HomeMy WebLinkAbout118 - 10/05/2021 - MAKING SUPPLEMENTAL APPROPRIATIONS, APPROPRIATING PRIOR YEAR RESERVES, AND AUTHORIZING TRANSFERS OF ORDINANCE NO. 118, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS, APPROPRIATING PRIOR YEAR
RESERVES, AND AUTHORIZING TRANSFERS OF APPROPRIATIONS FOR THE
SIPHON OVERPASS PROJECT AND RELATED ART IN PUBLIC PLACES
WHEREAS, the Power Trail is a recreational and commuter bike trail that runs north to
south and parallel to the Union Pacific Railroad tracks through the City of Fort Collins,connecting
to the Spring Creek Trail at its north end and to the Larimer County and City of Loveland trail
networks at its south end; and
WHEREAS, because of its proximity to the railroad tracks, access to the Power Trail from
the east is limited to where roadways cross the tracks and, between Harmony Road and Trilby
Road, there is a two-mile section of the Power Trail with no access from east of the tracks; and
WHEREAS, there is significant demand for access to this section of the Power Trail
because of nearby residential neighborhoods, schools, and businesses and, with planned future
residential development east of the railroad tracks and south of the Mail Creek Ditch,it is expected
that demand for access to the Power Trail will increase significantly; and
WHEREAS, there also is evidence of people crossing the railroad tracks in unauthorized
locations to access the Power Trail; and
WHEREAS, the City was awarded a grant in the amount of$500,000 (the "Grant") by the
North Front Range Metropolitan Planning Organization in the form of State of Colorado
Multimodal Options Funds ("MMOF") for the design and construction of the Siphon Overpass
Project(the"Project"),consisting of a trail bridge over the railroad tracks and a trail connection to
Timberline Road, roughly halfway between Harmony Road and Trilby Road; and
WHEREAS,the planned trail connection for this Project will follow the south bank of the
Mail Creek Ditch and the north edge of two planned residential developments to provide access to
the Power Trail from the east, eliminating the need for trail users to travel north to Harmony or
south to Trilby and reducing the likelihood of unsafe and unauthorized crossing of the railroad
tracks by pedestrians; and
WHEREAS,the MMOF grant funds for the Project are to be administered by the Colorado
Department of Transportation ("CDOT"') with project delivery oversight pursuant to an
Intergovernmental Agreement ("IGA") with CDOT that requires the City to provide matching
funds of$500,000; and
WHEREAS, Transportation Capital Expansion Fee ("TCEF") Fund reserves will be used
to satisfy the local match portion of the IGA; and
WHEREAS, $850,000 of Conservation Trust Funds previously appropriated through the
2019-2020 Budgeting for Outcomes process will help further support the design and construction
of this Project; and
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WHEREAS, the purpose of this Ordinance is to enable the City to receive and expend the
Grant funds,to appropriate those funds and Transportation Capital Expansion Fee ("TCEF")Fund
reserves for the Project, and to appropriate Transportation Services Fund reserves to satisfy the
City's Art in Public Places ("APP") program contribution requirements; and
WHEREAS, this appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of improving pedestrian infrastructure
within the City; and
WHEREAS, this Project involves construction estimated to cost more than $250,000, as
such, Section 23-304 of the City Code requires one percent of these qualified appropriations to be
transferred to the Cultural Services and Facilities Fund for a contribution to the APP program; and
WHEREAS,previously appropriated Conservation Trust Funds already have satisfied the
required contribution to public art; however, a portion of the Project funds is ineligible for public
art purposes, as Section 23-304 of the City Code otherwise requires, due to restriction on the use
of the funds; and
WHEREAS,as defined in the IGA,the MMOF grant funds are not eligible for use toward
public art; however,the local matching funds are eligible and,as such,the total APP contribution
to be appropriated with this action and transferred to the Cultural Services and Facilities Fund is
$5,050, consisting of$3,939 of TCEF Fund reserves and$1,111 of Transportation Services Fund
reserves; and
WHEREAS, the Transportation Services Fund reserves are needed to satisfy the
Operations and Maintenance ("O&M") portion (22%) of the APP contribution, as TCEF funds
are restricted and cannot be utilized for O&M; however, TCEF funds are permitted for use to
satisfy the remaining portion (78%) of the APP contribution; 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, does not exceed the current
estimate of actual and anticipated revenues and all other funds to be received during the fiscal year;
and
WHEREAS, the Interim City Manager has recommended the appropriation described
herein and determined that this appropriation is available and previously unappropriated from the
Capital Projects Fund and will not cause the total amount appropriated in the Capital Projects Fund
to exceed the current estimate of actual and anticipated revenues and all other funds to be received
in that Fund during this fiscal year; 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
