HomeMy WebLinkAbout1995-019-02/07/1995-CITIZEN INITIATED ORDINANCE FOSSIL CREEK COMMUNITY PARK PARKS AND ICE ARENA REGULAR CITY ELECTION SA RESOLUTION 95-19
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING A CITIZEN INITIATED
ORDINANCE TO A VOTE OF THE
REGISTERED ELECTORS OF THE CITY
AT THE REGULAR CITY ELECTION OF APRIL 4, 1995
WHEREAS, under Article X, Section 1 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 ordinance or resolution at the
polls; and
WHEREAS, an initiative petition pertaining to a Citizen Initiated Ordinance (the "Citizen-
Initiated Ordinance")for an increase in the City's sales and use tax and the issuance of sales and use
tax revenue bonds for the purposes of developing the Southwest Community Fark%Youth Sports
Complex and Fossil Creek Community Park, constructing an ice arena and covered activities center
and acquiring water rights necessary for such purposes, has been filed with the City Clerk(the "City
Clerk") of the City; and
WHEREAS, the City Clerk has presented said petition to the City Council as provided in
Article X, Section 4(g)(4) of the City Charter; and
WHEREAS, under Article X, Section 1(c) of the City Charter, upon presentation of an
initiative petition certified as to sufficiency by the City Clerk, the Council shall either adopt the
Citizen Initiated Ordinance without alteration within thirty (30) days or refer said Citizen Initiated
Ordinance in the form petitioned for, to the registered electors of the city at a municipal election;
and
WHEREAS, under Article X, Section 20 of the Colorado Constitution, ballot issues
increasing taxes or authorizing the issuance of debt must be referred to the electorate, and the
Council does not have the option to adopt the measure in lieu of submitting it to the ballot; and
WHEREAS, the City Council desires to refer-said-Citizen-initiated-Ordinance to-a vote-of
the registered electors of the City at the next regular election; and
WHEREAS, a regular municipal election is scheduled to be held on Tuesday, April 4, 1995.
NOW, THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
Section 1. That there is hereby submitted to the registered electors of the City of Fort Collins
at the Regular Municipal Election to be held in the several precincts of the City on Tuesday, April
4, 1995, the Citizen Initiated Ordinance set out as follows:
CITIZEN INITIATED ORDINANCE NO. 1, 1995
PARKS AND ICE ARENA
AN ORDINANCE AUTHORIZING AN INCREASE IN CITY OF FORT COLLINS DEBT BY
$30,775,000 WITH A REPAYMENT COST OF UP TO $73,694,200 (SUCH AMOUNT BEING
THE TOTAL PRINCIPAL AND INTEREST THAT COULD BE PAYABLE OVER THE
MAXIMUM LIFE OF SAID DEBT) BY THE ISSUANCE OF REVENUE BONDS IN A
PRINCIPAL AMOUNT OF $30,775,000, AT A NET EFFECTIVE INTEREST RATE NOT TO
EXCEED 8.0 PERCENT PER ANNUM AND WITH A MATURITY DATE NOT TO EXCEED
25 YEARS FROM THE DATE OF ISSUANCE, FOR THE PURPOSES OF: 1)THE
DEVELOPMENT, EMPHASIZING YOUTH SPORTS, OF THE SOUTHWEST COMMUNITY
PARK/YOUTH SPORTS COMPLEX AS REFERRED TO IN ORDINANCE NO. 9,1989
