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HomeMy WebLinkAbout079 - 06/15/2021 - MAKING A SUPPLEMENTAL APPROPRIATION OF A PORTION OF THE CITY'S AMERICAN RESCUE PLAN ACT FUNDING FOR Y ORDINANCE NO. 078, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING EMERGENCY RULE AND REGULATION NO. 2021-01 PERMITTING UTILITY BILLING PAYMENT PLANS FOR PAST DUE AMOUNTS ON TERMS OTHER THAN THOSE SET FORTH IN THE FORT COLLINS MUNICIPAL CODE AND ENACTED BY THE CITY MANAGER PURSUANT TO THE LOCAL COVID-19 EMERGENCY AND TEMPORARILY SUSPENDING IN PART THE APPLICATION OF CITY CODE SECTION 26-713(e) WHEREAS, the City of Fort Collins is threatened with serious injury and damage, consisting of widespread human and economic impact caused by the Novel Coronavirus 2019 (COVID-19); and WHEREAS, in early March 2020 declarations of emergency regarding COVID-19 were issued by then-President Trump, Governor Polis and the Larimer County Department of Public Health and Environment; and WHEREAS, on March 13, 2020, in order to undertake emergency measures to protect the life, health, safety and property of the citizens of the City and persons conducting business therein, and in order to attempt to minimize the loss of human life and the preservation of property, the City Manager, as the Director of the City's Office of Emergency Management, proclaimed a "local emergency" in accordance with Section 2-671(a)(1) of the City Code and activated the Emergency Operations Plan established pursuant to Section 2-673 of the City Code; and WHEREAS, the City Council extended the local emergency until such time as the City Manager determines in writing that the conditions justifying the local emergency no longer exist, with the adoption of Resolution 2020-030 on March 20, 2020; and WHEREAS, having proclaimed a local emergency, the City Manager has issued emergency rules and regulations to protect the health and safety of City residents and visitors; and WHEREAS, at its adjourned meeting on March 31, 2020, the City Council adopted Resolution 2020-032, approving the Emergency Rules and Regulations that the City Manager had issued as of that date, including the following: a. Emergency Regulation No. 2020-01, dated March 17, 2020; b. Emergency Regulation No. 2020-02, dated March 19, 2020; C. Emergency Regulation No. 2020-03, dated March 19, 2020; d. Emergency Regulation No. 2020-04, dated March 20, 2020; and e. Amended Emergency Regulation No. 2020-05A, dated March 30, 2020 (terminated on May 24, 2021); and WHEREAS, at its regular meeting on April 7, 2020, the City Council adopted Resolution 2020-036, approving the Emergency Rules and Regulations that the City Manager had issued as of that date, including the following: -1- a. Emergency Regulation No. 2020-06, dated April 1, 2020; b. Emergency Regulation No. 2020-07, dated April 1, 2020 (terminated on June 14, 2020); and C. Emergency Regulation No. 2020-08, dated April 4, 2020; and WHEREAS, at its regular meeting on April 21, 2020, the City Council adopted Resolution 2020-038 approving the Emergency Rules and Regulations that the City Manager had issued as of that date, including the following: a. Emergency Regulation No. 2020-09 (suspended on April 28, 2020); b. Emergency Regulation No. 2020-010; C. Emergency Regulation No. 2020-011; and d. Emergency Regulation No. 2020-012 ; and WHEREAS, at its regular meeting on May 5, 2020, the City Council adopted Emergency Ordinance No. 070, 2020, approving the Emergency Rules and Regulations that that the City Manager had issued as of that date, including the following: a. Emergency Regulation No. 2020-013 ; b. Emergency Regulation No. 2020-014; and C. Amended Emergency Regulation No. 2020-015A; and WHEREAS, at its regular meeting on May 19, 2020, the City Council adopted Emergency Ordinance No. 073, 2020, approving the Emergency Rules and Regulations that that the City Manager had issued as of that date, including Emergency Regulation No. 2020-016; and WHEREAS, at its regular meeting on June 20, 2020, the City Council adopted Emergency Ordinance No. 080, 2020, approving the Emergency Rules and Regulations that the City Manager had issued as of that date, including