Loading...
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 2 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: 3 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. 4 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 5 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 6 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. 7