HomeMy WebLinkAbout157 - 12/07/2021 - APPROPRIATING PRIOR YEAR RESERVES FROM THE GENERAL GOVERNMENT CAPITAL EXPANSION FEE ACCOUNT IN THE C ORDINANCE NO. 157, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES FROM THE GENERAL GOVERNMENT
CAPITAL EXPANSION FEE ACCOUNT IN THE CAPITAL EXPANSION FEE FUND
FOR THE PURCHASE OF THE CONDOMINIUMS IN THE
CIVIC CENTER PARKING STRUCTURE
WHEREAS, located at 144 North Mason in Fort Collins are eight condominium units built within
and located on the ground floor of the western face of the City's Civic Center Parking Structure
("Condominiums"); and
WHEREAS, the Condominiums are currently owned by Civic Center, LLC ("Civic Center
LLC"), but the City owns the real property on which the Condominiums sit (the"Property"); and
WHEREAS, the City is the lessor and Civic Center LLC is the lessee under a 1998 ground
lease that authorizes the Condominiums to be located on the Property for a term ending December
31, 2039 (the "Ground Lease"); and
WHEREAS, the Ground Lease provides that when the Ground Lease terminates at the end
of 2039, the City becomes the owner of the Condominiums without any payment obligation to
Post Modern; and
WHEREAS, Civic Center LLC wishes to convey the Condominiums to the City now and
agree with the City to the termination of the Ground Lease; and
WHEREAS, Civic Center LLC has obtained a formal appraisal of its ownership interests
in the Condominiums and the Ground Lease that appraises them as having a total fair market value
of$3.7 million; and
WHEREAS, Civic Center LLC has, however, agreed to convey the Condominiums to the
City and to the termination of the Ground Lease in return for the City paying Civic Center LLC
only $975, 000, and thereby making a charitable donation to the City for the difference between
the $3.7 million appraised value and the $975,000 payment; and
WHEREAS, Civic Center LLC and the City intend to enter into a Purchase and Sale
Agreement memorializing their agreement for this purchase, the termination of the Ground Lease
and the charitable donation (the "Purchase Agreement"), which transaction Civic Center LLC
needs to be completed by the end of this year for tax reasons; and
WHEREAS, the City's obligations under the Purchase Agreement to purchase the
Condominiums for $975,000 and agree to the termination of the Ground Lease, will be subject to
and contingent upon the City Council adopting this Ordinance on second reading and it becoming
law 10 days after such adoption, as provided in the City Charter; and
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WHEREAS, the purchase is proposed to be funded with this appropriation from the prior
year reserves in the City's general government capital expansion fee account in the capital
expansion fee fund ("General Government CEF Reserves"); and
WHEREAS, City Code Section 7.5-22(a) provides that General Government CEF
Reserves may be used for the acquisition of capital improvements to be used to provide general
government services if such improvements are identified in an applicable capital improvements
plan that is part of the City's Comprehensive Plan; and
WHEREAS,on November 16,2021,the City Council adopted Resolution 2021-105 which
adopted the 2021 Civic Center Master Plan as an amendment to the City's Downtown Plan, which
Downtown Plan is an element of the City's Comprehensive Plan (the"Civic Center Master Plan");
WHEREAS, the Civic Center Master Plan identifies the Condominiums as buildings to be
acquired by the City for use by it in the near future as offices to provide general government
services, thereby making the General Government CEF Reserves available for use to acquire the
Condominiums; and
WHEREAS, this appropriation benefits the public health, safety and welfare of the
residents of Fort Collins and serves the public purpose of facilitating the acquisition of City offices
to provide general government services; and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, 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
WHEREAS, the Interim City Manager has recommended the appropriation described
herein and determined this appropriation is available and previously unappropriated from the
General Government CEF Reserves.
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 General Government CEF
Reserves the sum of NINE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($975,000)
to be expended for the acquisition of the Condominiums as provided under the Purchase
Agreement.
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Introduced, considered favorably on first reading, and ordered published this 16th day of
November, A.D. 2021, and to be presented for final passage on the 7th day of December, A.D.
2021.
or
ATTEST:
• � 07thDecember,
Interim City ClerkPassed and adopted on final reading on th A.D. 2021.
