Loading...
HomeMy WebLinkAbout052 - 04/09/2001 - AUTHORIZING THE TRANSFER OF APPROPRIATIONS BETWEEN FUNDS AND APPROPRIATING PRIOR YEAR RESERVES FOR P EMERGENCY ORDINANCE NO. 52, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE TRANSFER OF APPROPRIATIONS BETWEEN FUNDS AND APPROPRIATING PRIOR YEAR RESERVES IN THE TRANSPORTATION FUND FOR PAYMENT TO THE DEVELOPER OF THE MULBERRY/LEMAY CROSSINGS PROJECT WHEREAS, on January 18, 2000, the City Council adopted Resolution 2000-21 directing staff to move forward with the construction of a roundabout at the intersection of State Highway 14 (Mulberry Street) and Lemay Avenue; and WHEREAS, to date, City Council has approved appropriations totaling $2,622,158.26 to be used toward the roundabout as follows: Colorado Department of Transportation - Congestion Mitigation & Air Quality Funds (Ord. 152, 1999) $ 1,090,000.00 Street Oversizing Fund (Ord. 152, 1999) 205,721.00 Transportation Fund (Ord. 152, 1999) 80,000.00 Developer of the Mulberry/Lemay Crossings Project (Ord. 112, 2000) 1,184,565.26 Storm Drainage (Ord. 138, 2000) 61,872.00 Total $ 2,622,158.26 WHEREAS, on February 6, 2001, the City Council adopted Resolution 2001-22, reaffirming its decision to proceed with the roundabout, and directing the City Manager to expeditiously proceed with the competitive sealed bidding process for the roundabout and to identify additional funds to be used to pay the roundabout's revised construction cost estimate of $3.85 million; and WHEREAS, on February 22, 2001, bids were opened for the roundabout, and the lowest such bid was approximately $900,000 over the City's construction cost estimate of$3.85 million; and WHEREAS, given the results of the competitive bidding process, the City Manager has recommended that the City not proceed with the construction of the roundabout, and the City Council agrees with this recommendation; and WHEREAS, on June 22, 2000, the City entered into an agreement with Fort Collins Partners 1, LLC, the developer of the Mulberry/Lemay Crossings PUD (the "Developer"), under which the Developer paid to the City the sum of $1,184,565.26, which amount represented the estimated cost of the conventional intersection improvements at the Mulberry/Lemay intersection ($984,565.26) plus an additional amount of $200,000.00 to partially defray the cost of a pedestrian bridge across the Poudre River; and WHEREAS, in view of the escalating costs of the roundabout, the City has reached a new agreement with the Developer to complete the conventional intersection improvements, rather than the roundabout, at Mulberry Street and Lemay Avenue; and WHEREAS, the cost of the conventional intersection improvements for Mulberry and Lemay has also increased substantially as compared to the cost estimate that was used in calculating the Developer's share of the construction costs of the roundabout; and WHEREAS, the City has agreed to pay 40% of said cost increase, with the Developer to pay 60% of the same; and WHEREAS, the City' share of the aforementioned increase totals $278,174, and is available from prior year reserves in the Transportation Fund; and WHEREAS, the City needs to repay the Developer the amount previously paid into escrow by the Developer for the construction of the roundabout ($984,565.26), plus interest earned on said amount through April 8, 2001 ($32,294) and to also pay to the Developer the above-referenced $278,174; and WHEREAS, it is critical that the above-referenced conventional intersection improvements be constructed as expeditiously as possible and concurrently with the completion of the Mulberry/Lemay Crossings PUD because of the substantial traffic that is expected to accompany the completion of said project; and WHEREAS, Article V, Section 29 of the Charter of the City of Fort Collins (the "Charter") requires that all city improvements are bonded and submitted to a competitive bidding process resulting in award to the lowest responsible bidder of a competitive proposal process; provided, however, that the Council may, by ordinance, authorize the Purchasing Agent to exempt improvements from the competitive bidding and competitive proposal processes; and WHEREAS, Section 8-161(b) of the City Code requires that any such emergency purchases shall not exceed commercially reasonable prices; and WHEREAS, the City Manager has determined that the City's share of the cost of the conventional intersection improvements is commercially reasonable, given the complex nature of the improvements and the need to expedite the completion of the same; and WHEREAS, Article H, Section 6, of the Charter allows the City Council to pass an emergency ordinance upon the affirmative vote of at least five members of the City Council; and WHEREAS, Article V, Section 9, of 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 2 WHEREAS, Article V, Section 10, of the Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered amount or portion thereof from one fund or capital project to another fund or capital project, provided that the purpose for which the funds were initially appropriated no longer exists. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City's Purchasing Agent is hereby authorized to exempt the conventional intersection improvements to the Mulberry/Lemay intersection from the City's competitive bidding and competitive proposal process in order to expedite said project and limit any potential additional costs to the City and/or safety hazards at said intersection. Section 2. That the unexpended appropriated amount, totaling NINE HUNDRED EIGHTY-FOUR THOUSAND FIVE HUNDRED SIXTY-FIVE DOLLARS AND TWENTY- SIX CENTS ($984,565.26) is hereby authorized for transfer from the State Highway 14 & Lemay Avenue Intersection project in the Transportation Fund to the Service Area Administration program in the Transportation Fund, and appropriated therein, to be used along with existing appropriations in the Transportation Fund, in the amount of $32,294, to repay the Developer its previously escrowed share of the costs of the proposed roundabout, with interest. Section 3. That there is hereby appropriated from prior year reserves in the Transportation Fund the sum of TWO HUNDRED SEVENTY-EIGHT THOUSAND ONE HUNDRED SEVENTY-FOUR DOLLARS ($278,174) to be used to pay the Developer the City's share of the increase in costs associated with the conventional intersection improvements to be constructed at the intersection of Mulberry and Lemay Avenue. Section 4. That the immediate adoption of this Ordinance is necessary to preserve, protect, and advance the general welfare of the residents of the City of Fort Collins, and the Council hereby determines that an emergency exists in order to minimize any further delay in the construction of the conventional intersection improvements to be constructed at the intersection of Mulberry and Lemay Avenue and to avoid any additional cost to the City that could result from such delay. Section 5. That the circumstances described above require the immediate passage of this Ordinance, and this Ordinance is therefore enacted pursuant to Article H, Section 6, of the Charter of the City of Fort Collins as an emergency ordinance and shall be effective upon its passage. 3 Introduced, considered favorably by seven (7) members of the Council of the City of Fort Collins and finally passed as an Emergency Ordinance and ordered published this 9th day of April, A.D. 2001. o` f i Mayor ATTEST: City Clerk 4