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Home My WebLink AboutMINUTES-02/05/1985-AdjournedADJOURNED MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO February 5, 1985 6:00 p.m. An adjourned meeting of the Council of the City of Fort Collins was held on Tuesday, February 5, 1985, at 6:00 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: .Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Staff Members Present: Arnold, Huisjen, Krajicek, Lewis Executive Session Authorized Councilmember Clarke made a motion, seconded by Councilmember Ohlson, to adjourn into Executive Session to discuss legal matters. Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Transportation Utility Fee At the conclusion of the Executive Session, Mayor Horak noted the Executive Session topic had been the Transportation Utility Fee (TUF). City Manager Arnold read a letter dated January 22, 1985 received from the law firm of Harden, Schmid and Haas referencing the TUF. The letter found the TUF to be a tax rather than a fee and requested the City cease its assessment or collection. The letter stated a class action suit would be initiated to compel the City to cease assessment or collection if the City did not do so voluntarily. City Attorney Huisjen noted he had met with the churches and the attorneys involved and had reviewed the legal issues. He stated the City's position was adequately maintained by the law, and was defensible. Therefore, the TUF should remain as a utility fee since it is rational, equitable, and has legal basis for the imposition of the fee and the establishment of the structure to collect the fee by this method. -54- Councilmember Elliott made a motion, seconded by Councilmember Ohlson, that the City pursue the appropriate legal defense for the imposition of the TUF and that the City continue to assess and collect the fee. Yeas: Council - members Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Adjournment Councilmember Knezovich made a motion, seconded by Councilmember Stoner, to adjourn the meeting. Yeas: Councilmembers Clarke, Elliott, Horak, Knezo- vich, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. The meeting adjourned at 6:35 p.m. Mayor ATTEST: City Clerk -55-