[INCLUDING THE FOLLOWING FEATURES IN ADDITION TO ANY OTHER APPROPRIATE
IWROVEMENTSDEEMED-NECESSARY BY THE CITY COUNCIL: BIKE TRAIL; GROUP
PICNIC AND PLAY AREA, POND; 8 FULL-SIZED- SOCCER FIELDS ` ITTH 2 BEING
LIGHTED; 6 FULL-SIZED BASEBALL FIELDS WITH 4 BEING LIGHTED; 4 BASKETBALL
COURTS WITH 2 BEING LIGHTED; 4 LIGHTED TENNIS COURTS; STORAGE AND
MAINTENANCE BUILDINGS; PARKING], THE DEVELOPMENT OF FOSSIL CREEK
COMMUNITY PARK, [INCLUDING THE FOLLOWING FEATURES IN ADDITION TO ANY
OTHER APPROPRIATE IMPROVEMENTS DEEMED NECESSARY BY THE CITY COUNCIL:
GROUP PICNIC AND PLAY AREA; POND; 2 LIGHTED FULL-SIZED SOCCER FIELDS; 2
LIGHTED FULL-SIZED BASEBALL FIELDS;BETWEEN 2 AND 4 LIGHTED BASKETBALL
COURTS; BETWEEN 2 AND 4 LIGHTED TENNIS COURTS; STORAGE AND
MAINTENANCE BUILDINGS;PARKING], AND THE CONSTRUCTION OF A SECOND ICE
ARENA ADJACENT TO THE EXISTING EDORA POOL AND ICE CENTER [INCLUDING
THE FOLLOWING FEATURES IN ADDITION TO ANY OTHER APPROPRIATE
IMPROVEMENTS DEEMED NECESSARY BY THE CITY COUNCIL: OLYMPIC-SIZED
HOCKEY/FIGURE SKATING ARENA SEATING NOT FEWER THAN 5,000 SPECTATORS;
LOCKER AND DRESSING FACILITIES;ADEQUATE LOBBY AND MAINTENANCE AREA;
CONCESSION AREA; PARKING] AND OF A COVERED FACILITY HOUSING
BASKETBALL COURTS AND VOLLEYBALL COURTS AS WELL AS INDOOR SPORTS
PRACTICE AREA, ALL-PURPOSE ROOMS, AND RELATED FEATURES, SUCH COVERED
FACILITY TO BE LOCATED AT THE. DISCRETION OF THE CITY COUNCIL IN THE
SOUTHWEST COMMUNITY PARK/YOUTH SPORTS COMPLEX, IN FOSSIL CREEK
COMMUNITY PARK, OR ADJACENT TO THE SECOND ICE ARENA; AND (2) THE
PURCHASE OF ANY WATER RIGHTS NECESSARY OR DESIRABLE TO MAINTAIN OR
ENHANCE THESE AREAS OR TO SERVE THE IMPROVEMENTS FINANCED BY THE
BONDS; SUCH BONDS TO BE ISSUED, DATED AND SOLD AT SUCH TIME OR TIMES
AND IN SUCH MANNER AND TO CONTAIN SUCH TERMS, NOT INCONSISTENT
HEREWITH, AS THE CITY COUNCIL MAY DETERMINE, WHICH AUTHORIZATION
SHALL INCLUDE AUTHORIZATION TO REFUND SUCH BONDS AND REFUNDING
BONDS WITHOUT ADDITIONAL VOTER APPROVAL; IN CONNECTION THEREWITH
AUTHORIZING THE DEBT TO BE PAID AND RETIRED AND SUCH FACILITIES TO BE
MANAGED AND MAINTAINED BY INCREASING THE CITY OF FORT COLLINS SALES
AND USE TAX BY ONE QUARTER PERCENT FOR A 25 YEAR PERIOD FROM JULY 1, 1995
TO AND THROUGH JUNE 30, 2020, ON ALL ITEMS EXCEPT FOOD; IN CONNECTION
THEREWITH AUTHORIZING THE PROCEEDS OF SUCH BONDS AND REFUNDING
BONDS AND THE REVENUES FROM SUCH TAXES AND ANY EARNINGS FROM THE
INVESTMENT OF SUCH PROCEEDS AND REVENUES TO BE COLLECTED AND FULLY
EXPENDED FOR SUCH PURPOSES, NOTWITHSTANDING ANY LIMITATION OR
CONDITION CONTAINED IN ARTICLE X, SECTION 20 OF THE COLORADO
CONSTITUTION OR ANY OTHER LAW, AND WITHOUT LIMITING THE COLLECTION OR
SPENDING OF ANY OTHER REVENUES OR FUNDS BY THE CITY OF FORT COLLINS
UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER
LAW; VESTING THE RESPONSIBILITIES FOR COLLECTION, MANAGEMENT,
INVESTMENT AND EXPENDITURE OF THE BOND PROCEEDS AND TAX REVENUES IN
THE CITY COUNCIL AND SUCH DEPARTMENTS OF THE CITY AS THE COUNCIL
DESIGNATES.