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WHEREAS, the Interim City Manager has recommended the appropriation described
herein and determined that these appropriations are available and previously unappropriated from
the Transportation Capital Expansion Fee Fund and the Transportation Services Fund, as
applicable, and will not cause the total amount appropriated in the Transportation Capital
Expansion Fee Fund or the Transportation Services Fund, as applicable, to exceed the current
estimate of actual and anticipated revenues and all other funds to be received in these Funds during
this fiscal year; and
WHEREAS, Article V, Section 10 of the City Charter authorizes the City Council, upon
recommendation by the City Manager, to transfer by ordinance any unexpended and
unencumbered appropriated amount or portion thereof from one fund or capital project to another
fund or capital project,provided that the purpose for which the transferred funds are to be expended
remains unchanged, the purpose for which the funds were initially appropriated no longer exists,
or the proposed transfer is from a fund or capital project in which the amount appropriated exceeds
the amount needed to accomplish the purpose specified in the appropriation ordinance; and
WHEREAS, the Interim City Manager has recommended the transfer of$850,000 from
the Conservation Trust Fund to the Capital Projects Fund and determined that the purpose for
which the transferred funds are to be expended remains unchanged; and
WHEREAS, the Interim City Manager has recommended the transfer of$5,050 from the
Capital Projects Fund to the Cultural Services& Facilities Fund and determined that the purpose
for which the transferred funds are to be expended remains unchanged.
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 unanticipated grant revenue in the
Capital Projects Fund the sum of FIVE HUNDRED THOUSAND DOLLARS ($500,000) for
expenditure from the Capital Projects Fund for the Siphon Overpass Project.
Section 3. That there is hereby appropriated from prior year reserves in the
Transportation Capital Expansion Fee Fund the sum of FIVE HUNDRED THREE THOUSAND
NINE HUNDRED THIRTY-NINE DOLLARS ($503,939) for expenditure from the
Transportation Capital Expansion Fee Fund for transfer to the Capital Projects Fund for the Siphon
Overpass Project and appropriated therein.
Section 4. That there is hereby appropriated from prior year reserves in the
Transportation Services Fund the sum of ONE THOUSAND ONE HUNDRED ELEVEN
DOLLARS ($1,111) for expenditure from the Transportation Services Fund for transfer to the
Capital Projects Fund for the Siphon Overpass Project and appropriated therein.
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Section 5. That the unexpended and unencumbered appropriated amount of EIGHT
HUNDRED FIFTY THOUSAND DOLLARS ($850,000) is authorized for transfer from the Mail
Creek/Siphon Overpass Project in the Conservation Trust Fund to the Siphon Overpass Project in
the Capital Projects Fund and appropriated therein.
Section 6. That the unexpended and unencumbered appropriated amount of THREE
THOUSAND NINE HUNDRED THIRTY-NINE DOLLARS ($3,939) in the Capital Projects
Fund is hereby authorized for transfer to the Cultural Services and Facilities Fund and appropriated
therein for the Art in Public Places Program art projects.
Section 7. That the unexpended and unencumbered appropriated amount of ONE
THOUSAND TEN DOLLARS ($1,010) in the Capital Projects Fund is authorized for transfer to
the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places
Program operation costs.
Section 8. That the unexpended and unencumbered appropriated amount of ONE
HUNDRED ONE DOLLARS ($101) in the Capital Projects Fund is authorized for transfer to the
Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program
maintenance costs.
Introduced, considered favorably on first reading, and ordered published this 21 st day of
September,A.D. 2021,and to be presented for final passage on the 5th d of Octo 6V ber, A.D. 2421.
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ATTEST:
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Interim City Clerk .•'
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Passed and adopted on final reading on the 5th a October, A.D 021.
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ATTEST:
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Interim City Clerk
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Account#: FTC-003160
J FORT-COLLINS
J ' ' Invoice Text
�� NOTICE IS 1-1EREBY GIVEN that the Fort Collins City Couni
STATE OF COLORADO )
)ss:AFFIDAVIT OF PUBLICATION
COUNTY OF LAR1M1 R )
CITY OF FC-CLERK-LEGALS
300 LAPORTE AVE
FORT COLLINS CO 80521
1,being duly sworn,deposes and says that said is the legal cleric 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,.i.n_said-county_and-stato;.thtit_the...n.c�Iicc 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(lie newspaper proper and not in a supplement thereof,that the publication of said
notice was contained in the issues of said newspaper dated on
09/26/21
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 Cleric
Subscribed and sworn to before me,within the County of Brown,State of Wisconsin this
26th of September 2021.
