HomeMy WebLinkAbout078 - 09/02/2008 - APPROPRIATING UNANTICIPATED REVENUE AND AUTHORIZING THE TRANSFER OF EXISTING APPROPRIATIONS FROM THE ORDINANCE NO. 078, 2008
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED REVENUE AND
AUTHORIZING THE TRANSFER OF EXISTING APPROPRIATIONS
FROM THE GENERAL FUND TO THE CAPITAL PROJECTS FUND
FOR THE 1-25 AND SH392 INTERCHANGE AND IMPROVEMENTS PROJECT
WHEREAS, the Interstate 25 and State Highway 392 Interchange ("Interchange"),
located at Exit 262, borders the western edge of the Town of Windsor ("Town") and the
southeastern limits of the City of Fort Collins ("City"); and
WHEREAS, the Interchange is an integral part of the regional transportation network;
and
WHEREAS, in recent years, the capacity of the Interchange has been significantly
impacted by state and regional growth, as well as local growth in Windsor and southeast Fort
Collins, so that the Interchange is unable to handle current traffic capacity during peak hours;
and
WHEREAS, the Interchange is characterized by numerous design and operational
deficiencies and substandard safety features; and
WHEREAS, accelerating the improvement of the Interchange requires obtaining
approval from the Colorado Department of Transportation ("CDOT"), North Front Range
Transportation and Air Quality Planning Council ("NFR-MPO") and the Federal Highway
Works Administration("FHWA"); and
WHEREAS, the City and Town are jointly applying to CDOT and FHWA for a
determination that a Separate Action from the Northern Colorado Interstate 25 Corridor
environmental impact statement is justified(the"JSA"); and
WHEREAS, the City and Town are also seeking approval for improvements to the
Interchange through the CDOT 1601 Interchange Approval Process (the "1601 Process"); and
WHEREAS, pursuant to Resolution 2008-030, the City Council agreed to enter into an
agreement with the Town and Metro Acquisitions, LLC (the "Developer") to share costs and
responsibilities in applying for the JSA and 1601 Process (the "Cost Sharing Agreement"); and
WHEREAS, under the Cost Sharing Agreement, the Town and the City will each
contribute twenty five percent (25%), and the Developer will contribute fifty percent (50%) of
the costs for the RSA and CDOT's 1601 Interchange Approval Process (the "1601 Process");
and
WHEREAS, concurrently with the passage of this Ordinance, the City Council is
considering Resolution 2008-58 which would maintain the percentages in the Cost Sharing
Agreement but increase the maximum cost to more accurately align with the estimate to perform
the work required by the applications for the JSA and 1601 Process; and
WHEREAS, City staff has received proposals and identified the costs associated with the
JSA and 1601 Process to be $214,759; and
WHEREAS, the estimated amount to be received from the Developer is $107,380; and
WHEREAS, the City's estimated portion of the cost is $53,690, with available funds
identified from existing appropriations in the Non-Departmental Contingency account of the
General Fund; 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 current estimate of actual and
anticipated revenues to be received during the fiscal year; and
WHEREAS, City staff have determined that the appropriation of the revenue as
described herein will not cause the total amount appropriated in the Capital Projects Fund to
exceed the current estimate of actual and anticipated revenues to be received in that fund during
any fiscal year; and
WHEREAS, Article V, Section 10, of the Charter authorizes the City Council to transfer
by ordinance any unexpected and unencumbered appropriated amount or portion thereof from
one fund to another fund, provided that the purpose for which the transferred funds are to be
expended remains unchanged.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That there is hereby appropriated for expenditure from unanticipated
revenue in the Capital Projects Fund - I-25 and SH 392 Interchange and Improvements Project,
the sum of ONE HUNDRED SEVEN THOUSAND THREE HUNDRED EIGHTY DOLLARS
($107,380) representing a payment from the Developer to be used for the Justification for
Separate Action and the 1601 Process.
Section 2. That the unexpended appropriated amount of FIFTY THREE
THOUSAND SIX HUNDRED NINETY DOLLARS ($53,690) is hereby authorized for transfer
from the General Fund to the Capital Projects Fund — 1-25 and SH 392 Interchange and
Improvements Project for appropriation therein to be used for the Justification for Separate
Action and the 1601 Study.
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Introduced, considered favorably on first reading, and ordered published this 19th day of
August, A.D. 2008, and to be presented for final passage on the 2nd day of September, A.D.
2008.
Mayor
ATTEST:
LL )k
City Clerk
Passed and adopted on final reading on the 2nd day of ember, A.D. 2008.
Mayor
ATTEST:
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City Clerk
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