HomeMy WebLinkAbout064 - 06/15/2010 - AMENDING CHAPTER 7.5, ARTICLE II AND CHAPTER 8, ARTICLE III OF THE CITY CODE TO DISCONTINUE THE LIBR 1
ORDINANCE NO. 064, 2010
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 7.5, ARTICLE II AND CHAPTER 8, ARTICLE III
OF THE CODE OF THE CITY OF FORT COLLINS TO DISCONTINUE THE
LIBRARY CAPITAL IMPROVEMENT EXPANSION FEE
WHEREAS, on May 21, 1996, the City Council adopted Ordinance No. 051, 1996,
amending the City Code to establish certain capital improvement expansion fees, including a library
capital improvement expansion fee(the"Library Fee"),and to create accounts to receive the revenue
from such fees; and
WHEREAS, on November 7, 2006, the voters approved a citizen initiative to establish and
fund the Fort Collins Regional Library District, now called the Poudre River Public Library District
(the"Library District"),pursuant to Sections 24-90-101 to 606 of the Colorado Revised Statutes;and
WHEREAS, on December 4, 2007, the City Council approved Ordinance No. 139, 2007,
authorizing an Intergovernmental Agreement between the City,Larimer County("County")and the
Library District (the "IGA"), which IGA was executed on December 18, 2007; and
WHEREAS,since the formation of the Library District,City staff has indicated to the Library
District that the City is not likely to continue imposing the Library Fee on new development within
the City if the County is not willing to impose a similar fee on new development in unincorporated
areas of the Library District; and
WHEREAS, in the IGA the City agreed to continue collecting the Library Fee at least until
the new Southeast Branch Library was completed and fully paid for by the City,with any remaining
Library Fee proceeds going to the Library District on condition the funds be spent only on library
capital improvements located within the City of Fort Collins; and
WHEREAS, the City and the Library District further agreed in the IGA that following final
payment for the Southeast Branch Library by the City, the City Council would consider, after
consultation with the District, whether to continue imposition of the Library Fee and remittance of
Library Fee revenues to the District; and
WHEREAS, in March,2009,the Southeast Branch library was completed and opened to the
public and the City Council, in its March 24, 2009 Work Session, indicated that before deciding
whether to continue the Library Fee, the City Council would like to know whether the County is
willing to impose a similar fee on Library District residents who live in unincorporated areas of the
County; and
WHEREAS, in March, 2010,the County Commissioners declined to impose an impact fee
to benefit the Library District; and
WHEREAS, City staff is now recommending that the City Council discontinue the Library
Fee by amending Section 7.5-16 of the City Code, repealing Section 7.5-27 of the City Code
regarding the library capital improvement expansion fee,and repealing Section 8-94 of the City Code
establishing the library capital improvement expansion account.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 7.5-16 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 7.5-16. Intent.
The provisions of this Article are intended to impose certain fees to be collected
at the time of building permit issuance in an amount calculated as shown herein for
the purpose of funding the provisions of additional capital improvements as the City's
population increases. The imposition of said fees is intended to regulate the use and
development of land by ensuring that new growth and development in the City bear
a proportionate share of the costs of capital expenditures necessary to provide
community park, police, fire and general government and transportation capital
improvements. Said fees shall not be used to collect more than is necessary to fund
such capital improvements. The fees provided for in this Article are based on the
City's Capital Improvement Expansion Cost Study,dated May 21, 1996,as amended;
the City's Street Oversizing Impact Fee Study, dated July 15, 1997, and Street
Oversizing Impact Fee Study Update, dated November 28, 2000, as amended; and
The ITE Trip Generation Manual, 6th Edition, 1997, published by the Institute of
Traffic Engineers, as amended, which establish a fair and equitable allocation of
costs and recognize past and future payments for new development,as well as credits
for construction, dedication of land or cash contributions. Funds collected from said
fees shall not be used to remedy existing deficiencies,but only to provide new capital
improvements which are necessitated by new development. The amount of revenue
generated by said fees shall not exceed the cost of providing the capital
improvements for which they are imposed, and the same shall be expended solely to
provide the specified capital improvements.
Section 2. That Section 7.5-27 of the Code of the City of Fort Collins is hereby deleted
in its entirety:
Section 3. That Section 8-94 of the Code of the City of Fort Collins is hereby deleted in
its entirety:
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Introduced,considered favorably on first reading,and ordered published this 1 st day of June,
A.D. 2010, and to be presented for final passage on the 15th day e, A.D. 2010.
o . .
Mayor
-ATTEST:
City Clerk `
Passed and adopted on final reading on the 15th day of ne A.D. 2010.
Mayor
ATTEST:
City Clerk