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HomeMy WebLinkAbout043 - 04/02/2002 - APPROPRIATING PRIOR YEAR RESERVES IN THE SALES AND USE TAX FUND FOR TRANSFER TO THE CAPITAL PROJECTS ORDINANCE NO. 043, 2002 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE SALES AND USE TAX FUND FOR TRANSFER TO THE CAPITAL PROJECTS FUND HARMONY ROAD, SENECA TO THE BNSF RAILROAD CROSSING PROJECT TO BE USED FOR FINAL DESIGN, RIGHT-OF-WAY ACQUISITION AND INITIAL PROJECT CONSTRUCTION WHEREAS, improvements are needed on Harmony Road from Seneca Street east to the Burlington Northern and Santa Fe Railroad (BNSF) crossing in order to mitigate traffic impacts, thereby improving capacity along this important east-west arterial street; and WHEREAS,improvements to Harmony Road from Seneca Street east to the BNSF railroad crossing constitute one of the projects identified as a priority in compiling the City's I0-year Capital Improvement Plan and Inventory, presented to Council in 2000; and WHEREAS, City staff has been working on the design plans for improvements to the approximately 1.6 mile portion of Harmony Road from Seneca Street east to the BNSF railroad crossing, including widening of Harmony Road to four-lanes, curb, gutter, and sidewalk improvements, and intersection improvements at Harmony Road and Shields (the "Project"); and WHEREAS,the estimated cost of the Project is$7,500,000,and funds,totaling$3,200,000, are available in the City's use tax carryover reserve in the Sales and Use Tax Fund to be used for the City's share of improvements for the Project,with the remaining funds needed,totaling$4,300,000, to be funded from revenues and prior year reserves in the City's Street Oversizing Fund; and WHEREAS,while construction of the Project improvements is scheduled for 2003,there are several "pre-construction" costs that need to be undertaken in 2002 prior to the scheduled construction in 2003, including: (1)completion of the project design; (2) right-of-way acquisition; (3)utility coordination and relocations;(4)public information and consent-building;and(5)up-front costs associated with constructing a box culvert and ordering necessary traffic signal components; and WHEREAS, the estimated cost of the aforementioned"pre-construction" is $750,000; and WHEREAS, Article V, Section 9, of the Charter of the City of Fort Collins (the"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 WHEREAS, Article V, Section 10, of the Charter authorizes the Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund or capital project to another fund or capital project, provided that the purpose for which the transferred funds are to be expended remains unchanged or the purpose for which the funds were initially appropriated no longer exists or the proposed transfer is from a fund or capital project account in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance; and WHEREAS, the purpose for which the funds appropriated in the Sales and Use Tax Fund for transfer to the Capital Projects Fund-Harmony Road,Seneca Street to BNSF Railroad Crossing project remains the same, and the City Manager has recommended that said unspent and unencumbered funds be transferred from the Sales and Use Tax Fund to the Capital Projects Fund- Harmony Road, Seneca Street to BNSF Railroad Crossing project; and WHEREAS, it is the desire of the Council to appropriate $750,000 from prior year reserves in the Sales and Use Tax Fund, for transfer to the Capital Projects Fund - Harmony Road, Seneca Street to BNSF Railroad Crossing project, and appropriated therein to be used for design, row acquisition and other pre-construction Project costs; and WHEREAS, remaining Project funding of $2,450,000 from the City's use tax carryover reserve in the Sales and Use Tax Fund, and $4,300,000 from the Street Oversizing Fund, for the construction of improvements along Harmony Road from Seneca Street to the BNSF Railroad Crossing is earmarked for the Project and will be presented to City Council, for appropriation, at a later date. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the amount of SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) is hereby appropriated from prior year reserves in the Sales and Use Tax Fund, authorized for transfer to the Capital Projects Fund-Harmony Road,Seneca Street to BNSF Railroad Crossing project,and appropriated therein to be used for design,row acquisition and other pre-construction Project costs. Introduced and considered favorable on first reading and ordered published this 19th day of March, A.D. 2002, and to be presented for final passage on the 2nd day of April, A.D. 2002. Mayor ATTEST: City Clerk Passed and adopted on final reading this 2nd day of April, A.D. 2002. Mayor w ATTEST: City Clerk