HomeMy WebLinkAbout013 - 01/19/2021 - SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS PROPOSED AMENDMENTS TO S ORDINANCE NO. 013, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT
COLLINS PROPOSED AMENDMENTS TO SECTIONS 9 AND 11 OF ARTICLE V OF THE
CITY CHARTER CONCERNING SUPPLEMENTAL AND
NON-LAPSING APPROPRIATIONS
WHEREAS, Article IV, Section 8 of the Charter of the City of Fort Collins ("Charter")
provides that the Charter may be amended as provided by the laws of the State of Colorado; and
WHEREAS, Section 31-2-210(1)(b) of the Colorado Revised Statutes provides that
amendments to the Charter may be initiated by the adoption of an ordinance by the City Council
submitting a proposed amendment to a vote of the registered electors of the City of Fort Collins
and that such ordinance must also adopt a ballot title for the proposed amendment; and
WHEREAS, Article V, Section 9 of the Charter ("Section 9") currently allows the City
Council to make supplemental appropriations at any time during the fiscal year provided such
appropriations, in combination with all previous fiscal years, shall not exceed the then current
estimate of actual and anticipated "revenues" to be received by the City during that fiscal year;
and
WHEREAS, a 2018 court case not involving the City, suggests that while "revenues"
includes income a governmental entity receives, such as taxes, it may not include other funds a
governmental entity receives such as loan proceeds, grants and donations, thereby calling into
question whether the City Council can make supplemental appropriations from these other funds
that may not be considered"revenues"; and
WHEREAS,this proposed amendment to Section 9 would clarify that the City Council can
make supplemental appropriations from not just "revenues," but from "all other funds" the City
receives during a fiscal year; and
WHEREAS,Article V, Section 11 of the Charter("Section I l")currently provides that all
City Council appropriations for capital projects and for federal and state grants are to be considered
non-lapsing appropriations, unlike all other City Council appropriations which are considered as
having lapsed at the end of each fiscal year to the extent not expended or encumbered; and
WHEREAS, in recent years the City has been receiving more and more private grants and
donations for which it would be helpful in some circumstances if the appropriation of these grants
and donations could be designated as non-lapsing appropriations; and
WHEREAS, there are also some circumstances where it would be desirable if the
appropriation of certain capital projects and federal and state grants could be designated as lapsing
appropriations rather than non-lapsing, but under the current wording of Section 11, such
appropriations are required to be non-lapsing; and
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WHEREAS, this proposed amendment to Section 11 is to allow the City Council to
designate as non-lapsing appropriations for private grants and donations and to have the discretion
to decide on a case-by-case basis whether to designate as non-lapsing appropriations for capital
projects and for federal, state and private grants and donations.
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 the following proposed changes to Section 9 and 11 of Article V of the
City Charter shall be submitted to the registered electors of the City as "Proposed Charter
Amendment No. 3"at the regular municipal election to be held on Tuesday, April 6, 2021:
ARTICLE V.
FINANCE ADMINISTRATION
Section 9.—Supplemental appropriations.
The Council, upon recommendation of the City Manager, may make supplemental
appropriations by ordinance at any time during the fiscal year; provided, however, that the
total amount of such supplemental appropriations, in combination with all previous
appropriations for that fiscal year, shall not exceed the then current estimate of actual and
anticipated revenues and all other funds to be received by the city during the fiscal year.
This provision shall not prevent the Council from appropriating 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.
Section 11.—Lapsed appropriations
All appropriations unexpended or unencumbered at the end of the fiscal year shall lapse to
the applicable general or special fund, except the Council may designate in an ordinance
appropriating funds for capital projects and for federal, state and private grants and
donations that such funds shall not lapse until the completion of the capital project or until
the earlier of the expiration of the federal, state or private grant or donation or the city's
expenditure of all funds received from such grant or donation.
Nothing herein shall limit the ability of the Council to terminate a capital project or a
federal, state or private grant or donation at any time prior to completion of the project or
prior to expiration of or the city's expenditure of all funds from the grant or donation.
Section 3. That the following ballot title and submission clause are hereby adopted for
submitting Proposed Charter Amendment No. 3 to the voters at said election:
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CITY-INITIATED PROPOSED CHARTER AMENDMENT NO. 3 AMENDING
SECTIONS 9 AND 11 OF CHARTER ARTICLE V CONCERNING CITY COUNCIL
APPROPRIATIONS
Shall Sections 9 and 11 of Article V of the City of Fort Collins Charter be amended to
provide that City Council may make supplemental appropriations from not only the City's
actual and expected revenues in a fiscal year, but also from all other sources of funds the
City receives or expects to receive during the fiscal year, and to provide that the City
Council may designate by ordinance as non-lapsing its annual and supplemental
appropriations for capital projects and for federal, state and private grants and donations
until the completion of the capital project or until the earlier of the expiration of the federal,
state or private grant or donation or the city's expenditure of all funds received from such
grant or donation, but without limiting the City Council's ability to terminate earlier any
such capital project or federal, state or private grant or donation?
Yes/For
No/Against
Introduced, considered favorably on first reading, and ordered published this 5th day of
January, A.D. 2021, and to be presented for final passage on the 19th day of January, A.D. 2021.
ayor
ATTEST: Fogr�o
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City CJ0kLoPpo
Passed and adopted on final reading 7:or
January, A.D. 2021.
ATTEST:
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