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HomeMy WebLinkAbout2005-091-08/16/2005-SUBMITTING A BALLOT ISSUE TO THE REGISTERED ELECTORS OF THE TIMBERLINE AND PROSPECT SPECIAL IMPROVEM RESOLUTION 2005-091 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING A BALLOT ISSUE TO THE REGISTERED ELECTORS OF THE TIMBERLINE AND PROSPECT SPECIAL IMPROVEMENT DISTRICT NO. 94 AS PART OF THE SPECIAL CITY ELECTION ON NOVEMBER 1, 2005 WHEREAS,Chapter 22,Article III of the City Code empowers the City to establish special improvement districts, and sets forth procedures and requirements for forming and organizing special improvement districts and providing for the improvements to be constructed thereby, and for the assessment of costs associated with those improvements; and Whereas, on November 4, 2003 and July 19, 2005, the City Council approved two resolutions pertaining to the proposed Timberline and Prospect Special Improvement District No. 94 ("the District'); and WHEREAS,on August 16,2005,the City Council also approved on first reading Ordinance No. 090, 2005, authorizing the creation of the District; and WHEREAS, the owners of two parcels of property in the District (the "Developers") have advanced $2.5 million of the cost of the improvements to be constructed in the District ; and WHEREAS,if the District is approved by the Council,the City intends to repay that amount to the Developers, with interest, from assessments levied upon the benefitted properties in the District; and WHEREAS,Article X, Section 20 of the Colorado Constitution("TABOR"),requires voter approval in advance for the creation of any multiple-fiscal year direct debt, subject to certain judicially established exceptions; and WHEREAS, the City Council has approved on first reading Ordinance No. 095, 2005, amending Section 22-111 of the City Code, which amendment would authorize the Council to submit the aforementioned multi-year financial agreement to the registered electors in the District, that is, those persons registered to vote in the general elections in the State of Colorado and either residing in the proposed District or owning(or married to a person owning)taxable real or personal property within the proposed District; and WHEREAS,Article X, Section 3 of the Charter of the City of Fort Collins provides that the Council may,without petition therefor, submit any question to the vote of the people at a regular or special election; and WHEREAS, a special municipal election is scheduled to be held on Tuesday,November 1, 2005 in conjunction with the Larimer County coordinated election,and a local ballot issue pursuant to TABOR may properly be placed on the ballot as part of that special municipal election; and WHEREAS, the purpose of this Resolution is to exercise the Council's authority to submit to a vote of the electors of the proposed District, a ballot issue regarding the proposed agreement to repay the Developers$2.5 million with interest,over a period of ten(10)years,payable solely from special assessments levied against properties located within the proposed District. 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 electors of the proposed District, at the next special City election to be held on November 1, 2005, the following ballot issue: CITY OF FORT COLLINS 2 CITY-INITIATED BALLOT ISSUE PERTAINING TO A MULTIPLE FISCAL YEAR FINANCIAL OBLIGATION IN CONNECTION WITH THE TIMBERLINE AND PROSPECT SPECIAL IMPROVEMENT DISTRICT NO. 94 SHALL CITY OF FORT COLLINS DEBT BE INCREASED BY UP TO $2.5 MILLION IN PRINCIPAL AMOUNT, WITH A REPAYMENT COST OF UP TO $3,325,000 TOTAL PRINCIPAL AND INTEREST, BY THE EXECUTION OF A MULTIPLE YEAR FINANCIAL AGREEMENT UNDER WHICH THE CITY WOULD REPAY CERTAIN PROPERTY OWNERS WITHIN THE TIMBERLINE AND PROSPECT SPECIAL IMPROVEMENT DISTRICT NO. 94 WHO HAVE ADVANCED THE COST OF THE IMPROVEMENTS TO BE CONSTRUCTED WITHIN SUCH SPECIAL IMPROVEMENT DISTRICT,WITH THE CITY'S FINANCIAL OBLIGATIONS UNDER THE AGREEMENT TO BE PAYABLE SOLELY FROM SPECIAL ASSESSMENTS LEVIED AGAINST PROPERTIES LOCATED WITHIN THE SPECIAL IMPROVEMENT DISTRICT? YES NO Section 2. That the City Clerk is hereby directed to accept comments submitted in favor of and in opposition to the foregoing ballot measure from those persons eligible to vote thereupon through the end of the business day on September 16, 2005, in accordance with Section 1-7-901, C.R.S., and to summarize any such comments received in accordance with Section 1-7-903,C.R.S. Passed and adopted at a regular meeting of4eof the City of Fort llins held this 16th day of August, 2005. A TEST: \4,.L W_ ��,s City Clerk