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HomeMy WebLinkAbout001 - 01/15/2019 - APPROPRIATING UNANTICIPATED REVENUE IN THE CAPITAL PROJECT FUND AND APPROPRIATING PRIOR YEAR RESERVE ORDINANCE NO. 001, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE IN THE CAPITAL PROJECT FUND AND APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND AND AUTHORIZING THE TRANSFER OF APPROPRIATIONS FROM THE GENERAL FUND TO THE CAPITAL PROJECT FUND GARDENS ON SPRING CREEK VISITORS CENTER PROJECT AND TRANSFERRING APPROPRIATIONS FROM THE CAPITAL PROJECT FUND GARDENS ON SPRING CREEK VISITORS CENTER PROJECT TO THE CULTURAL SERVICES AND FACILITIES FUND FOR THE ART IN PUBLIC PLACES PROGRAM WHEREAS, in 2015, the voters approved the Community Capital Improvement Program; which included $2,000,000 to expand the Visitor's Center at the City's Gardens on Spring Creek (the "Project"); and WHEREAS, in the 2017-2018 budget cycle the City Council approved $2,185,000 for the Project; and WHEREAS, if approved, this Ordinance will appropriate $315,000 in donations raised by the Friends of the Gardens on Spring Creek for the Project, as well as $240,000 in reserves the Gardens has built to contribute to capital projects; and WHEREAS;this appropriation benefits public health, safety and welfare of the citizens of Fort Collins and serves the public purpose of improving the visitor experience at an important City cultural facility; 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 to be received during the fiscal year; and WHEREAS, the City Manager has recommended the appropriation from the Capital Projects Fund 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 to be received in that fund for that project during this fiscal year; and WHEREAS, Article V, Section 9 of the City Charter also permits the City Council 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 City Manager has recommended the appropriation from the General Fund described herein and determined that this appropriation is available and previously unappropriated from the General Fund and wit not cause the total amount appropriated in the General Fund to -1- exceed the current estimate of actual and anticipated revenues to be received in that fund during this fiscal year•, and WHEREAS,Article V, Section 10(b)of the City Charter authorizes the City Council,upon recommendation of the City Manager, to transfer during the fiscal year by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund or capital project to another fund or capital project account, provided that 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 from the Capital Projects Fund—Gardens on Spring Creek Visitor Center Project, as described herein, because it is from a capital project fund in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance; and WHEREAS, because the Project involves construction estimated to cost more than $250,000, City Code Section 23-304 requires one percent of these qualified appropriations to be transferred to the Cultural Services and Facilities Fund for a contribution to the Art in Public Places (APP) program; and WHEREAS, a portion of the project funds is ineligible for public art purposes, as City Code Section 23-304 otherwise requires, due to grant restriction on the use of the funds. NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby snakes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated for expenditure from unanticipated revenue in the Capital Projects Fund - Gardens on Spring Creek Visitors Center Project the sum of THREE HUNDRED FIFTEEN THOUSAND DOLLARS ($315,000) for the Project and appropriated therein. Section 3. That there is hereby appropriated for expenditure from reserves in the General Fund for transfer to the Capital Projects Fund the sum of TWO HUNDRED FORTY THOUSAND DOLLARS ($240,000) for the Project and appropriated therein. Section 4. That the unexpended appropriated amount of FOUR THOUSAND THREE HUNDRED TWENTY-NINE DOLLARS ($4,329) in the Capital Projects Fund - Gardens on Spring Creek Visitors Center Project is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for Art in Public Places projects. Section 5. That the unexpended appropriated amount of ONE THOUSAND TWO HUNDRED AND TWENTY-ONE DOLLARS ($1,221) in the Capital Projects Fund - Gardens on Spring Creek Visitors Center Project is authorized for transfer to the Cultural Services and -2- Facilities Fund and appropriated therein for the Art in Public Places Program Maintenance and Operations.. Introduced, considered favorably on first reading, and ordered published this 2nd day of January, A.D. 2019, and to be presented for final passage on the 15th day of January, A.D. 2019. ayor ATTEST: �O�•FORr C,, SEAL N city Cl •o cOLORPO Passed and adopted on final reading on the 15th day of January, A.D. 2019. ayor ATTEST: o�Four cod SEAS• Cifycle ••cOLORPOO -3- W-11 %NWI .Account 4: FTC-003160 FORT-COLLINS Invoice Text j0L0M_ _ D02W NOTICE IS HEREBY GIVEN that the Fort Collins City Council,on 7 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 IS HEREBY GIVEN that the notice, and in the newspaper proper and not in a supplement thereof; that the publication of said Fort Collins City Council,on Tuesday, notice was contained in the issue of said newspaper on January 15,2019,passed and adopted the following ordinances on second reading: 01/20/19 ORDINANCE NO.001,2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS NANT that said Fort Collins Coloradoan has been published continuous) and uninterruptedly during the APPROPRIATING UNANTICIPATED P Y P Y g REVENUE IN THE ECT FUND CAPITAL PROD- period of at least six months next prior to the first publication of said notice or advertisement above AND APPROPRIATING PRIOR YEAR referred to; that said newspaper has been admitted to the United States mails as second-class matter RESERVES IN THE GENERAL FUND AND AUTHORIZING THE TRANSFER under the provisions of the Act of March 3. 1879. or any amendments thereof; and that said OF APPROPRIATIONS FROM THE GENERAL FUND TO THE CAPITAL newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within PROJECT FUND GARDENS ON SPRING CREEK VISITORS CENTER the meaning of the laws of the State of Colorado. PROJECT AND TRANSFERRING AP- PROPRIATIONS FROM THE CAPITAL PROJECT FUND GARDENS ON n SPRING CREEK VISITORS CENTER PROJECT TO THE CULTURAL SERVICES AND FA. CILITIES FUND FOR THE ART IN PUBLIC PLACES PROGRAM The full text of these ordinances can be Lc�:d('Icrk found at http://fcgov.com/Publicnotices or by 970221.65Iing 159 the City Clerk's Office at Subscribed and sworn to before me,within the County of Brown,State of Wisconsin this 3343063 22nd of January 2019. Coloradoon January 20,2019 Notary Public Ct�� IF E�, �/z Notary Expires CAR Lc-al No.0003343063 ` -A'•. Ad#:0003343063 'yT '.........�r,G```�� Affidavit PreparedP O: gi�� O F lW �`� rL1c.sda\.January 22.2019 10:16 am #of Affidavits:1