the following: a. Emergency Regulation No. 2020-017; and b. Emergency Regulation No. 2020-018 (terminated on May 17, 2021); and WHEREAS, at its regular meeting on October 6, 2020, the City Council adopted Emergency Ordinance No. 124, 2020, approving the Emergency Rules and Regulations that the City Manager had issued as of that date, including updated Amended Emergency Regulation No. 2020-17A; and WHEREAS, the declared local emergency and Emergency Rules and Regulations No. 2020-01 through 2020-018, except those expressly terminated an and expressly amended (the "Existing Emergency Rules and Regulations") remain in full force and effect; and -2- ' I I WHEREAS, since the Council's adoption of Emergency Ordinance No. 124, 2020, the City Manager has issued Emergency Rule and Regulation No. 2021-01 (referred to as the "New Emergency Rule and Regulation"), relating to resuming certain Utility customer billing practices suspending under Emergency Regulation No. 2020-004 (subsequently terminated on July 2, 2020) and permitting customer payment plans for past due utility billings without payment of all outstanding amounts as otherwise required by the City Code in light of the continued economic emergency resulting from the pandemic; and WHEREAS, Section 2-671(a)(6)(a) of the City Code provides that the emergency rules and regulations must be confirmed at the earliest practical time by the City Council; and WHEREAS, the Council has determined that the New Emergency Regulation (No. 2021- 01) described above is reasonably necessary to the protection of life, health, safety and property of the residents of and visitors to Fort Collins; and WHEREAS, approval of the New Emergency Rule and Regulation by ordinance will ensure it is enforceable to the fullest extent of the law and express waiver and temporary partial suspension of Section 26-713(e) of the City Code, and Council therefore wishes to approve the New Emergency Rule and Regulation by the adoption of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the City Manager's establishment of the New Emergency Rule and Regulation attached hereto as Exhibit "A", and incorporated herein by this reference, was necessary in the interest of protecting the life, health, safety and property of the citizens of Fort Collins. Section 3. That the City Council hereby confirms, ratifies and approves the New Emergency Rule and Regulation as of the date of its establishment by the City Manager. Section 4. That the City Council hereby expressly waives and temporarily suspends the application of Section 26-713(e) of the City Code, to the extent necessary to effectuate the provisions of the New Emergency Rule and Regulation through December 31, 2021. Section 5. That the City Council hereby approves the recommencement of Utilities customer billing practices described in the New Emergency Rule and Regulation (Emergency Regulation No. 2021-001) as necessary and proper for the operation of the City's utilities, consistent with the Article XII of the City Charter. -3- Introduced, considered favorably on first reading, and ordered published this 1 st day of June, A.D. 2021, and to be presented for final passage on e 15th of Tune, A.D. 2021. ayor ATTEST: F Vo r cp • V SEAL i it Aztyc# . 00ORA�° Passed and adopted on final reading on this 15th day of June, A.D. 01. a r ATTEST: 0 vQR colL City Clerk� u iy SEAL �p OR ��o -4- ORDINANCE NO. 079, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING A SUPPLEMENTAL APPROPRIATION OF A PORTION OF THE CITY'S AMERICAN RESCUE PLAN ACT FUNDING FOR LOCAL FISCAL RECOVERY RELATED TO RESPONSE TO AND RECOVERY FROM THE COVID-19 PANDEMIC WHEREAS, in response to the public health emergency resulting from the spread of the Novel Coronavirus 2019 ("COVID-19"), the City Manager proclaimed a local emergency on March 13, 2020, and City Council extended such proclamation with its adoption of Resolution 2020-030; and WHEREAS, on March 11, 2020, President Joseph R. Biden signed the American Rescue Plan Act into law ("ARPA"), which established the Coronavirus Local Fiscal Recovery Fund intended to provide support to local governments in responding to the impact of