HomeMy WebLinkAbout052 - 04/09/2001 - AUTHORIZING THE TRANSFER OF APPROPRIATIONS BETWEEN FUNDS AND APPROPRIATING PRIOR YEAR RESERVES FOR P EMERGENCY ORDINANCE NO. 52, 2001
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE TRANSFER OF APPROPRIATIONS
BETWEEN FUNDS AND APPROPRIATING PRIOR YEAR RESERVES
IN THE TRANSPORTATION FUND FOR PAYMENT TO THE DEVELOPER
OF THE MULBERRY/LEMAY CROSSINGS PROJECT
WHEREAS, on January 18, 2000, the City Council adopted Resolution 2000-21 directing
staff to move forward with the construction of a roundabout at the intersection of State Highway
14 (Mulberry Street) and Lemay Avenue; and
WHEREAS, to date, City Council has approved appropriations totaling $2,622,158.26 to
be used toward the roundabout as follows:
Colorado Department of Transportation - Congestion
Mitigation & Air Quality Funds (Ord. 152, 1999) $ 1,090,000.00
Street Oversizing Fund (Ord. 152, 1999) 205,721.00
Transportation Fund (Ord. 152, 1999) 80,000.00
Developer of the Mulberry/Lemay
Crossings Project (Ord. 112, 2000) 1,184,565.26
Storm Drainage (Ord. 138, 2000) 61,872.00
Total $ 2,622,158.26
WHEREAS, on February 6, 2001, the City Council adopted Resolution 2001-22,
reaffirming its decision to proceed with the roundabout, and directing the City Manager to
expeditiously proceed with the competitive sealed bidding process for the roundabout and to
identify additional funds to be used to pay the roundabout's revised construction cost estimate of
$3.85 million; and
WHEREAS, on February 22, 2001, bids were opened for the roundabout, and the lowest
such bid was approximately $900,000 over the City's construction cost estimate of$3.85 million;
and
WHEREAS, given the results of the competitive bidding process, the City Manager has
recommended that the City not proceed with the construction of the roundabout, and the City
Council agrees with this recommendation; and
WHEREAS, on June 22, 2000, the City entered into an agreement with Fort Collins
Partners 1, LLC, the developer of the Mulberry/Lemay Crossings PUD (the "Developer"), under
which the Developer paid to the City the sum of $1,184,565.26, which amount represented the
estimated cost of the conventional intersection improvements at the Mulberry/Lemay
intersection ($984,565.26) plus an additional amount of $200,000.00 to partially defray the cost
of a pedestrian bridge across the Poudre River; and
WHEREAS, in view of the escalating costs of the roundabout, the City has reached a
new agreement with the Developer to complete the conventional intersection improvements,
rather than the roundabout, at Mulberry Street and Lemay Avenue; and
WHEREAS, the cost of the conventional intersection improvements for Mulberry and
Lemay has also increased substantially as compared to the cost estimate that was used in
calculating the Developer's share of the construction costs of the roundabout; and
WHEREAS, the City has agreed to pay 40% of said cost increase, with the Developer to
pay 60% of the same; and
WHEREAS, the City' share of the aforementioned increase totals $278,174, and is
available from prior year reserves in the Transportation Fund; and
WHEREAS, the City needs to repay the Developer the amount previously paid into
escrow by the Developer for the construction of the roundabout ($984,565.26), plus interest
earned on said amount through April 8, 2001 ($32,294) and to also pay to the Developer the
above-referenced $278,174; and
WHEREAS, it is critical that the above-referenced conventional intersection
improvements be constructed as expeditiously as possible and concurrently with the completion
of the Mulberry/Lemay Crossings PUD because of the substantial traffic that is expected to
accompany the completion of said project; and
WHEREAS, Article V, Section 29 of the Charter of the City of Fort Collins (the
"Charter") requires that all city improvements are bonded and submitted to a competitive bidding
process resulting in award to the lowest responsible bidder of a competitive proposal process;
provided, however, that the Council may, by ordinance, authorize the Purchasing Agent to
exempt improvements from the competitive bidding and competitive proposal processes; and
WHEREAS, Section 8-161(b) of the City Code requires that any such emergency
purchases shall not exceed commercially reasonable prices; and
WHEREAS, the City Manager has determined that the City's share of the cost of the
conventional intersection improvements is commercially reasonable, given the complex nature
of the improvements and the need to expedite the completion of the same; and
WHEREAS, Article H, Section 6, of the Charter allows the City Council to pass an
emergency ordinance upon the affirmative vote of at least five members of the City Council; and
WHEREAS, Article V, Section 9, of the Charter permits the City Council to appropriate
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
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WHEREAS, Article V, Section 10, of the Charter authorizes the City Council to transfer
by ordinance any unexpended and unencumbered amount or portion thereof from one fund or
capital project to another fund or capital project, provided that the purpose for which the funds
were initially appropriated no longer exists.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City's Purchasing Agent is hereby authorized to exempt the
conventional intersection improvements to the Mulberry/Lemay intersection from the City's
competitive bidding and competitive proposal process in order to expedite said project and limit
any potential additional costs to the City and/or safety hazards at said intersection.
Section 2. That the unexpended appropriated amount, totaling NINE HUNDRED
EIGHTY-FOUR THOUSAND FIVE HUNDRED SIXTY-FIVE DOLLARS AND TWENTY-
SIX CENTS ($984,565.26) is hereby authorized for transfer from the State Highway 14 &
Lemay Avenue Intersection project in the Transportation Fund to the Service Area
Administration program in the Transportation Fund, and appropriated therein, to be used along
with existing appropriations in the Transportation Fund, in the amount of $32,294, to repay the
Developer its previously escrowed share of the costs of the proposed roundabout, with interest.
Section 3. That there is hereby appropriated from prior year reserves in the
Transportation Fund the sum of TWO HUNDRED SEVENTY-EIGHT THOUSAND ONE
HUNDRED SEVENTY-FOUR DOLLARS ($278,174) to be used to pay the Developer the
City's share of the increase in costs associated with the conventional intersection improvements
to be constructed at the intersection of Mulberry and Lemay Avenue.
Section 4. That the immediate adoption of this Ordinance is necessary to preserve,
protect, and advance the general welfare of the residents of the City of Fort Collins, and the
Council hereby determines that an emergency exists in order to minimize any further delay in the
construction of the conventional intersection improvements to be constructed at the intersection
of Mulberry and Lemay Avenue and to avoid any additional cost to the City that could result
from such delay.
Section 5. That the circumstances described above require the immediate passage of this
Ordinance, and this Ordinance is therefore enacted pursuant to Article H, Section 6, of the
Charter of the City of Fort Collins as an emergency ordinance and shall be effective upon its
passage.
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Introduced, considered favorably by seven (7) members of the Council of the City of Fort
Collins and finally passed as an Emergency Ordinance and ordered published this 9th day of
April, A.D. 2001. o`
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Mayor
ATTEST:
City Clerk
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