HomeMy WebLinkAbout2004-109-09/07/2004-SUBMITTING PROPOSED CITY-INITIATED ORDINANCE NO. 145, 2004 RELATING TO THE ELIMINATION OF CITY SALES OPTION 2B
NO ACTION TAKEN
RESOLUTION 2004-109
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING PROPOSED CITY-INITIATED ORDINANCE NO. 145, 2004,
RELATING TO THE ELIMINATION OF CITY SALES TAX ON GROCERY FOOD
TO A VOTE OF THE REGISTERED CITY ELECTORS AT A
SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 2, 2004
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,then to adopt or reject such ordinance or resolution at the polls;
and
WHEREAS,an initiative petition proposing the elimination of the City's sales tax on grocery
food has been submitted to the City; and
WHEREAS, the City Clerk has certified said petition as sufficient for submission of the
initiated ordinance to a vote of the people at a special municipal election and has presented said
petition to the City Council as provided in Article X, Section 5(f)(4) of the City Charter; and
WHEREAS, under Article X, Section 1(e) of the City Charter, upon presentation of an
initiative petition certified as to sufficiency by the City Clerk, the Council must either adopt the
citizen-initiated ordinance without alteration within thirty(30)days or submit said citizen-initiated
ordinance in the form petitioned for, to the registered electors of the city; and
WHEREAS, the City Council voted unanimously on August 17, 2004 not to adopt the
citizen-initiated ordinance because of the severe impact that the measure's passage would have on
the delivery of City services to the Fort Collins community; and
WHEREAS,when a special election is requested in an initiative petition and the petition has
been certified as sufficient, and the Council declines to adopt the measure, the measure must
generally be submitted at the next special municipal election to be held within one-hundred twenty
days of the Council's consideration of the measure,unless any other regular or special city election
is to occur within said period, in which case the initiative measure must be consolidated with such
other election; and
WHEREAS,notwithstanding the foregoing general rule,Article X, Section 6(e)of the City
Charter states that not more than one special election on citizen-initiated measures shall be held in
any twelve (12)months; and
WHEREAS,since a special election on a citizen-initiated measure has been held by the City
on August 10,2004,the above-referenced initiative petition relating to the reduction of sales tax on
grocery food must be referred to the registered electors of the city at the next regular city election
on April 5, 2005; and
WHEREAS,the above-referenced prohibition against more than one special election within
a 12-month period does not apply to Council initiated or referred measures; and
WHEREAS,the City's 2005 budget and subsequent budgets may be severely affected by the
passage of the proposed elimination of the sales tax on grocery food; and
WHEREAS,accordingly,the Council believes it to be in the best interest of the City to place
the initiated measure on the November 2, 2004 ballot as a Council initiated measure, so that City
voters will approve or deny the measure prior to the 2005 fiscal year; and
WHEREAS, the City Council has, on this same date, adopted on First Reading Ordinance
No. 144, 2004 calling a special City election to be held in conjunction with the November 2,2004
Larimer County General Election for the purpose of placing the above-referenced tax elimination
measure on the ballot.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That a Special City Election in the City of Fort Collins is hereby called for
Tuesday,November 2, 2004,which shall be held in conjunction with the Larimer County General
election and conducted in such form as shall be determined by the Larimer County Clerk and
Recorder, the following proposed City-initiated Ordinance:
CITY-INITIATED ORDINANCE NO. 145,2004
Whereas, the growth of taxation and regulatory burdens upon the private sector in Fort
Collins has exceeded the growth of population plus inflation;and
Whereas, said burdens are stunting the orderly development of Fort Collins, especially in
comparison to nearby cities;
Therefore,be it enacted by the citizens of Fort Collins that"(2.25)percent"in Section 25-
73(d)(1)of the Municipal Code is changed to"(2.25)percent prior to January 1,2005;(1.5)percent
on January 1,2005;(0.75)percent on January 1,2006;and(zero)percent on January 1,2007;"
Section 2. That the foregoing proposed city-initiated ordinance is hereby submitted to
the registered electors of the City of Fort Collins at said regular municipal election in substantially
the following form:
CITY-INITIATED ORDINANCE NO. 145, 2004
PROPOSED ORDINANCE
An ordinance amending Section 25-73(d)(1)of the Code of the City of Fort Collins
to phase in the elimination of the existing 2.25 percent City sales tax on food for
domestic home consumption by reducing said sales tax to 1.5 percent on January 1,
2005; 0.75 on January 1, 2006; and zero percent on January 1, 2007.
FOR THE ORDINANCE
AGAINST THE ORDINANCE
Section 3. That this Resolution is expressly contingent upon the petition representatives
for the above-referenced citizen-initiated measure executing a written withdrawal of their initiative
petition in a form satisfactory to the City Attorney on or before September 17, 2004, and is further
contingent upon Council's adoption of Ordinance No. 144, 2004, on Second Reading no later than
September 21, 2004.
Passed and adopted at a regular meeting of the City Council held this 7th day of September,
A.D. 2004.
Mayor
ATTEST:
City Clerk