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HomeMy WebLinkAbout1991-020-02/05/1991-EDORA POOL ICE CENTER INDOOR ICE RINK REFERRING PROPOSED ORDINANCE SALES AND USE TAX RESOLUTION 91-20 OF THE COUNCIL OF THE CITY OF FORT COLLINS REFERRING A PROPOSED ORDINANCE REQUIRING THE CONSTRUCTION OF AN ADDITIONAL INDOOR ICE RINK AND ACCESSORY FACILITIES AT THE EDORA POOL/ ICE CENTER FUNDED BY AN ADDITIONAL TWENTY-FIVE HUNDREDTHS ( .25%) SALES AND USE TAX ON ALL ITEMS EXCEPT FOOD FOR A PERIOD OF TWO YEARS TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY WHEREAS, under Article X Section 3 of the Charter of the City of Fort Collins, the registered electors of the City have the power to propose a measure to the Council , and, if the Council fails to adopt a measure so proposed, to adopt or reject such measure at the polls; and WHEREAS, upon presentation of an initiative petition certified as to sufficiency by the City Clerk, the Council shall either adopt the proposed ordinance without alteration within thirty (30) days or refer such proposed measure in the form petitioned for, to the registered electors of the city; and WHEREAS, the Charter requires that if the petition requests that the measure be submitted to the vote of the people at a regular election and is signed by the number of registered electors equal to ten (10) percent of the total ballots cast at the last regular City election, the Council shall submit the measure to the voters at the next regular election; and WHEREAS, an initiative petition pertaining to a proposed ordinance requiring the construction of an additional indoor ice rink and accessory facilities at the Edora Pool/Ice Center funded by an additional twenty-five hundredths percent ( .25%) sales and use tax on all items except food for a period of two years has been submitted, and the City Clerk has certified said petition as sufficient and has presented said petition to the City Council as provided in Article X, Section 4(g) (4) of the City Charter; and WHEREAS, the City Council desires to refer said proposed ordinance to a vote of the registered electors of the City at said regular election. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That there is hereby referred to the registered electors of the City of Fort Collins at the regular election to be held in the several precincts of the City on Tuesday, April 2, 1991, the following proposed ordinance: ORDINANCE NO.19, 1991 REQUIRING THE EXPANSION OF THE EXISTING EDORA POOL/ICE CENTER (EPIC) IN FORT COLLINS, COLORADO BY THE CONSTRUCTION OF AN ADDITIONAL INDOOR ICE RINK AND ACCESSORY FACILITIES TO SUCH RINK FUNDED BY AN ADDITIONAL TWENTY-FIVE HUNDREDTHS PERCENT (.251-) SALES AND USE TAX ON ALL ITEMS EXCEPT FOOD FOR A PERIOD OF TWO YEARS WHEREAS, Ordinance No. 29, 1984 was approved by voters of the City of Fort Collins Colorado ("City") at an election in 1984, said ordinance requiring the construction of a swimming pool/ice rink facility ("EPIC") funded by a twenty-five hundredths percent (.25Y) sales and use tax for five years on all items except food; and WHEREAS, EPIC was planned and constructed with the potential to expand the facility; and WHEREAS, the existing ice rink at EPIC, consisting of one sheet of ice, can no longer meet the ice rink needs of the citizens of the City and the City desires to expand EPIC by the addition of a second indoor ice rink together with accessory facilities; and WHEREAS, such expansion of EPIC can best be funded by a twenty-five hundredths percent (.25Y) increase in the City's sales and use tax on all items except food for a two-year period; 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, Sections 25-71 through 25-240, inclusive, of the Code of the City; and WHEREAS, a petition of registered electors of the City has been duly filed with the City requiring that the City Council either adopt this ordinance or submit it to the registered electors of the City at the next regular City election. 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 twenty-five hundredths percent (.25Y) for a period of two years, commencing on July 1, 1991 and continuing through June 30, 1993, 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 and collected pursuant to Chapter 25, Article III of the Code of the City. Section 2. The revenue raised as a result of the increase in the sales and use tax described in Section 1 of this ordinance shall be used for the purpose of funding an expansion to EPIC consisting of the addition of a second indoor ice rink with an ice surface two hundred feet (200 ft.) by one hundred feet (100 Ft.), together with necessary and customary accessory facilities which shall include, but not be limited to, locker rooms and seating. Such additional sales and use tax revenue shall first be used to fund the costs of construction and financing of the expansion to EPIC as described in this ordinance. Remaining sales and use tax revenue, if any, shall be placed in an operational and maintenance fund for EPIC for the purpose of defraying operational and maintenance costs of EPIC. In the event that such remaining revenue should not be needed to defray operational and maintenance costs of EPIC, then any such remaining revenue shall be transferred to the City's General Fund. Section 3. The quality of construction and design of the expansion of EPIC shall be substantially the same as that used for the original construction and design of EPIC. The bidding, design and construction required to accomplish the expansion of EPIC shall begin as expeditiously as possible after adoption of this ordinance, with construction to be completed by December 31, 1992. In order to meet the project completion date of December 31, 1992, the City shall finance the cost, in whole or in part, of design and construction of the expansion of EPIC. The City is hereby authorized to issue sales and use tax revenue bonds or bond anticipation notes to accomplish such financing or, at the discretion of City Council, to use any other reasonable and prudent mechanism to accomplish such financing. Costs of such financing shall be paid or reimbursed from the revenue raised from the increase in the sales and use tax as authorized herein. Section 4. The City shall be responsible for managing and coordinating all phases of the bidding, design and construction of the expansion of EPIC in the same manner as for other similar City projects. Only those project management costs which are directly attributable to the EPIC expansion project shall be paid or reimbursed from the revenue raised from the increased sales and use tax authorized herein. Section 2. That said Proposed Ordinance is hereby referred to the registered electors of the City of Fort Collins at said regular election in the following form: CITIZEN-INITIATED ORDINANCE An ordinance increasing the City sales and use tax on all items except food by twenty-five hundredths percent (.25%) for a two-year period from July 1, 1991, through June 30, 1993, to fund the addition of a second indoor ice rink and accessory facilities at the existing Edora Pool Ice Center ("EPIC") to be completed by December 31, 1992; requiring the revenue generated by the additional tax to be used to fund the costs of construction and financing of the expansion, with any remaining revenue to be placed in an operational and maintenance fund for EPIC, or, if such remaining revenue is not needed for such purposes, to be transferred to the City' s General Fund; and authorizing the City to finance the cost of design and construction of the expansion through the issuance of sales and use tax revenue bonds, bond anticipation notes or any other reasonable and prudent financing mechanism. FOR THE ORDINANCE AGAINST THE ORDINANCE Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th day of February, A.D. 1991 . Mayor ATTEST: City C er � �