f
Notary Public
Notary Expires
=otaryPubkc
Legal No.0004925687
Ad#:0004925687 Affidavit Prepared
P O: Suoday,September 26,20 3:35 am
This is not an invoice
#of Affidavits 1
PRIA7tON 4F GRANT FUNDS TSO
.APPLY.'TOWARDTHE PURCHASE.OF
AN ELECTRIC STREE`KSWEEPER
ANDCHARGINGSTATION c
ORDINANCE NO 117,2421 "
OF THE.COUNCIL'OF THE CFTY OF
"FORT'`COLLINS'MA.KINGSUPPLE-;
MENTAL APPROPRIATIONS FOR -r'
THE DEBT SERVICE PAYMENT FOR
THEw'NORTHERN:COLORADO.DRUG-
TASKTORCE FACILITY
ORDINANCE NO 118 2021 >'
OPTHE COUNCIL OF'THE CITY OF
FORT COLLI NS
MAKING SUPPLEMENTAL APPRO-
PRIAT:IONS APPROPRIATING
PRIOR YEAR,RESERVES;AND AU-.'
THORIZING.TRANSFERS.:OF APPRO-
PRIATIONS FOR THE S[P.HON'OVER-
PASS PROJECT AND:RELATEDART
IN PUBLIC PLACES
ORDINANCE NO.119,2021
OF THE COUNCIL OF THE CITY OF
,�FSDRTSCO.LLlNS
AMENDING CHAPTER 26OF THE, '4
CODE:OF THE'CITY OF,'FORT
COLLIN&<
TO MAKE VARIOUS CHANGES TO
THE REQUIREMENTSAND
FEES FOR WATER,SERVICE
ORDINANCE NO.120 2021'``
OF THE COUNCIL;OF THE.617Y..OF.
FORTCOLLINS
:'MAKING VARIOUS AMEOMENTSj'
TO THE CITY OF FORT'COLLINS
LAND USF,=DE,.R£GARDING,LAND-
SCAPE=WATER:USE
The following ordinances will be pre-<<,,
sented'for:,final:passage on,TuesdaY,Oc-..
tober 19,'2021
NOTICE ES HEREBY GIVEN that.the ORDINANCE 1\16-122;2021
Fort Collins City Count[l,on Tuesday, Op THE COUNCIL;OF THE CITY OF.
Septerhber.21,2021,passed and adopted... FDRT'COLLlNS
tWfollowing ordinances"on first pESIGNATING,CERTAIN ACTIVITIES
reading, Thesa.ordinances will be pre AS MATTERS OF,STATE.INTEREST .
'seated for final passage on Tuesday Oc AND,IlNPOS1NG'A MORATORIUM ON
tober 5,2021 - THE CONDUCT"OF SUCH'ACTIVITIES
ORDINANCE NO 113;2021 'UNTIL'CITYCOUNCIL,MAKE5''A F1-
OF-THE:GOUNCILOF-.THE CITY OF. NAL DETERMINATION REGARDING
FORT COLLINS, - THE ADOPTION.OF GUIDELINES
MAKING.SUPPLEMENTAL APPRO FOR TliE ADMINISTRATIQN OF
PRIATIONS IN: SUCH ACTIVITIES
AND AUTHORIZING TRANSFERS OF ORDINANCE N I O 2421
APPROPRIATIONS FROM.VARIOUS COUNCIL OF THE;CITY.OF
APPROPRIATIONS
FORT;:COLLINS
APPROPRIATING PRIOR`,YEAR RE-
ORDINANCE NO 714 2021 .SERVES TO
SUPPORT COMPLETION OF. HE 7041
OF THE COUNCIL OF THE CITY OF REGULATIONS PROJECT
FORT COLLINS:
APPROPRIATING PRIOR YEAR RE The full text of fihese ordinances can be
"'VARIOUS`CITY'FUNDS''-SERVES IN #ound at[http.Ilfov comll?ubiknatices ORDINANCE;NO.115,:2021 970 221ds515.
OF THE'COU_NC[L OF THE CITY OF 0004925687
FORTrCOLLINS Colorpdaan '
APPROPRIATING PRIOR YEAR RE 5ept 25,2021
SERVES AND MAKING:SUPPLElAEN
TAL APPROPRIATIONS;IN THE:.
