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 � �