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HomeMy WebLinkAbout024 - 03/16/2010 - APPROPRIATING PRIOR YEAR RESERVES IN THE CAPITAL EXPANSION FUND FOR THE RENOVATION OF THE NEW REGION ORDINANCE NO. 024, 2010 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE CAPITAL EXPANSION FUND FOR THE RENOVATION OF THE NEW REGIONAL CROSSROADS SAFEHOUSE WHEREAS, Crossroads Safehouse ("Crossroads") is a private, non-profit corporation in the City that provides services which promote a safer community, thereby serving a valuable public purpose; and WHEREAS, in the fall of 2009, Crossroads requested assistance from the City in funding the renovation of its new, expanded domestic violence shelter; and WHEREAS, City Council discussed this request during the 2010-2011 City budget process and directed the City Manager to investigate funding options and make a recommendation; and WHEREAS, the present Crossroads facility was purchased by the City in 1979 for a purchase price of$90,000, which purchase was wholly funded with CDBG funds; and WHEREAS, additional CDBG funds in the approximate amount of $6,300 were expended in 1979 for repairs to the building and, from the years 1984 through 2007, CDBG funds in the approximate amount of $570,000 were expended toward the making of improvements to the building; and WHEREAS, the Department of Housing and Urban Development ("HUD") regulations provide that any real property under the City's control that was acquired with CDBG funds in excess of $25,000 must either be used to meet national objectives until five years after the expiration of the most recent grant agreement, or if not used to meet national objectives, then the City must pay the City's CDBG fund as program income the amount equal to the current value of the property; and WHEREAS, under the HUD regulations, there is no payment required to be made from the City into the City's CDBG fund after the five year period following expiration of the most recent grant agreement; and WHEREAS, the City has conducted an appraisal of the Crossroads property which appraisal has determined that the property presently would only generate a purchase price of approximately $556,000; and WHEREAS, the appraiser anticipates that, by 2014, the property may be valued at as much as $1,160,000; and WHEREAS, the most recent CDBG grant agreement was closed out in 2009 and, by September 2014, five years will have elapsed since the most recent grant agreement so that, in 2014, the City would likely be able to realize a significant beneficial gain in value; and WHEREAS, for the foregoing reasons, it wold not be in the best interests of the City to immediately offer the Crossroads facility for sale; and WHEREAS, staff therefore recommends that $350,000 be appropriated from other sources for the renovation of the new regional Crossroads facility, pending the eventual sale of the present Crossroads facility; and WHEREAS, $350,000 could be made available in the Capital Improvement Expansion Fee fund prior year reserve that are presently committed to Police Services, and the expenditure' of such funds for the proposed Crossroads facility would be consistent with the mission of Police .Services; and WHEREAS, the Colorado Supreme Court in the case of Barber v. State, has determined that funds raised for special purposes by governmental entities in Colorado may be used for purposes other than those originally intended if such use of the funds is determined to be necessary by the legislative body by reason of a revenue shortfall; and WHEREAS, in recent years, the City has, in fact, experienced severe revenue shortfalls that have necessitated reductions in the City work force and required the elimination or paring back of various City services; and WHEREAS, accordingly, under this ruling of the Colorado Supreme Court, the City's Capital Improvement Expansion Fee funds can be used to support the valid public purpose served by Crossroads as a component of the City's interest in promoting a safe community; and. WHEREAS, the City's contribution of $350,000 would be contingent on Crossroads obtaining commitments from other funding sources for 90% of the total funding needed for the capital renovation of the Crossroads facility prior to beginning the construction; and WHEREAS, Article V, Section 9 of the City 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 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds that the appropriation of funds as authorized by this Ordinance serves an important public purpose and is in the best interests of the health, safety and welfare of the residents of the City. Section 2. That there is hereby appropriated for expenditure from prior year reserves in the Capital Expansion Fund the sum of THREE HUNDRED FIFTY THOUSAND DOLLARS ($350,000) for the renovation of the new regional Crossroads facility, provided, however, that the provision of such funding to Crossroads shall be contingent upon the City's receipt of -2- evidence in a form satisfactory to the City Manager, that Crossroads has obtained commitments from other funding sources for 90% of the total funding needed for the capital renovation of the Crossroads facility prior to beginning construction of the facility. Section 3. That this appropriation from prior year reserves in the Capital Improvement Expansion Fund is hereby determined by the City Council to promote a valid public purpose in that it helps to establish a safer community by providing facilities for those persons who are victims of relationship abuse, all of which serves the mission of Fort Collins Police Services and protects the public health, safety and welfare. Introduced, considered favorably on first reading, and ordered published this 2nd day of March, A.D. 2010, and to be presented for final passage 4thelay of March, A.D. 2010. ATTEST: City`Clerk Passed and adopted on final reading on the 16th dWofh, A.D. 2010. Mayo ATTEST:- - City Clerk -3-