NATURAL AREAS FUND'FOR BO.6
CAT RIDGE'NATURAL'AREA DUMP
CLEAN-UP'NO�1 INCLUO W.IN,T--H£
2021 ADDPTEOCITY BUDGET '
ORDINANCE NO 116 2621
OF THE COUNCIL OF THE CETY.'OF
FORT COLLINS
MAKING A;SUPP[EMENTAL APPRO-
Account#: FTC-003160
FORT-COLLINS
OInvoice Text
r-,- -
A NOTICE IS HEREBY GIVEN that the Fort Collins City Court,
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,ofwheh the annexed is a trite
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 pUbhcatlon of said
notice was contained in the issues of said newspaper dated on
10/10/21
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 orthe laws of the State of Colorado.
Legal Clerk
Subscribed and sworn to before me,within the County of Brown,State ofWisconsin this
1 Oth of October 2021.
Notary Public
NnrarY rxpires
VICKY FELTY
Notary public Legal No.0004946287
State of Wisconsin
Ad#:0004946287 'krn lavii Preparm
P O: 10/5 SR Sanday.October 10.2021 3:';am
This is not an invoice
#of Affidavits 1
NOTICE''IS HEREBY GIVEN fiat;the
ForVCollins"City'Counnl, 'nn:.,Tuesday,.=
October-'5 2021,.passed ond'adopted the
following ordindnces on'se"cond mdding:
O[2DlNANGE NO "113,2021 '
OF THE"!COUNCIL OF THE CITY:OF
FORT COLLINS
MAKING::SUPPLEMENTAL APP.RO-
PRIATIONS IN
AND AUTHORIZING TRANSFERS OF
APPROPRIATIONS ;F."ROM VARIOUS
CITY FUNDS
ORDINANCE NO 114,2021
OF,TH1 s.'CoUNCIL OP.THE CITY OF,
FORTCOLLINS
APPROPRIATING PRIOR-YEAR. RE-'°
SERVES,[N
VARIOUS CITY FUNDS
ORDINANCE NO"115 2021
'OF THE';:COUNCIL OF'THE CITY'OF.
FORT COLLINS.::
APPROPRIATING, PRIOR YEAR RE-'
SE32�YES4>AN D'MAKING"'SU PPLEMEW
TAL' ;`APPROPRIATIONS IN -THE
NATURAL AREAS FUND.'FOR.'.BOB-
CAT'.RIDGE '.NATURAL"AREA:DUMP
CLEAN-UP' NOT :INCLUDED IN THE
2021 ADOPTED CITY BUDGET
ORDINANCE NO.116 2021
OF THE COUNCIL OF THE CITY OF•
,FOR.T.NG..COLLINS
=:MAKI A`""SUPPLEMENTAL AP
,PRIATION"OF<GRANT FUNDS TO
APPLY,:7OWARD.THE PURCHASE OF
AN "ELECTRIC STREET: `SWEEPER<
'AND CHARGING STATION
ORDINANCE N6:117,2021
OF:THE:COUNCIL OF THE CITY.OF .
FORT COLLINS. - ..
MAKING :SUPPLEMENTAL :APPRO-..
PRIATIONS'FOR'
THE;;E)EBT SERVICE PAYMENT. FOR
THE
NORTHERN COL:ORADO DRUG"TASK
FORCE,FACILITY 1I
ORDENANCE No.118,2021
OF".THE, COUNCIL OF THE.CITY OF
FORT;cOLLINS;._
MAKING SUPPLEMENTAL:AP.PRO
PR[ATIONS APPROPRIATING
PRIOR;`;YEAR' RESERVES, AND AU-
THORIZING.>TRANSFERS"OPAPPRO-
PRIATIONS>FOR.,THE',SIPHON OVER-
PASS PROJECT AND RELATED ART
EN PUBLIC PLACERS
ORDINANCE N4 119,o,201
OF THE COUNCIL QF THE CITY OF t
FORT COL
AMENDING CHAPTER €26 OF. THE,_
CODE. OF... THE ; CITY OF `FORT":::
COLLINS
TO MAKE VARIOUS -CHANGES.TO
THE-REQUIREMENTS"AND $
FEES.FOR'WATER.SERVICE
}�"ORDINANCE NO;120 2021
OF TE-1E COUNCIL OF THE CITY OF
FORT,COLDA , SQ, ENDMENTS
MAKING R
TO THE C1.TY OF FORT COLLINS
LAND USE CODE REGARDING LAND-
SCAPE WATER USE
The fulE text of'these olclinonca�s tan be:
found 'at htt ':/lfcgav coanfpublic(sblices;
or by"'eaEEin9 thie CifY ClerK s�Qf€iceot
970.22156515
000494b287
Colora8oan
Oct 10`2021