COVID-19 on their communities, residents, and businesses; and WHEREAS, the U.S. Treasury Department has provided regulatory guidance on how ARPA funds may be used, which includes: supporting public health expenditures; addressing negative economic impacts; replacing lost public sector revenue; providing premium pay for essential workers; and investing in water, sewer and broadband infrastructure; and WHEREAS, the City will be allocated a total amount of$28,118,971, of which the City has received fifty percent or $14,059,485.50, with the remaining fifty percent anticipated to be available in May 2022; and WHEREAS, City staff presented background information about the proposed use of these funds to City Council at a work session on May 25, 2021, including the appropriation of $4,217,846, which is fifteen percent of the total amount allocated to the City, to address current needs of the community consistent with the requirements of ARPA and applicable federal regulations and to support public health expenditures;address negative economic impacts; replace lost public sector revenue; provide premium pay for essential workers; and invest in water, sewer and broadband infrastructure; and WHEREAS, City staff has identified some current needs consistent with U.S. Treasury guidance to include financial support and expenditures for workforce development; business support for disadvantaged businesses; business navigation programs; supportive assistance to those experiencing homelessness;utility, mortgage and rental assistance to those who do not meet the income qualification requirements for assistance from Neighbor to Neighbor or other available programs, and response and recovery expenses of the City and others in the Fort Collins community; and WHEREAS,this appropriation benefits the public health,safety and welfare of the citizens of Fort Collins and serves the public purpose of responding to the immediate and short-term community health, social wellbeing, and economic needs arising from the negative impacts of the COVID-19 public health emergency; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council, upon -1- 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 City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the General Fund and will not cause the total amount appropriated in the General 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. 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 General Fund the sum of FOUR MILLION TWO HUNDRED SEVENTEEN THOUSAND EIGHT HUNDRED FORTY-SIX DOLLARS ($4,217,846) for expenditure from the General Fund for supporting public health expenditures, addressing negative economic impacts, replace lost public sector revenue, provide premium pay for essential workers and invest in water, sewer and broadband infrastructure related to response to and recovery from the COVID-19 pandemic, as described in this Ordinance. Introduced, considered favorably on first reading, and ord9yed publish this 1 Sth day of June, A.D. 2021, and to be presented for final passage on the 6t y of July A . 2021. M ATTEST: �; SE City Clerk - '57r -te v j m ••o COLORp Passed and adopted on final reading on the 6th day of July, A.D. 2 1. or ATTEST: o�FoRT.Co� • SE City Clerk -2- Account#: FTC-003160 Ir'll FORT-COLLIE'S ' 0A_ N Invoice Text NOTICE IS HEREBY GIVEN that the Fort Collins City Counc STATE OF COLORADO ) )ss:AFFIDAVIT OF PUBLICATION COUNTY OF LARIMER) CITY OF FC-CLERK-LEGALS 300 LAPORTE AVE FORT COLLINS CO 80521 I,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-Gity-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 issue of said newspaper on 06/20/21 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 ublishing 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 20th of June 2021. Notary Public Notary Expires VICKY FEi_TY Notary Public Legal No.0004786275 State of Wisconsin Ad#:0004786275 Affidavit Prepared P O: Ords Sunday,Juno 20,2021 2:49 am This is not an invoice #of Affidavits 1 w..