HomeMy WebLinkAbout100 - 09/06/2016 - APPROPRIATING PRIOR YEAR RESERVES IN THE STORM DRAINAGE FUND TO CONSTRUCT THE FORT COLLINS/TIMNATH BORDINANCE NO. 100, 2016
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE STORM DRAINAGE
FUND TO CONSTRUCT THE FORT COLLINS/TIMNATH BOXELDER
CREEK FLOOD MITIGATION PROJECTS AND TRANSFERRING
APPROPRIATIONS TO THE CULTURAL SERVICES AND FACILITIES
FUND FOR THE ART IN PUBLIC PLACES PROGRAM
WHEREAS, in 2009 the City and the Town of Timnath ("Timnath") entered into an
intergovernmental agreement("IGA") regarding certain stormwater and floodplain issues; and
WHEREAS, the IGA has been amended various times, including by a sixth amendment,
approved by Ordinance No. 047, 2014 ("Sixth Amendment'); and
WHEREAS, the Sixth Amendment identifies the scope and locations of the Boxelder
Creek Flood Mitigation Projects ("Projects"); and
WHEREAS, at that time of the Sixth Amendment, the cost of the Projects was estimated
to be $4,000,000, which amount Fort Collins and Timnath have agreed to share equally in order
to complete the Projects; and
WHEREAS, the Sixth Amendment anticipated that additional funds may be needed due
to the preliminary nature of the design and the timing of the Projects to be constructed in future
years; and
WHEREAS, the actual costs of the Projects has been greater than originally estimated
dues to a number of causes; and
WHEREAS, Fort Collins, as lead and provider of the engineering and project
management service for the Projects, must appropriate the funds in order to execute the contracts
for the Projects; and
WHEREAS, Timnath will provide reimbursement of shared costs after completion of the
Projects pursuant to the Sixth Amendment; and
WHEREAS, Fort Collins Utilities is requesting an appropriation of $979,700 from the
Storm Drainage Fund Reserves to cover increased costs of the Projects; and
WHEREAS, of the total $979,700 requested appropriation, $9,700 represents the amount
to be appropriated in the Art in Public Place ("APP") project for the Storm Drainage Fund, and
of that $9,700 amount, $2,134 (22%) will be transferred to the Cultural Services and Facilities
Fund for the maintenance of the artwork and operations of the APP program; 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
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available from reserves accumulated in prior years, notwithstanding that such reserves were not
previously appropriated; 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 (project) to another fund (project), provided that the purpose for which the
transferred funds are to be expended remains unchanged.
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 for expenditure from prior year reserves
in the Storm Drainage Fund the sum of NINE HUNDRED SEVENTY-NINE THOUSAND
SEVEN HUNDRED DOLLARS ($979,700) as follows:
Boxelder Creek Crossing of Prospect Road Project 970,000
Art in Public Places Project 9,700
TOTAL 979,700
Section 3.That the unexpended appropriated amount of TWO THOUSAND ONE
HUNDRED THIRTY-FOUR DOLLARS ($2,134) is authorized for transfer to the Art in Public
Places Projects from the Storm Drainage Fund 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 16th day of
August, A.D. 2016, and to be presented for final passage on the 6th'day of September, A.D.
2016.
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Mayor
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City Clerk
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Passed and adopted on final reading on the 6th day of September, A.D. 2016.
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City Clerk
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