WHEREAS, support of the citizens of Fort Collins exists for development of the Southwest
Community Park/Youth Sports Complex and the Fossil Creek Community Park, and for the
construction of a second ice arena and covered activities center; and
WHEREAS, the need exists in the City of Fort Collins for said parks and facilities; and
WHEREAS, the City of Fort Collins has developed a Parks and Recreation Master Plan, and
the said facilities are in furtherance of The Plan; and
WHEREAS, said facilities and improvements will provide the City's citizens, particularly
its youth, enhanced opportunities to participate safely in constructive and healthy activities; and
WHEREAS, the high standard of living and continued economic prosperity of the City
depend on providing adequate parks and recreational facilities for public benefit; and
WHEREAS, the said facilities and improvements are resources which benefit all members
of the Fort Collins community; and
WHEREAS, the Council of the City of Fort Collins is authorized to enact ordinances for the
increase of the City's bonded indebtedness and for the levy and collection of additional sales and use
taxes to retire such indebtedness and to manage and maintain the facilities financed thereby,
pursuant inter alia to Article V of the Charter of the City of Fort Collins, and Chapter 25, Article III,
Sections 25-71 - 25-240, inclusive, of the Code of the City, and has done so in the past; and
WHEREAS, the improvement and construction of said facilities and the management and
maintenance thereof can appropriately be funded by increasing the City's bonded indebtedness by
$30,775,000, to be paid and retired by increasing the City sales and use tax by one quarter percent
on all items, except food, for a 25 year period, from July 1, 1995 to and through June 30, 2020.
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
Section 1. City of Fort Collins debt shall be increased by $30,775,000 with a repayment
cost of up to $73,694,200 (such amount being the total principal and interest that could be payable
over the maximum life of said debt) by the issuance and payment of revenue bonds in a principal
amount $30,775,000, at a net effective interest rate not to exceed 8.0 percent per annum and with
a maturity date not to exceed 25 years from the date of issuance. Such bonds shall be issued, dated
and sold at such time or times and in such manner and to contain such terms, not inconsistent
herewith, as the City Council may determine, which authorization shall include authorization to
refund such bonds and refunding bonds without additional voter approval.
Section 2. In connection with the afore-described increase in the City of Fort Collins
debt,the Fort Collins sales and use tax shall be increased by one quarter percent on all items, except
food, for a 25 year period from July 1, 1995 to and through June 30, 2020. Such increase in sales
and use tax is anticipated to result in additional revenue of between $3,000,000 and $9,500,000 per
annum during the period of its collection, and shall be in addition to and distinct from all other sales
and use taxes levied and collected pursuant to the Code of the City of Fort Collins. The tax revenues
shall be used to pay and retire the afore-described increase in the City's debt incurred through the
bond issue and to manage and maintain the facilities financed thereby. In order to ensure lasting
availability of monies for management and maintenance of the facilities financed by the bonds, the
City Council shall establish a separate trust fund for that purpose and shall do all that may be
prudent and reasonable to ensure that as great an amount of the tax revenues as possible is deposited
as nonexpendable principal into the trust fund as soon as possible each year during the period in
which the tax is levied; the fund principal shall be appropriately invested, with the income thus
derived to be used for management and maintenance of the parks and facilities developed and
constructed under this Ordinance.
