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HomeMy WebLinkAboutMemo - Read Before Packet - 08/19/2025 - Memorandum from Delynn Coldiron re Revisions to Ballot Language – Agenda Items #25 and #26 1 Memorandum Date: August 19, 2025 To: Mayor and City Councilmembers Through: Kelly DiMartino, City Manager Rupa Venkatesh, Assistant City Manager From: Delynn Coldiron, City Clerk, City Clerk’s Office, dcoldiron@fcgov.com Subject: Revisions to Ballot Language – Agenda Items #25 and #26 The purpose of this memo is to update parts of Resolutions #2025-0077 and #2025-77 to reduce the number of words in the ballot items that Council will consider during tomorrow night’s Council meeting. Per the election Intergovernmental Agreement with the County, it was requested that ballot submissions were limited to 250 words. As staff has been working with the County, it became even more important for this election since there are so many ballot items. The edits remove words that are not necessary for the content of the ballot questions, so they also help simplify the wording and may improve readability. Council will be asked to adopt the August 18th version of each of these Resolutions, together with any amendments that Council may add. The agenda has been republished to ensure these new versions are included. Attached are both a redline/strikeout version and the final version for Council’s consideration. Please let the City Clerk know if there are any questions or concerns. Attachments 1. Attachment A – New Resolution 077, 2025 with redlines 2. Attachment B – New Resolution 077, 2025 FINAL 3. Attachment C – New Resolution 078, 2025 with redlines 4. Attachment D – New Resolution 078-2025 FINAL CC: Ginny Sawyer, Senior Project Manager Docusign Envelope ID: 6432095E-FC8E-4715-893C-B5A09C3B1C44 2 Caleb Weitz, Chief Financial Officer Joe Wimmer, Utilities Finance Director Docusign Envelope ID: 6432095E-FC8E-4715-893C-B5A09C3B1C44 -1- RESOLUTION 2025-077 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY A PROPOSED ORDINANCE EXTENDING THE EXPIRING TWENTY-FIVE HUNDREDTHS PERCENT (0.25%) “COMMUNITY CAPITAL IMPROVEMENT PROGRAM” CAPITAL PROJECTS SALES AND USE TAX FOR A PERIOD OF TEN YEARS FOR THE PURPOSE OF OBTAINING REVENUE FOR CAPITAL PROJECTS AND RELATED OPERATION AND MAINTENANCE A. The City of Fort Collins has enacted a comprehensive sales and use tax, which enactment is codified in Chapter 25, Article III of the Code of the City of Fort Collins (the “Code”). B. The amount of such tax presently imposed by the Code, as contained in Code Section 25-75(a)(3), includes a twenty-five hundredths percent (0.25%) tax, which does not apply to food for home consumption (“groceries”), to generate revenue for the construction of certain capital projects as identified in Ordinance No. 013, 2015, which Ordinance was approved by City voters on April 7, 2015, and which projects were approved by the City Council in accordance with the provisions of said Ordinance (the “Existing Tax”). C. For four decades, the revenue generated by such 0.25% tax has been an essential tool to support expanded City facilities and infrastructure to serve the needs of the community. D. The Existing Tax will expire at midnight at the end of December 31, 2025. E. City Council believes it would be in the best interests of the City’s citizens to extend the Existing Tax for an additional ten-year period to generate additional revenues for purposes similar to those for which the Existing Tax was originally imposed. F. Under Article X, Section 20 of the Colorado Constitution, any such extension requires a vote of the people. G. City Council has reviewed a variety of proposed capital projects and the operation and maintenance needs for some of those projects and has identified certain of the projects which it believes are necessary for the ongoing provision of City services. H. The purpose of this Resolution is to exercise the Council's authority under Article X, Section 3 of the City Charter to submit to a vote of the people the question of extending the Existing Tax for a period of ten years for the purpose of funding the planning, design, real property acquisition, construction, and operation and maintenance for these necessary capital projects. Docusign Envelope ID: 6432095E-FC8E-4715-893C-B5A09C3B1C44 -2- In light of the foregoing recitals, which the Council hereby makes and adopts as determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. There is hereby referred to the registered voters of the City at the next regular City election to be held on November 4, 2025, the question of whether the following ordinance should be adopted: (PROPOSED) VOTER-APPROVED ORDINANCE NO. 003, 2025 OF THE COUNCIL OF THE CITY OF FORT COLLINS EXTENDING THE EXPIRING TWENTY-FIVE HUNDREDTHS PERCENT (0.25%) “COMMUNITY CAPITAL IMPROVEMENT PROGRAM” CAPITAL PROJECTS SALES AND USE TAX FOR A PERIOD OF TEN YEARS FOR THE PURPOSE OF OBTAINING REVENUE FOR CAPITAL PROJECTS AND RELATED OPERATION AND MAINTENANCE A. The City of Fort Collins has enacted a comprehensive retail sales and use tax, which enactment is codified in Chapter 25, Article III of the Code of the City of Fort Collins (the “Code”). B. The amount of such tax presently imposed by the Code, as contained in Code Section 25-75(a)(3), includes a twenty-five hundredths percent (0.25%) tax, which does not apply to food for home consumption (“groceries”), to generate revenue for the construction of certain capital projects as identified in Ordinance No. 013, 2015, which Ordinance was approved by City voters on April 7, 2015, and which projects were approved by the City Council in accordance with the provisions of said Ordinance (the “Existing Tax”). C. For four decades, the revenue generated by such 0.25% tax has been an essential tool to support expanded City facilities and infrastructure to serve the needs of the community. D. The Existing Tax will expire at midnight at the end of December 31, 2025. E. On August 19, 2025, the City Council adopted Resolution 2025-077 identifying various projects that it believes should be funded by the extension of the Existing Tax, and submitting to the registered electors of the City the question of whether an ordinance extending the Existing Tax for a period of ten years should be enacted to obtain additional revenues for the planning, design, real property acquisition, construction, and operation and maintenance for certain capital projects. F. At a regular City election on November 4, 2025, the voters of the City of Fort Collins approved the extension of the Existing Tax for the foregoing purposes and determined that, upon the expiration of the Existing Tax, it is necessary and desirable that a twenty-five hundredths percent (0.25%) sales and use tax be imposed on all items taxable under the Code, subject to the exceptions contained in City Code Section 25- Docusign Envelope ID: 6432095E-FC8E-4715-893C-B5A09C3B1C44 -3- 73(c) and (d) and Section 25-74(b), commencing January 1, 2026, for the purpose of obtaining revenues for the planning, design, real property acquisition, and construction of the aforementioned capital projects and for the operation and maintenance of some of them. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 25-75(a)(3) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 25-75. Rate of tax. (a) The amount of tax hereby levied is four and thirty-five hundredths (4.35) percent of the purchase price of tangible personal property and taxable services except that the amount of use tax levied on manufacturing equipment is three (3) percent of the purchase price. This tax is composed of a rate of two and twenty-five hundredths (2.25) percent that does not expire and is not restricted in the use of its proceeds and the remaining rate of two and ten hundredths (2.10) percent is comprised of the following voter-approved taxes: … (3) A twenty-five one-hundredths (0.25) percent tax that expires at midnight on December 31, 20252035, the proceeds of which are to be used for the purpose of paying the costs of planning, design, real property acquisition, and construction, the capital projects specified in the "Community Capital Improvement Program" and five (5) years of operation and maintenance for those capital projects specified in Ordinance No. 013, 2015Voter- Approved Ordinance No. 003, 2025, all of which shall be subject to the terms and conditions of Ordinance No. 013, 2015Voter-Approved Ordinance No. 003, 2025; and … Section 2. That the revenue generated by the twenty-five hundredths percent (0.25%) sales and use tax imposed pursuant to this Ordinance (the “Tax”) shall be used, to the extent that such revenues are sufficient, for the planning, design, real property acquisition, construction, and operation and maintenance for the capital projects described on Exhibit “A”, attached hereto and incorporated herein by this reference (the “Projects”), subject to the following terms and conditions: (a) The design, scheduling and amount of tax revenue to be set aside for the planning, design, real property acquisition, and construction for the Projects, and the operation and maintenance for those Projects for which operation and maintenance funding is provided on Exhibit “A”, shall be determined by the City Council; provided, however, that no decision regarding the design or cost of any of these Projects shall substantially change its essential character or eliminate any of its components from that Docusign Envelope ID: 6432095E-FC8E-4715-893C-B5A09C3B1C44 -4- described on Exhibit “A”, except as expressly permitted under subsection 2(b) below, nor shall any decision fund less than five (5) years of operation and maintenance for any of the Projects for which such funding is provided for on Exhibit “A”, unless the Council has determined that such Project shall not be undertaken pursuant to subsection 2(b), below. This provision shall not be construed as prohibiting