HomeMy WebLinkAbout013 - 02/18/1992 - REPEALING CITY CODE CHAPTER ENTITLED TRANSPORTATION UTILITY FEE ORDINANCE NO. 13 , 1992
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REPEALING CHAPTER 26, ARTICLE VIII
OF THE CODE, ENTITLED
"TRANSPORTATION UTILITY FEE"
WHEREAS, on January 17, 1984, the City Council adopted Ordinance No. 6,
1984, establishing a Transportation Utility Fee (the "TUF") for the purpose of
providing funding for the maintenance of local streets, which is codified in
Chapter 26, Article VIII of the City Code; and
WHEREAS, on April 3, 1985, a class action lawsuit was filed against the
City challenging the validity of the TUF; and
WHEREAS, during the course of the resulting court proceedings, a
restraining order was entered by the Larimer County District Court, enjoining the
City from continuing to collect the TUF; and
WHEREAS, the validity of the TUF has been generally upheld by the Colorado
Supreme Court; provided, however, that the provision in Section 25-580 which
permits excess revenues from the TUF to be used for general municipal purposes
has been invalidated by the Court; and
WHEREAS, the injunction previously issued by the trial court which
restrained the collection of the TUF has been dissolved; and
WHEREAS, the relevant provisions of the City Code pertaining to the TUF
presently require the City to bill and collect the TUF; and
WHEREAS, during the pending Court proceedings pertaining to the TUF, on
March 7, 1989, the City Council adopted Ordinance No. 8, 1989, which had been
approved by the voters, establishing a quarter-cent sales tax as an alternative
method of funding street maintenance, which tax shall expire at midnight on
December 31, 1997; and
WHEREAS, in view of the availability of sales tax revenues to fund local
street maintenance, the City Council does not consider it necessary to continue
to collect the TUF, notwithstanding the favorable outcome of the Court
proceeding.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS
as follows:
Section 1 . That Chapter 26, Article VIII of the City Code entitled
"Transportation Utility" shall be, and the same hereby is, repealed in its
entirety.
Section 2. That neither the Director of Utility Services nor any other
officer or employee of the City shall be responsible for collecting any unpaid
amounts heretofore due and payable to the City under Chapter 26, Article VIII of
the City Code, and the right to collect such amounts is hereby waived by the
City.
Section 3. That nothing herein should be construed as requiring the City
to refund any amounts previously collected by the City under the authority of
Chapter 26, Article VIII of the City Code.
Section 4. That nothing herein should be construed as limiting the City
Council 's discretion to subsequently reenact those provisions of the City Code
which are repealed by the provisions of this Ordinance, or to enact any similar
legislation which is otherwise permitted by law.
Section 5. That all ordinances, resolutions and regulations of the City
in conflict with this Ordinance are hereby repealed to the extent only of such
inconsistency. This repealer shall not be construed to revive any ordinance,
resolution or regulation, or part thereof, heretofore repealed.
Introduced, considered favorably on first reading, and ordered published
this 4th day of February, A.D. 1992, and to be presented for final passage on the
18th day of February, A.D. 1992.
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ATTEST:
City Clerk
Passed and adopted on final reading this 18th day of February, A.D. 1992.
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City Clerk