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HomeMy WebLinkAbout107 - 10/05/1993 - TRANSFERRING APPROPRIATIONS AND APPROPRIATING FUNDS IN THE CAPITAL PROJECTS FUND FOR THE STREET OVER ORDINANCE NO. 107, 1993 OF THE COUNCIL OF THE CITY OF FORT COLLINS TRANSFERRING APPROPRIATIONS AND APPROPRIATING FUNDS IN THE CAPITAL PROJECTS FUND FOR THE STREET OVERLAY AND SEALCOAT PROGRAM WHEREAS, in 1984, the City established by ordinance a Transportation Utility for the purpose of providing maintenance and upkeep of the City's local streets and for the portion of arterial and collector streets which were equivalent to local streets; and WHEREAS, said maintenance associated with the Transportation Utility includes patching, crack sealing, overlays and sealcoats; and WHEREAS, also in 1984, City Council established by ordinance a Transportation Utility Fee (TUF) to be paid by the owners or occupants of real property within the City, to be used to fund the operation, administration and maintenance of the local street network of the City; and WHEREAS, the City has not collected a Transportation Utility Fee since 1987, when the TUF was declared to be unconstitutional by the District Court, which decision was later overturned by the Colorado Supreme Court in 1989, following the City's appeal ; and WHEREAS, the City has reserved the funds collected from the TUF in excess of expenditures which were incurred prior to the time the TUF litigation began; and WHEREAS, said funds total approximately $449,000, as of December 31, 1992, and are accounted for in a reserve established within the Streets Department portion of the Transportation Services Fund; and WHEREAS, staff has been identifying and prioritizing street maintenance needs which have not been funded from other sources, and is recommending that $360,000 of the TUF proceeds be transferred from the Street Department portion of the Transportation Services Fund to the Street Overlay & Sealcoat program in the Capital Projects Fund to be expended during the remainder of 1993 and into 1994 for street maintenance activities including patching, crack sealing, replacing old concrete on certain streets, and some reconstructions of local streets; and WHEREAS, Article V, Section 7, of the Charter of the City of Fort Collins (the "Charter"), authorizes the City Council to provide by ordinance for payment of any expense from reserves accumulated in prior years, notwithstanding that such reserves were not appropriated for expenditure in the annual appropriation ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that there is hereby appropriated from prior year reserves in the Streets Department portion of the Transportation Services Fund THREE HUNDRED SIXTY THOUSAND DOLLARS (E360,000) for transfer to the Street Overlay & Sealcoat project in the Capital Projects Fund and appropriated therein for patching, crack sealing, reconstruction of certain local streets, and other street maintenance activities. Introduced, considered favorably on first reading, and ordered published this 21st day of September, A.D. 1993, and to be presented f inal pass a on the 5th day of October, A.D. 1993. ayor ATTEST: City Clerk Passed and adopted on final reading this 5th day of Oct66er, A.D. 3. ATTEST: yor City Clerk