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