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HomeMy WebLinkAbout029 - 04/04/2000 - AUTHORIZING TRANSFER OF FUNDS TO TRUCK ROUTE RELOCATION PROJECT ACCOUNT TO MEET REQUIREMENTS OF BALL ORDINANCE NO. 29, 2000 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE TRANSFER OF FUNDS FROM THE NORTHEAST TRUCK ROUTE PROJECT ACCOUNT INTO A NEW ACCOUNT ENTITLED THE TRUCK ROUTE RELOCATION PROJECT ACCOUNT AND APPROPRIATING THE EXPENDITURE OF FUNDS FROM SAID ACCOUNT TO MEET THE REQUIREMENTS OF BALLOT ISSUE 200 WHEREAS, in 1997, the voters of the City approved a quarter-cent sales and use tax for certain Building Community Choices community enhancement projects, including the Northeast Truck Route Project; and WHEREAS, the City Council has appropriated, as part of the annual appropriation ordinances for fiscal years 1998, 1999 and 2000, the total amount of$3,457,950 for the Northeast Truck Route Project; and WHEREAS,of said amount,$417,560 has been expended or encumbered to date for studies related to the Northeast Truck Route Project, leaving a remaining balance in the amount of $3,040,390 in the Northeast Truck Route Project Account; and WHEREAS,on November 2, 1999,the registered electors of the City approved the passage of Ballot Issue 200(the "Initiated Ordinance")pertaining to the relocation of the Colorado Highway Truck Route (the "Truck Route"); and WHEREAS, under the Initiated Ordinance, the City is to: pursue with all deliberate effort and speed the relocation of the Truck Route to a location outside the City's current Urban Growth Area;encourage and cause by all reasonably available means all truck traffic without local business in the City to use the existing U.S. Interstate highway system; devise and diligently pursue the implementation of a funding plan to cause the relocation of the Truck Route outside the City's current Urban Growth Area to be funded by a combination of city, county, state and/or federal funding sources;and utilize for the foregoing purposes that portion of the remaining funds from the Building Community Choices Capital Improvement Program which had been earmarked for the Northeast Truck Route Project; and WHEREAS, under Article V, Section 10 of the City Charter, the City Council may, by ordinance, upon the recommendation of the City Manager, transfer any unexpended and unencumbered appropriated amount or portion thereof from one fund or capital project account to another fund or capital project account if the purpose for which the funds were initially appropriated no longer exists; and WHEREAS,the purpose for which the funds in the Northeast Truck Route Project Account were initially appropriated no longer exists, and the City Manager has recommended that the balance of funds remaining in said account be transferred into a new account entitled the Truck Route Relocation Project Account and that such funds be earmarked for expenditure for the purposes specified in the Initiated Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the sum of THREE MILLION FORTY THOUSAND THREE HUNDRED NINETY DOLLARS ($3,040,390) is hereby authorized for transfer from the Northeast Truck Route Project Capital Project into a new Capital Project entitled the Truck Route Relocation Project and appropriated therein for the purposes specified in Sections 1, 2 and 3 of the Initiated Ordinance, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference. Introduced-and considered favorably on first reading and ordered published this 21 st day of March, A.D. 2000, and to be presented for final passage on the 4th day of April, A.D. 2000. Mayor ATTEST: City Clerk Passed and adopted on final reading this 4th day of April, A.D. 2000. y Mayor ATTEST: City Clerk EXHIBIT A ORDINANCE NO. 142, 1999 OF THE CITY OF FORT COLLINS APPROVING THE RELOCATION OF COLORADO HIGHWAY 14 TRUCK ROUTE OUTSIDE THE CITY OF FORT COLLINS' CURRENT URBAN GROWTH AREA AND APPROVING CERTAIN MEASURES IN SUPPORT THEREOF WHEREAS, for many years the City of Fort Collins (the "City") and City staff have investigated the possibility of relocating the Colorado Highway 14 truck route(the"Truck Route") from its current location that utilizes roadways in the City known as Mulberry,Riverside,Jefferson and College in such a manner so as to minimize the impact of the Truck Route on businesses, neighborhoods and residents of Fort Collins;and WHEREAS,as a part ofthe"Building Community Choices"Capital Improvement Program, in 1997 the City's electorate authorized capital expenditures of S3 million(the"Funds")to be used for the planning, design, right-of-way acquisition and/or other project costs associated with road improvements for an alternate northeast Truck Route: and WHEREAS,the City has expended a portion of the Funds in pursuit of an alternative Truck Route and wishes to continue to use the remaining Funds to relocate the Truck Route so as to avoid the adverse impacts associated with the Truck Route on businesses,neighborhoods and residents in the City's Urban Growth Area; and WHEREAS, prior City Councils and the current City Council have previously rejected relocating the Truck Route in the vicinity of East Vine Drive in the City due to the materially adverse environmental,health and social impacts on residents that a relocation in the vicinity of East Vine Drive would necessarily cause; and WHEREAS,the City desires to relocate the Truck Route outside the City's current Urban Growth Area and, until such location occurs, to encourage and cause truck traffic without local business to use the U. S. Interstate Highway System; and WHEREAS,a petition for initiative signed by registered electors of the City has been filed with the City which requires, under Article X, Section 1(e) of the Charter, that the City Council either adopt this Ordinance or submit it to the registered electors of the City at a special election. NOW, THEREFORE,BE IT ORDAINED AS FOLLOWS: Section 1. That,working with appropriate Federal,State and County governmental entities, agencies and departments,the City and its staff shall pursue with all deliberate effort and speed the relocation of the Truck Route to a location outside the City's current Urban Growth Area. Section 2. That until such time as the relocation of the Truck Route described in Section 1 occurs,the City shall encourage and cause by all reasonably available legal means all truck traffic without local business in the City to use the existing U. S. Interstate Highway System,including, without limitation,pursuit by the City of appropriate State and Federal legislation and regulations that would cause all truck traffic without local business to remain on the U. S. Interstate Highway System. Section 3. That the City and its staff shall devise and diligently pursue the implementation of a funding plan to cause the relocation of the Truck Route outside the City's current Urban Growth Area to be funded by a combination of City,County, State and/or Federal funding sources. Section 4. That the remaining Funds from the "Building Community Choices" Capital Improvement Program shall be used in furtherance of the purposes set forth in Sections 1, 2 and 3 of this Ordinance. Section 5. That relocating the Truck Route in the vicinity of East Vine Drive is permanently abandoned and that locating a new or alternate Truck Route between the currently existing Truck Route and two miles North of Douglas Road shall not be further considered by the City. Section 6. That all resolutions and ordinances of the City Council that are inconsistent with the foregoing Sections I, 2, 3,4 and 5 are hereby reversed and superseded in their entirety by the provisions of this Ordinance. Section 7. This Ordinance shall be effective upon the earlier of (i) approval of this Ordinance by the City Council in accordance with Article X,Section I(e)of the Charter or(i i)upon certification of the election results that a majority of the registered electors voted in favor of this Ordinance in accordance with Article X, Section 6(e)of the Charter. APPROVED BY THE VOTERS AT A SPECIAL ELECTION HELD IN CONJUNCTION WITH THE LARIMER COUNTY COORDINATED ELECTION ON NOVEMBER 2, 1999.