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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 -1- A\ 16 Acl(ovi T0.ke h WllgzZ 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. -2- 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. -3- 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