HomeMy WebLinkAbout1999-022-02/16/1999-SUBMITTING AN ORDINANCE TO THE REGISTERED ELECTORS ESTABLISHING A 0.36% SALES AND USE TAX FOR A NEW RESOLUTION 99-22
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY
AN ORDINANCE ESTABLISHING A THIRTY-SIX ONE-HUNDREDTHS PERCENT
(0.36%) SALES AND USE TAX ON ALL TAXABLE SERVICES AND TANGIBLE
PERSONAL PROPERTY EXCEPT FOOD, FOR THE PURPOSE OF OBTAINING
ADDITIONAL REVENUES FOR A NEW TRAFFIC SIGNAL CONTROL SYSTEM,
IMPLEMENTATION OF THE CITY'S TRANSIT DEVELOPMENT PLAN, AND TO FUND
OTHER COSTS OF OPERATING THE CITY'S OVERALL TRANSPORTATION SYSTEM,
WHICH TAX SHALL REMAIN IN EFFECT FOR A PERIOD OF 10 YEARS AND SIX
MONTHS BEGINNING ON JULY 1, 1999 AND ENDING DECEMBER 31, 2009
WHEREAS, the City of Fort Collins has enacted a comprehensive sales and use tax, which
enactment is codified in Chapter 25,Article III,of the Code of the City of Fort Collins(the "Code");
and
WHEREAS,the amount of such tax presently imposed by the Code,as contained in Section
25-75(a),is three(3)percent of the purchase price of tangible personal property or taxable services;
and
WHEREAS,the City's transportation operations system provides awide variety of services,
including traffic operations, transit, paratransit, parking, transportation demand management,
pedestrian services, engineering and transportation planning; and
WHEREAS, over the past several years, the City's transportation network has been unable
to keep pace with the substantial growth and development that the City has experienced and the
changing transportation habits of the City's residents, resulting in increased traffic congestion and
poor air quality in the City; and
WHEREAS,the City's transportation operations system is facing a critical funding shortfall,
which amounts to approximately 7.3 million dollars annually, with the largest portion of such
shortfall being in the area of transit service; and
WHEREAS, another critical area of need in the City's transportation system relates to the
City's traffic signal timing system, which is in need of replacement; and
WHEREAS, in 1998, the City Manager, in consultation with the City Council, established
a Transportation Funding Advisory Committee("TFAC")to consider all of the City's transportation
operations needs in a comprehensive fashion; and
WHEREAS, the TFAC, the City's Transportation Board and the City Manager, after
thoroughly exploring various funding strategies to minimize,if not close,the funding gap in all areas
of transportation, have recommended that the Counci I submit to the registered electors of the City
an additional sales and use tax for a period of ten years and six months, beginning July 1, 1999 and
ending December 31, 2009, at the rate of 0.36%, the revenues of which tax would be used for the
purchase and installation of a new traffic signal control system, implementation of the City's transit
development plan,and to fund other costs of operating the City's overall transportation system;and
WHEREAS,the Council believes it would be in the best interests of the residents of the City
to submit such a proposed tax to the voters.
NOW, THEREFORE, BE 1T 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 at the next
regular City election to be held on April 6, 1999, the question of whether the following proposed
ordinance should be adopted:
ORDINANCE NO. , 1999
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ESTABLISHING A THIRTY-SIX ONE-Ht!NDREDTHS PERCENT (0.36%)
SALES AND USE TAX ON ALL TAXABLE SERVICES AND ALL
TANGIBLE PERSONAL PROPERTY EXCEPT FOOD, FOR THE
PURPOSE OF OBTAINING ADDITIONAL REVENUES FOR A NEW
TRAFFIC SIGNAL CONTROL SYSTEM. IMPLEMENTATION OF THE
CITY'S TRANSIT DEVELOPMENT PLAN, AND TO FUND OTHER
COSTS OF OPERATING THE CITY'S OVERALL
TRANSPORTATION SYSTEM, WHICH TAX SHALL REMAIN
IN EFFECT FOR A PERIOD OF rEN YEARS AND SIX
MONTHS, BEGINNING ON JULY 1, 1999
AND ENDING DECEMBER 31, 2009
WHEREAS,the City of Fort Collins has enacted a comprehensive sales and
use tax, which enactment is codified in Chapter 25. Article 111, of the Code of the
City of Fort Collins (the "Code"); and
WHEREAS, the amount of such tax presently imposed by the Code, as
contained in Section 25-75(a), is three(3) percent of the purchase price of tangible
personal property or taxable services; and
WHEREAS, the City's transportation operations system provides a wide
variety of services, including traffic operations, transit, paratransit, parking,
transportation demand management, pedestrian services, engineering and
transportation planning; and
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WHEREAS,over the past several years,the City's transportation network has
been unable to keep pace with the substantial growth and development that the City
has experienced and the changing transportation habits of the City's residents,
resulting in increased traffic congestion and poor air quality in the City; and
