HomeMy WebLinkAbout2004-110-09/07/2004-SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY A PROPOSED 0.27% INCREASE IN THE CITYS SALES AND U OPTION 2C
NO ACTION TAKEN
RESOLUTION 2004-110
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY
A PROPOSED 0.27% INCREASE IN THE CITY'S SALES AND USE TAX RATE
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
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 Council has passed 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 of the City's sales tax on
grocery food on the ballot, and has adopted Resolution 2004-109 submitting said measure to the
registered electors of the City at said election; and
WHEREAS, Council believes it to be in the best interest of the City to also submit to the
voters at the November 2, 2004, election a 0.27%increase in the rate of the City's sales and use tax
on all taxable items except grocery food,to be phased in over three years,the revenues of which tax
rate increase would offset the revenues lost by the elimination of the sales tax on food, which new
tax rate increase would take effect only if City voters approve the above-referenced citizen-initiated
measure to eliminate the City's sales tax on grocery food.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that there is hereby submitted to the registered electors of the City of Fort Collins at a
Special City Election to be held in conjunction with the Larimer County General Election on
November 2, 2004, the following proposed City-initiated question:
CITY-INITIATED MEASURE
SHALL CITY OF FORT COLLINS TAXES BE INCREASED BY AN
ESTIMATED$6,200,000 OR BY WHATEVER HIGHER OR LOWER AMOUNT
MAY BE GENERATED ANNUALLY OR IN THE FINAL FULL FISCAL YEAR
BY AN INCREASE OF 0.27%IN THE CITY'S SALES AND USE TAX RATE ON
ALL TAXABLE ITEMS EXCEPT GROCERY FOOD,TO BE PHASED IN OVER
THREE YEARS AS FOLLOWS: 0.09% ON JANUARY 1, 2005; 0.18% ON
JANUARY 1, 2006; AND 0.27% ON JANUARY 1, 2007, WHICH TAX RATE
INCREASE WOULD TAKE EFFECT ONLY IF CITY VOTERS APPROVE CITY-
INITIATED ORDINANCE NO. 145, 2004, ELIMINATING THE CITY'S SALES
TAX ON GROCERY FOOD, WITH ALL REVENUE FROM THIS TAX RATE
INCREASE TO BE USED FOR CITY SERVICES, INCLUDING BUT NOT
LIMITED TO PUBLIC SAFETY, HEALTH, TRANSPORTATION, CAPITAL
PROJECTS,LIBRARIES,PARKS AND RECREATION SERVICES,AND WITH
ALL REVENUES FROM THIS TAX RATE INCREASE TO BE COLLECTED
AND EXPENDED NOTWITHSTANDING ANY APPLICABLE LIMITATION ON
REVENUES AND EXPENDITURES CONTAINED IN ARTICLE X,SECTION 20
OF THE COLORADO CONSTITUTION OR ANY OTHER LAW?
YES
NO
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 7th
day of September, A.D. 2004.
Mayor
ATTEST:
City Clerk