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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/17/2010 - RESOLUTION 2010-058 AMENDING RESOLUTION 2010-047 S DATE: August 17, 2010 STAFF: Darin Atteberry _ Mike Freeman Resolution 2010-058 Amending Resolution 2010-047 Submitting To The Registered Electors Of The City A Proposed .85% Increase In The City's Sales And Use Tax Rate On All Non-Exempt Taxable Items, To Be Used For Certain Specified Purposes. EXECUTIVE SUMMARY On July 27, 2010, the City Council approved Resolution 2010-047 submitting to the registered electors of the City a proposed .85%increase in the City's sales and use tax rate on all non-exempt taxable items. Since the July meeting, there has been significant feedback provided by the business community regarding the advisability of applying the additional .85% use tax increase on manufacturing equipment, should the voters pass the proposed tax increase in November. This resolution would amend the ballot language to exempt manufacturing equipment from the additional .85%. I BACKGROUND / DISCUSSION The Fort Collins.City Council passed a resolution setting ballot language seeking voter approval fora .85% increase in the sales and use tax rate. The election is scheduled for November 2, 2010. The City currently has a use tax rebate program on manufacturing equipment for qualifying manufacturers. The program was set up to recognize the need for furthering economic development by providing incentives, including tax relief, to local manufacturers. Because of the important role that local manufacturers play in promoting the overall economic health of the City, the City Council wishes to further respond to this community concern by amending the tax measure to exempt from the proposed .85%use tax increase all manufacturing equipment, as defined in Section 25-63 of the City Code, that is used, stored, distributed or consumed in the City. FINANCIAL/ ECONOMIC IMPACTS This proposed change in the ballot language will result in approximately$200,000-$400,000 less in overall revenue compared with the original sales and use tax increase resulting from a .85% increase previously discussed. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. PUBLIC OUTREACH No specific public outreach was conducted, however, the staff is proposing this change to the ballot language based on the concerns expressed by the local business community. RESOLUTION 2010-058 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING RESOLUTION 2010-047 SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY A PROPOSED . 85% INCREASE IN THE CITY ' S SALES AND USE TAX RATE ON ALL NON-EXEMPT TAXABLE ITEMS , TO BE USED FOR CERTAIN SPECIFIED PURPOSES WHEREAS , on July 27, 2010, the City Council approved Resolution 2010-047 submitting to the registered electors of the City a proposed . 85 % increase in the City' s sales and use tax rate on all non-exempt taxable items, to be used for certain specified purposes ; and WHEREAS , since the adoption of such resolution, various members of the business community have expressed concern about the impact that an increase in the amount of use tax imposed on manufacturing equipment may have on local manufacturers and their ability to contribute to the City ' s recovery from the current economic downturn; and WHEREAS , through its existing use tax rebate program on manufacturing equipment for qualifying manufacturers, the City already acknowledges the need for furthering economic development by providing incentives, including tax relief, to local manufacturers ; and WHEREAS , because of the important role that local manufacturers play in promoting the overall economic health of the City, the City Council wishes to respond to this community concern by amending the tax measure to exempt from the proposed . 85 % use tax increase all manufacturing equipment, as defined in Section 25 -63 of the City Code, that is used, stored, distributed or consumed in the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS AS FOLLOWS : Section 1 . That the question to be submitted to the registered electors of the City pursuant to Resolution 2010-047 is hereby amended so as to read in its entirety as follows : SHALL CITY OF FORT COLLINS TAXES BE INCREASED BY AN ESTIMATED $+879$ 18 . 7 MILLION FOR THE FIRST FULL FISCAL YEAR (2011 ), AND BY SUCH AMOUNTS AS MAY BE GENERATED ANNUALLY THEREAFTER, BY INCREASING THE RATE OF THE CITY SALES AND USE TAX FROM 3 . 00% TO 3 . 85 % ON COMMENCING JANUARY 1 , 20111 AND ENDING AT MIDNIGHT ON DECEMBER 31 , 20209 WITH ALL REVENUE GENERATED THEREFROM TO BE SPENT AS FOLLOWS : • 33 % FOR STREET MAINTENANCE AND REPAIR; • 17% FOR OTHER STREET AND TRANSPORTATION NEEDS ; • 17% FOR POLICE SERVICES ; • 11 % FOR FIRE PROTECTION AND OTHER EMERGENCY SERVICES ; • 11 % FOR PARKS MAINTENANCE AND RECREATION SERVICES ; AND • 11 % FOR COMMUNITY PRIORITIES OTHER THAN THOSE LISTED ABOVE, AS DETERMINED BY THE CITY COUNCIL, PROVIDED THAT THIS INCREASE IN THE SALES AND USE TAX SHALL NOT APPLY TO ITEMS THAT ARE EXEMPT FROM TAXATION UNDER THE CITY CODE, SUCH AS FOOD AND PRESCRIPTION DRUGS , AND THAT THE INCREASE IN THE USE TAX SHALL NOT APPLY TO MANUFACTURING EQUIPMENT, AND FURTHER PROVIDED THAT THE CITY MANAGER SHALL ANNUALLY REPORT TO THE CITY COUNCIL ON THE PURPOSES FOR WHICH THE REVENUES FROM THE TAX INCREASE HAVE BEEN DESIGNATED OR USED IN THE PRECEDING CALENDAR YEAR AND THE COST SAVING MEASURES THAT WERE UNDERTAKEN BY THE CITY IN SUCH YEAR, AND FURTHER PROVIDED THAT THE FULL REVENUES DERIVED FROM THE TAX, AND ANY INVESTMENT EARNINGS THEREON, MAY BE RETAINED AND EXPENDED BY THE CITY FOR SUCH PURPOSES, NOTWITHSTANDING ANY STATE REVENUE OR EXPENDITURE LIMITATIONS INCLUDING BUT NOT LIMITED TO ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? YES NO Section 2 . That in all other respects Resolution 2010- 047 shall remain in full force and effect. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 17th day of August A.D . , 2010 . Mayor ATTEST : City Clerk -3 -