the City Council from: i. enhancing the scope or design of any of the Projects, or increasing the cost thereof, unless such enhancement or increase in cost would substantially impair the City's ability to fully fund the planning, design, real property acquisition, and construction for any of the Projects described on Exhibit “A” or the operation and maintenance for five (5) years from the date of completion of their construction for those of the Projects for which operation and maintenance funding is provided on Exhibit “A”, excepting only the Projects, if any, which have been eliminated by the City Council pursuant to the provisions of subsection (b) below; or ii. using any other revenues lawfully available to the City to enhance the scope or design of any of the Projects, or to fund, in whole or in part, the planning, design, real property acquisition, construction, operation and/or maintenance for any such Projects. (b) The planning, design, real property acquisition and construction for all of the Projects shall be undertaken and completed by the City unless the City Council determines by resolution, after receiving a recommendation from the City Manager, that it is no longer legally or financially feasible to undertake and complete any of the Projects without substantially altering the essential character of the same from that described on Exhibit “A.” (c) The Projects shall be subject to all applicable provisions in Article XII of Chapter 23, as amended, of the City Code relating to art in public places. Section 3. That any revenues generated by the Tax and remaining unexpended and unencumbered after the completion of the construction of all of the Projects described on Exhibit “A”, excluding any of these Projects eliminated by the City Council under the provisions of Section 2(b) above, may, in the discretion of the City Council, be used to fund additional operation and maintenance of the Projects or for the planning, design, real property acquisition, construction, operation and/or maintenance for any other capital project approved by the City Council. Section 4. That the full amount of revenues derived from the Tax may be retained and expended by the City, notwithstanding any state revenue or expenditure limitations including, but not limited to, those contained in Article X, Section 20 of the Colorado Constitution. Docusign Envelope ID: 6432095E-FC8E-4715-893C-B5A09C3B1C44 -5- Section 5. That the amendment of Section 25-75(a)(3) of the City Code as set forth herein shall take effect at 12:01 a.m. on January 1, 2026. Section 6. That except as provided herein, all other provisions of Chapter 25 of the City Code shall remain unchanged and in full force and effect unless otherwise rescinded or modified by action of the Council. Exhibit “A” Project Descriptions Capital Improvement 0.25% Sales Tax Program 2026-2035 Estimated Project Cost (2024 dollars) Estimated Annual Operations and Maintenance (2024 dollars) Pedestrian Sidewalk Program $14,000,000 No O&M Funds This project will provide annual funding to continue supporting the decades-long compliance program to eliminate gaps in the City’s pedestrian network and improve ADA compliance. Arterial Intersection Improvements and Streetscapes $12,000,000 No O&M Funds This project will provide an annual fund for improvements to arterial intersections and streetscape improvements as prioritized by safety improvements, multi-modal infrastructure needs, alignment with existing plans, and partnership opportunities. Bicycle Infrastructure & Overpasses/Underpasses $11,000,000 No O&M Funds This project will provide annual funding for construction of grade-separated bicycle and pedestrian crossings across roadways and for the implementation of projects identified in the Active Modes Plan, Vision Zero Plan, and that help achieve 15-minute city goals Affordable Housing Capital Fund $10,000,000 No O&M Funds This project will provide funding to assist with the development of affordable housing through community partners and public or private housing projects. Funding can be used to establish an ongoing revolving fund to provide loans at a low-interest rate Mulberry Pool Recreational Replacement Support $10,000,000 No O&M Funds This project will provide a portion of funding anticipated to be needed to replace the existing recreational facility/opportunities currently provided at Mulberry Pool. Poudre River – River Health, Access, Parks, and Trails $8,000,000 $20,000 This project will leverage Parks, Stormwater, and Natural Areas goals and projects to enhance the Poudre River and access for residents. The focus area is north of Lee Martinez Park and west of College Avenue. Composting Infrastructure $7,000,000 $20,000 This project funding will be utilized to advance and scale community-wide composting efforts and infrastructure. Docusign Envelope ID: 6432095E-FC8E-4715-893C-B5A09C3B1C44 -6- Downtown Parks Shop $5,500,000 No O&M Funds This project will provide a portion of funding for a new parks shop for maintenance crews which will result in an efficient, safe, and consolidated workspace for people, vehicles, machinery, and horticulture activities. Community Bike Park $5,000,000 $15,000 This project and funding can be utilized towards land acquisition, design, and construction of a bike park facility. Outdoor Pickleball Facilities $4,000,000 $10,000 This project creates additional outdoor stand-alone pickleball courts to help meet the growing need in the community. Nature in the City $3,000,000 No O&M Funds This project provides annual funding to protect access to nature which can include enhancing existing sites to provide native habitat and increasing species connectivity. Transfort Buses & Stops $3,000,000 No O&M Funds This project will provide annual funding to make ADA improvements and upgrades at bus stops throughout the City and will support the local match needed to replace Transfort buses over the next 10 years. Recreational Paved Trails $2,500,000 $10,000 This project will provide funding to design and construct portions of trails identified in the City’s Strategic Trails Plan. Construction Waste Diversion Equipment $2,200,000 No O&M Funds This project will replace large equipment over the next 10 years to advance construction and demolition waste and recycling/reuse goals of the City. Historic Trolley Building Renovation $2,200,000 $10,000 The project will stabilize the existing historic 1906 downtown trolley barn to a state that allows for consideration of potential programming, public-private partnership, and public utilization. Gardens on Spring Creek – Children’s Garden & Infrastructure $1,300,000 No O&M Funds This project will renovate the 20-year-old Children’s Garden to enhance learning opportunities and contribute to event infrastructure upgrades. Lee Martinez Farm Improvements $1,000,000 No O&M Funds This project will provide a shelter facility and greater ADA access throughout The Farm at Lee Martinez Park. Timberline Recycling Center Improvements $1,000,000 No O&M Funds This project will provide a fire hydrant, restroom, and enhanced safety features at the recycling center. Docusign Envelope ID: 6432095E-FC8E-4715-893C-B5A09C3B1C44 -7- Section 2. Proposed Voter-Approved Ordinance No. 003, 2025, is hereby submitted to the registered electors of the City of Fort Collins at the next regular election to be held on November 4, 2025, in substantially the following form: CITY OF FORT COLLINS BALLOT ISSUE NO. ____ A CITY-INITIATED QUESTION WITHOUT RAISING ADDITIONAL TAXES, SHALL THE CITY’S EXISTING 0.25% SALES AND USE TAX (25 CENTS ON A $100 PURCHASE) APPROVED BY THE VOTERS IN 2015 FOR CAPITAL PROJECTS BE EXTENDED FROM ITS CURRENT EXPIRATION AT THE END OF 2025, THROUGH THE END OF 2035; PROVIDED THAT REVENUE FROM THE EXTENSION OF SUCH TAX SHALL BE USED FOR PLANNING, DESIGN, REAL PROPERTY ACQUISITION, AND CONSTRUCTION OF THE FOLLOWING CAPITAL PROJECTS, AND FIVE (5) YEARS OF OPERATION AND MAINTENANCE (“O&M”) FOR CERTAIN OF THESE CAPITAL PROJECTS, ALL SUBJECT TO PROPOSED VOTER-APPROVED ORDINANCE NO. 003, 2025: • PEDESTRIAN SIDEWALK PROGRAM • ARTERIAL INTERSECTION IMPROVEMENTS AND STREETSCAPES • BICYCLE INFRASTRUCTURE & OVERPASSES/UNDERPASSES • AFFORDABLE HOUSING CAPITAL FUND • MULBERRY POOL RECREATIONAL REPLACEMENT SUPPORT • POUDRE RIVER – RIVER HEALTH, ACCESS, PARKS, AND TRAILS (WITH O&M) • COMPOSTING INFRASTRUCTURE (WITH O&M) • DOWNTOWN PARKS SHOP • COMMUNITY BIKE PARK (WITH O&M) • OUTDOOR PICKLEBALL FACILITIES (WITH O&M) • NATURE IN THE CITY • TRANSFORT BUSES & STOPS • RECREATIONAL PAVED TRAILS (WITH O&M) • CONSTRUCTION WASTE DIVERSION EQUIPMENT • HISTORIC TROLLEY BUILDING RENOVATION (WITH O&M) • GARDENS ON SPRING CREEK – CHILDREN’S GARDEN & INFRASTRUCTURE • LEE MARTINEZ FARM IMPROVEMENTS • TIMBERLINE RECYCLING CENTER IMPROVEMENTS; AND PROVIDED THAT ALL REVENUES FROM THE TAX MAY BE RETAINED AND EXPENDED BY THE CITY FOR SUCH PURPOSES, NOTWITHSTANDING ANY STATE REVENUE OR EXPENDITURE LIMITATION INCLUDING, BUT NOT LIMITED TO, ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? Docusign Envelope ID: 6432095E-FC8E-4715-893C-B5A09C3B1C44 -8- YES/FOR _____ NO/AGAINST _____ Passed and adopted on August 19, 2025. ______________________________ Mayor ATTEST: ______________________________ Sr. Deputy City Clerk Effective Date: August 19, 2025 Approving Attorney: Dianne Criswell Exhibit: None Docusign Envelope ID: 6432095E-FC8E-4715-893C-B5A09C3B1C44 UPDATED AUGUST 18, 2025 (revisions shown with redline/strikeout to be removed in final approved version) -1- RESOLUTION 2025-077 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY A PROPOSED ORDINANCE EXTENDING THE EXPIRING TWENTY-FIVE HUNDREDTHS PERCENT (0.25%) “COMMUNITY CAPITAL IMPROVEMENT PROGRAM” CAPITAL PROJECTS SALES AND USE TAX FOR A PERIOD OF TEN YEARS FOR THE PURPOSE OF OBTAINING REVENUE FOR CAPITAL PROJECTS AND RELATED OPERATION AND MAINTENANCE A. The City of Fort Collins