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HomeMy WebLinkAbout2001-108-08/28/2001-SUBMITTING TO THE ELECTORS ON 11/06/01 AN ORDINANCE ESTABLISHING A 1/10 PERCENT SALES AND USE TAX IN NO ACTION TAKEN August 28,2001 RESOLUTION 2001-108 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY AN ORDINANCE ESTABLISHING A ONE-TENTH PERCENT (1/10%) SALES AND USE TAX INCREASE ON ALL TAXABLE SERVICES AND TANGIBLE PERSONAL PROPERTY EXCEPT FOOD, FOR THE PURPOSE OF FUNDING CERTAIN NATURAL RESOURCE ENHANCEMENT PROJECTS, WHICH TAX INCREASE SHALL REMAIN IN EFFECT FOR A PERIOD OF FOUR YEARS BEGINNING JANUARY 1, 2002, AND ENDING DECEMBER 31, 2005 WHEREAS, the City of Fort Collins has enacted a comprehensive sales and use tax,which enactment is codified in Chapter 25,Article III of the Code of the City of Fort Collins(the"Code"); and WHEREAS,the City has historically used short-term,voter-approved sales taxes to provide funding for specific capital project needs; and WHEREAS,in January,2001,the City developed a 10 year Capital Improvement Plan and Inventory which lists a wide range of capital projects that are fully or partially funded,together with an inventory of unfunded projects; and WHEREAS, on February 6, 2001, the City Council adopted Resolution 2001-20 which set forth a process for identifying the City's most critical capital needs; and WHEREAS, pursuant to Resolution 2001-20, Council has identified several high priority projects that require immediate attention,which projects do not have an identified funding source; and WHEREAS,the City Council believes it would be in the best interests of the residents of the City to submit such a proposed tax to the voters; and WHEREAS, the City Council has heretofore called a special election to be held November 6, 2001 in conjunction with the Larimer County Coordinated 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 on Tuesday, November 6, 2001 the following proposed City-initiated ordinance: CITY-INITIATED ORDINANCE NO. 138,2001 AUTHORIZING AN ADDITIONAL ONE-TENTH PERCENT(1/10%)CITY SALES AND USE TAX(TEN CENTS ON A ONE HUNDRED DOLLAR PURCHASE)ON ALL TAXABLE ITEMS EXCEPT FOOD FOR A SIX YEAR PERIOD COMMENCING JANUARY 1,2002 AND EXPIRING DECEMBER 31,2005,FOR THE PURPOSE OF OBTAINING REVENUE TO FUND CERTAIN NATURAL RESOURCE ENHANCEMENT PROJECTS WHEREAS,the City ofFort Collins has enacted a comprehensive sales and use tax,which enactment is codified in Chapter 25,Article III of the Code of the City of Fort Collins(the"Code"); and WHEREAS,the City has historically used short-term,voter-approved sales taxes to provide funding for specific capital project needs;and WHEREAS,in January,2001,the City developed a 10-year Capital Improvement Plan and Inventory which lists a wide range of capital projects that are fully or partially funded,together with an inventory of unfunded projects; and WHEREAS,on February 6,2001,the City Council adopted Resolution 2001-20 which set forth a process for identifying the City's most critical capital needs;and WHEREAS,pursuant to Resolution 2001-20,Council has identified several high priority projects that require immediate attention,which projects do not have an identified funding source;and WHEREAS,the Council believes it would be in the best interests of the residents of the City to submit such a proposed tax to the voters; and WHEREAS,under Article X,Section 20 of the Colorado Constitution such tax increase requires a vote of the people. NOW,THEREFORE,BE IT ORDAINED as follows: Section 1. That an additional one-tenth percent City sales and use tax(the "Tax") shall be levied on the purchase of all taxable items except food(ten cents on a hundred dollar purchase)commencing at 12:01 a.m.on January 1,2002 and expiring at midnight on December 31,2005. Section 2. That subject to the terms and conditions contained in subsections(a)and(b)of this Section,the revenue generated by the Tax shall be used to pay the costs of certain natural resource enhancement projects,as described on Exhibit"A",attached hereto and incorporated herein by this reference,which costs may include,without limitation, the costs of