Section 3. The proceeds realized by this bond issue shall be used specifically for the
development of the Southwest Community Park/Youth Sports Complex as referred to in Ordinance
9,1989 on the approximate 103 acre parcel of land purchased by the City in January, 1994 for that
purpose [including the following features in addition to any other appropriate improvements deemed
necessary by the City Council: bike trail; group picnic and play area; pond; 8 full-sized soccer fields
with 2 being lighted; 6 full-sized baseball fields with 4 being lighted; 4 basketball courts with 2
being lighted; 4 lighted tennis courts; storage and maintenance buildings; parking], the development
of Fossil Creek Community Park on the approximate 100 acre parcel of land purchased by the City
in February, 1982- for that purposes [including-the following- features in addition-to any other
appropriate improvements deemed necessary by the City Council: group picnic dn&play area; pond;
2 lighted full-sized soccer fields; 2 lighted full-sized baseball fields; between 2 and 4 lighted tennis
courts;between 2 and 4 lighted basketball courts; storage and maintenance buildings; parking], and
the construction ofa-second ice arena adjacent to the existing-Edora-Pool-and-ice Center[including
the following features in addition to any other appropriate improvements deemed necessary by the
City Council: Olympic-sized hockey/figure skating arena seating not fewer than 5,000 spectators;
locker and dressing facilities; adequate lobby and maintenance area; concession area; parking] and
a covered facility housing basketball courts and volleyball courts as well as indoor sports practice
areas, all-purpose rooms, and related features, such covered facility to be located at the discretion
of the City Council in the Southwest Community Park/Youth Sports Complex, in Fossil Creek
Community Park, or adjacent to the second ice arena.
A portion of the bond proceeds shall be retained and used to purchase any water rights
necessary or desirable to maintain or enhance these areas or to serve improvements installed in such
areas.
A portion of the bond proceeds shall be retained and used to pay for all costs associated with
the bond issue. The City Council is hereby authorized to expend the bond proceeds and tax revenues
in the ways provided herein.
Section 4. Because of the previous voter approval of the Youth Sports Complex
component for the Southwest Community Park, there shall be an emphasis on youth sports in the
programming and scheduling of the facilities in said park once it is developed. The approximate 70
acres of land adjacent to the Southwest Community Park on its west side which was purchased
concurrent with the park site shall remain natural open space and not be part of the park's
development, and the City in its design of the park shall, wherever feasible, seek to prevent undue
disturbance of the natural open space area caused by the park. The City shall endeavor to locate
primarily Passive Uses (as that term is used in the current Fort Collins Park and Recreation Master
Plan), in addition to necessary parking areas and streets, in the northwest portion of the Southwest
Community Park north and west of the line of treesin the Spring Creek drainage�vay. The City-
shall also endeavor to locate lighted baseball fields and lighted soccer fields in such a way as will
minimize glare and intrusive disturbance from field light as it may affect neighborhoods near the
Southwest Community Park/Youth Sports Complex and Fossil Creek Community Park, and all field
lighting in such areas shall be of the high technology, "directional" type.
Section 5. The bonds shall be issued without delay after April 4, 1995. In order to avoid
any potential increases in cost due to delay, the development of the Southwest Community
Park/Youth Sports Complex and of the Fossil Creek Community Park, and the construction of the
ice arena and the covered activities facility, shall commence as soon as funds become available and
shall be prosecuted diligently until completion.
Section 6. The proceeds and revenues accrued shall be maintained in separate funds and
shall be used specifically for the purposes set forth in Sections 2 and 3 of this document. The
responsibility for collection, management, investment and expenditure of all funds shall be vested
in the City Council and such departments of the City as the Council designates. The City Council
is authorized to enact such further legislation and to enter into such agreements as are necessary or
desirable to carry out the purposes of this Ordinance.
Section 7. The proceeds of these bonds and refunding bonds and the revenues from these
taxes, and any earnings from the investment of such proceeds and revenues, may be collected and
fully expended for the purposes specified herein, notwithstanding any limitation or condition
contained in Article X, Section 20 of the Colorado Constitution or any other law, and without
limiting the collection or spending of-any other revenues or funds by the City ot-Fort Collins under
Article X, Section 20 of the Colorado Constitution or any other law.
