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HomeMy WebLinkAbout131 - 11/03/2015 - AMENDING SECTION 25-75(a) OF CITY CODE TO EXTEND THE EXPIRATION DATE OF THE CITY'S 0.25% STREET MAIN ORDINANCE NO. 131, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 25-75(a) OF THE CODE OF THE CITY OF FORT COLLINS TO EXTEND THE EXPIRATION DATE OF THE CITY'S 0.25% STREET MAINTENANCE SALES AND USE TAX AS APPROVED BY THE VOTERS AT THE CITY'S APRIL 7, 2015, REGULAR ELECTION AND TO CORRECT AN ERROR IN THE EXPIRATION DATE OF THE CITY'S 0.85% SALES AND USE TAX INCREASE APPROVED BY THE VOTERS AT THE CITY'S NOVEMBER 2, 2010, SPECIAL ELECTION WHEREAS, the City of Fort Collins has enacted comprehensive retail sales and use tax provisions that are codified in Chapter 25, Article III of the Fort Collins Municipal Code; and WHEREAS, the rate for this tax, as amended from time to time, is set in City Code Section 25-75(a); and WHEREAS, on February 3, 2015, the City Council adopted Resolution 2015-020 to refer to the City's voters at the City's April 7, 2015, regular election, a ballot measure to extend the expiration date of the City's existing 0.25% sales and use tax used for the maintenance of City streets (the "Street Maintenance Tax") from December 31, 2015, to December 31, 2025, which ballot measure the City's voters approved; and WHEREAS, this Ordinance amends Code Section 25-75(a) to change and extend the expiration date of the Street Maintenance Tax from December 31, 2015, to December 31, 2025, as approved by the City's voters on April 7, 2015; and WHEREAS, on August 17, 2010, the City Council adopted Resolution 2010-058 to refer to the City's voters at the City's November 2, 2010, special election, a ballot measure to increase the rate of the City's then existing sales and use tax from 3.00% to 3.85%, which measure was known as the "Keep Fort Collins Great" tax increase, with such increase to commence on January 1, 2011, and expire at midnight on December 31, 2020, (the "Ballot Measure") and the voters approved the Ballot Measure; and WHEREAS,on December 21, 2010,.the City Council adopted Ordinance No. 126, 2010 to amend Code Section 25-75(a) to increase the rate of the City's sales and use tax by 0.85% as authorized by the Ballot Measure (the "Tax Increase"), but Ordinance No. 126, 2010 incorrectly set December 31, 2021, as the expiration date for the Tax Increase instead of December 31, 2020; WHEREAS, this Ordinance amends Code Section 25-75(a) to so change the expiration date of the Tax Increase from December 31, 2021, to December 31, 2020. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 25-75(a) of the Code of the City of Fort Collins is hereby amended to read as follows: - 1 - Sec. 25-75. Rate of tax. (a) The amount of tax hereby levied is three and eight-five hundredths (3.85) percent of the purchase price of tangible personal,property or taxable services except that the amount of use tax levied on manufacturing equipment is three (3) percent of the purchase price. Twenty-five one-hundredths (0.25) percent of such amount is a tax which shall expire at midnight on December 31, 2030, the proceeds of which shall be used for the purposes of acquiring, operating and maintaining open spaces, community separators, natural areas, wildlife habitat, riparian areas, wetlands and valued agricultural lands, and to provide for the appropriate use and enjoyment of these areas by the citizenry, pursuant to the provisions of the Citizen-Initiated Ordinance No. 1, 2002. Another twenty-five one-hundredths (0.25) percent is a tax which shall expire at midnight on December 31, 2025, the proceeds of which shall be used for the purpose of paying the costs of planning, design, right-of-way acquisition, incidental upgrades and other costs associated with the repair and renovation of City streets, including, but not limited to, curbs, gutters, bridges, sidewalks, parkways, shoulders and medians. Another twenty-five one-hundredths (0.25) percent is a tax which shall expire at midnight on December 31, 2015, the proceeds of which shall be used for the purpose of paying the costs of planning, design, right-of-way acquisition, construction and at least seven (7) years of operation and maintenance of certain capital projects specified in the 'Building on Basics" capital project program, subject to the terms and conditions of Ordinance No. 92, 2005. Another eighty-five one- hundredths (0.85) percent is a tax which shall expire at midnight on December 31, 2020, " the proceeds of which shall be used in accordance with the terms and conditions of Ordinance No. 126, 2010. Introduced, considered favorably on first-reading, and ordered published this 20th day of October, A.D. 2015, and to be presented for final passage on the 3rd day of November, A.D. 2015. FFoRrc `moo•,... Mayor SEAL .N ATTEST: VV coL0 pOO City Clerk - 2 - Passed and adopted on final reading on this 3rd day of November, A.D. 2015. Mayor ATTEST: �o�FORT SEAL N City Clerk 6o,'• oRr, - 3 -