HomeMy WebLinkAbout2004-101-09/07/2004-SUBMITTING PROPOSED CITIZEN-INITIATED ORDINANCE NO. 002, 2004, RELATING TO THE ELIMINATION OF SALES RESOLUTION 2004-101
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING PROPOSED CITIZEN-INITIATED ORDINANCE NO. 002, 2004,
RELATING TO THE ELIMINATION OF SALES TAX ON GROCERY FOOD
TO A VOTE OF THE REGISTERED CITY ELECTORS AT THE NEXT
REGULAR MUNICIPAL ELECTION ON APRIL 5, 2005
WHEREAS, under Article X, Section 1 of the Charter of the City of Fort Collins, the
registered electors of the city have the power to propose a measure to the Council,and if the Council
fails to adopt a measure so proposed,then to adopt or reject such ordinance or resolution at the polls;
and
WHEREAS,an initiative petition proposing the elimination of the City s sales tax on grocery
food has been submitted to the City; and
WHEREAS, the City Clerk has certified said petition as sufficient for submission of the
initiated ordinance to a vote of the people at a special municipal election and has presented said
petition to the City Council as provided in Article X, Section 5(f)(4) of the City Charter; and
WHEREAS, under Article X, Section l(e) of the City Charter, upon presentation of an
initiative petition certified as to sufficiency by the City Clerk, the Council must either adopt the
citizen-initiated ordinance without alteration within thirty(30)days or submit said citizen-initiated
ordinance in the form petitioned for, to the registered electors of the city; and
WHEREAS, the City Council voted unanimously on August 17, 2004 not to adopt the
initiated ordinance because of the severe impact that the measure's passage would have on the
delivery of City services to the Fort Collins community; and
WHEREAS,when a special election is requested in an initiative petition and the petition has
been certified as sufficient, and the Council declines to adopt the measure, the measure must
generally be submitted at the next special municipal election to be held within one-hundred twenty
days of the Council's consideration of the measure,unless any other regular or special city election
is to occur within said period, in which case the initiative measure must be consolidated with such
other election; and
WHEREAS,notwithstanding the foregoing general rule,Article X, Section 6(e)of the City
Charter states that not more than one special election on citizen-initiated measures shall be held in
any twelve (12)months; and
WHEREAS,since a special election on a citizen-initiated measure has been held by the City
on August 10,2004,the above-referenced initiative petition relating to the reduction of sales tax on
grocery food must be referred to the registered electors of the city at the next regular city election
on April 5, 2005.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That there is hereby submitted to the registered electors of the City of Fort
Collins at the next regular city election to be held on Tuesday,April 5,2005,the following proposed
citizen-initiated ordinance:
CITIZEN-INITIATED ORDINANCE NO. 2,2004
Whereas, the growth of taxation and regulatory burdens upon the private sector in Fort
Collins has exceeded the growth of population plus inflation;and
Whereas, said burdens are stunting the orderly development of Fort Collins,especially in
comparison to nearby cities;
Therefore,be it enacted by the citizens of Fort Collins that"(2.25)percent"in Section 25-
73(d)(1)of the Municipal Code is changed to"(2.25)percent prior to January 1,2005;(1.5)percent
on January 1,2005; (0.75)percent on January 1,2006;and(zero)percent on January 1,2007;"
Section 2. That the foregoing proposed citizen-initiated ordinance is hereby submitted
to the registered electors of the City of Fort Collins at said regular municipal election in substantially
the following form:
CITIZEN-INITIATED ORDINANCE NO. 2, 2004
PROPOSED ORDINANCE
An ordinance amending Section 25-73(d)(1)of the Code of the City of Fort Collins
to phase in the elimination of the existing 2.25 percent City sales tax on food for
domestic home consumption by reducing said sales tax to 1.5 percent on January 1,
2005; 0.75 on January 1, 2006; and zero percent on January 1, 2007.
FOR THE ORDINANCE
AGAINST THE ORDINANCE
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 7th
day of September, A.D. 2004.
Mayor
ATTEST:
City Clerk