✓ i�Q NOTICE IS HEREBY GIVEN that The, Fort-.Collins CLtY Council, on TriesdaY:' June 2021 ":'gassed and adoPtOQ the'. f6 klow!n9 ordinances' on first'reading These ordinances will'.Lie Presented f0r flnal':passaae`nn Tuesday July 6,2021 ORDINANCE N0,064,2021 OF THE,COUNCIL.OF'THE..CITY OF FORT COLLINS APPROPRIATING. PRIOR YEAR RE SERVES FORA MUNICIPAL. IMMIGRATION `.LEGAL DEFENSE PILOT PROGRAM; ORDINANCE'N0.074,2021, OF THE.COUNCIL OF THE"CITY OF. FORT COLUI NS MAKING A:"SUPPLEMENTAL APPRO- PRIATION OF A PORTION OF THE CITY;.'S: AMERICAN .RESCUE. PLAN ACT`'FUNDING FOR':'LOCAL-FISCAL,. RECOVERY ;RELATED TO : 'RE SPONSE TO"AND''RECOVERY FROM THE(COVID-19 PAN.DPMIC , ORDINANCE.NO.(180,2021 OF THE COUNCIL.OF THE CITY Or- FORT COLLINS MAKING SUPPLEMENTAL APPRO- PRIATIONS FOR THE RESTORATIVE JUSTICE SERVICES PROGRAM ORDINANCE NO,081,2021 OF THE COUNCIL OF.. TH.E;;CITY, OF FORT COLLINS AMENDING, SECTION' 2-34 OF THE> CODE OF.,;THE CITY Or...FORT COLLINS TO: DESIGNATE THE CITY"'S WE6S1TE AS THE PROPER:PLACE" FOR POSTING OF CITY COUNCIL' MEET- ING NOTICES'AND;AGENDAS., ORDINANCE:NO 082:2021 OF;THE•.COUNCIL„OF THE,'CITY O.F FORT COLLINS AMENDING:, CHAPTER 12 OF THE. CODE 'OF'=.THE CITY. `'OF FORT COLL[NS:.REGARDING SMOKING MA TERIALS ORDINANCE NO.083,2021 OF;THE,COUNCIL OF•THE'CITY OF FORT'COLLINS AUTHORIZING.: THE. CONVEYANCE OF A WASTEWATER EASEMENT ON LARIMER COUNTY _:LANDFILL. PROPERTY''T0 LARIMER COUNTY 4 ORDINANCE NO U12021 OF.THE COUNCIL OF THE CITY•OF.3 FORT COLLINS". ' ' rAMEND:ING CHAPTER 24;: OF THE CODE OF THE CITY`OF FORT COLL`INS TO-ADOPT';THE UP DATED 2021:LARIME'R COUNTY URBAN .AREA STREET v,STARDA0DS BY REFERENCE _ The full text of these,ordmonces can be% found"at '}ittP:llfcstiV cOmlAutil[cnotices 'or.-bY calling the City Clerk""Offlce"at` v. - (970)=221-6515 0004749S24 Coloradoan June 20.2021 Account#: FTC-003160 j FORT-COLLINS W_ _ Invoice Text 0-)UJ 0A_ _NNOTICE IS HEREBY GIVEN that the Fort Collins City Couni STATE OF COLORADO ) )ss:AFFIDAVIT OF PUBLICATION COUNTY OF LARIMER) CITY OF FC-CLERK-LEGALS 300 LAPORTE AVE FORT COLLINS CO 80521 I,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that the same is a daily_n.ewspaper 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 issue of said newspaper on 07/11/21 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. 9 Legal Clerk Subscribed and sworn to before me,within the County of Brown,State of Wisconsin this 1 Ith of July 2021. _... - Votary Public Votary Expires EVICKY FEL.TY Notary public Legal No.0004813501 ate Of WiSconsin Ad#:0004813501 Afiidavit Prepared P O: NEWS SR Sunday,July 11,2021 2:48 am This is not an invoice #of Affidavits 1 ED;:<TO RESPONSE "TO.AND RECOV- ERY'PROM'THE COVID-I9,PANDEM- IC ORDINANCE NO 080,2021 OFJHE COUNCIL OF THE,CITY OF.. FORT CbLt-1NS'MAKING 'SUPPLE " MENTAL , APPROPRIATIONS FOIE THE RESTORATIVE,JUSTICE SERV-.; ICES.PROGRAM ot~ C UNCII .OF THE OC'TY OF PORT C INS AMENDING SECTION. — 2-34 OF TH OF THE CITY,OF 21 NCE NOTfCE .IS HERE(3Y G1VEN "that the FORT COLLINS GNATE THE NO' Fort Collins City=<COUnCrl=:on Tuesday GITY'S. Wf?BSITE AS R July 6,�:2021, pgssed and adopted the,fof- PLACE FOR POSTING OF lowing'ardinances.oh secorid'eead3hg.': COUNCIL MEETING NOTICES AND., AGENDAS :> ORDINANCE NO,064,2021 ORDINANCE NO 082,2021 OF THE;COUNCIL OF THE CITY:OF '. FORT ..COLLINS ,APPROPRIATING OF THE COUNCIL,OF:.THE.CITY.OF PRIOR:YEAR RESERVES FOR A'MU FORT COLLINS ;AMENDING CHAP NICIPAL- IMMfGRATION LEGAL'.DE- TER 12 OF THE .CODE:OF'THE CITY'.. FENSE;FUND PILOT PROGRAM ` OF FORT - COLLINS ..REGARDING . SMOKING MATERIALS ORDINANCE NO,079,,202T .OF THE,COUNCIL. OF THE CITY OF; ORDINANCE NO.0113,2021 FORT COLLINS..MAKING A SUPPLE OF THE COUNCIL OF THE CITY OF MENTAL APPROPRIATION OF A FORT COLLINS AUTHORIZING THE PORTION OF THE CITY'S AMERICAN CONVEYANCE OF A WASTEWATER RESCUE PLAN ACT-FUNDING .FOR EASEMENT,:,ON,,LARIMER .;;COUNTY;:;'; LOCAL 'FISCAL RECOVERY RELAT- ? LANDFILL>PROPERT'Y TO LARIMER':' COUNTY ORDINANCE,HO 084,202i .OF THE COUNCIL::`OF THECiTY OF. FORT COLCLINS ".'AMENDING: 'CHAP_ TER 24 6F:,,THE CODE OF'THE:CITY OF FORT`COLLINS.::TO"ADOPT THE UPDATED 2021 LARIMER COUNTY URBAN AREA.STREET STANDARDS ' BY REFERENCE The:full text of.these ordinances can tie';' i fau'nd at http:!lfcgov.comlPublitnot ces or by calling the City.Cler `Off ksice at (970)221.6515: 0004813501 ColoCa4oan J U 3"11 Y 2021';,