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HomeMy WebLinkAbout1997-020-02/11/1997-SUBMITTING AN ORDINANCE TO THE 4/8/97 BALLOT EXTENDING THE CHOICES 95 CAPITAL PROJECTS SALES AND USE RESOLUTION 97-20 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY AN ORDINANCE EXTENDING THE EXISTING TWENTY-FIVE HUNDREDTHS PERCENT(0.25%) "CHOICES 95" CAPITAL PROJECTS SALES AND USE TAX ON ALL TAXABLE ITEMS EXCEPT FOOD FOR A PERIOD OF EIGHT YEARS FOR THE PURPOSE OF OBTAINING REVENUE FOR CERTAIN COMMUNITY ENHANCEMENT CAPITAL PROJECTS AS DESCRIBED IN THE"BUILDING COMMUNITY CHOICES" CAPITAL IMPROVEMENT PROGRAM WHEREAS,the City of Fort Collins has enacted a comprehensive sales and use tax, which enactment is codified in Chapter 25,Article III of the Code of the City of Fort Collins(the"Code"); and WHEREAS,the amount of such tax presently imposed by the Code, as contained in Section 25-75 (a) thereof, includes a twenty-five hundredths percent (0.25%) tax for the construction of certain capital projects as determined by the Choices 95 Executive Committee and approved by the City Council in 1989 (the"Choices 95 Tax"); a twenty-five hundredths percent(0.25%)tax for the purposes of street maintenance(the"Street Maintenance Tax");and a twenty-five hundredths percent (0.25%)tax for the purpose of the acquisition,construction, enhancement, and maintenance of trail systems,wildlife habitat,and other natural areas to benefit the citizens of the city(the"Natural Areas Tax"); and WHEREAS, the aforementioned sales and use taxes will expire at midnight on December 31, 1997; and WHEREAS,the City Council believes it would be in the best interests of the citizens of the city to extend said taxes for an additional eight-year period of time to generate additional revenues for purposes similar to those for which the taxes were originally imposed; and WHEREAS,under Article X, Section 20 of the Colorado Constitution, any such extension would require a vote of the people; and WHEREAS,pursuant to Resolution 95-113,City Council adopted as one of its key"themes" for its 1995 - 1997 Policy Agenda the development of an on-going capital improvement program which addresses development-related infrastructure projects, as well as major enhancements to the community; and WHEREAS, during its December 12, 1995 Study Session on the "Building Community Choices" Capital Improvement Program, the City Council directed staff to develop a process by which to review and recommend capital projects, maintenance needs, and acquisitions for which authorization for continued funding will be sought from the voters of the city; and „- WHEREAS,the City Council further directed that the City's boards and commissions serve as the initial reviewing and recommending body for this effort,and that public input for this program be sought through a variety of forums including: video presentations, public meetings, service club presentations, surveys,public media and special event outreach; and WHEREAS, the City's boards and commissions have considered and estimated the community's capital improvement needs for the next twenty-year period; and WHEREAS,staff has presented the recommendations from the boards and commissions and citizens to the City Council, and has worked with the Council through a series of study sessions to review the recommendations and develop a list of possible projects to be funded through the "Building Community Choices” Capital Improvement Program; and WHEREAS,on January 14, 1997,the City Council adopted Resolution 97-7 which identified those purposes and projects that the Council believes should be presented to the City's voters at the April 8, 1997 regular municipal election; and WHEREAS, the purpose of this Resolution is to exercise the Council's authority under Article X, Section 3 of the City Charter to submit to the vote of the people a proposed ordinance extending the existing Choices 95 Tax for a period of eight years for the purpose of funding the construction of a portion of the capital projects described in the "Building Community Choices" Capital Improvement Program. NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That there is hereby referred to the registered voters of the City at the next regular City election to be held on April 8, 1997,the question of whether the following ordinance should be adopted: ORDINANCE NO. 31, 1997 OF THE COUNCIL OF THE CITY OF FORT COLLINS EXTENDING THE EXISTING TWENTY-FIVE HUNDREDTHS PERCENT (0.25%) "CHOICES 95" CAPITAL PROJECTS SALES AND USE TAX FOR A PERIOD OF EIGHT YEARS FOR THE PURPOSE OF OBTAINING FUNDS FOR THE CONSTRUCTION OF CERTAIN COMMUNITY ENHANCEMENT CAPITAL PROJECTS AS DESCRIBED IN THE"BUILDING COMMUNITY CHOICES" CAPITAL IMPROVEMENT