M r
ATTEST:
SORT COS
Interim City Clerk
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CO L ORS'
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Account#: FTC-003160
FORT-COLLINS
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` Invoice Text
—� A� NOTICE IS HEREBY GIVEN that the Fort Collins City Courn
STATE OF COLORADO )
)ss:AFFIDAVIT OF PUBLICATION
COUNTY OF LARIMER )
CITY OF FC-CLERK-LEGALS
300 LAPORTE AVE
FORT COLLINS CO 80521
1,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that
the same is a daily newspaper'of general circulation and printed and published in the City of Fort
_ -Collins,-in-said-county and state;that the.notice or advertisement,of which the annexed is a true
copy,has been published in said daily newspaper and that the notice was published in the regular
and entire issue of every number of said newspaper during the period and time of publication of said
notice,and in the newspaper proper and not in a supplement thereof;that the publication of said
notice was contained in the issues of said newspaper dated on
12/12/21
that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the
period of at least six months next prior to the first publication of said notice or advertisement above
referred to; that said newspaper has been admitted to the United States mails as second-class matter
under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said
newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
Legal Clerk
Subscribed and sworn to before me,within the County of Brown,State of Wisconsin this
12th of December 2 02 1.
Notary Public
Notary Expires
FNotary
Y F E LTY Legal No.0005038963
Public
Ad#:0005038963 Wisconsin Affidavit Prep.ared
P 0 :Reading Ordinances adopted Sunday,December 12.20:3:34 am
This is not an invoice
#of Affidavits 1
NOTICE:' HSI EREBY GIVEN that the
Fort Collins City CounciIL 61 TvesdaY, '
Dece'' 7,2021Z:Aassed and admf&d
the€�, ing ordinances on second
ORQINANCE NO.152 2021
O.F7 HR,COUNCIL OF Th§E CITY Q
FffRT.COLLINS,,
APPROPRIATING PHiLANTHROPIC
REVENUE RCEIVED;BY CITY GAVE
FOf�:FOPT COLLINS POLICE SRVQ .
ICSS`TO PURCHASE PERSC.NAL
PROTECTIVE:EQUIPMENT FOP ALL
SWORN bFFICERS TO SHOW APPRE-
CIATION
FOR THEIR SACRIFICE AND SERV-
ICE
ORDINANCE N0.153 2021,
OF THE COUNCIL OF THE CITY OF
FORT.COI.LINS
APPROPRIATING PHILANTHROPIC
.REVENUE RECEIVED'BY CITY GIVE
FOR:PARK PLANNING ANQ DEVEL
OPMENT;FOR
THE 9AI MEMPOARRI AL AT SPRING
ORDINANCE NO:..Is5q,2621
COUiVCIL OF 7 i[ ITk^YT ��F
FORT COLLIhTS
APPROPRIATING PHI�'f�,NTI'fI op. C
REVENUE RECEIVED BY CITY GIVE
"3 FOR FC MOVES FOR THE SAFE
ROUTES TO SCHOOL
6k6iNIANCE:NO.155,2621:'
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
MATING SUPPLEMENTAL APPRO
FTtI TI41N5>APP.RO(sRIAT.FNS� '
PRIG Y1EA1a+:RESERVES,AND AZ_3
-n-IaRIZING"TRANSFERS OF'APPRO-
"PRIATIONS FOR THE LAPORTE
AVENUE MULTIMODAL IMPROVE-
MENT PROJECT
AND.RELATERART IN PUBLIC PLA-
CES
ORDINANCE'NO:'156,2021
OF THE'COUNCIL OF THE CITY OF
FORT COLLINS
N44KY�IG'SUPPLEMENTAL APPRO-
PRIATiONS AND APPROPRIATING
PRIOR YEAR RESERVES TO PUR-
CHQ¢ E FIGHT ELECTRIC BUSES
AN0'ASSOC IAT E D'C HA RGI N G
EQUIPMENT
ORDMANCE NO:157,2021
Ot �t.HE COUNCIL OF THE CITY OF
FORT COLL€NS
APPROPRIATING PRIOR YEAR RE-
SERVES FROM THE.GENERAL
GOVERNMENT CAPITAL EXPAN-
SION F`EE"'ACCOUNT IN THE CAPE
TAL-EXPANSION FEE FUND
FORTHE`P.URCHASE OF THE CON
DOMINIUMS IN THE
CIVIC CENTER PARKING STRUC-
TURE ...
