HomeMy WebLinkAbout056 - 05/01/2018 - APPROPRIATING PROCEEDS FROM THE ISSUANCE OF 2018 ELECTRIC UTILITY ENTERPRISE REVENUE BONDS FOR CAPIT ORDINANCE NO. 056,2018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PROCEEDS FROM THE ISSUANCE OF 2018 ELECTRIC UTILITY
ENTERPRISE REVENUE BONDS FOR CAPITAL, OPERATING, DEBT SERVICE AND
ART IN PUBLIC PLACES EXPENDITURES ASSOCIATED WITH THE CONSTRUCTION
OF A BROADBAND SYSTEM TO PROVIDE TELECOMMUNICATION FACILITIES AND
SERVICES TO CUSTOMERS WITHIN FORT COLLINS IN THE LIGHT AND POWER
FUND AND TRANSFERRING APPROPRIATIONS FROM THE LIGHT AND POWER,
FUND TO THE CULTURAL SERVICES AND FACILITIES FUND FOR THE ART IN
PUBLIC PLACES PROGRAM
WHEREAS, after final passage of Ordinance No. 003 of the Board of the City of Fort
Collins, Colorado, Electric Utility Enterprise (the "Enterprise Ordinance"), the Electric Utility
Enterprise (the "Enterprise") intends to issue its "City of Fort Collins, Colorado, Electric Utility
Enterprise,Tax-Exempt Revenue Bonds, Series 2018A"(the"2018A Bonds")and its"City of Fort
Collins,Colorado,Electric Utility Enterprise,Taxable Revenue Bonds, Series 201813"(the"2018B
Bonds" and, together with the 2018A Bonds, the "Bonds")
WHEREAS, as described in the Enterprise Ordinance,the Bonds are being issued and sold
to fund the construction of a municipal broadband system by the City's Electric Utility (the
"Electric Utility")to provide telecommunication facilities and services, including the transmission
of voice, data, graphics and video, to customers within the City, which facilities and services the
Electric Utility has not previously provided but is now authorized to provide pursuant to City
Charter Article XII, Section 7 and City Code Section 26-398 (the "Broadband System"); and
WHEREAS, the net proceeds from the sale of the Bonds are anticipated to be
$142,815,541, and of this amount, City staff is requesting that only $115,356,991 be appropriated
now from the Light and Power Fund to be used to fund the construction of the Broadband System,
including for all related capital,operating and debt service expenditures, leaving an unappropriated
balance of$27,458,550 to be appropriated for future operation and expansion costs relating to the
Broadband System and capitalized interest to bondholders; and
WHEREAS, in 1995, the City Council adopted Article XII of City Code Chapter 23 to
establish a program to acquire, exhibit and maintain art in public places to be funded by including
in the Council's appropriations for certain capital projects, including those of its utilities, an
amount equal to 1% of the construction costs for those projects, but this contribution amount for
the City's utilities is limited to a total annual contribution amount of .5% of each utility's
"budgeted operating revenue" (the "_APP Ordinance"); and
WHEREAS, contributions to art in public places for each utility will be kept and spent in
such Utility's own fund, with the exception of maintenance, administration, repair and display
costs pursuant to City Code Section 23-303; and
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WHEREAS,the Electric Utility's budgeted operating revenue for 2018 is $130.53 million,
but this amount does not include any budgeted revenues generated from the Broadband System
since the System will not be in operation in 2018, so this amount only includes revenues to be
generated from electric services provided in 2018 by the Electric Utility; and
WHEREAS, as currently written, the APP Ordinance therefore requires that this
appropriation include a 1%contribution for art in public places capped at the Electric Utility's
Light and Power Fund's annual limit of.5% of the $130.53 million budgeted operating revenues,
which is $652,650, and the Light and Power Fund has so far contributed $43,124 of this cap in
2018, so this leaves $609,526 available to be contributed for the Broadband System project under
the APP Ordinance; and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon
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,do not exceed the current estimate
of actual and anticipated revenues 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 Light and
Power Fund and will not cause the total amount appropriated in the Light and Power Fund to
exceed the current estimate of actual and anticipated revenues to be received in this Fund during
the fiscal year; and
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WHEREAS, the City Council finds and determines that the adoption of this Ordinance is
necessary for the public's health, safety and welfare d that it is in the best interests of the City,
the Electric Utility and the Electric Utility's ratepayer an's.
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 the Light and Power Fund
proceeds from the Bonds in the total amount of ONE HUNDRED FIFTEEN
MILLION THREE HUNDRED FIFTY-SIX THOUSAND NINE HUNDRED
NINETY-ONE DOLLARS ($115,356,991) to be used to fund the constructionof
the Broadband System,including for all related capital,operating,debt service and art-in-public-
places expenditures as follows;
Cost of Issuance $822,100
Interest on loan from General Fund 15,000
Backfill of forfeited subsidy to Light & Power 373,000
2018 Operating Expenses 1,800,000
2018 Capitalized Interest 3,129,117
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Capital Projects 108,608,249
Art in Public Places (Artwork) 479,430
Art in Public Places (transfer to Cultural Services for Maintenance& 130,096
Operations)
$115,356,991
Section 3. That the unexpended appropriated amount of ONE HUNDRED THIRTY
THOUSAND NINETY-SIX DOLLARS ($130,096) in the Light and Power Fund is authorized
for transfer to the Cultural Services and Facilities Fund. Appropriation of said funds in the
Cultural Services and Facilities Fund shall be contingent upon the completion of the review
process described in Section 4. Such funds shall be appropriated in the Cultural Services and
Facilities Fund for the Art in Public Places Program Maintenance and Operations.
Section 4. That the City Manager is directed to study whether the APP Ordinance
needs to be amended to address future Broadband System projects and to present any
recommended amendments to Council before the end of 2018. This should include
consideration of a contribution amount capped at .5% of the Broadband System's anticipated
annual operating revenues once the system is in 'full operation, which capped amount is
estimated to be from $125,000 to $150,000. The City Manager should also evaluate and
recommend to Council how to fund art-in-public places contributions for Broadband System
appropriations. It is Council's intent that some or all of the funds transferred by this Ordinance
to the Cultural Services and Facilities Fund shall be transferred to the Light and Power Fund as
appropriate and in accordance with the program amendments adopted by Council in follow up
to this review process.
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Introduced, considered favorably on first reading, and ordered published this 24th day
of April, A.D. 2018, and to be presented for final passage on the 1 st day of May, A.D. 2018.
ayor
ATTEST:
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SEAL
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Passed and adopted on final reading on the 1st day of M 018.
Mayor
ATTEST:
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