property acquisition, design, construction and installation of the improvements, as well as administrative costs. (a) The project costs shown on Exhibit"A"are estimates in year 2000 dollars of the amount of revenue to be generated by the Tax that will be available for each project. The general design,actual cost and scheduling of said projects shall be determined by the City Council; provided,however,that no such determination shall impair the City's ability to fully fund the Cache Is Poudre River Habitat Restoration Project as described on Exhibit"A" except as expressly permitted under subsection 2(b)below. (b) The projects described on Exhibit"A"shall be undertaken and completed by the City,to the extent resources from the Tax are sufficient for such purposes, unless the City Council determines by resolution,after receiving a recommendation from the City Manager and the City's Financial Officer,that it is no longer legally or financially feasible to undertake and complete either of such projects without substantially altering the essential character of the same as described on Exhibit"A". Section 3. That the full amount of revenues derived from the Tax may be retained and expended by the City, notwithstanding any state revenue or expenditure limitations including,but not limited to,those contained in Article X, Section 20 of the Colorado Constitution. Section 4. That the City Council shall enact such further legislation as may be necessary to carry out the purposes of this Ordinance. Section 2. That the foregoing proposed City-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: CITY OF FORT COLLINS BALLOT ISSUE PROPOSED CITY-INITIATED ORDINANCE NO. 138, 2001 SHALL CITY OF FORT COLLINS SALES AND USE TAXES BE INCREASED BY AN ESTIMATED$2,760,000 FOR THE FIRST FULL FISCAL YEAR AND BY SUCH AMOUNTS AS MAY BE GENERATED ANNUALLY THEREAFTER BY AN INCREASE IN THE RATES OF SUCH TAXES OF ONE-TENTH PERCENT (10 CENTS ON THE PURCHASE OF $100), COMMENCING JANUARY 1,2002,AND EXPIRING DECEMBER 31,2005, THE PROCEEDS OF WHICH TAX RATE INCREASES, TOGETHER WITH INVESTMENT EARNINGS THEREON, SHALL BE USED FOR THE FOLLOWING CAPITAL PROJECTS: • CACHE LA POUDRE RIVER HABITAT RESTORATION FROM LINDEN STREET TO LINCOLN AVENUE • COMMUNITY SEPARATORS IMPLEMENTATION PROGRAM WITH THE UNDERSTANDING THAT THE GENERAL DESIGN,COST AND SCHEDULING OF THE PROJECTS WILL BE DETERMINED BY THE CITY COUNCIL;AND SHALL THE FULL REVENUES DERIVED FROM THE TAX BE RETAINED AND EXPENDED BY THE CITY FOR SUCH PURPOSES, NOTWITHSTANDING ANY STATE REVENUE OR EXPENDITURE LIMITATION INCLUDING THE LIMITATIONS SET FORTH IN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION, ALL IN ACCORDANCE WITH CITY-INITIATED ORDINANCE NO. 138, 2001? YES NO Passed and adopted at an adjourned meeting of the Council of the City of Fort Collins held this 28th day of August, A.D. 2001. Mayor ATTEST: City Clerk EXHIBIT "A" Natural Resource Enhancement Projects Project Description Estimated Costs (Year 2000 dollars) Cache la Poudre River Habitat Restoration From Linden Street to $1,200,000 Lincoln Avenue This project is intended to restore and enhance the natural habitat conditions and aesthetic qualities of the channel and riverbanks of the Cache la Poudre River through downtown Fort Collins. The project would cleanup the river banks and channel,stabilize river bank erosion problems,restore the natural habitats of the river corridor and provide improved trail amenities from Linden Street to Lincoln Avenue. Community Separators Implementation Program $ 6,700,000 This project would provide additional funding to supplement existing City natural areas and County open lands programs in order to maintain areas of open space or very low density development between the communities of Fort Collins, Windsor and Timnath and between Fort Collins and Wellington. This project would help the City of Fort Collins work with its neighbors to maintain a physical separation between communities in northern Colorado in order to maintain the individual identity of each community and to protect the agricultural,natural and other open space lands of value to the region.