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HomeMy WebLinkAbout1997-018-02/11/1997-SUBMITTING ORDINANCE FOR THE 4/8/97 BALLOT EXTENDING THE SALES AND USE TAX FOR NATURAL AREAS AND TRA AVE**, �. RESOLUTION 97-18 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY AN ORDINANCE EXTENDING THE EXISTING TWENTY-FIVE HUNDREDTHS PERCENT (0.25%) SALES AND USE TAX FOR NATURAL AREAS AND TRAILS FOR A PERIOD OF EIGHT YEARS FOR THE PURPOSE OF OBTAINING ADDITIONAL REVENUE FOR NATURAL AREAS AND TRAILS AND FOR THE CONSTRUCTION OF CERTAIN PARK PROJECTS DESCRIBED IN THE"BUILDING COMMUNITY CHOICES" CAPITAL IMPROVEMENT PROGRAM 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) thereof, includes a twenty-five hundredths percent (0.25%) tax for the construction of certain capital projects as determined by the Choices 95 Executive Committee and approved by the City Council in 1989 (the"Choices 95 Tax"); a twenty-five hundredths percent (0.25%) tax for the purposes of street maintenance and overlay (the "Street Maintenance Tax"); and a twenty-five hundredths percent(0.25%) tax for the purpose of the acquisition, construction, enhancement, and maintenance of trail systems, wildlife habitat, and other natural areas to benefit the citizens of the city (the "Natural Areas Tax"); and WHEREAS, the aforementioned sales and use taxes will expire at midnight on December 31, 1997; and WHEREAS,the City Council believes it would be in the best interests of the citizens of the city to extend said taxes for an additional eight-year period of time to generate additional revenues for purposes similar to those for which the taxes were originally imposed; and WHEREAS,under Article X, Section 20 of the Colorado Constitution, any such extension would require a vote of the people; and WHEREAS,pursuant to Resolution 95-113,City Council adopted as one of its key"themes" for its 1995 - 1997 Policy Agenda the development of an on-going capital improvement program which addresses development-related infrastructure projects, as well as major enhancements to the community; and WHEREAS, during its December 12, 1995 Study Session on the "Building Community Choices" Capital Improvement Program, the City Council directed staff to develop a process by which to review and recommend capital projects, maintenance needs, and acquisitions for which authorization for continued funding will be sought from the voters of the city; and WHEREAS,the City Council further directed that the City's boards and commissions serve as the initial reviewing and recommending body for this effort,and that public input for this program be sought through a variety of forums including: video presentations,public meetings, service club presentations, surveys, public media and special event outreach; and WHEREAS, the City's boards and commissions have considered and estimated the community's capital improvement needs for the next twenty-year period; and WHEREAS,staff has presented the recommendations from the boards and commissions and citizens to the City Council, and has worked with the Council through a series of study sessions to review the recommendations and develop a list of possible projects to be funded through the "Building Community Choices"Capital Improvement Program; and WHEREAS,on January 14, 1997,the City Council adopted Resolution 97-7 which identified those purposes and projects that the Council believes should be presented to the City's voters at the April 8, 1997 regular municipal election; and WHEREAS, the purpose of this Resolution is to exercise the Council's authority under Article X, Section 3 of the City Charter to submit to the vote of the people a proposed ordinance extending the existing natural areas tax for a period of eight years for the purpose of obtaining additional revenues for natural areas and trails and for the construction of certain park projects described in the "Building Community Choices" Capital Improvement Program. NOW, THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That there is hereby referred to the registered voters of the City at the next regular City election to be held on April 8, 1997, the question of whether the following ordinance should be adopted: ORDINANCE NO. 29, 1997 OF THE COUNCIL OF THE CITY OF FORT COLLINS EXTENDING THE EXISTING TWENTY-FIVE HUNDREDTHS PERCENT (0.25%) SALES AND USE TAX FOR NATURAL AREAS AND TRAILS FOR A PERIOD OF EIGHT YEARS FOR THE PURPOSE OF OBTAINING ADDITIONAL REVENUE FOR NATURAL AREAS AND TRAILS AND FOR THE CONSTRUCTION OF CERTAIN PARK PROJECTS DESCRIBED IN THE"BUILDING COMMUNITY CHOICES" CAPITAL IMPROVEMENT PROGRAM 2 WHEREAS,the City of Fort Collins has heretofore enacted a comprehensive retail 