HomeMy WebLinkAbout099 - 09/15/1992 - REQUIRING ACQUISITION OF LAND FOR A ZOO AND HORTICULTURAL CENTER FUNDED BY SALES AND USE TAX (NO ACT ORDINANCE NUMBER 99 , 1992
REQUIRING THE ACQUISITION OF LAND FOR A ZOO
AND A HORTICULTURAL CENTER AND ADJOINING NATURAL AREAS AND OPEN
SPACE AND REQUIRING THE CONSTRUCTION OF ALL FACILITIES
NECESSARY FOR A Z00 AND FOR A HORTICULTURAL CENTER
FUNDED BY AN ADDITIONAL ONE-QUARTER ( } )
CENT SALES AND USE TAX ON ALL ITEMS EXCEPT FOOD FOR A
PERIOD OF THREE (3) YEARS
WHEREAS, a need exists in the City for additional
recreational and educational opportunities for families; and
WHEREAS, zoos and horticultural centers provide recreational
and educational opportunities for families; and
WHEREAS, a need exists in the world for the preservation of
endangered animal species; and
WHEREAS, modern zoos provide a method of preserving
endangered animal species; and
WHEREAS, support exists for a Zoo and a Community
Horticultural Center in the City; and
WHEREAS, the acquisition of land for a zoo and for a
coiiimunity horticultural center, and the construction of necessary
facilities can best be funded by a one-quarter ( } ) cent increase
in the City' s sales and use tax on all items except food for a
three (3) year period; and
WHEREAS, the need also exists in the City for additional
natural areas and open space; and
WHEREAS, the City Council has enacted ordinances for the
levy and collection of sales and use taxes as set forth in
Chapter 25, Article III, §§25-71 through 25-240, inclusive, of
the Code of the City; and
WHEREAS, the design, development, construction, operation,
management, and maintenance of a Zoo and of a Community
Horticultural Center by private not-for-profit organizations is a
bona fide public purpose and is in the City's best interest.
NOW THEREFORE, BE IT ORDAINED, as follows:
Section 1 . The City sales and use tax on all sales and
uses, except sales of food items as presently defined in C.R.S.
39-26-102 (4 . 5) , shall be increased by one-quarter ( } ) cent for a
period of three (3) years commencing on January 1, 1993 and
continuing through December 31, 1995 at which time such
additional tax shall cease. Such increase in the sales and use
tax shall be in addition to all other sales and use taxes levied
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and collected pursuant to Chapter 25 Article III of the Code of
the City.
Section 2 . The revenue raised as the result of the increase
in the sales and use tax described in Section 1 of this Ordinance
shall be used:
a. to finance the purchase of land for a zoo and
horticultural center; and
b. to finance the purchase of land for natural areas and
open space adjoining the zoo and adjoining the
horticultural center; and
C. to finance the design, development, and construction of
all necessary buildings, structures, and accessory
facilities for a zoo; and
d. to finance the design, development, and construction of
all necessary buildings, structures, and accessory
facilities for a community horticultural center.
Remaining sales and use tax revenue, if any, shall be placed
in a fund to be used for the acquisition of natural areas and
open space within the City' s urban growth area, and for no other
purpose.
Section 3 . The City shall designate the Rocky Mountain
Zoological Society, or other qualified private-not-for-profit
organization (hereinafter both collectively referred to as "the
organization") whose philosophy is consistent with that of the
America Association of Zoological Parks and Aquariums, to design,
develup, operate, maintain, and manage the zoo. The City shall
make this designation no later than December 31, 1992 . The
organization's governing board shall appoint a voting member of
that board as representative of the City based on recommendations
of the City.
Section 4 . The City shall lease the land and all buildings,
structures, and accessory facilities for the zoo to the
organization as expeditiously as possible after adoption of this
ordinance but no later than thirty (30) calendar days after
completion of construction and upon such terms and conditions as
deemed reasonable and prudent by the City Council.
Notwithstanding any statute, ordinance, charter provision or code
provision to the contrary, the term of that lease may exceed
twenty-five (25) years but shall be no more than ninety-nine (99)
years and may be renewable. Rent charged to the organization by
the City pursuant to this lease shall be nominal.
Section 5. Title to the land and all buildings, structui :_s,
and accessory facilities for the zoo constructed *iereon shall be
vested in the City.
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Section 6 . In the event the designated organization is
unable to complete or perform its obligations, the City may
rescind the designation, terminate the lease, and immediately
take possession of the zoo and all of the organization' s personal
property at the zoo, excluding animals.
Section 7 . The organization shall indemnify and hold the
City harmless against any and all costs arising from the
organizations conduct or management in the operation of the zoo.
Section 8 . The City shall allocate no funds for the
operation or maintenance of the zoo.
Section 9 . The City shall designate a qualified private
not-for-profit organization (hereinafter referred to as "the
organization") to design, develop, operate, maintain, and manage
the horticultural center. The City shall make this designation
no later than December 31, 1992 . The organization's governing
board shall appoint a voting member of that board as
representative of the City based on recommendations of the City.
Section 10. The City shall lease the land and all
buildings, structures, and accessory facilities for the
horticultural center to the organization as expeditiously as
possible after adoption of this ordinance but no later than
thirty (30) calendar days after completion of construction and
upon such terms and conditions as deemed reasonable and prudent
by the City Council. Notwithstanding any statute, ordinance,
charter provision or code provision to the contrary, the term of
that lease may exceed twenty-five (25) years but shall be no more
than ninety-nine (99) years and may be renewable. Rent charged
to the organization by the City pursuant to this lease shall be
nominal .
Section 11. Title to the land and all buildings,
structures, and accessory facilities for the horticultural center
constructed thereon shall be vested in the City.
Section 12 . In the event the designated organization is
unable to complete or perform its obligations, the City may
rescind the designation, terminate the lease, and immediately
take possession of the horticultural center and all of the
organization' s personal property at the horticultural center.
Section 1' . The organization shall indemnify and save the
City harmless against any and all costs arising from the
organizations c,>nduct or management in the operation of the
horticultural center.
Section 14 . The City shall allocate no funds for the
operation or maintenance of the horticultural center.
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Section 15. The city, as expeditiously as possible after
adoption of this ordinance, shall:
a. complete the acquisition of land for the zoo and
horticultural center; and
1- finance the design, development and construction of the
zoo and horticultural center.
To accomplish financing for land acquisition and financing for
construction the City shall issue sales and use tax revenue bonds
or bond anticipation notes or, at the discretion of the City
Council , shall use any other reasonable, prudent and expedient
financing mechanism. Costs. of such financing shall be paid or
reimbursed from the increase in the sales and use tax as
authorized herein.
Section 16. The Code of the City of Fort Collins shall be
amended as necessary to levy the additional tax provided for
herein.
Introduced, considered favorably on first reading, and ordered published
this 1st day of September, A.D. 1992, and to be presented for final passage on
the 15th day of September, A.U. 1992.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 15th day of September, A.D. 1992.
Mayor
ATTEST:
City Clerk