Section S. The City of Fort Collins shall pay all costs associated with the April 4, 1995
election on this citizen initiative. The City Clerk shall comply with all requirements under
applicable law relating to conduct of the election, including without limitation providing any
required notices and ballot issue summaries.
Section 2. The ballot title for the question concerning the debt and tax increases proposed
in the Citizen-Initiated Ordinance shall appear as follows:
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CITIZEN INITIATED ORDINANCE NO. 1, 1995
PARKS AND ICE ARENA
SHALL CITY OF FORT COLLINS DEBT BE INCREASED BY THE PRINCIPAL AMOUNT OF
NOT MORE THAN$30,775,000,WITH A REPAYMENT COST OF UP TO $73,694,200, TOTAL
PRINCIPAL AND INTEREST, BY THE ISSUANCE OF REVENUE BONDS PAYABLE
SOLELY FROM THE SALES AND USE TAX DESCRIBED BELOW AT A NET EFFECTIVE
INTEREST RATE NOT TO EXCEED 8.0% PER ANNUM AND WITH A MATURITY DATE
NOT TO EXCEED 25 YEARS FROM THE DATE OF ISSUANCE, CALLABLE FOR
REDEMPTION WITH OR WITHOUT A PREMIUM, AS MAY BE DETERMINED BY THE
CITY COUNCIL, FOR THE PURPOSE OF FINANCING AND/OR REFINANCING THE
DEVELOPMENT OF THE SOUTHWEST COMMUNITY PARK/YOUTH SPORTS COMPLEX,
THE DEVELOPMENT OF FOSSIL CREEK COMMUNITY PARK; THE CONSTRUCTION OF
A SECOND ICE ARENA AND A COVERED ACTIVITIES CENTER, AND THE ACQUISITION
OF WATER RIGHTS TO MAINTAIN OR ENHANCE THESE AREAS; AND IN CONNECTION
WITH THE BOND ISSUE SHALL CITY OF FORT COLLINS TAXES BE INCREASED BY
$4,000,000 IN THE FIRST FULL FISCAL YEAR AND BY SUCH ADDITIONAL AMOUNTS
AS MAY BE GENERATED ANNUALLY THEREAFTER.FROM A SALES AND USE TAX OF
ONE QUARTER OF ONE PERCENT (0.25%) FOR A 25-YEAR PERIOD BEGINNING JULY
1, 1995 AND ENDING JUNE 30, 2020, ON ALL ITEMS EXCEPT FOOD, TO BE USED TO PAY
AND RETIRE THE BONDS AND TO MANAGE AND MAINTAIN THE FACILITIES
FINANCED BY THE BONDS; AND SHALL THE CITY OF FORT COLLINS BE AUTHORIZED
TO COLLECT AND SPEND THESE BOND PROCEEDS AND TAX REVENUES AND ANY
EARNINGS FROM THE INVESTMENT OF SUCH PROCEEDS AND REVENUES FOR THE
PURPOSES DESCRIBED ABOVE WITHOUT LIMITING THE COLLECTION OR SPENDING
OF ANY OTHER REVENUES OR FUNDS OF THE CITY OF FORT COLLINS,
NOTWITHSTANDING ANY LIMITATION OR CONDITION CONTAINED IN ARTICLE X,
SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW, ALL AS
PROVIDED IN CITIZEN INITIATED ORDINANCE NO. 1, 1995?
FOR THE ORDINANCE
AGAINST THE ORDINANCE
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Section 3. That City Clerk shall cause a ballot issue notice to be mailed to the registered
electors of the City as prescribed by Article X, Section 20 of the Colorado Constitution and by Part
9 of Article 7 of Title 1, Colorado Revised Statutes, as amended.
Section 4. If any section, subsection, paragraph, clause or other provision of this Resolution
shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability thereof
shall not affect any of the remaining sections, subsections, paragraphs, clauses or provisions of this
Resolution.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 7th
day of February, A.D. 1995.
ayor
ATTEST:
City Clerk