WHEREAS, the City's transportation operations system is facing a critical
funding shortfall,which amounts to approximately 7.3 million dollars annually,with
the largest portion of such shortfall being in the area of transit service; and
WHEREAS,another critical area of need in the City's transportation system
relates to the City's traffic signal timing system,which is in need of replacement;and
WHEREAS, in 1998, the City Manager, in consultation with the City
Council, established a Transportation Funding Advisory Committee ("TFAC") to
consider all of the City's transportation operations needs i n a comprehensive fashion;
and
WHEREAS, the TFAC, the City's Transportation Board and the City
Manager, after thoroughly exploring various funding strategies to minimize, if not
close, the funding gap in all areas of transportation, recommended that the Council
submit to the registered electors of the City an additional sales and use tax for a
period of ten years and six months,beginning.)my 1, 1999 and ending December 31,
2009,at the rate of 0.36%,the revenues of which tax would be used for the purchase
and installation of a new traffic signal control system, implementation of the City's
transit development plan, and to fund other costs of operating the City's overall
transportation system; and
WHEREAS,the Council, by adoption of Resolution 99-22, submitted to the
registered electors of the City at aregular City election on April 6, 1999,the question
of whether this Ordinance imposing such an additional sales and use tax should be
adopted; and
WHEREAS, a majority of the registered electors voting at such election
approved the adoption of this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF FORT COLLINS as follows:
Section 1. That Section 25-75(a) of the Code of the City of Fort Collins is
hereby amended to read as follows:
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Section 25-75. Rate of tax.
(a) The amount of tax hereby levied is three and thirty-six one-
hundredths (3.36)percent of the purchase price of tangible personal
property or taxable services. Twenty-five one-hundredths (0.25)
percent of such amount is a tax which shall expire at midnight on
December 31, 2005, and the proceeds of which shall be used for the
purpose of the acquisition, construction, enhancement and mainte-
nance of trail systems, wildlife habitat and other natural areas to
benefit the citizens of the city and for the construction of certain park
projects as described in Ordinance No.29, 1997. Another twenty-five
one-hundredths(0.25)percent is a tax which shall expire at midnight
on December 31, 2005, and the proceeds of which shall be used for
the purpose of street maintenance and overlay and for the
construction of certain transportation projects as identified in
Ordinance No. 30, 1997. Another twenty-five one-hundredths(0.25)
percent is a tax which shall expire at midnight on December 31,2005,
and the proceeds of which shall be placed in the capital projects fund
of the city for the construction of certain capital projects as identified
in Ordinance No. 31, 1997, and approved by the City Council
according to the provisions of said Ordinance. Another thirty-six
one-hundredths (0.36) percent is a tax which shall commence at
midnight on June 30, 1999 and expire at midnight on December 31,
2009, and the proceeds of which shall be used for the purpose of
purchasing and building a new traffic signal control system,
implementing the City's transit development plan as the same may
be amended by the City Council from time to time,and funding other
costs of operating the City's overall transportation system.
Section 2. That the revenue generated from the thirty-six one-hundredths
percent (0.36%) sales and use tax imposed pursuant to this Ordinance (the "Tax")
shall be used for the purpose of purchasing and building a new traffic signal control
system, implementing the City's transit development plan as the same may be
amended by the Council from time to time, and funding other costs of operating the
City's overall transportation system, all as generally described on Exhibit "A",
attached hereto and incorporated herein by this reference;provided,however,that the
particular components, cost and scheduling of the activities and projects, shown on
Exhibit "A" shall be finally determined by the City Council.
Section 3. That the full amount of revenues derived from the Tax may be
retained and expended by the City,notwithstanding any state revenue or expenditure
limitation including, but not limited to, those contained in Article X. Section 20 of
the Colorado Constitution.
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Section 4. That except as provided herein,all other provisions of Chapter 25
of the City Code shall remain in full force and effect unless otherwise rescinded or
modified by action of the City Council.
