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HomeMy WebLinkAbout1992-140-09/01/1992-BALLOT ISSUE CITIZEN INITIATED ORDINANCE NATURAL AREAS SALES TAX RESOLUTION 92-140 OF THE COUNCIL OF THE CITY OF FORT COLLINS REFERRING A CITIZEN INITIATED ORDINANCE REQUIRING THE ACQUISITION OF LAND FOR PUBLIC TRAILS, WILDLIFE HABITAT, AND NATURAL AREAS FUNDED BY AN ADDITIONAL ONE-QUARTER (1/4) CENT SALES AND USE TAX ON ALL ITEMS EXCEPT FOOD FOR A PERIOD OF FIVE (5) 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 acquisition of land for public trails, wildlife habitat, and natural areas 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: 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: CITIZEN INITIATED ORDINANCE THE COUNCIL OF THE CITY OF FORT COLLINS SHALL ACQUIRE AVAILABLE AND SUITABLE LAND FOR PUBLIC TRAILS, WILDLIFE HABITAT AND NATURAL AREAS . THESE ACQUISITIONS SHALL BE FUNDED BY A ONE-TIME SALES AND USE TAX OF ONE-QUARTER (1/4) OF ONE PERCENT ( . 0025) ABOVE PRESENT CITY SALES AND USE TAXES TO BE LEVIED FOR A FIVE (5) YEAR PERIOD, BEGINNING JANUARY 1, 1993 AND ENDING DECEMBER 31, 1997 . THIS TAX SHALL NOT APPLY TO SALES OF FOOD. WHEREAS, support of the citizens of Fort Collins exists for additional public use areas such as trail systems and natural areas; and WHEREAS, the need exists in the city of Fort Collins for protection of natural habitats for native plant and animal species; and WHEREAS, the City of Fort Collins has developed a Natural Areas Plan to identify and guide natural areas acquisition and management; and WHEREAS, the high standard of living and continued economic prosperity of the city is dependent on providing adequate open spaces for public benefit; and WHEREAS, trails, wildlife habitat and natural areas are resources which benefit all members of the Fort Collins community; and WHEREAS, the Council of the City of Fort Collins is authorized to enact ordinances for the levy and collection of sales and use taxes in accordance with Chapter 25, Article III, 525-71 25-240 , inclusive, of the Code of the City, and has done so in the past; and WHEREAS, the acquisition of trails, wildlife habitat and natural areas can appropriately be funded by a one-quarter (1/4) of one percent ( . 0025) sales and use tax, not to include food, for a period of five (5) years. NOW THEREFORE, BE IT ORDAINED, as follows: Section 1. The City sales and use tax on all items, except sales of food as defined in C.R. S. 39-26-102 (4 . 5) , shall be increased by one quarter ( 1/4) of one percent ( . 0025) for a period of five (5) years to commence on January 1, 1993 and be in effect until December 31, 1997 at which time such additional sales and use tax shall cease. Such increase in sales and use tax shall be in addition to and distinct from all other sales and use taxes levied and collected pursuant to Chapter 25, Article III of the Code of the City. Section 2 . The revenue raised by this increase in sales and use taxes shall be used specifically for the acquisition, construction, enhancement and maintenance of trail systems, wildlife habitat and other natural areas to benefit the citizens of the City of Fort Collins . A portion of the revenues shall be retained for management and maintenance of areas acquired. Section 3 . The responsibility for management of the revenues shall be vested in the Council of the City of Fort Collins and such departments of the City as the Council designates. Section 4 . The revenues accrued shall be maintained in a separate fund and shall be used specifically for the purposes set forth in Section 2 of this document. Section 5 . The revenues accrued may be used by the City for the purchase of such water rights as deemed necessary or desirable to maintain or enhance the natural characteristics of areas acquired. PASSED AND ADOPTED this day of 1992 . 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 - NATURAL AREAS An ordinance increasing the City sales and use tax by twenty-five hundredths percent ( .25%) for a five-year period from January 1, 1993 to December 31, 1997, on all items, except food, to fund the acquisition of land for public trails, wildlife habitat, and natural areas, and the construction, enhancement, maintenance and management of public trails, wildlife habitat, and natural areas; authorizing the use of a portion of the revenues for the purchase of any water rights necessary or desirable to maintain or enhance the natural characteristics of the acquired areas; vesting the responsibility for management of the revenues in the City Council and such departments of the City as the Council designates. 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. yor ATTEST: 2 City Clerk