has enacted a comprehensive sales and use tax, which enactment is codified in Chapter 25, Article III of the Code of the City of Fort Collins (the “Code”). B. The amount of such tax presently imposed by the Code, as contained in Code Section 25-75(a)(3), includes a twenty-five hundredths percent (0.25%) tax, which does not apply to food for home consumption (“groceries”), to generate revenue for the construction of certain capital projects as identified in Ordinance No. 013, 2015, which Ordinance was approved by City voters on April 7, 2015, and which projects were approved by the City Council in accordance with the provisions of said Ordinance (the “Existing Tax”). C. For four decades, the revenue generated by such 0.25% tax has been an essential tool to support expanded City facilities and infrastructure to serve the needs of the community. D. The Existing Tax will expire at midnight at the end of December 31, 2025. E. City Council believes it would be in the best interests of the City’s citizens to extend the Existing Tax for an additional ten-year period to generate additional revenues for purposes similar to those for which the Existing Tax was originally imposed. F. Under Article X, Section 20 of the Colorado Constitution, any such extension requires a vote of the people. G. City Council has reviewed a variety of proposed capital projects and the operation and maintenance needs for some of those projects and has identified certain of the projects which it believes are necessary for the ongoing provision of City services. H. The purpose of this Resolution is to exercise the Council's authority under Article X, Section 3 of the City Charter to submit to a vote of the people the question of extending the Existing Tax for a period of ten years for the purpose of funding the planning, design, real property acquisition, construction, and operation and maintenance for these necessary capital projects. Docusign Envelope ID: 6432095E-FC8E-4715-893C-B5A09C3B1C44 UPDATED AUGUST 18, 2025 (revisions shown with redline/strikeout to be removed in final approved version) -2- In light of the foregoing recitals, which the Council hereby makes and adopts as determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. There is hereby referred to the registered voters of the City at the next regular City election to be held on November 4, 2025, the question of whether the following ordinance should be adopted: (PROPOSED) VOTER-APPROVED ORDINANCE NO. 003, 2025 OF THE COUNCIL OF THE CITY OF FORT COLLINS EXTENDING THE EXPIRING TWENTY-FIVE HUNDREDTHS PERCENT (0.25%) “COMMUNITY CAPITAL IMPROVEMENT PROGRAM” CAPITAL PROJECTS SALES AND USE TAX FOR A PERIOD OF TEN YEARS FOR THE PURPOSE OF OBTAINING REVENUE FOR CAPITAL PROJECTS AND RELATED OPERATION AND MAINTENANCE A. The City of Fort Collins has enacted a comprehensive retail sales and use tax, which enactment is codified in Chapter 25, Article III of the Code of the City of Fort Collins (the “Code”). B. The amount of such tax presently imposed by the Code, as contained in Code Section 25-75(a)(3), includes a twenty-five hundredths percent (0.25%) tax, which does not apply to food for home consumption (“groceries”), to generate revenue for the construction of certain capital projects as identified in Ordinance No. 013, 2015, which Ordinance was approved by City voters on April 7, 2015, and which projects were approved by the City Council in accordance with the provisions of said Ordinance (the “Existing Tax”). C. For four decades, the revenue generated by such 0.25% tax has been an essential tool to support expanded City facilities and infrastructure to serve the needs of the community. D. The Existing Tax will expire at midnight at the end of December 31, 2025. E. On August 19, 2025, the City Council adopted Resolution 2025-077 identifying various projects that it believes should be funded by the extension of the Existing Tax, and submitting to the registered electors of the City the question of whether an ordinance extending the Existing Tax for a period of ten years should be enacted to obtain additional revenues for the planning, design, real property acquisition, construction, and operation and maintenance for certain capital projects. F. At a regular City election on November 4, 2025, the voters of the City of Fort Collins approved the extension of the Existing Tax for the foregoing purposes and determined that, upon the expiration of the Existing Tax, it is necessary and desirable that a twenty-five hundredths percent (0.25%) sales and use tax be imposed on all items taxable under the Code, subject to the exceptions contained in City Code Section 25- Formatted: Font: 12 pt Docusign Envelope ID: 6432095E-FC8E-4715-893C-B5A09C3B1C44 UPDATED AUGUST 18, 2025 (revisions shown with redline/strikeout to be removed in final approved version) -3- 73(c) and (d) and Section 25-74(b), commencing January 1, 2026, for the purpose of obtaining revenues for the planning, design, real property acquisition, and construction of the aforementioned capital projects and for the operation and maintenance of some of them. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 25-75(a)(3) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 25-75. Rate of tax. (a) The amount of tax hereby levied is four and thirty-five hundredths (4.35) percent of the purchase price of tangible personal property and taxable services except that the amount of use tax levied on manufacturing equipment is three (3) percent of the purchase price. This tax is composed of a rate of two and twenty-five hundredths (2.25) percent that does not expire and is not restricted in the use of its proceeds and the remaining rate of two and ten hundredths (2.10) percent is comprised of the following voter-approved taxes: … (3) A twenty-five one-hundredths (0.25) percent tax that expires at midnight on December 31, 20252035, the proceeds of which are to be used for the purpose of paying the costs of planning, design, real property acquisition, and construction, the capital projects specified in the "Community Capital Improvement Program" and five (5) years of operation and maintenance for those capital projects specified in Ordinance No. 013, 2015Voter- Approved Ordinance No. 003, 2025, all of which shall be subject to the terms and conditions of Ordinance No. 013, 2015Voter-Approved Ordinance No. 003, 2025; and … Section 2. That the revenue generated by the twenty-five hundredths percent (0.25%) sales and use tax imposed pursuant to this Ordinance (the “Tax”) shall be used, to the extent that such revenues are sufficient, for the planning, design, real property acquisition, construction, and operation and maintenance for the capital projects described on Exhibit “A”, attached hereto and incorporated herein by this reference (the “Projects”), subject to the following terms and conditions: (a) The design, scheduling and amount of tax revenue to be set aside for the planning, design, real property acquisition, and construction for the Projects, and the operation and maintenance for those Projects for which operation and maintenance funding is provided on Exhibit “A”, shall be determined by the City Council; provided, however, that no decision regarding the design or cost of any of these Projects shall substantially change its essential character or eliminate any of its components from that Docusign Envelope ID: 6432095E-FC8E-4715-893C-B5A09C3B1C44 UPDATED AUGUST 18, 2025 (revisions shown with redline/strikeout to be removed in final approved version) -4- described on Exhibit “A”, except as expressly permitted under subsection 2(b) below, nor shall any decision fund less than five (5) years of operation and maintenance for any of the Projects for which such funding is provided for on Exhibit “A”, unless the Council has determined that such Project shall not be undertaken pursuant to subsection 2(b), below. This provision shall not be construed as prohibiting the City Council from: i. enhancing the scope or design of any of the Projects, or increasing the cost thereof, unless such enhancement or increase in cost would substantially impair the City's ability to fully fund the planning, design, real property acquisition, and construction for any of the Projects described on Exhibit “A” or the operation and maintenance for five (5) years from the date of completion of their construction for those of the Projects for which operation and maintenance funding is provided on Exhibit “A”, excepting only the Projects, if any, which have been eliminated by the City Council pursuant to the provisions of subsection (b) below; or ii. using any other revenues lawfully available to the City to enhance the scope or design of any of the Projects, or to fund, in whole or in part, the planning, design, real property acquisition, construction, operation and/or maintenance for any such Projects. (b) The planning, design, real property acquisition and construction for all of the Projects shall be undertaken and completed by the City unless the City Council determines by resolution, after receiving a recommendation from the City Manager, that it is no longer legally or financially feasible to undertake and complete any of the Projects without substantially altering the essential character of the same from that described on Exhibit “A.” (c) The Projects shall be subject to all applicable provisions in Article XII of Chapter 23, as amended, of the City Code relating to art in public places. Section 3. That any revenues generated by the Tax and remaining unexpended and unencumbered after the completion of the construction of all of the Projects described on Exhibit “A”, excluding any of these Projects eliminated by the City Council under the provisions of Section 2(b) above, may, in the discretion of the City Council, be used to fund additional operation and maintenance of the Projects or for the planning, design, real property