PROGRAM WHEREAS,the City of Fort Collins has heretofore enacted a comprehensive retail sales and use tax,which enactment is codified in Chapter 25, Article III of the Code of the City of Fort Collins ("the Code"); and 2 '" r ,ham �►►, WHEREAS, the amount of such tax presently imposed by the Code, as contained in Section 25-75(a) thereof, includes a twenty-five hundredths percent (0.25%)tax for funding the construction of certain capital projects as determined by the Choices 95 Executive Committee and approved by the City Council (the "Choices 95 Tax"); and WHEREAS, the Choices 95 Tax is scheduled to expire at midnight on December 31, 1997; and WHEREAS,on January 14, 1997,the City Council adopted Resolution 97-7 identifying various projects that it believes should be funded by the extension of the existing sales and use taxes referred to above, and has submitted to the registered electors of the City the question of whether an ordinance extending the Choices 95 Tax for a period of eight years should be enacted to obtain additional revenues for the acquisition, construction, enhancement and maintenance of certain capital improvement projects as described in the City's "Building Community Choices" Capital Improvement Program; and WHEREAS, at the regular City election on April 8, 1997, the voters of the City of Fort Collins approved the extension of such tax for the foregoing purposes and determined that, upon the expiration of the Choices 95 Tax, it is necessary and desirable that a new twenty-five hundredths percent(0.25%) sales and use tax on all taxable items be imposed,subject to the exceptions contained in Section 25-73(c)and (d) of the City Code, commencing January 1, 1998, for the purpose of obtaining revenues for the above-referenced capital projects. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, as follows: Section 1. That Section 25-75(a)of the Code of the City of Fort Collins is hereby amended to read as follows: Section 25-75. Rate of tax. (a) The amount of tax hereby levied is (insert total -- not to exceed present level of three)percent of the purchase price of tangible personal property or taxable services. Twenty-five one-hundredths (0.25)percent of such amount is a tax which shall expire at midnight on December 31,2005, and the proceeds of which shall be placed in the capital projects fund of the city for the construction of certain capital projects as identified in Ordinance No. 31, 1997, and approved by the City Council according to the provisions of said Ordinance. 3 Section 2. That the revenue generated by the twenty-five hundredths percent (0.25%) sales and use tax imposed pursuant to this Ordinance (the "Tax") shall be used,to the extent that such revenues are sufficient, for the capital projects described on Exhibit"A", attached hereto and incorporated herein by this reference, subject to the following terms and conditions: (a) The design,cost and scheduling of said projects shall be determined by the City Council; provided, however, that no decision regarding the design or cost of any such project shall substantially change the essential character, or eliminate any of the components, of said project as described on Exhibit "A", except as expressly permitted under subsection 2(b)below. This provision shall not be construed as prohibiting the City Council from: (i) enhancing the scope or design of any project, or increasing the cost thereof,unless such enhancement or increase in cost would substantially impair the City's ability to fully fund the construction of any of the other projects described on Exhibit "A", except those projects, if any, which have been eliminated by the City Council pursuant to the provisions of subsection(b)below; or (ii) using any other revenues lawfully available to the City to enhance the scope or design of any such project,or to increase the cost of the same. (b) With the exception of the EPIC Studio Ice Rink Project, the construction of all of the projects described on Exhibit"A" shall be undertaken and completed by the City unless the City Council determines by resolution, after receiving a recommendation from the City Manager and the City's Financial Officer, that it is no longer legally or financially feasible to undertake and complete any such project without substantially altering the essential character of the same as described on Exhibit"A". Notwithstanding the foregoing, the construction of the EPIC Studio Ice Rink Project shall be expressly contingent upon the City's receipt of supplemental funding, or in-kind contributions, for such project from the private sector, having a value of at least 22%of the estimated cost of the project as determined by the City Council. Said cost determination and the determination whether to proceed with the EPIC Studio Ice Rink Project shall be made by the City Council,after receiving a report and recommendation from the City Manager and the City's Financial Officer, no later than December 31, 2005. 