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HomeMy WebLinkAbout058 - 06/07/2022 - APPROPRIATING PRIOR YEAR RESERVES IN THE LIGHT & POWER FUND FOR PURCHASE OF DISTRIBUTION AND SUBSTATORDINANCE NO.058, 2022 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE LIGHT & POWER FUND FOR PURCHASE OF DISTRIBUTION AND SUBSTATION TRANSFORMERS WHEREAS, the budget needs for Electric Utility Distribution System infrastructure replacement projects requested in the 2022 Budgeting for Outcomes (BFO) process included all known capital projects at that time; and W1 iEREAS, recent changes in supply markets and increased load growth create a need for the Electric Utility to accelerate orders for replacement distribution and substation infrastructure; and WHEREAS, the current funding shortfall between the approved Electric Distribution System infrastructure replacement projects requested in the 2022 BFO process and currently identified needs is due to unanticipated load growth -related projects, escalating materials and construction costs, and significantly longer manufacturer order fulfillment lead times; and WHEREAS, this Ordinance appropriates $3,666,000 from the (Electric Utility Enterprise) Light & Power Fund reserves to be spent in the Electric Distribution System Replacement project to accelerate ordering of planned replacement distribution and substation transformers to address current and emerging market conditions that may compromise replacement schedules or delay planned expansion projects; and WHEREAS, this supplemental appropriation benefits the public health, safety and welfare of the residents of Fort Collins and benefits Electric Utility ratepayers by proactively ordering stock for use in completing scheduled and emerging replacement of high -use infrastructure and installation of new substation facilities in growth areas in order to maintain reliability and reduce outage frequency; and WHEREAS, Utilities staff believes proactively placing orders for such equipment earlier than initially planned will capture currently lower supply and construction costs than those anticipated in coming budget cycles and accommodate longer market order lead times, allowing Utility Services to receive such equipment by planned replacement or installation dates and maintain its high service standards; 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 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 0.5% of each utility's "budgeted operating revenue" (the "APP Ordinance"); and WHEREAS, contributions to art in public places for each utility are kept and spent in such utility's own enterprise fund, with the exception of maintenance, administration, repair and display costs pursuant to City Code Section 23-303; and WHEREAS, this supplemental appropriation does not require a contribution for art in public places under the APP Ordinance, as distribution and substation transformers are traditionally capitalized at the time of purchase as "operation and maintenance" expenses for Utility facilities, rather than when they are placed into service, even if they become components of capital projects; therefore, purchase of such equipment is exempt from the contribution requirements of the APP Ordinance; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon the recommendation of the City Manager, to make supplemental appropriations 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 WHEREAS, the Interim City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the Light & Power Fund and will not cause the total amount appropriated in the Light & Power Fund to exceed the current estimate of actual and anticipated revenues and all other funds to be received in this Fund during this fiscal year; and WHEREAS, Article V, Section I of the City Charter authorizes the City Council to designate in the ordinance when appropriating funds for a capital project, that such appropriation shall not lapse at the end of the fiscal year in which the appropriation is made, but continue until the completion of the capital project; and WHEREAS, the City Council wishes to designate the appropriation herein for the capital project consisting of the purchase of distribution and substation transformers as an appropriation that shall not lapse until the completion of the project. 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 prior year reserves in the Light & Power Fund the sum of THREE MILLION SIX HUNDRED SIXTY-SIX THOUSAND DOLLARS ($3,666,000) to be expended in the Light & Power Fund for the capital project consisting of the purchase of distribution and substation transformers. Section 3. That the appropriation herein for the capital project consisting of the purchase of distribution and substation transformers is hereby designated, as authorized in Article V, Section 11 of the City Charter, as an appropriation that shall not lapse at the end of this fiscal year but continue until the completion of the project. -2- Introduced, considered favorably on first reading, and ordered published this 17th day of May, A.D. 2022, and to be presented for final passage on the 7th day of June, A.D. 2022. May ATTEST: ` F oin a.� -= SEAL City Clerk ,ry �. Passed and adopted on final reading ATTEST: -UGC--_ � • Y�C� City Clerk, SEAL day of June, A.D. 2022. May� 4�dlt_ 52