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) thereof, includes a twenty-five hundredths percent (0.25%)tax for funding the acquisition,construction, enhancement and maintenance of trail systems,wildlife habitat and other natural areas to benefit the citizens of the City (the "Natural Areas Tax"); and WHEREAS, the Natural Areas Tax is scheduled to expire at midnight on December 31, 1997; and WHEREAS, on January 14, 1997,the City Council adopted Resolution 97-7 identifying various projects that it believes should be funded by the extension of the existing sales and use taxes referred to above, and has submitted to the registered electors of the City the question of whether an ordinance extending the Natural Areas Tax for a period of eight years should be enacted to obtain additional revenues for the acquisition, construction, enhancement and maintenance of open lands, 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 the City's "Building Community Choices" Capital Improvement Program; and WHEREAS, at the regular City election on April 8, 1997, the voters of the City of Fort Collins approved the extension of such tax for the foregoing purposes and determined that,upon the expiration of the Natural Areas Tax,it is necessary and desirable that a new twenty-five hundredths percent(0.25%) sales and use tax on all taxable items be imposed,subject to the exceptions contained in Section 25-73(c)and (d) of the City Code, commencing January 1, 1998, for the purpose of obtaining additional revenues for open space, natural areas and trails and for the construction of certain park projects described in the "Building Community Choices" Capital Improvement Program. 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: Section 25-75. Rate of tax. (a) The amount of tax hereby levied is (insert total -- not to exceed present level of three)percent of the purchase price of tangible 3 personal property or taxable services. 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 the acquisition, construction, enhancement and maintenance 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. Section 2. That the revenue generated by the twenty-five hundredths percent (0.25%) sales and use tax imposed pursuant to this Ordinance (the "Tax") shall be used for the acquisition,construction,enhancement and maintenance of open lands,trail systems,wildlife habitat and other natural areas to benefit the citizens of the city and, to the extent that such revenues are sufficient, for the construction of certain park projects,as described on Exhibit"A", attached hereto and incorporated herein by this reference, subject to the following terms and conditions: (a) The design,cost and scheduling of said projects shall be determined by the City Council; provided, however, that no decision regarding the design or cost of any such project shall substantially change the essential character, or eliminate any of the components, of said project as described on Exhibit "A", except as expressly permitted under subsection 2(b) below. This provision shall not be construed as prohibiting the City Council from: (i) enhancing the scope or design of any project, or increasing the cost thereof,unless such enhancement or increase in cost would substantially impair the City's ability to fully fund the construction of any of the other projects described on Exhibit "A", except those projects, if any, which have been eliminated by the City Council pursuant to the provisions of subsection(b)below; or (ii) using any other revenues lawfully available to the City to enhance the scope or design of any such project,or to increase the cost of the same. (b) All of the projects described on Exhibit"A" shall be undertaken and completed by the City unless the City Council determines by resolution, after receiving a recommendation from the City Manager and the City's Financial Officer, that: (i) the expenditure of revenues from the Tax for any such project would reduce the total amount of revenues available from the 4 Tax for the acquisition, construction, enhancement and maintenance of natural areas and trails to less than $27,000,000.00; or (ii) it is no longer legally or financially feasible to undertake and complete any such project without substantially altering the essential character of the same as described on Exhibit "A". Section I That any revenues generated by the Tax and remaining unexpended and unencumbered after the completion of all of the projects described on Exhibit "A," excluding any such projects eliminated by the City Council under the provisions of Section 2 (b) (i) or (ii) above, shall be used for the acquisition, construction, enhancement and maintenance of natural areas, open lands, trails, wildlife habitat and other natural areas as described on Exhibit"A". Section 4. That the full amount of revenues derived from the Tax may be retained and expended by the City,notwithstanding any state revenue or expenditure limitations including,but not limited to,those contained in Article X, Section 20 of the Colorado Constitution. Section 5. That the amendment of Section 25-75(a) of the City Code as set forth herein shall take effect at 12:01 a.m. on January 1, 1998. Section 6. 