acquisition, construction, operation and/or maintenance for any other capital project approved by the City Council. Section 4. That the full amount of revenues derived from the Tax may be retained and expended by the City, notwithstanding any state revenue or expenditure limitations including, but not limited to, those contained in Article X, Section 20 of the Colorado Constitution. Docusign Envelope ID: 6432095E-FC8E-4715-893C-B5A09C3B1C44 UPDATED AUGUST 18, 2025 (revisions shown with redline/strikeout to be removed in final approved version) -5- Section 5. That the amendment of Section 25-75(a)(3) of the City Code as set forth herein shall take effect at 12:01 a.m. on January 1, 2026. Section 6. That except as provided herein, all other provisions of Chapter 25 of the City Code shall remain unchanged and in full force and effect unless otherwise rescinded or modified by action of the Council. Exhibit “A” Project Descriptions Capital Improvement 0.25% Sales Tax Program 2026-2035 Estimated Project Cost (2024 dollars) Estimated Annual Operations and Maintenance (2024 dollars) Pedestrian Sidewalk Program $14,000,000 No O&M Funds This project will provide annual funding to continue supporting the decades-long compliance program to eliminate gaps in the City’s pedestrian network and improve ADA compliance. Arterial Intersection Improvements and Streetscapes Program $12,000,000 No O&M Funds This project will provide an annual fund for improvements to arterial intersections and streetscape improvements as prioritized by safety improvements, multi-modal infrastructure needs, alignment with existing plans, and partnership opportunities. Bicycle Infrastructure & Overpasses/Underpasses Program $11,000,000 No O&M Funds This project will provide annual funding for construction of grade-separated bicycle and pedestrian crossings across roadways and for the implementation of projects identified in the Active Modes Plan, Vision Zero Plan, and that help achieve 15-minute city goals Affordable Housing Capital Fund $10,000,000 No O&M Funds This project will provide funding to assist with the development of affordable housing through community partners and public or private housing projects. Funding can be used to establish an ongoing revolving fund to provide loans at a low-interest rate Docusign Envelope ID: 6432095E-FC8E-4715-893C-B5A09C3B1C44 UPDATED AUGUST 18, 2025 (revisions shown with redline/strikeout to be removed in final approved version) -6- Mulberry Pool Recreational Replacement Leveraging FundSupport $10,000,000 No O&M Funds This project will provide a portion of funding anticipated to be needed to replace the existing recreational facility/opportunities currently provided at Mulberry Pool. Poudre River North – River Health, Access, Parks, and Trails $8,000,000 $20,000 This project will leverage Parks, Stormwater, and Natural Areas goals and projects to enhance the Poudre River and access for residents. The focus area is north of Lee Martinez Park and west of College Avenue. Composting Infrastructure Advancement $7,000,000 $20,000 This project funding will be utilized to advance and scale community-wide composting efforts and infrastructure. Downtown Parks Shop $5,500,000 No O&M Funds This project will provide a portion of funding for a new parks shop for maintenance crews which will result in an efficient, safe, and consolidated workspace for people, vehicles, machinery, and horticulture activities. Community Bike Park $5,000,000 $15,000 This project and funding can be utilized towards land acquisition, design, and construction of a bike park facility. Outdoor Pickleball Complex & CourtsFacilities $4,000,000 $10,000 This project creates additional outdoor stand-alone pickleball courts to help meet the growing need in the community. Nature in the City $3,000,000 No O&M Funds This project provides annual funding to protect access to nature which can include enhancing existing sites to provide native habitat and increasing species connectivity. Transfort Buses Replacement & Stops Enhancements $3,000,000 No O&M Funds This project will provide annual funding to make ADA improvements and upgrades at bus stops throughout the City and will support the local match needed to replace Transfort buses over the next 10 years. Recreational Paved Trails $2,500,000 $10,000 This project will provide funding to design and construct portions of trails identified in the City’s Strategic Trails Plan. Construction Waste Diversion Equipment $2,200,000 No O&M Funds This project will replace large equipment over the next 10 years to advance construction and demolition waste and recycling/reuse goals of the City. Formatted Table Docusign Envelope ID: 6432095E-FC8E-4715-893C-B5A09C3B1C44 UPDATED AUGUST 18, 2025 (revisions shown with redline/strikeout to be removed in final approved version) -7- Historic Trolley Building Renovation $2,200,000 $10,000 The project will stabilize the existing historic 1906 downtown trolley barn to a state that allows for consideration of potential programming, public-private partnership, and public utilization. Gardens on Spring Creek – Children’s Garden & Infrastructure $1,300,000 No O&M Funds This project will renovate the 20-year-old Children’s Garden to enhance learning opportunities and contribute to event infrastructure upgrades. Lee Martinez Farm Renovation & ExpansionImprovements $1,000,000 No O&M Funds This project will provide a shelter facility and greater ADA access throughout The Farm at Lee Martinez Park. Timberline Recycling Center Improvements $1,000,000 No O&M Funds This project will provide a fire hydrant, restroom, and enhanced safety features at the recycling center. Section 2. Proposed Voter-Approved Ordinance No. 003, 2025, is hereby submitted to the registered electors of the City of Fort Collins at the next regular election to be held on November 4, 2025, in substantially the following form: CITY OF FORT COLLINS BALLOT ISSUE NO. ____ A CITY-INITIATED QUESTION WITHOUT RAISING ADDITIONAL TAXES, SHALL THE CITY’S EXISTING 0.25% SALES AND USE TAX (25 CENTS ON A $100 PURCHASE) APPROVED BY THE VOTERS IN 2015 FOR THE “COMMUNITY CAPITAL IMPROVEMENT PROGRAM” CAPITAL PROJECTS PROGRAM BE EXTENDED FROM ITS CURRENT EXPIRATION AT THE END OF DECEMBER 31, 2025, THROUGH THE END OF DECEMBER 31, 2035; PROVIDED THAT THE REVENUE DERIVED FROM THE EXTENSION OF SUCH TAX SHALL BE USED TO PAY THE COSTS OF FOR PLANNING, DESIGN, REAL PROPERTY ACQUISITION, AND CONSTRUCTION OF THE FOLLOWING CAPITAL PROJECTS, AND TO PAY FIVE (5) YEARS OF OPERATION AND MAINTENANCE (“O&M”) FOR CERTAIN OF THESE CAPITAL PROJECTS AS SPECIFIED BELOW, ALL SUBJECT TO THE TERMS AND CONDITIONS OF PROPOSED VOTER-APPROVED ORDINANCE NO. 003, 2025: • PEDESTRIAN SIDEWALK PROGRAM • ARTERIAL INTERSECTION IMPROVEMENTS AND STREETSCAPES PROGRAM • BICYCLE INFRASTRUCTURE & OVERPASSES/UNDERPASSES PROGRAM • AFFORDABLE HOUSING CAPITAL FUND Docusign Envelope ID: 6432095E-FC8E-4715-893C-B5A09C3B1C44 UPDATED AUGUST 18, 2025 (revisions shown with redline/strikeout to be removed in final approved version) -8- • MULBERRY POOL RECREATIONAL REPLACEMENT LEVERAGING FUNDSUPPORT • POUDRE RIVER NORTH – RIVER HEALTH, ACCESS, PARKS, AND TRAILS (WITH O&M) • COMPOSTING INFRASTRUCTURE ADVANCEMENT (WITH O&M) • DOWNTOWN PARKS SHOP • COMMUNITY BIKE PARK (WITH O&M) • OUTDOOR PICKLEBALL COMPLEX & COURTSFACILITIES (WITH O&M) • NATURE IN THE CITY • TRANSFORT BUSES REPLACEMENT & STOP ENHANCEMENTS • RECREATIONAL PAVED TRAILS (WITH O&M) • CONSTRUCTION WASTE DIVERSION EQUIPMENT • HISTORIC TROLLEY BUILDING RENOVATION (WITH O&M) • GARDENS ON SPRING CREEK – CHILDREN’S GARDEN & INFRASTRUCTURE • LEE MARTINEZ FARM RENOVATION & EXPANSIONIMPROVEMENTS • TIMBERLINE RECYCLING CENTER IMPROVEMENTS; AND FURTHER PROVIDED THAT THE FULLALL REVENUES DERIVED FROM THE TAX MAY BE RETAINED AND EXPENDED BY THE CITY FOR SUCH PURPOSES, NOTWITHSTANDING ANY STATE REVENUE OR EXPENDITURE LIMITATION INCLUDING, BUT NOT LIMITED TO, THE LIMITATION IN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? YES/FOR _____ NO/AGAINST _____ Passed and adopted on August 19, 2025. ______________________________ Mayor ATTEST: ______________________________ Sr. Deputy City Clerk Effective Date: August 19, 2025 Approving Attorney: Dianne Criswell Exhibit: None Docusign Envelope ID: 6432095E-FC8E-4715-893C-B5A09C3B1C44 -1- RESOLUTION 2025-078 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY A CITIZEN-INITIATED ORDINANCE TO CONTINUE THE CITY’S EXISTING OPEN SPACE SALES AND USE TAX A. Under Article X, Section 1 of the City Charter, the registered electors of the City have the power to propose a measure to the City Council, and if the City Council fails to adopt a measure so proposed, then to adopt or reject such ordinance or resolution at the polls. B. A citizen-initiated measure to continue the City’s Open Space Sales and Use Tax for a period of 25 years (the “2002 Initiative”) was approved by the registered electors of Fort Collins at a special City election on November 5, 2002. C. An initiative petition amending the terms of the 2002 Initiative and extending the Open Space Sales and Use Tax without expiration (the “Initiated Measure”) has been submitted to the City, and the City Clerk has certified said petition as sufficient for submission of the initiated ordinance to a vote of the people at the next regular City election on November 4, 2025. D. In addition to removing the expiration of the Tax, the Initiated Measure amends the terms of the 2002 Initiative by: a. Starting in 2061: i. reducing the percentage of revenues from the tax that must be used for “land conservation activities” to 70 percent (from 80 percent); and ii. increasing the percentage of revenues from the tax that may be used for maintenance and operations to 30 percent (from 20 percent); b. Changing the definition of “land conservation activity”, for which a specified amount of the tax revenues must be used, to include expenditures to