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HomeMy WebLinkAbout094 - 09/02/2008 - APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND FOR REPAYMENT TO LARIMER COUNTY FOR THE COUNTY - r__ ORDINANCE NO. 094, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND FOR REPAYMENT TO LARIMER COUNTY FOR THE COUNTY'S CONTRIBUTION TOWARD THE FORT COLLINS, COLORADO DOWNTOWN DEVELOPMENT AUTHORITY'S SHARE OF FINANCING THE CIVIC CENTER PARKING STRUCTURE WHEREAS, on June 17, 1997, the Council adopted Resolution 1997-091, authorizing an Intergovernmental Agreement by and among the City of Fort Collins, Colorado, the County of Larimer,Colorado(the"County")and the Fort Collins,Colorado Downtown Development Authority (the "DDA"), which was signed and became effective on July 3, 1997 (the "IGA"); and WHEREAS, the City Council has, by adopting Ordinance No. 128, 1998, authorized the issuance of Lease Certificates of Participation Series 1998 in the amount of$17,210,000, of which $6,920,000 is attributable to the Civic Center Parking Structure (the "Parking Structure"); and WHEREAS,on August 18, 1998,the Council adopted Resolution 1998-119 terminating the IGA and authorizing a new one for the same purpose (the "Updated IGA"); and WHEREAS,pursuant to the Updated IGA,the County paid the City$4,344,000 for its share of the development and construction of the Civic Center Parking Structure($3,070,000), as well as half of the annual debt service assigned to the DDA from 2007 until the related financing would be completely paid off in 2018 ($1,274,000); and WHEREAS,in 1998 when the Updated IGA was approved,the DDA was expected to sunset prior to the full payment of the Civic Center Parking Structure debt service; and WHEREAS, on May 14, 2008, the Colorado legislature passed Senate Bill 170, amending Title 31,Article 25, Section 807 of the Colorado statutes by extending the period of time downtown development authorities may utilize tax increment financing("TIF"); and WHEREAS,on August 19, 2008 City Council adopted such an ordinance on First Reading (Ordinance No. 101, 2008); and WHEREAS, with the extension of the TIF, the DDA will continue to pay its share of the Parking Structure debt service and the County should be repaid for its initial contribution in 1998; and WHEREAS, the City will need to repay the County approximately $186,100 per year contribution and the combined payment for 2007 and 2008 will be $372,200; and WHEREAS, these funds are available from the General Fund prior year reserves; and WHEREAS, Article V, Section 9,of the Charter of the City of Fort Collins permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as 1 may be available from reserves accumulated in prior years,notwithstanding that such reserves were not previously appropriated. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that there is hereby appropriated for expenditure from General Fund prior year reserves the sum of THREE HUNDRED SEVENTY-TWO THOUSAND TWO HUNDRED DOLLARS ($372,200),for repayment to the County for the County's contribution to financing the Civic Center Parking Structure. 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 day of September, A.D. 2008. May ATTEST: City Clerk Passed and adopted on final reading on the 2nd day of Se ber, A.D. 2008. 1 Mayor ATTEST: City Clerk