HomeMy WebLinkAbout2025-078-08/19/2025-SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY A CITIZEN-INITIATED ORDINANCE TO CONTINURESOLUTION 2025-078
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMfl11NG 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.
C.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 N 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 34 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 (walkingfhiking/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.
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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,Ye&(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 December31,2060 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.
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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:
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.
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.
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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?
YES/FOR
NO/AGAINST
Passed and adopted on August 19,2025.
Effective Date:August 19,2025
Approving Attorney:Carrie Daggett
II
Sr.Deputy City Clerk
Exhibit:None