support the ecological health of protected lands; and c. Clarifying other language to eliminate confusion and more accurately reflect the policies and practices of the Natural Areas program. E. The City Clerk has presented the petition for the Initiated Measure to the City Council as provided in Article X, Section 2(f) of the City Charter. F. Under Article X, Section 3(a) of the City Charter, for a tax measure requiring voter approval under the Colorado Constitution, upon presentation of an initiative petition certified as to sufficiency by the City Clerk the City Council must submit said citizen- initiated ordinance, in the form petitioned for, to the registered electors of the City. Docusign Envelope ID: 6432095E-FC8E-4715-893C-B5A09C3B1C44 -2- G. The ballot title for the measure must identify the measure as either a city- initiated or citizen-initiated measure. H. The submission clause must be brief, must not conflict with those selected for any petition previously filed for the same election, and must unambiguously state the principle of the provision sought to be added. In light of the foregoing recitals, which the Council hereby makes and adopts as determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. There is hereby submitted to the registered electors of the City at the next regular city election to be held on Tuesday, November 4, 2025, the following proposed citizen-initiated ordinance: [THIS IS THE EXACT LANGUAGE OF THE INITIATED ORDINANCE AND CANNOT BE CHANGED IN ANY WAY] CITIZEN-INITIATED ORDINANCE NO. 2 A. The Fort Collins Natural Areas Department has protected over 55,000 acres and provided 114 miles of trails since the first citizens’ initiative establishing a ¼ of one percent Natural Areas and Open Space sales tax in 1992 and its subsequent renewal in 2002 (Open Space, Yes!). Not only has the Natural Areas Program significantly improved the quality of life for Fort Collins residents, it continues to be a key partner in conserving native plant and wildlife communities, ecosystems, biodiversity, and other large landscapes in Northern Colorado. B. Fort Collins residents currently enjoy the open spaces and natural areas; the recreation they provide, such as walking, hiking, biking, wildlife viewing, bird watching, and fishing; the educational opportunities and programs provided to people of all ages and backgrounds; and the beautiful landscapes and views they provide. About 96% of Fort Collins residents reported visiting a City of Fort Collins natural area, open space or trail in the previous 12 months according to the Our Lands, Our Future 2023 survey. C. Continuing this initiative into the future will ensure the long-term sustainability of the Natural Areas Program. The Natural Areas Program can continue to protect natural areas, open spaces, and wildlife habitat; offer appropriate recreation (walking/hiking/biking and more) and education programs; provide revenue for restoration and management of protected lands; and partner with Larimer County, GOCO, and others to make funding go much further. D. This ordinance makes several modifications to Citizen-Initiated Ordinance No. 1, 2002 language (Open Space, Yes!) related to Land Conservation, Operations, and Maintenance Activities. This will ensure that long-term operations and maintenance needs can be met within the parameters of the initiative language. Maintaining native plant and animal communities for the primary purpose of improving the current and future ecological health of protected lands will be moved into the category of Land Conservation Activities from Maintenance Activities, as will monitoring of land conservation easements. Docusign Envelope ID: 6432095E-FC8E-4715-893C-B5A09C3B1C44 -3- E. The minimum percentage of tax revenue that must be spent on Land Conservation activities shall decrease from 80% to 70% beginning January 1, 2061. Note that the Natural Areas Department share of the Larimer County Help Preserve Open Spaces sales tax may be used for Land Conservation, Operations, or Maintenance Activities, making these percentages sustainable into the future. F. Because the Fort Collins Natural Areas Department relies solely on sales tax revenues from sources with expiration dates, long-term planning for the future is difficult. This initiative will remove the expiration date of the Open Space, Yes! (Citizen-Initiated Ordinance No. 1, 2002) tax. In light of the foregoing recitals, BE IT ORDAINED AS FOLLOWS: Section 1. THAT for purposes of acquiring, operating, and maintaining natural areas, open spaces, community separators, wildlife habitat, river, streams and other riparian areas, wetlands, and biodiverse landscapes, and providing for the appropriate use and enjoyment of these areas by the citizenry, the existing twenty-five one-hundredths (.25) percent sales and use tax authorized by Citizen Initiated Ordinance No. 1, 2002 and approved by the City of Fort Collins voters, be extended without expiration (the "Tax"). Section 2. THAT land conservation projects using revenues from the Tax shall be undertaken where there is an identifiable benefit to the residents of the City of Fort Collins as determined by the City Council, whether undertaken by the City of Fort Collins alone or in partnership with one or more entities. The projects shall be undertaken within the City of Fort Collins and its Growth Management Area boundary; in the areas between Fort Collins and the communities of Wellington, Windsor, Loveland, Timnath, Bellvue, and LaPorte; in the foothills west of Fort Collins; in the Poudre River corridor; and regionally. Section 3. THAT 100 percent (100%) of the proceeds from the Tax shall be deposited into the Sales and Use Tax Fund and shall be apportioned as follows: a) Not less than 80 percent (80%) of the total annual revenue of the Tax received during the time period January 1, 2031 to December 31, 2060 shall be used solely for Land Conservation Activities as defined herein. b) Not less than 70 percent (70%) of the total annual revenue of the Tax received beginning January 1, 2061, and not including revenues prior to January 1, 2061, shall be used solely for Land Conservation Activities as defined herein. c) Not more than 20 percent (20%) of the total annual revenue of the Tax received during the time period January 1, 2031 to December 31, 2060 shall be used solely for Operations Activities and Maintenance Activities as defined herein. d) Not more than 30 percent (30%) of the total annual revenue of the Tax received beginning January 1, 2061, and not including revenues prior to January 1, 2061, shall be used solely for Operations Activities and Maintenance Activities as defined herein. This percentage shall be calculated on a 10-year rolling average, beginning January 1, 2071, and the City of Fort Collins shall evaluate and verify annually, beginning January 1, 2071, that this 10-year rolling average does not exceed 30% of the average annual revenue of the Tax. Docusign Envelope ID: 6432095E-FC8E-4715-893C-B5A09C3B1C44 -4- Section 4. THAT "Land Conservation Activities" are herein defined to solely include the following: a) Acquiring interests in real property for the purposes of conserving and protecting natural areas, open spaces, community separators, wildlife habitat, rivers, streams and other riparian areas, wetlands, and biodiverse landscapes. Acquiring interests in real property includes, without limitation, fee simple acquisition, acquisition of perpetual conservation or agricultural easements, and acquisition of development rights, whether alone or in cooperation with one or more entities; b) Acquiring or leasing water rights and water storage rights for the purpose of conserving, restoring, and maintaining conserved and protected lands, or if acquisition of interests in real property is contingent on acquisition of water rights; c) Acquiring subsurface rights, such as mineral (e.g. gravel) rights; d) Allowing expenditure of funds for joint projects between Larimer County, other municipalities, trusts, foundations, GOCO, or other public or private entities for the purpose of land conservation; e) Improving acquired lands by restoring, enhancing, and maintaining native plant and animal communities for the primary purpose of improving the current and future ecological health of protected lands and their native plant and animal communities; f) Providing grant funds to protect, restore and enhance native plant and animal communities on private and publicly owned natural areas in Fort Collins and unincorporated Larimer County; g) Hiring land agents, as necessary, to act on behalf of the City of Fort Collins in negotiating contracts with the owners of such interests in real property; and h) Monitoring lands protected by less than fee simple acquisition at least annually, through the use of third-party land trusts, the City of Fort Collins, or other appropriate parties, to ensure lands are protected and maintained in accordance with the terms of the acquisition and adopted management plans and agreements. Except as otherwise expressly agreed, owners of properties protected by less than fee simple acquisition shall be responsible for maintaining all lands, structures, enhancements, and facilities in accordance with the adopted site-specific management plans and agreements; and i) Administering and directly supervising Land Conservation Activities as described in this section. j) Land Conservation Activities shall not include any activities defined herein as Operations Activities or Maintenance Activities. Section 5. THAT "Operations Activities" of conserved and protected lands is herein defined to include the following: Docusign Envelope ID: 6432095E-FC8E-4715-893C-B5A09C3B1C44 -5- a) Conducting educational and volunteer programs to involve citizens in the ownership of conserved and protected lands; b) Informing the public about City of Fort Collins open spaces and programs, such as