HomeMy WebLinkAbout044 - 04/01/2003 - APPROPRIATING UNANTICIPATED REVENUE IN THE BUILDING COMMUNITY CHOICES CAPITAL PROJECTS FUND-EPIC SEC ORDINANCE NO. 044, 2003
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED REVENUE
IN THE BUILDING COMMUNITY CHOICES CAPITAL PROJECTS FUND -
EPIC SECOND SHEET OF ICE CAPITAL PROJECT, AUTHORIZING
THE TRANSFER OF RELATED ART IN PUBLIC PLACES FUNDS,
AND INCREASING THE TOTAL PROJECT BUDGET ACCORDINGLY
WHEREAS, on April 8, 1997, the voters of the City approved Ordinance No. 31, 1997,
authorizing the imposition of a quarter cent sales and use tax for the purpose of generating revenues
to construct certain capital projects described in the"Building Community Choices"("BCC")capital
improvement program; and
WHEREAS, one such project approved for funding by the voters was the construction of a
studio ice rink(the "Studio Ice Rink") at the Edora Pool &Ice Center("EPIC"); and
WHEREAS,Ordinance No.31, 1997,requires that the proposed ice rink be smaller than the
existing EPIC ice arena, and requires that it be added to enhance the EPIC facility to provide more
ice time for programs such as the City's learn-to-skate program, figure skating, youth and adult
hockey, and drop-in skating; and
WHEREAS, pursuant to Ordinance No. 31, 1997, the construction of the EPIC Studio Ice
Rink Project is expressly contingent upon a determination by the City Council that the City has
received supplemental funding, or in-kind contributions, for such project from the private sector,
having a value of at least 22%of the estimated cost of the project as determined by the City Council,
and upon a further determination by the City Council as to whether to proceed with said project,after
receiving a report and recommendation to proceed from the City Manager and the City's Financial
Officer, no later than December 31, 2005; and
WHEREAS,on November 20,2001,City Council adopted on second reading Ordinance No.
197, 2001 (the City's 2002 Adopted Budget),which included an appropriation of$3,273,801 from
BCC sales and use tax proceeds for the construction of the second sheet of ice at EPIC; and
WHEREAS, on February 5, 2002, City Council adopted on second reading Ordinance No.
11, 2002, whereby City Council determined that the conditions in Ordinance No. 31, 1997, for the
construction of the Studio Ice Rink had been met,authorizing that construction be commenced,and
appropriating $865,136 received from Twice the Ice, a private fund-raising group, through fund-
raising efforts,in-kind contributions,and advertising proceeds earned through the sale of advertising
on the dasher boards at EPIC; and
WHEREAS, appropriation of the aforementioned private sector contributions, totaling
$865,136, allowed the City to leverage its 78% share from BCC funds, totaling $3,067,299, and
begin construction of the Studio Ice Rink, at a total cost of$3,932,435; and
WHEREAS, since January 2002, Twice the Ice has continued its efforts, through fund-
raising,in-kind contributions, and the sale of advertising,in order to raise an additional$58,244 in
private sector funds and thus leverage the additional $206,502, in City BCC funds, needed to
complete the Studio Ice Rink; and
WHEREAS, Ordinance No. 011, 2002, further provided that if additional private
contributions were raised prior to completion of final design for the Studio Ice Rink, City staff
would return to the City Council to request that additional private donations be appropriated for the
project, and to request that the City Council approve the increased project cost and expenditure of
the additional $206,502 in order to provide for enhancement of the quality of the project using the
additional BCC and privately donated funds; and
WHEREAS,staff has determined that the additional funds in the total amount of $264,746,
if available, will fund a number of enhancements to the Studio Ice Rink, including replacement of
lost parking spaces by completion of new parking improvements,and the addition of rental lockers,
a divider curtain and furnishings for the conditioning/meeting room, and spot lighting for the Art
in Public Places artwork for the facility; and
WHEREAS,Under Article V,Section 10 of the 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 to another fund of capital
project account provided that the purpose for which the transferred funds are to be expended remains
unchanged 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, pursuant to Section 23-304 of the City Code, one percent (1%) of the funds
appropriated for the construction of capital projects should be set aside in the Art in Public Places
Reserve account in the Cultural Services and Facilities Fund, for use in the acquisition or leasing
of works of art,maintenance,repair or display of works of art, and administrative expenses related
to the Art in Public Places Guidelines adopted by Council in Ordinance No. 47, 1998; and
WHEREAS,Article V,Section 9,of the Charter of the City of Fort Collins permits the City
Council to make supplemental appropriations by ordinance at any time during the fiscal year,
provided that the total amount of such supplemental appropriations,in combination with all previous
appropriations for that fiscal year,does not exceed the then current estimate of actual and anticipated
revenues to be received during the fiscal year; and
WHEREAS,City staff has determined that the appropriation of the additional private sector
contributions to be added with the previously appropriated BCC funds will not cause the total
amount appropriated in the relevant funds to exceed the current estimate of actual and anticipated
revenues to be received during the fiscal year; and
WHEREAS,it is the desire of the City Council to appropriate the sum of$58,244 in private
sector funding, upon receipt from Twice the Ice, to be used with existing appropriations, totaling
$206,502, to complete improvements associated with the construction of the Studio Ice Rink at
EPIC,approve a new total project cost of the Studio Ice Rink of$4,197,181,in order to provide for
enhancement of the quality of the project,and to provide funding for the City's Art in Public Places
program by authorizing the transfer of$2,647 from the Capital Projects Fund Building Community
Choices -EPIC Second Sheet of Ice capital project to the Art in Public Places Reserve Account in
the Cultural Services and Facilities Fund.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby determines that the total estimated cost of the
Studio Ice Rink is Four Million One Hundred Ninety-Seven Thousand, One Hundred and Eighty-
One Dollars ($4,197,181).
Section 2. That the supplemental funding, or in-kind contributions, for the Studio Ice
Rink from the private sector,having a value of at least 22%of the estimated cost of the project,must
be received prior to expenditure of the previously appropriated additional BCC funds in the amount
of$206,502.
Section 3. That there is hereby appropriated for expenditure from unanticipated revenue
in the Capital Projects Fund Building Community Choices - EPIC Second Sheet of Ice capital
project the sum of FIFTY-EIGHT THOUSAND TWO HUNDRED FORTY-FOUR DOLLARS
($58,244), upon receipt, from private sector contributions thereon to be used with existing
appropriations to complete improvements associated with the construction of the Studio Ice Rink
at EPIC.
Section 4. That the unexpended appropriated amount of TWO THOUSAND SIX
HUNDRED FORTY-SEVEN DOLLARS($2,647)is hereby authorized for transfer from the Capital
Projects Fund Building Community Choices -EPIC Second Sheet of Ice capital project to the Art
in Public Places Reserve Account in the Cultural Services and Facilities Fund, and appropriated
therein, to be used for art associated with the completion of improvements to the Studio Ice Rink
at EPIC.
Introduced, considered favorably on first reading, this 25th day of March, A.D. 2003, and
to be presented for final passage on the 1 st day of April, A.D. 2003.
Mayor
ATTEST:
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City Clerk '17
Passed and adopted on final reading this 1st day of April, A.D. 290.
Mayor
ATTEST:
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City Clerk