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HomeMy WebLinkAbout063 - 05/02/2023 - APPROPRIATING PRIOR YEAR RESERVES IN THE NATURAL AREAS FUND AND THE SALES AND USE TAX FUND FOR THE PORDINANCE NO.063,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE NATURAL AREAS FUND AND THE SALES AND USE TAX FUND FOR THE PURPOSE OF LAND CONSERVATION, VISITOR AMENITIES,RESTORATION AND OTHER RELATED NATURAL AREAS STEWARDSHIP ACTIVITIES NOT INCLUDED IN THE 2023 ADOPTED CITY BUDGET WHEREAS,the City is committed to preserving natural areas and providing educational, interpretive and appropriate recreational opportunities to the public;and WHEREAS,Natural Areas programming implements open land conservation priorities identified in the City’s Comprehensive Plan by purchasing conservation easements or other interests in key natural areas,community separators,or other open lands;providing stewardship for lands purchased;public engagement and educational programs;and developing trails, interpretive features and other amenities for public use;and WHEREAS,the Natural Areas Department is funded primarily through the collection of City Open Space —Yes!sales and use tax revenue,as well as revenues from the Larimer County Help Preserve Open Space sales and use tax,investment earnings,and other miscellaneous revenues deposited in the Natural Areas Fund;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 of such funds for expenditure as may be available from reserves accumulated in prior years,notwithstanding that such reserves were not previously appropriated; and WHEREAS,Article V,Section 11 of the City Charter requires all appropriations unexpended or unencumbered at the end of the fiscal year lapse to the applicable general or special revenue fund,except appropriations for capital projects and federal or state grants do not lapse until completion of the capital project or expiration of the respective grant;and WHEREAS,the City Manager has recommended the appropriation from prior year reserves in the Natural Areas Fund of $10,844,479,comprised of unspent and unencumbered appropriations from 2022,and WHEREAS,the City Manager has recommended this appropriation and determined that this appropriation is available and previously unappropriated from the Natural Areas Fund and will not cause the total amount appropriated in the Natural Areas 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 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 City Manager has recommended the transfer of$1,258,071 from the Sales and Use Tax Fund to the Natural Areas Fund and determined that the purpose for which the transferred funds are to be expended remains unchanged;and WHEREAS,the appropriations described herein shall be used for land conservation, resource management,planning,construction of trails and other visitor amenities,restoration of wildlife habitat,and other Natural Areas Department programs and activities to benefit the residents of the City,in accordance with the Natural Areas Master Plan. 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 Natural Areas Fund the sum of TEN MILLION EIGHT HUNDRED FORTY-FOUR THOUSAND FOUR HUNDRED SEVENTY-NINE DOLLARS ($10,844,479)to be expended in the Natural Areas Fund for land conservation,resource management,planning,construction of trails and other visitor amenities,restoration of wildlife habitat,and other Natural Areas Department programs and activities to benefit the residents of the City,in accordance with the Natural Areas Master Plan. Section 3.That there is hereby appropriated from prior year reserves in the Sales and Use Tax Fund for transfer to the Natural Areas Fund the sum of ONE MILLION TWO HUNDRED FIFTY-EIGHT THOUSAND SEVENTY-ONE DOLLARS ($1,258,071)and appropriated therein to be expended in the Natural Areas Fund for land conservation,resource management,planning, construction of trails and other visitor amenities,restoration of wildlife habitat,and other Natural Areas Department programs and activities to benefit the residents of the City,in accordance with the Natural Areas Master Plan. Introduced,considered favorably on first reading,and ordered published this 18th day of April,2023,and to be presented for final passage on the 2nd day of May,2• /wArm/I AflEST: /7- City Clerk Passed and adopted on final reading on the 2nd day of May,2023. Ad 411. ATtEST: —A,~ City Clerk