Loading...
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 -1- 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. -2- 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. -3- 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 . -4- 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: --------------------------------------------------------------------- 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 --------------------------------------------------------------------- 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