O}2DINANCE NO.158,2021
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING SECTION 2-146OF THE,
:CODE OF.,THE:CITY OF:PORT
COLLINS.
R RD.ING-THE HUMAN SERVICES
t301JSING FUNDING BOARD
OF'THE C06NCIL OF THE CITY OF
FORT COLLINS
A NG CONVEYANCE OF NO
T4+ E5 OF.ENVIRONMENTAL USE
RESTf �CTfONS TO THE COLORADO
;DEPARTME14T:OF,'PUBLIC`.HEALTH
A3lp ENVIRONMENT ON.PORTIONS
OF.GATHY FROMME.PRAIRIE
NATURAL;AREA IN CONNECTION
WITH'REMEDIATION OF
CiRflU1yDV4fA,TER CONTAMINATION
FROM THE,LARIMER COUNTY
LANDFILL
ORDINANCE'No.160,2021
OF THE COUNCIL OF THE CITY OF
FbRt COLL-INS APPROVING A CON-
TRACT TERM OF UP TO TEN YEARS
F,..OT, B IIT' ERFLYHOUSEOPERA-
TI'ONS,BY.ROCKY MOUNTAIN BUT
TERFLYCONSORTIUM,DBA BUT-
..,.t5RFLY.PAVILION
ORDINANCE NO.161,2021
OP HE COUNCIL OF THE.CITY OF
IR a" OPT:COLLINSl
AMENIJI,FSGORDINANCE NO.097,
21 ESTABLISHING THE
P$3fvTi,OLLINS,TOURISM IMPROVE-
MENT DISTRICT
Th 'Tu(C text.o these`ordinanceS can be
four3d at:Iif ij/fcgov.com/pu3 IImotices '
or,I>y calling the City Clerk's Office at
970i22Lb5I5:
0005038963,.,-
'�:Colorodiadn_;=
Deceml3er.12.,2021
Account#: 1+TC-003160
J FORT-COLLINS
0I Invoice Text
— NOTICE, 1S HEREBY GIVEN that the Fort Collins City Count
STATE OF COLORADO )
)ss:AFFIDAVIT OF PUBLICATION
COUNTY OF LARIMER )
CITY OF FC-CLERK-LEGALS
300 LAPORTE AVE
FORT COLLINS CO 80521
1, being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that
the same is a daily newspaper of general circulation and printed and published in the City of Fort
Collins,-in said countyand state;-that-the notice or advertisement,ofwhich'the amlexcd is a-true
copy,has been published in said daily newspaper and that the notice was published in the regular
and entire issue of every number of said newspaper during the period and time of publication of said
notice,and in the newspaper proper and not in a supplement thereof;that the publication of said
notice was contained in the issues of said newspaper dated on
11/21/21
that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the
period of at least six months next prior to the first publication of said notice or advertisement above
referred to; that said newspaper has been admitted to the United States mails as second-class matter
under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said
newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
R
Legal Clerk
Subscribed and sworn to before tne,within the County of Brown,State of Wisconsin this
21 st of November 202I.
Notary Public
Notary Expires
FNotary
KY F E i_TY Legal No.0005009628
PLiblic
of Wisconsin
Ad#:0005009628 .,,�,.,,, � Affidavit Prepared
P O : Sunday,Novcrnber 21,20 3:35 ain
This is not an invoice
#of Affidavits 1
CEIVED BY.'CITY 'GIVE FOR FC ORDINANCE NO 161i2g21
MOVES FOR;.TIiE SAFE ROUTES TO •OF'THE;.COUNCIL OF':THE, CITY OF
:SCHOOL::. FORT-i.COLLINS. AMENDING ORD[-
ORDINANCE NO 1'S5 2027.,1 NANCE-'NO '097,2021, ESTABLISHING .,
THE FORT:.COLLINS TOURISM.IM
OF THE"-COU.NCIL OF1.THE CITY OF, ,PROVEMENT'DISTRICT
FORT =COLL€NS;`MAKING ;SUPPLE .
MENTAL APPROPRIATIONS, :APPRO The fUEE text of these ordinances can be,
PRIATING PRIOR .YEAk RESERVES; found.at: `.
