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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 That Chapter 26, Article VIII of the City Code entitled "Transportation Utility" shall be, and the same hereby is, repealed in its entirety.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. if i yor ATTEST: City Clerk Passed and adopted on final reading this 18th day of February, A.D. 1992. i ,mayor ATTEST: pQ� City Clerk