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HomeMy WebLinkAbout016 - 02/16/2016 - APPROPRIATING PRIOR YEAR RESERVES IN THE WATER FUND FOR A PROJECT TO REPAIR A PIPED SECTION OF THE M ORDINANCE NO. 016, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE WATER FUND FOR A PROJECT TO REPAIR A PIPED SECTION OF THE MICHIGAN DITCH TUNNEL PROJECT WHEREAS, the City owns the Michigan Ditch and certain water rights associated therewith, by which the City conveys water tributary to the Michigan River and the North Platte River Basin across Cameron Pass and into Joe Wright Creek and the Cache la Poudre River ' Basin for the City's use, storage, reuse,and subsequent use, including in conjunction with the City"s partners, such as the Platte.River Power Authority; and WHEREAS, the Michigan Ditch is a critical component of Fort Collins Utilities' raw water supply delivery system; and WHEREAS, a piped portion of the Michigan Ditch has experienced a significant failure resulting from the mountainside on which the ditch is constructed being the location of a landslide; and WHEREAS, the City has consequently not been able to utilize the Michigan Ditch and certain water rights associated therewith to their full capacity, which may have various and significant adverse impacts on the City if not addressed in a timely and comprehensive manner; and WHEREAS, Fort Collins Utilities has reviewed various potential methods to address the issued faced at the Michigan Ditch, with the input from the Colorado State Board of Land Commissioners, which is the permitting authority, and has determined that the construction of a tunnel to the repair the Michigan Ditch is the preferred option; and WHEREAS, the estimated cost of the proposed tunnel and all associated construction. activities is $8,247,931; and WHEREAS, previous appropriations of funds in the amount of $2,016,695 have been made to fund maintenance and repair of the potion of the Michigan Ditch impacted by the landslide; and WHEREAS, the remaining funding required for the estimated cost of the proposed tunnel and all associated construction activities is approximately $6,300,000, to be appropriated out of Water Fund prior year reserves; 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 available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and -1- 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; and WHEREAS, City staff have determined.that the appropriations as described herein are available and previously unappropriated in the Water Fund. 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 Water Fund the sum of SIX MILLION THREE-HUNDRED THOUSAND DOLLARS ($6.300,000) for the Michigan Ditch Tunnel Project. Introduced, considered favorably on first reading,and ordered published this 9th,day of February, A.D. 2016, and to be presented for final passage on the 16th day of February, A.D. 2016. e.t..... ayor ATTEST: IN l/l/ City Clerk Passed and adopted on final reading on the 16th day of February, A.D. 2016. ofQrca�` Mayor ATTEST: ;s SEAL :N l� � cO�ORA�O City Clerk . -2- Account#: FTC-003160 fj FORT-COLLI\S Mr- 0, A_ _N Invoice Text—JNOTICE IS HEREBY GIVEN that the Fort Collins City Council,on I STATE OF COLORADO ) )ss: AFFIDAVIT OF PUBLICATION _ COUNTY OF LARIMER ) NOTICE IS HEREBY GIVEN that the Fort Collins City Council, on Tuesday, February 9, 2016, will consider the fol- lowing ordinances on first reading. These ordinances will presented for final passage on Februaryry 16,2016: Andrew Troncoso ,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins ORDINANCE NO.016,2016 Coloradoan;that the same is a daily newspaper of general circulation and printed and published in the City of OF THE COUNCIL OF THE CITY OF Fort Collins, in said county and state; that the notice or advertisement, of which the annexed is a true copy, FORT COLLINS APPROPRIATING PRIOR YEAR RE- has been published in said daily newspaper for SERVES IN THI=WATER FUND FOR -A PROJECT TO REPAIR A PIPED SECTION OF 1 Day; THE MICHIGAN DITCH TUNNEL PROJECT ORDINANCE NO.019,2016 that the notice was published in the regular and entire issue of every number