AND.:AUTHORIZING„TRANSFERS OF" ',or by,calling the;City Clerks Office).,at.
`;
APPROPRIATIONS -FOR;.THES:LA= '970.2216515
PORTE;AVENUE.MULTI MODAL' IM ' 0005009626::
PROVEMENT PROJECT';AND RELAT 'Coloradoan.'
ED,ART IN PUBLIC PLACES.. Nov.21,2021.'. ..
ORDINANCE N0.756;2021.
OP".TH.E„COUNCIL OF,tTHE CITY-OF.S':
FORT.;:.COLLINS >MAKING. 'SUPP.LE=0.
MENTAL AP P..ROP RIATIONS rAND AP-:i:
P.ROPR.IATING. :PRIORr YEAR': RE-
SERVES. TO :PURCHASE "EIGHT
ELECTR€C':BUSES AND:;'AskdATED s<
CHARGING EQUIPMENT:.:'::'
ORDINANCE NO.157,2021
OF THE COUNCIL OF'THE CITY OF
FORT COLLINS, APPROPRIATING
PRIOR YEAR RESERVES FROM THE
GENERAL GOVERNMENT CAPITAL
EXPANSION FEE ACCOUNT IN THE
CAPITAL EXPANSION FEE FUND
FOR THE PURCHASE OF THE.CON
DOM.INIUMS,IN' THE CEVIC CENTER
NOTICE IS R, HEEBY GIVEW'that the' PARKING STRUCTURE,-
Fort Collins .C€tV.Council on'..Tuesday,
November 16f;:2021, passed and'"adopted: ORDINANCE NO.158,2021' '
the. following ordinances on first' OF THE COUNCIL OF THE CITY OF 1
reading. These`ordinances.will.be Are- FORT COLLINS AMENpING`SECTION>
sensed for fingl.Passage,on Tuesdays De 27146'OF THE CODE OF.;THE'.CITY OF
camber 7,2D21: FORT :COLLINS :RECyARDING.IzThlEii
HUMAN SERVICES .,:AND :HOUSING
ORDINANCE`NO:152,.2021 a.:+FUNDING'BOARD
OF THE COUNCIL OF:THE CITY OF
FORT COLLINS APPROPRIATING ORDINANCE NO: 59 2021
PHILANTHROPIC "REVENUE RE- OF THE COUNCIL OF THE'CITY OF:
CEIVED BY CITY GIVE FOR FORT FORT COLL€NSF AUTHORIZING.CON....
-. COLLINS POLICE SERVICES TO PUR- VEYANCE -pFi`NOTICES' OF:,':ENVI-
CHASE PERSONAL PROTECTIVE RONMENTAL USE;,RESTRICTIONS-TOi
EQUIPMENT:.FOR,ALL SWORN'OFFI-. THE.:COLORADO ;DEPARTMENT OF.:
`CERS TO SHOW APPRECIATION FOR.
'PUBLIC HEALTH AND ,,ENVIRON-:
THEIR SACRIFICE AND SERVICE MENT . ON. ;:PORTIONS' OF CATHY:.
F ROMME.,PRAIRIE;'.NATURAL':AREA
ORDINANCE NO,153,2021 'IN..CONNECTION :WITH ;'REMEDIA
OF THE.COUNCIL'OF;THE CITY :OF:: TION:OF'.GROUNDWATER CONTAMI
':FORT "COLLINS APPROPRIATING;< NATION FROM'THE LARIMER.COUN-
PHILANTHROPIC : REVENUE RE TY LANDFILL,
CEIVED :BY CITY.GIVE_FOR PARK
PLANNING AND:.: DEVELOPMENT' ORDINANCE NO.'160,2021
FOR THE 9/11 MEMORIAL AT SPRING . OF THE COUNCIL OF THE'CITY OF
PARK FORT:'COLLINS'7,APPROVING. A?:CON-
TRACT TERM"OF UP TO TEN:YEARS
ORDINANCE NO.154,20M FOR BUTTERFLY 'HOUSE OPERA-
OF THE COUNCIL OF THE CITY OF . TIONS BY"-ROCKY `MOUNTAIN 'BUT-
FORT COLLINS APPROPRIATING` TERFLY "CONSORTIUM; OBA. BUT=:
PHILANTHROPIC REVENUE RE TERFLY'PAVILION