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HomeMy WebLinkAbout100 - 09/06/2016 - APPROPRIATING PRIOR YEAR RESERVES IN THE STORM DRAINAGE FUND TO CONSTRUCT THE FORT COLLINS/TIMNATH BORDINANCE NO. 100, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE STORM DRAINAGE FUND TO CONSTRUCT THE FORT COLLINS/TIMNATH BOXELDER CREEK FLOOD MITIGATION PROJECTS AND TRANSFERRING APPROPRIATIONS TO THE CULTURAL SERVICES AND FACILITIES FUND FOR THE ART IN PUBLIC PLACES PROGRAM WHEREAS, in 2009 the City and the Town of Timnath ("Timnath") entered into an intergovernmental agreement("IGA") regarding certain stormwater and floodplain issues; and WHEREAS, the IGA has been amended various times, including by a sixth amendment, approved by Ordinance No. 047, 2014 ("Sixth Amendment'); and WHEREAS, the Sixth Amendment identifies the scope and locations of the Boxelder Creek Flood Mitigation Projects ("Projects"); and WHEREAS, at that time of the Sixth Amendment, the cost of the Projects was estimated to be $4,000,000, which amount Fort Collins and Timnath have agreed to share equally in order to complete the Projects; and WHEREAS, the Sixth Amendment anticipated that additional funds may be needed due to the preliminary nature of the design and the timing of the Projects to be constructed in future years; and WHEREAS, the actual costs of the Projects has been greater than originally estimated dues to a number of causes; and WHEREAS, Fort Collins, as lead and provider of the engineering and project management service for the Projects, must appropriate the funds in order to execute the contracts for the Projects; and WHEREAS, Timnath will provide reimbursement of shared costs after completion of the Projects pursuant to the Sixth Amendment; and WHEREAS, Fort Collins Utilities is requesting an appropriation of $979,700 from the Storm Drainage Fund Reserves to cover increased costs of the Projects; and WHEREAS, of the total $979,700 requested appropriation, $9,700 represents the amount to be appropriated in the Art in Public Place ("APP") project for the Storm Drainage Fund, and of that $9,700 amount, $2,134 (22%) will be transferred to the Cultural Services and Facilities Fund for the maintenance of the artwork and operations of the APP program; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be 1 available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund (project) to another fund (project), provided 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 for expenditure from prior year reserves in the Storm Drainage Fund the sum of NINE HUNDRED SEVENTY-NINE THOUSAND SEVEN HUNDRED DOLLARS ($979,700) as follows: Boxelder Creek Crossing of Prospect Road Project 970,000 Art in Public Places Project 9,700 TOTAL 979,700 Section 3.That the unexpended appropriated amount of TWO THOUSAND ONE HUNDRED THIRTY-FOUR DOLLARS ($2,134) is authorized for transfer to the Art in Public Places Projects from the Storm Drainage Fund to the Cultural Services and 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 16th day of August, A.D. 2016, and to be presented for final passage on the 6th'day of September, A.D. 2016. off r•° o Mayor ATTEST: o COLORPO City Clerk 2- Passed and adopted on final reading on the 6th day of September, A.D. 2016. O pRT co Z SEALE a Mayor ATTEST: ooioR' City Clerk J 3-