HomeMy WebLinkAbout1992-141-09/01/1992-CITIZEN INITIATED ORDINANCE HORTICULTURAL CENTER ORDINANCE NO. 99, 1992 SALES TAX ZOO RESOLUTION 92-141
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REFERRING A CITIZEN INITIATED ORDINANCE REQUIRING
THE ACQUISITION OF LAND FOR A ZOO AND A
HORTICULTURAL CENTER AND ADJOINING NATURAL AREAS
AND OPEN SPACE AND REQUIRING THE CONSTRUCTION OF ALL
FACILITIES NECESSARY FOR A ZOO AND FOR A
HORTICULTURAL CENTER FUNDED BY AN ADDITIONAL
ONE-QUARTER (1/4) CENT SALES AND USE TAX
ON ALL ITEMS EXCEPT FOOD FOR A
PERIOD OF THREE (3) YEARS TO A VOTE
OF THE REGISTERED ELECTORS OF THE CITY
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 measure at the polls; and
WHEREAS, an initiative petition pertaining to a Citizen Initiated Ordinance
for an additional sales tax for land acquisition and construction of a zoo and
horticultural center has been submitted, and the City Clerk has certified said
petition as sufficient for submission of the initiated measure to a vote of the
people at a special election; 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 such proposed measure in the form
petitioned for, to the registered electors of the City at a special election
called therefor; and
WHEREAS, the City Council desires to refer said Citizen Initiated Ordinance
to a vote of the registered electors of the City at a special election; and
WHEREAS, the City Council has by ordinance called a Special Municipal
Election to be held on Tuesday, November 3, 1992, in conjunction with the Larimer
County General Election.
NOW, THEREFORE, BE IT 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 of Fort Collins at the Special Municipal Election to be held in the several
precincts of the City on Tuesday, November 3, 1992, the Citizen Initiated
Ordinance set out as follows:
ORDINANCE NUMBER 99 , 1992
REQUIRING THE ACQUISITION OF LAND FOR A ZOO
AND A HORTICULTURAL CENTER AND ADJOINING NATURAL AREAS AND OPEN
SPACE AND REQUIRING THE CONSTRUCTION OF ALL FACILITIES
NECESSARY FOR A ZOO AND FOR A HORTICULTURAL CENTER
FUNDED BY AN ADDITI"NAL ONE-QUARTER ( })
CENT SALES AND USE TAX ON rLL ITEMS EXCEPT FCID FOR A
PERIOD OF THREE (3) YEARS
WHEREAS, a need exists in the City for additional
recreational and educational opportunities for families; and
WHEREAS, zoos and horticultural centers provide recreational
and educational opportunities for families; and
WHEREAS, a need exists in the world for the preservation of
endangered animal species; and
WHEREAS, modern zoos provide a method of preserving
endangered animal species; and
WHEREAS, support exists for a Zoo and a Community
Horticultural Center in the City; and
WHEREAS, the acquisition of land for a zoo and for a
community horticultural center, and the construction of necessary
facilities can best be funded by a one-quarter ( } ) cent increase
in the City' s sales and use tax on all items except food for a
three (3) year period; and
WHEREAS, the need also exists in the City for additional
natural areas and open space; 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, §§25-71 through 25-240, inclusive, of
the Code of the City; and
WHEREAS, the design, development, construction, operation,
management, and maintenance of a Zoo and of a Community
Horticultural Center by private not-for-profit organizations is a
bona fide public purpose and is in the City' s best interest.
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 one-quarter ( } ) cent for a
period of three (3) years commencing on January 1, 1993 and
continuing through December 31, 1995 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
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and collected pursuant to Chapter 25 Article III of the Code of
the City.
Section 2 . The revenue raised as the result of the increase
in the sales and use tax described in Section 1 of this Ordinance
shall be used:
a. to finance the purchase of land for a zoo and
horticultural center; and
b. to finance the purchase of land for natural areas and
open space adjoining the zoo and adjoining the
horticultural center; and
C. to finance the design, development, and construction of
all necessary buildings, structures, and accessory
facilities for a zoo; and
d. to finance the design, development, and construction of
all necessary buildings, structures, and accessory
facilities for a community horticultural center.
Remaining sales and use tax revenue, if any, shall be placed
in a fund to be used for the acquisition of natural areas and
open space within the City's urban growth area, and for no other
purpose.
Section 3 . The City shall designate the Rocky Mountain
Zoological Society, or other qualified private-not-for-profit
organization (hereinafter both collectively referred to as "the
organization") whose philosophy is consistent with that of the
America Association of Zoological Parks and Aquariums, to design,
develop, operate, maintain, and manage the zoo. The City shall
make this designation no later than December 31, 1992 . The
organization's governing board shall appoint a voting member of
that board as representative of the City based on recommendations
of the City.