of said newspaper during the FORTCOLLINS HE COUNCIL OF THE CITY OF period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; ADDING A NEW SECTION TO that the first publication of said notice was contained in the issue of said newspaper on THE CODE OF THE CITY OF FORT P COLLINS TO ESTABLISH A ONE- YEAR LIMITATION FOR THE PROSE- CUTION OF CITY CODE VIOLATIONS IN FORT Tuesday'February9,2016 COLLINS MUNICIPAL COURT ORDINANCE NO.021,2016 OF THE COUNCIL OF THE CITY OF that the last publication thereof was contained in the issue of said newspaper on FORT COLLINS AMENDING CHAPTER 7 OF THE CODE OF THE CITY OF FORT Tuesday,February 9,2016 COLLINS TO UPDATE AND AMEND REQUIRE- MENTS AND PROCEDURES that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the period of at FOR CITY ELECTIONS The full text of these ordinances can be least six months next prior to the first publication of said notice or advertisement above referred to;that said found at http://fcgov.conVpublicnotices newspaper has been admitted to the United States mails as second-class matter under the provisions of the or by tailing the City Clerk's Office at 970-221-6515. Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly 1038445 ' qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Coloradoan Colorado. Feb 9,2016 Legal Clerk Subscribed and sworn to before me,within the County of Larimer,State of Colorado this Tuesday,February 09,2016 NOTARY AWNN ;ARYSTATE OF COLORADO My Commission expires September 3,2019 MY Identification#20154035099 Expires September 3,2019 Notary Public Legal No.0001038445 Delivered to: CITY OF FC-CLERK-LEGALS 300 LAPORTE AVE Affidavit Prepared FORT COLLINS,CO 80521 Tuesday.February 9,2016 10:54 am 114� S%Wov Account#: FTC-003160 FORT•COLLINS r Invoice Text COLOR_A_ i NOTICE IS HEREBY GIVEN that the Fort Collins City Council,on 7 STATE OF COLORADO ) ss: AFFIDAVIT OF PUBLICATION COUNTY OF LARIMER ) Andrew Troncoso being duly swom, 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 JOTICE IS HEREBY GIVEN that the published in the City of Fort Collins, in said county and state; that the notice or advertisement, of Fort Collins city council, on Tuesday, which the annexed is a true copy,has been published in said daily newspaper for February 16, 2016, Passed and adopted the following ordinances on second reading: 1 Day; ORDINANCE NO.016,2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS that the notice was published in the regular and entire issue of every number of said newspaper RE- SERVES APPROPRIATING TIHE WATER FUND FOR during the period and time of publication of said notice, and in the newspaper proper and not in a A PROJECT supplement thereof; that the first publication of said notice was contained in the issue of said TO REPAIR A PIPED SECTION OF pp THE MICHIGAN DITCH TUNNEL newspaper on PROJECT ORDINANCE NO.019,2016 Sunday,February 21,2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADD(NG A NEW CODE II TO OF THE CITY OF FORT THE that the last publication thereof was contained in the issue of said newspaper on COLLINS TO ESTABLISH A ONE- YEAR LIMITATION FOR THE PROSE. CUTION Sunday,February 21,2016 OF CITY CODE VIOLATIONS IN FORT COLLINS MUNICIPAL COURT The that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the found uatll tahttp://cgov c m/pubIicnot cesxt of these ordinances can e period of at least six months next prior to the first publication of said notice or advertisement above callingor by the City Clerks Office at 970 221 6515. referred to; that said newspaper has been admitted to the United States mails as second-class 1062247 matter under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said Coloradoan Feb 21,2016 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 Clerk Subscribed and sworn to before me,within the County of arimer,State of Colorado this Monday,February 22,2016 �NNAMAAYLAMA NOTARY PUBLIC STATE jL;7] My Commission expires September 3,2019 My iden*aflon#201 Expires September Notary Public Legal No.0001062247 Delivered to: CITY OF FC-CLERK-LEGALS 300 LAPORTE AVE Affidavit Prepared FORT COLLINS,CO 80521 Monday,February 22.2016 11:02 am