 'CHAP_
TER 24 6F:,,THE CODE OF'THE:CITY
OF FORT`COLLINS.::TO"ADOPT THE
UPDATED 2021 LARIMER COUNTY
URBAN AREA.STREET STANDARDS
'
BY REFERENCE
The:full text of.these ordinances can tie';'
i
fau'nd at http:!lfcgov.comlPublitnot ces
or by calling the City.Cler `Off
ksice at
(970)221.6515:
0004813501
ColoCa4oan
J U 3"11 Y 2021';,