producing and distributing newsletters, brochures and maps and providing a website and social media content; c) Providing public capital facilities to manage human usage of conserved lands, such as trails, fencing, wildlife viewing structures, restrooms, drinking water, trash and recycling receptacles, traffic-related infrastructure and parking areas associated with usage, signage, interpretive exhibits, or information displays; d) Developing, implementing and updating an overall program master plan, as well as site-specific management plans for conserved and protected lands; e) Administering the natural areas and land conservation programs, including on- going accounting, record keeping, scheduling, personnel management, interacting with the City Council and the citizens, and administering easement requests in accordance with the adopted natural areas easement policy; f) Law enforcement activities for the purpose of enforcing natural areas and open lands regulations and other applicable laws; and g) Administering and directly supervising all Operations Activities described in this section. h) Operations Activities shall not include any activities defined herein as Land Conservation Activities or Maintenance Activities. Section 6. THAT "Maintenance Activities" of conserved and protected lands is herein defined to include the following: a) Repairing, cleaning, or replacing public capital facilities as described in Section 5, such as trails, fencing, wildlife viewing structures, restrooms, drinking water, trash and recycling receptacles, parking areas, signage, interpretive exhibits, or information displays, and removing trash and debris; b) Administering and directly supervising all Maintenance Activities described in this section. c) Maintenance Activities shall not include any activities defined herein as Operations Activities or Land Conservation Activities. Section 7. THAT all Land Conservation Activities as defined in Section 4 shall be accomplished by agreement with willing sellers. Section 8. THAT the City of Fort Collins shall expend moneys for Land Conservation Activities in a timely and expedient manner, seeking to avoid substantial escalation in costs of real property or the real property being no longer available, including, where appropriate, cooperating with land trusts and other public and private land conservation entities. Docusign Envelope ID: 6432095E-FC8E-4715-893C-B5A09C3B1C44 -6- Section 9. THAT all revenues generated on open space, natural areas, wildlife habitat, and other Land Conservation Activities performed or acquired with the Tax shall be used for the purposes stated herein. Revenues generated from leasehold interests in real property shall subsequently be used for Land Conservation Activities. Section 10. THAT investment earnings on the revenues of the Tax shall be used for the purposes stated herein and apportioned as provided in Section 3. Section 11. THAT, except with the express approval of the City Council, (a) no interest in real property acquired with the revenues provided by the Tax may be sold, leased, traded, or otherwise conveyed, (b) nor may an exclusive license or permit on such interest in real property be given, (c) nor may the use of such interest in real property be converted to purposes other than those permitted hereby. Prior to such action, the proposed action shall be reviewed by the appropriate board, and a recommendation shall be forwarded to the City Council. Approval of the action may be given only by a majority vote of the members of City Council after a public hearing held with notice provided in accordance with the applicable law. Section 12. THAT (a) if any real property or interest therein acquired by use of proceeds of the Tax pursuant to this initiative ever be sold, exchanged, transferred, leased or otherwise disposed of, the consideration for such sale, exchange, transfer, lease or disposition shall be deposited into a fund or account for Land Conservation Activities and be subject to the same expenditure and use restrictions as those set forth herein for the original proceeds of the Tax, including restrictions set forth in this Section; and (b) if any real property or interest therein acquired by use of proceeds of the Tax pursuant to Section 1 of this initiative shall ever be converted to purposes other than those described herein, the City of Fort Collins shall pay into a fund or account for Land Conservation Activities, from any legally available municipal moneys other than the Tax, the then estimated fair market value of such property, as determined by an appraisal. Section 13. THAT the City of Fort Collins is authorized to adopt such uniform rules, regulations, and ordinances as may be necessary for the administration and enforcement of this initiative in a manner consistent with the language herein; and that the City Council or its authorized representatives are hereby empowered to enter into and execute on behalf of the City of Fort Collins any agreements necessary for the administration and enforcement of this initiative in a manner consistent with the language herein. Section 14. THAT the City of Fort Collins Land Conservation and Stewardship Board shall advise and make recommendations to the City Council regarding the expenditure of moneys for the purposes stated herein. Section 15. THAT the City of Fort Collins shall prepare for review by the appropriate board(s) and City Council quarterly financial reports to include revenues, expenditures, and balances in the applicable funds or accounts, and any other appropriate related accounts, and shall prepare a report to the public annually regarding the use of the revenues derived from the Tax. Section 16. THAT the full amount of revenues, and any investment earnings thereon, derived from the Tax shall be retained and expended by the City of Fort Collins, notwithstanding any state revenue or expenditure limitations including, without limitation, those contained in Article X, Section 20 of the Colorado Constitution. Section 17. THAT this initiative shall become effective at 12:01 a.m. January 1, 2031. Docusign Envelope ID: 6432095E-FC8E-4715-893C-B5A09C3B1C44 -7- Section 2. The foregoing proposed citizen-initiated ordinance is hereby submitted to the registered electors of the City at said regular city election in substantially the following form: CITY OF FORT COLLINS BALLOT ISSUE NO. ____ A CITIZEN-INITIATED QUESTION WITHOUT RAISING ADDITIONAL TAXES, SHALL THE CITY’S EXISTING 0.25% SALES AND USE TAX (25 CENTS ON A $100 PURCHASE), AUTHORIZED BY CITIZEN-INITIATED ORDINANCE NO. 1, 2002, FOR THE ACQUISITION, MAINTENANCE, AND OPERATIONS OF NATURAL AREAS, BE EXTENDED, WITHOUT EXPIRATION, FROM ITS CURRENT EXPIRATION AT THE END OF 2030; PROVIDED THAT REVENUES DERIVED FROM SUCH TAX EXTENSION SHALL BE USED TO ACQUIRE, OPERATE AND MAINTAIN NATURAL AREAS, OPEN SPACES, COMMUNITY SEPARATORS, WILDLIFE HABITAT, RIVER, STREAMS, RIPARIAN AREAS, WETLANDS, AND BIODIVERSE LANDSCAPES, AND TO PROVIDE FOR THE APPROPRIATE USE AND ENJOYMENT OF THEM BY THE CITIZENRY CONSISTENT WITH CITIZEN-INITIATED ORDINANCE NO. 2, 2025, INCLUDING THE FOLLOWING CHANGES FROM THE 2002 ORDINANCE:  BEGINNING IN 2061, REDUCE THE MINIMUM PERCENTAGE OF ANNUAL REVENUE THAT MUST BE SPENT ON LAND CONSERVATION ACTIVITIES, AS DEFINED IN THE ORDINANCE, TO 70% (INSTEAD OF 80%).  BEGINNING IN 2061, INCREASE THE MAXIMUM PERCENTAGE OF ANNUAL REVENUE THAT MAY BE SPENT ON OPERATIONS AND MAINTENANCE ACTIVITIES, AS DEFINED IN THE ORDINANCE, TO 30% (INSTEAD OF 20%);  TREAT IMPROVING ACQUIRED LANDS BY RESTORING, ENHANCING, AND MAINTAINING NATIVE PLANT AND ANIMAL COMMUNITIES FOR THE PRIMARY PURPOSE OF IMPROVING THE ECOLOGICAL HEALTH OF PROTECTED LANDS AS “LAND CONSERVATION ACTIVITY”; AND  CLARIFY OTHER LANGUAGE OF THE ORDINANCE FOR CONSISTENCY WITH THE CITY’S NATURAL AREAS PROGRAM. AND PROVIDED THAT ALL REVENUES FROM THE TAX EXTENSION MAY BE RETAINED AND EXPENDED BY THE CITY NOTWITHSTANDING ANY STATE REVENUE OR EXPENDITURE LIMITATION, INCLUDING, BUT NOT LIMITED TO, ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? Docusign Envelope ID: 6432095E-FC8E-4715-893C-B5A09C3B1C44 -8- YES/FOR _____ NO/AGAINST _____ Passed and adopted on August 19, 2025. ______________________________ Mayor ATTEST: ______________________________ Sr. Deputy City Clerk Effective Date: August 19, 2025 Approving Attorney: Carrie Daggett Exhibit: None Docusign Envelope ID: 6432095E-FC8E-4715-893C-B5A09C3B1C44 UPDATED AUGUST 18, 2025 (revisions shown with redline/strikeout to be removed in final approved version) -1- RESOLUTION 2025-078 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY A CITIZEN-INITIATED ORDINANCE TO CONTINUE THE CITY’S EXISTING OPEN SPACE SALES AND USE TAX A. Under Article X, Section 1 of the City Charter, the registered electors of the City have the power to propose a measure to the City Council, and if the City Council fails to adopt a measure so proposed, then to adopt or reject such ordinance or resolution at the polls. B. A citizen-initiated measure to continue the City’s Open Space Sales and Use Tax for a period of 25 years (the “2002 Initiative”) was approved by the registered electors of Fort Collins at a special City election on November 5, 2002. C. An initiative petition amending the terms of the 2002 Initiative and extending the Open Space Sales and Use Tax without expiration (the “Initiated Measure”) has been submitted to the City, and the City Clerk has certified said petition as sufficient for submission of the initiated ordinance to a vote of the people at the next regular City election on November 4, 2025. D. In addition to removing the expiration of the Tax, the Initiated Measure amends the terms of the 2002 Initiative by: a. Starting in 2061: i. reducing the percentage of revenues from the tax that must be used for “land conservation activities” to 70 percent (from 80 percent); and ii. increasing the percentage of