Section 4 . The City shall lease the land and all buildings,
structures, and accessory facilities for the zoo to the
organization as expeditiously as possible after adoption of this
ordinance but no later than thirty (30) calendar days after
completion of construction and upon such terms and conditions as
deemed reasonable and prudent by the City Council.
Notwithstanding any statute, ordinance, charter provision or code
provision to the contrary, the term of that lease may exceed
twenty-five (25) years but shall be no more than ninety-nine (99)
years and may be renewable. Rent charged to the organization by
the City pursuant to this lease shall be nominal .
Section 5. Title to the land and all buildings, structu- s,
and accessory facilities for the zoo constructed thereon shall be
vested in the City.
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Section 6. In the event the designated organization is
unable to complete or perform its obligations, the City may
rescind the designation, terminate the lease, and immediately
take possession of the zoo and all of the organization' s personal
property at the zoo, excluding animals.
Section 7 . The organization shall indemnify and hold the
City harmless against any and all costs arising from the
organizations conduct or management in the operation of the zoo.
Section 8 . The City shall allocate no funds for the
operation or maintenance of the zoo.
Section 9 . The City shall designate a qualified private
not-for-profit organization (hereinafter referred to as "the
organization") to design, develop, operate, maintain, and manage
the horticultural center. The City shall make this designation
no later than December 31, 1992 . The organization's governing
board shall appoint a voting member of that board as
representative of the City based on recommendations of the City.
Section 10. The City shall lease the land and all
buildings, structures, and accessory facilities for the
horticultural center to the organization as expeditiously as
possible after adoption of this ordinance but no later than
thirty (30) calendar days after completion of construction and
upon such terms and conditions as deemed reasonable and prudent
by the City Council . Notwithstanding any statute, ordinance,
charter provision or code provision to the contrary, the term of
that lease may exceed twenty-five (25) years but shall be no more
than ninety-nine (99) years and may be renewable. Rent charged
to the organization by the City pursuant to this lease shall be
nominal.
Section 11. Title to the land and all buildings,
structures, and accessory facilities for the horticultural center
constructed thereon shall be vested in the City.
Section 12 . In the event the designated organization is
unable to complete or perform its obligations, the City may
rescind the designation, terminate the lease, and immediately
take possession of the horticultural center and all of the
organization's personal property at the horticultural center.
Section 13 . The organization shall indemnify and save the
City harmless against any and all costs arising from the
organizations conduct or management in the operation of the
horticultural center.
Section 14 . The City shall allocate no funds for the
operation or maintenance of the horticultural center.
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Section 15. The City, as expeditiously as possible after
adoption of this ordinance, shall :
a. complete the acquisition of land for the zoo and
horticultural center; and
w. finance the design, development and construction of the
zoo and horticultural center.
To accomplish financing for land acquisition and financing for
construction the City shall issue sales and use tax revenue bonds
or bond anticipation notes or, at the discretion of the City
Council, shall use any other reasonable, prudent and expedient
financing mechanism. Costs of such financing shall be paid or
reimbursed from the increase in the sales and use tax as
authorized herein.
Section 16. The Code of the City of Fort Collins shall be
amended as necessary to levy the additional tax provided for
herein.
PASSED AND ADOPTED this day of , 1992 .
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Section 2. That said Citizen Initiated Ordinance is hereby submitted to the
registered electors of the City of Fort Collins at said Special Municipal
Election in substantially the following form:
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CITIZEN INITIATED ORDINANCE - ZOO AND HORTICULTURAL CENTER
An ordinance increasing the City sales and use tax by twenty-five hundredths
percent ( .25%) for a three-year period from January 1, 1993, to December 31 ,
1995, on all items, except food, to fund the acquisition of land for a zoo,
horticultural center, and adjoining natural areas and open space and the design,
development and construction of all necessary buildings, structures, and
accessory facilities for a zoo and community horticultural center; requiring the
City to designate qualified private organizations to design, develop, operate,
maintain, and manage the zoo and the horticultural center; providing for the
lease of the land and facilities to the designated organizations; vesting title
to the land and facilities in the City; providing that the City shall allocate
no funds for the operation or maintenance of the zoo or horticultural center; and
authorizing the City to accomplish financing for the land acquisition and
construction 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
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Section 3. That the City Clerk is hereby directed to certify the submission
language for the Citizen Initiated Ordinance and to request permission from the
Larimer County Clerk and Recorder as required by law no later than September 4,
1992, to request placement of the issue on a Special Municipal Election to be
held in conjunction with the November 3, 1992 General Election.
Passed and adopted at a regular meeting of the Council of the City of Fort
Collins this 1st day of September, A.D. 1992.
Ma or
ATTEST: 'W � ."
Ti
City Clerk