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 proposed Ordinance No. 29, 1997, of the Council of the City of Fort Collins is submitted to the registered electors of the City of Fort Collins at the next regular election to be held on April 8, 1997 in substantially the following form: 5 PROPOSED ORDINANCE NO. 29, 1997 AN ORDINANCE OF THE CITY OF FORT COLLINS EXTENDING,FOR A PERIOD OF EIGHT YEARS,THE EXISTING SALES AND USE TAX FOR NATURAL AREAS AND TRAILS AT THE RATE OF 0.25%(250 ON A $100 PURCHASE),WHICH TAX IS PRESENTLY SCHEDULED TO EXPIRE DECEMBER 31,1997;PROVIDING THAT THE REVENUES OF THE EXTENDED TAX SHALL BE USED,IF SUFFICIENT,FOR THE FOLLOWING CAPITAL PROJECTS,AS PART OF THE"BUILDING COMMUNITY CHOICES"CAPITAL IMPROVEMENT PROGRAM: NATURAL AREAS,OPEN LANDS,AND TRAILS--ACQUISITION, CONSTRUCTION,ENHANCEMENT AND MAINTENANCE COMMUNITY HORTICULTURAL CENTER FOSSIL CREEK COMMUNITY PARK CONSTRUCTION COMMUNITY PARK IMPROVEMENTS REGIONAL TRAILS AND FURTHER PROVIDING THAT THE COST,DESIGN AND SCHEDULING OF THE PROJECTS SHALL BE DETERMINED BY THE CITY COUNCIL; THAT THE FULL AMOUNT OF REVENUE FROM THE TAX MAY BE RETAINED AND EXPENDED BY THE CITY NOTWITHSTANDING ANY STATE REVENUE OR EXPENDITURE LIMITATIONS, INCLUDING, WITHOUT LIMITATION, ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION; AND THAT ANY EXCESS REVENUES GENERATED BY THE TAX SHALL BE USED FOR NATURAL AREAS AND TRAILS. FOR THE ORDINANCE AGAINST THE ORDINANCE Passed and adopted at an adjourned meeting of the Counc' City of Fort Co held this 1 lth day of February, A.D. 1997. ..--�`� ayor -- ATTEST: City Clerk 6 Exhibit A Building Community Choices: Natural Areas and Parks Projects PROJECT DESCRIPTION Estimated Cost 1996 Dollars Natural Areas, Open Lands and Trails --Acquisition, Construction, $2790009000 Enhancement and Maintenance Provide funding to protect natural areas and other categories of open lands, such as corridors, community separators, gateways, edges, and small urban pockets. The project will provide funding for such programs as the permanent protection of significant natural areas and other open lands through land and water acquisition, conservation easements and other techniques; the restoration or enhancement of disturbed or degraded areas; the installation of parking areas, trails, interpretive signs, and other features for appropriate public use; the development of environmental interpretation programs; and the continuation of a stewardship fund to provide for long-term programs care of protected lands. Projects will be undertaken within Fort Collins and the Urban Growth Area, in the area between Fort Collins and Loveland, and regionally. Community Horticulture Center $290009000 The Community Horticulture Center will include such amenities as a greenhouse/ conservatory, an outdoor amphitheater, and demonstration and community gardens. The center will provide year-round opportunities to learn about gardening. It will also serve as a resource for plant materials by, for example, providing flowers for parks and streetscapes, native plants for natural areas restoration and food for the Food Distribution Center. Fossil Creek Community Park Construction $890009000 The City owns 100 acres of land located just west of SouthRidge Golf Course. The purpose of this project will be to develop this land into a community park which will include such amenities as lighted ballfields, soccer/sports fields, playgrounds, picnic shelters, basketball and tennis courts, trails and related facilities. Community Park Improvements $4509000 This project will add improvements to City owned community parks (City Park, Edora, Lee Martinez and Rolland Moore). The project will include such improvements as ballfield and parking lot renovations, ballfield lighting upgrades and restroom improvements. Regional Trails $192509000 The cities of Fort Collins, Loveland, and Greeley, the towns of Timnath and Windsor, and Larimer County anticipate working together to create a regional trail system linking all these communities. This project will provide funding for Fort Collins' share of this regional trail system,by expanding sections of the City's trail system to its urban growth area boundaries.