revenues from the tax that may be used for maintenance and operations to 30 percent (from 20 percent); b. Changing the definition of “land conservation activity”, for which a specified amount of the tax revenues must be used, to include expenditures to support the ecological health of protected lands; and c. Clarifying other language to eliminate confusion and more accurately reflect the policies and practices of the Natural Areas program. E. The City Clerk has presented the petition for the Initiated Measure to the City Council as provided in Article X, Section 2(f) of the City Charter. F. Under Article X, Section 3(a) of the City Charter, for a tax measure requiring voter approval under the Colorado Constitution, upon presentation of an initiative petition certified as to sufficiency by the City Clerk the City Council must submit said citizen- initiated ordinance, in the form petitioned for, to the registered electors of the City. Docusign Envelope ID: 6432095E-FC8E-4715-893C-B5A09C3B1C44 UPDATED AUGUST 18, 2025 (revisions shown with redline/strikeout to be removed in final approved version) -2- G. The ballot title for the measure must identify the measure as either a city- initiated or citizen-initiated measure. H. The submission clause must be brief, must not conflict with those selected for any petition previously filed for the same election, and must unambiguously state the principle of the provision sought to be added. In light of the foregoing recitals, which the Council hereby makes and adopts as determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. There is hereby submitted to the registered electors of the City at the next regular city election to be held on Tuesday, November 4, 2025, the following proposed citizen-initiated ordinance: [THIS IS THE EXACT LANGUAGE OF THE INITIATED ORDINANCE AND CANNOT BE CHANGED IN ANY WAY] CITIZEN-INITIATED ORDINANCE NO. 2 A. The Fort Collins Natural Areas Department has protected over 55,000 acres and provided 114 miles of trails since the first citizens’ initiative establishing a ¼ of one percent Natural Areas and Open Space sales tax in 1992 and its subsequent renewal in 2002 (Open Space, Yes!). Not only has the Natural Areas Program significantly improved the quality of life for Fort Collins residents, it continues to be a key partner in conserving native plant and wildlife communities, ecosystems, biodiversity, and other large landscapes in Northern Colorado. B. Fort Collins residents currently enjoy the open spaces and natural areas; the recreation they provide, such as walking, hiking, biking, wildlife viewing, bird watching, and fishing; the educational opportunities and programs provided to people of all ages and backgrounds; and the beautiful landscapes and views they provide. About 96% of Fort Collins residents reported visiting a City of Fort Collins natural area, open space or trail in the previous 12 months according to the Our Lands, Our Future 2023 survey. C. Continuing this initiative into the future will ensure the long-term sustainability of the Natural Areas Program. The Natural Areas Program can continue to protect natural areas, open spaces, and wildlife habitat; offer appropriate recreation (walking/hiking/biking and more) and education programs; provide revenue for restoration and management of protected lands; and partner with Larimer County, GOCO, and others to make funding go much further. D. This ordinance makes several modifications to Citizen-Initiated Ordinance No. 1, 2002 language (Open Space, Yes!) related to Land Conservation, Operations, and Maintenance Activities. This will ensure that long-term operations and maintenance needs can be met within the parameters of the initiative language. Maintaining native plant and animal communities for the primary purpose of improving the current and future ecological Docusign Envelope ID: 6432095E-FC8E-4715-893C-B5A09C3B1C44 UPDATED AUGUST 18, 2025 (revisions shown with redline/strikeout to be removed in final approved version) -3- health of protected lands will be moved into the category of Land Conservation Activities from Maintenance Activities, as will monitoring of land conservation easements. E. The minimum percentage of tax revenue that must be spent on Land Conservation activities shall decrease from 80% to 70% beginning January 1, 2061. Note that the Natural Areas Department share of the Larimer County Help Preserve Open Spaces sales tax may be used for Land Conservation, Operations, or Maintenance Activities, making these percentages sustainable into the future. F. Because the Fort Collins Natural Areas Department relies solely on sales tax revenues from sources with expiration dates, long-term planning for the future is difficult. This initiative will remove the expiration date of the Open Space, Yes! (Citizen-Initiated Ordinance No. 1, 2002) tax. In light of the foregoing recitals, BE IT ORDAINED AS FOLLOWS: Section 1. THAT for purposes of acquiring, operating, and maintaining natural areas, open spaces, community separators, wildlife habitat, river, streams and other riparian areas, wetlands, and biodiverse landscapes, and providing for the appropriate use and enjoyment of these areas by the citizenry, the existing twenty-five one-hundredths (.25) percent sales and use tax authorized by Citizen Initiated Ordinance No. 1, 2002 and approved by the City of Fort Collins voters, be extended without expiration (the "Tax"). Section 2. THAT land conservation projects using revenues from the Tax shall be undertaken where there is an identifiable benefit to the residents of the City of Fort Collins as determined by the City Council, whether undertaken by the City of Fort Collins alone or in partnership with one or more entities. The projects shall be undertaken within the City of Fort Collins and its Growth Management Area boundary; in the areas between Fort Collins and the communities of Wellington, Windsor, Loveland, Timnath, Bellvue, and LaPorte; in the foothills west of Fort Collins; in the Poudre River corridor; and regionally. Section 3. THAT 100 percent (100%) of the proceeds from the Tax shall be deposited into the Sales and Use Tax Fund and shall be apportioned as follows: a) Not less than 80 percent (80%) of the total annual revenue of the Tax received during the time period January 1, 2031 to December 31, 2060 shall be used solely for Land Conservation Activities as defined herein. b) Not less than 70 percent (70%) of the total annual revenue of the Tax received beginning January 1, 2061, and not including revenues prior to January 1, 2061, shall be used solely for Land Conservation Activities as defined herein. c) Not more than 20 percent (20%) of the total annual revenue of the Tax received during the time period January 1, 2031 to December 31, 2060 shall be used solely for Operations Activities and Maintenance Activities as defined herein. d) Not more than 30 percent (30%) of the total annual revenue of the Tax received beginning January 1, 2061, and not including revenues prior to January 1, 2061, shall be used solely for Operations Activities and Maintenance Activities as defined herein. This percentage shall be calculated on a 10-year rolling average, beginning Docusign Envelope ID: 6432095E-FC8E-4715-893C-B5A09C3B1C44 UPDATED AUGUST 18, 2025 (revisions shown with redline/strikeout to be removed in final approved version) -4- January 1, 2071, and the City of Fort Collins shall evaluate and verify annually, beginning January 1, 2071, that this 10-year rolling average does not exceed 30% of the average annual revenue of the Tax. Section 4. THAT "Land Conservation Activities" are herein defined to solely include the following: a) Acquiring interests in real property for the purposes of conserving and protecting natural areas, open spaces, community separators, wildlife habitat, rivers, streams and other riparian areas, wetlands, and biodiverse landscapes. Acquiring interests in real property includes, without limitation, fee simple acquisition, acquisition of perpetual conservation or agricultural easements, and acquisition of development rights, whether alone or in cooperation with one or more entities; b) Acquiring or leasing water rights and water storage rights for the purpose of conserving, restoring, and maintaining conserved and protected lands, or if acquisition of interests in real property is contingent on acquisition of water rights; c) Acquiring subsurface rights, such as mineral (e.g. gravel) rights; d) Allowing expenditure of funds for joint projects between Larimer County, other municipalities, trusts, foundations, GOCO, or other public or private entities for the purpose of land conservation; e) Improving acquired lands by restoring, enhancing, and maintaining native plant and animal communities for the primary purpose of improving the current and future ecological health of protected lands and their native plant and animal communities; f) Providing grant funds to protect, restore and enhance native plant and animal communities on private and publicly owned natural areas in Fort Collins and unincorporated Larimer County; g) Hiring land agents, as necessary, to act on behalf of the City of Fort Collins in negotiating contracts with the owners of such interests in real property; and h) Monitoring lands protected by less than fee simple acquisition at least annually, through the use of third-party land trusts, the City of Fort Collins, or other appropriate parties, to ensure lands are protected and maintained in accordance with the terms of the acquisition and adopted management plans and agreements. Except as otherwise expressly agreed, owners of properties protected by less than fee simple acquisition shall be responsible for maintaining all lands, structures, enhancements, and facilities in accordance with the adopted site-specific management plans and agreements; and i) Administering and directly supervising Land Conservation