Section 2. That the foregoing proposed Ordinance of the Council of the City of Fort
Collins is hereby submitted to the registered electors of the City of Fort Collins at the next regular
municipal election to be held on April 6, 1999, in substantially the following form:
PROPOSED CITY-INITIATED ORDINANCE
SHALL THE CITY OF FORT COLLINS'TAXF,S BE INCREASED BY$6,435,187
IN THE FIRST FULL FISCAL YEAR, AND BY WHATEVER ADDITIONAL
AMOUNTS ARE RAISED ANNUALLY "I HEREAFTER, THROUGH THE
ADOPTION OF AN ORDINANCE OF THE CITY OF FORT COLLINS
ESTABLISHING A SALES AND USE TAX ON ALL TAXABLE SERVICES
AND ALL TANGIBLE PERSONAL PROPERTY EXCEPT FOOD AT THE RATE
OF 0.36% (36 CENTS ON A $100 PURCHASE), WITH THE REVENUES
DERIVED FROM THE TAX TO BE USED FOR THE FOLLOWING PURPOSES,
AS PART OF THE "TRANSPORTATION OPFRATIONS" PROGRAM:
• A NEW TRAFFIC SIGNAL CONTROL SYSTEM;
• IMPLEMENTATION OF THE CITY'S TRANSIT
DEVELOPMENT PLAN:
• OTHER COSTS OF OPERATING THE CITY'S
OVERALL TRANSPORTATION SYSTEM;
WHICH TAX SHALL REMAIN IN EFFECT FOR A PERIOD OF TEN YEARS
AND SIX MONTHS,BEGINNING JULY 1, 1999 AND ENDING DECEMBER 31,
2009;WITH THE COST,PARTICULAR COMPONENTS AND SCHEDULING OF
THESE ACTIVITIES AND PROJECTS TO BE FINALLY DETERMINED BY THE
CITY COUNCIL;AND WITH THE FULL AMOUNT OF REVENUES DERIVED
FROM THE TAX TO BE RETAINED AND EXPENDED BY THE CITY
NOTWITHSTANDING ANY STATE REVENUE OR EXPENDITURE
LIMITATIONS INCLUDING, BUT NOT LIMITED TO, ARTICLE X, SECTION
20 OF THE COLORADO CONSTITUTION?
FOR THE ORDINANCE
AGAINST THE ORDINANCE
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Passed and adopted at regular meeting of the Council of City of Fort Co eld this
16th day of February, A.D. 1998.
avor
ATTEST:
City Clerk
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Exhibit "A"
Transportation Operations Activities and Projects
Estimated
Activity or Project Description Cost (1999dollars)
Traffic Signal Control System $4,410,000
This project would provide for a new traffic signal control system using current technology. The
components of the new system would include,but not be limited to,a new central processing unit;
upgraded intersection controllers; improved communications devices; system and traffic status
monitoring devices;software for improved analysis,tracking,timing and implementation;and other
enhancements. The purpose of the new system would be to promote a freer movement of traffic,
mitigate congestion,contribute to better air quality,and allow the City to respond to unusual or one-
time traffic problems. Planning, design, right-of-way acquisition (if any) and other project costs
may be included.
Implementation of the Transit Development Plan $72,670,300
The implementation of the Transit Development Plan would provide for expanded transit service,
including Dial-A-Ride service,throughout the City. Frequency of service would be increased on
College Avenue,West Mulberry and Drake Road. New service would be added to East Mulberry,
Shields, Timberline, Lemay and Harmony. Full service connectivity would be provided by
integrating route connections at a north transit center, a south transit center,and a transit center at
Colorado State University. (Facilities for transit centers would be funded separately from this
ordinance.) This funding source would provide the funds to purchase new buses,expand the transit
maintenance facility,and operate approximately seven more routes than exist today. Service hours
would be tripled. Night service and weekend service would he implemented City-wide. The
purpose of these improvements would be to achieve air qualith goals, congestion management
goals,and provide improved mobility. Planning,design,right-ol-way acquisition(if any)and other
project costs may also be included.
Transportation Operations $13,758,300
Costs of Operating the City's Overall Transportation System
Expenditures for transportation operations would include,but not be limited to,funding othercosts
of operating the City's overall transportation system such as providing additional services in
development review; document management; acquiring right-of-way for street improvements;
traffic operations such as traffic bulb replacement; the construction of improvements for
pedestrians; operation of the parking program, including the City's parking structures; and
transportation operation costs related to the Mason Street Corridor.
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