Activities as described in this section. j) Land Conservation Activities shall not include any activities defined herein as Operations Activities or Maintenance Activities. Docusign Envelope ID: 6432095E-FC8E-4715-893C-B5A09C3B1C44 UPDATED AUGUST 18, 2025 (revisions shown with redline/strikeout to be removed in final approved version) -5- Section 5. THAT "Operations Activities" of conserved and protected lands is herein defined to include the following: a) Conducting educational and volunteer programs to involve citizens in the ownership of conserved and protected lands; b) Informing the public about City of Fort Collins open spaces and programs, such as producing and distributing newsletters, brochures and maps and providing a website and social media content; c) Providing public capital facilities to manage human usage of conserved lands, such as trails, fencing, wildlife viewing structures, restrooms, drinking water, trash and recycling receptacles, traffic-related infrastructure and parking areas associated with usage, signage, interpretive exhibits, or information displays; d) Developing, implementing and updating an overall program master plan, as well as site-specific management plans for conserved and protected lands; e) Administering the natural areas and land conservation programs, including on- going accounting, record keeping, scheduling, personnel management, interacting with the City Council and the citizens, and administering easement requests in accordance with the adopted natural areas easement policy; f) Law enforcement activities for the purpose of enforcing natural areas and open lands regulations and other applicable laws; and g) Administering and directly supervising all Operations Activities described in this section. h) Operations Activities shall not include any activities defined herein as Land Conservation Activities or Maintenance Activities. Section 6. THAT "Maintenance Activities" of conserved and protected lands is herein defined to include the following: a) Repairing, cleaning, or replacing public capital facilities as described in Section 5, such as trails, fencing, wildlife viewing structures, restrooms, drinking water, trash and recycling receptacles, parking areas, signage, interpretive exhibits, or information displays, and removing trash and debris; b) Administering and directly supervising all Maintenance Activities described in this section. c) Maintenance Activities shall not include any activities defined herein as Operations Activities or Land Conservation Activities. Section 7. THAT all Land Conservation Activities as defined in Section 4 shall be accomplished by agreement with willing sellers. Docusign Envelope ID: 6432095E-FC8E-4715-893C-B5A09C3B1C44 UPDATED AUGUST 18, 2025 (revisions shown with redline/strikeout to be removed in final approved version) -6- Section 8. THAT the City of Fort Collins shall expend moneys for Land Conservation Activities in a timely and expedient manner, seeking to avoid substantial escalation in costs of real property or the real property being no longer available, including, where appropriate, cooperating with land trusts and other public and private land conservation entities. Section 9. THAT all revenues generated on open space, natural areas, wildlife habitat, and other Land Conservation Activities performed or acquired with the Tax shall be used for the purposes stated herein. Revenues generated from leasehold interests in real property shall subsequently be used for Land Conservation Activities. Section 10. THAT investment earnings on the revenues of the Tax shall be used for the purposes stated herein and apportioned as provided in Section 3. Section 11. THAT, except with the express approval of the City Council, (a) no interest in real property acquired with the revenues provided by the Tax may be sold, leased, traded, or otherwise conveyed, (b) nor may an exclusive license or permit on such interest in real property be given, (c) nor may the use of such interest in real property be converted to purposes other than those permitted hereby. Prior to such action, the proposed action shall be reviewed by the appropriate board, and a recommendation shall be forwarded to the City Council. Approval of the action may be given only by a majority vote of the members of City Council after a public hearing held with notice provided in accordance with the applicable law. Section 12. THAT (a) if any real property or interest therein acquired by use of proceeds of the Tax pursuant to this initiative ever be sold, exchanged, transferred, leased or otherwise disposed of, the consideration for such sale, exchange, transfer, lease or disposition shall be deposited into a fund or account for Land Conservation Activities and be subject to the same expenditure and use restrictions as those set forth herein for the original proceeds of the Tax, including restrictions set forth in this Section; and (b) if any real property or interest therein acquired by use of proceeds of the Tax pursuant to Section 1 of this initiative shall ever be converted to purposes other than those described herein, the City of Fort Collins shall pay into a fund or account for Land Conservation Activities, from any legally available municipal moneys other than the Tax, the then estimated fair market value of such property, as determined by an appraisal. Section 13. THAT the City of Fort Collins is authorized to adopt such uniform rules, regulations, and ordinances as may be necessary for the administration and enforcement of this initiative in a manner consistent with the language herein; and that the City Council or its authorized representatives are hereby empowered to enter into and execute on behalf of the City of Fort Collins any agreements necessary for the administration and enforcement of this initiative in a manner consistent with the language herein. Section 14. THAT the City of Fort Collins Land Conservation and Stewardship Board shall advise and make recommendations to the City Council regarding the expenditure of moneys for the purposes stated herein. Section 15. THAT the City of Fort Collins shall prepare for review by the appropriate board(s) and City Council quarterly financial reports to include revenues, expenditures, and balances in the applicable funds or accounts, and any other appropriate related accounts, and shall prepare a report to the public annually regarding the use of the revenues derived from the Tax. Docusign Envelope ID: 6432095E-FC8E-4715-893C-B5A09C3B1C44 UPDATED AUGUST 18, 2025 (revisions shown with redline/strikeout to be removed in final approved version) -7- Section 16. THAT the full amount of revenues, and any investment earnings thereon, derived from the Tax shall be retained and expended by the City of Fort Collins, notwithstanding any state revenue or expenditure limitations including, without limitation, those contained in Article X, Section 20 of the Colorado Constitution. Section 17. THAT this initiative shall become effective at 12:01 a.m. January 1, 2031. Section 2. The foregoing proposed citizen-initiated ordinance is hereby submitted to the registered electors of the City at said regular city election in substantially the following form: CITY OF FORT COLLINS BALLOT ISSUE NO. ____ A CITIZEN-INITIATED QUESTION WITHOUT RAISING ADDITIONAL TAXES, SHALL THE CITY’S EXISTING 0.25% SALES AND USE TAX (25 CENTS ON A $100 PURCHASE), WHICH WAS AUTHORIZED BY CITIZEN-INITIATED ORDINANCE NO. 1, 2002, AND AS DESCRIBED IN CITIZEN-INITIATED ORDINANCE NO. 2, 2025, FOR THE ACQUISITION, MAINTENANCE, AND OPERATIONS OF NATURAL AREAS , BE EXTENDED, WITHOUT EXPIRATION, FROM ITS CURRENT EXPIRATION AT THE END OF DECEMBER 31, 2030; PROVIDED THAT THE REVENUES DERIVED FROM SUCH TAX EXTENSION SHALL BE USED TO ACQUIRE, OPERATE AND MAINTAIN NATURAL AREAS, OPEN SPACES, COMMUNITY SEPARATORS, WILDLIFE HABITAT, RIVER, STREAMS , AND OTHER RIPARIAN AREAS, WETLANDS, AND BIODIVERSE LANDSCAPES, AND TO PROVIDE FOR THE APPROPRIATE USE AND ENJOYMENT OF THESE AREASTHEM BY THE CITIZENRY CONSISTENT WITH CITIZEN-INITIATED ORDINANCE NO. 2, 2025, AND WITH INCLUDING THE FOLLOWING CHANGES TO CITIZEN-INITIATED FROM THE 2002 ORDINANCE NO. 1, 2002:  BEGINNING JANUARY 1,IN 2061, REDUCE THE MINIMUM PERCENTAGE OF TOTAL ANNUAL REVENUE THAT MUST BE SPENT ON LAND CONSERVATION ACTIVITIES, AS DEFINED IN THE CITIZEN-INITIATED ORDINANCE, TO NOT LESS THAN 70% (INSTEAD OF NOT LESS THAN 80%).  BEGINNING JANUARY 1,IN 2061, INCREASE THE MAXIMUM PERCENTAGE OF TOTAL ANNUAL REVENUE THAT MAY BE SPENT ON OPERATIONS AND MAINTENANCE ACTIVITIES, AS DEFINED IN THE CITIZEN-INITIATED ORDINANCE, TO NOT MORE THAN 30% (INSTEAD OF NOT MORE THAN 20%); Docusign Envelope ID: 6432095E-FC8E-4715-893C-B5A09C3B1C44 UPDATED AUGUST 18, 2025 (revisions shown with redline/strikeout to be removed in final approved version) -8-  ADD TO THE DEFINITION OF “LAND CONSERVATION ACTIVITY”TREAT IMPROVING ACQUIRED LANDS BY RESTORING, ENHANCING, AND MAINTAINING NATIVE PLANT AND ANIMAL COMMUNITIES FOR THE PRIMARY PURPOSE OF IMPROVING THE ECOLOGICAL HEALTH OF PROTECTED LANDS AS “LAND CONSERVATION ACTIVITY”; AND  CLARIFY OTHER LANGUAGE OF THE CITIZEN-INITIATED ORDINANCE TO ELIMINATE CONFUSION AND MORE ACCURATELY REFLECT FOR CONSISTENCY WITH THE POLICIES AND PRACTICES OF THE CITY’S NATURAL AREAS PROGRAM. AND FURTHER PROVIDED THAT THE FULL AMOUNT OFALL REVENUES DERIVED FROM THE TAX EXTENSION MAY BE RETAINED AND EXPENDED BY THE CITY NOTWITHSTANDING ANY STATE REVENUE OR EXPENDITURE LIMITATION, INCLUDING, BUT NOT LIMITED TO, THE LIMITATION CONTAINED IN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? YES/FOR _____ NO/AGAINST _____ Passed and adopted on August 19, 2025. ______________________________ Mayor ATTEST: ______________________________ Sr. Deputy City Clerk Effective Date: August 19, 2025 Approving Attorney: Carrie Daggett Exhibit: None Docusign Envelope ID: 6432095E-FC8E-4715-893C-B5A09C3B1C44