4 Section 3. That any revenues generated by the Tax and remaining unexpended and unencumbered after the completion of the construction of all of the projects described on Exhibit "A", excluding any such projects eliminated by the City Council under the provisions of Section 2 (b) above,may, in the discretion of the City Council, be used for any capital project approved by the City Council. Section 4. That the full amount of revenues derived from the Tax may be retained and expended by the City,notwithstanding any state revenue or expenditure limitations including,but not limited to,those contained in Article X, Section 20 of the Colorado Constitution. Section 5. That the amendment of Section 25-75(a) of the City Code as set forth herein shall take effect at 12:01 a.m. on January 1, 1998. Section 6. That except as provided herein,all other provisions of Chapter 25 of the City Code shall remain in full force and effect unless otherwise rescinded or modified by action of the City Council. Section 2. That proposed Ordinance No. 31, 1997 of the Council of the City of Fort Collins is hereby submitted to the registered electors of the City of Fort Collins at the next regular municipal election to be held on April 8, 1997 in substantially the following form: 5 -: � ,• �,,,,,,, ram*., PROPOSED ORDINANCE NO.3191997 AN ORDINANCE OF THE CITY OF FORT COLLINS EXTENDING,FOR A PERIOD OF EIGHT YEARS,THE EXISTING SALES AND USE TAX FOR CHOICES 95 CAPITAL PROJECTS,AT THE RATE OF 0.25% (250 ON A $100 PURCHASE), WHICH TAX IS PRESENTLY SCHEDULED TO EXPIRE DECEMBER 31, 1997; PROVIDING THAT THE REVENUES DERIVED FROM THE EXTENDED TAX WOULD BE USED, IF SUFFICIENT, FOR THE FOLLOWING CAPITAL PROJECTS,AS PART OF THE"BUILDING COMMUNITY CHOICES"CAPITAL IMPROVEMENT PROGRAM": 1. STREET/TRANSPORTATION PROJECTS: PROSPECT ROAD IMPROVEMENTS,POUDRE RIVER TO SUMMITVIEW NORTHEAST TRUCK ROUTE TAFT HILL ROAD IMPROVEMENTS,DRAKE TO DERBY SHIELDS STREET IMPROVEMENTS,HORSETOOTH TO TROUTMAN 2. OTHER CAPITAL PROJECTS: NEW NORTHSIDE AZTLAN COMMUNITY CENTER CITY/SCHOOL DISTRICT COMMUNITY PROJECTS LAND ACQUISITION AND/OR INITIAL DESIGN FOR A NEW POLICE BUILDING LIBRARY COMPUTERS AND INFORMATION ENHANCEMENTS EPIC STUDIO ICE RINK LAND ACQUISITION AND/OR INITIAL DESIGN FOR A NEW LIBRARY LAND ACQUISITION AND/OR INITIAL DESIGN FOR A NEW PERFORMING ARTS CENTER AND FURTHER PROVIDING THAT THE COST,DESIGN,AND SCHEDULING OF THE PROJECTS WILL BE DETERMINED BY THE CITY COUNCIL;THAT THE FULL REVENUES DERIVED FROM THE TAX MAY BE RETAINED AND EXPENDED BY THE CITY FOR SUCH PURPOSES,NOT WITHSTANDING ANY STATE REVENUE OR EXPENDITURE LIMITATION INCLUDING,WITHOUT LIMITATION ARTICLE X. SECTION 20 OF THE COLORADO CONSTITUTION;AND THAT ANY EXCESS REVENUES GENERATED BY THE TAX SHALL BE USED FOR SUCH CAPITAL PROJECTS AS MAY BE APPROVED BY THE CITY COUNCIL. FOR THE ORDINANCE AGAINST THE ORDINANCE 6 Passed and adopted at an adjourned meeting of the Coun ' of t City of rt Colli s held this 11 th day of February, A.D. 1997. ayor ATTEST: `-- A UL-)Pk City Clerk 7 Exhibit A Building Community Choices: Community Enhancement Projects PROJECT DESCRIPTION Estimated Cost 1996 Dollars Prospect Road Improvements, Poudre River to Summitview Drive $491009000 This project will widen Prospect Road from the Poudre River to Summitview Drive providing bicycle lanes,two travel lanes,a left turn lane, and a sidewalk to enhance the safety of bicyclists, pedestrians, and motorists. Presently, the road is not protected from major floods. Portions of the roadway will be raised and a bridge will be constructed to protect the road from the 100 year flood. Planning, design,right-of-way acquisition and other project costs may be included. Northeast Truck Route $390009000 This project will provide for the planning, design,right-of-way acquisition and/or other project costs associated with road improvements for an alternative truck route in the northeast quadrant of the City. Taft Hill Road Improvements, Drake to Derby $ 5,000,000 Taft Hill Road south of Drake is a two-lane street. This project will widen this section of Taft Hill Road to a full arterial street to increase capacity and improve the level of service. These improvements, including curb, gutter and sidewalk, will provide safer and more effective facilities for pedestrians and bicyclists. Planning, design, right-of-way acquisition and other project costs may be included. Shields Street Improvements,Horsetooth to Troutman $ 5009000 Most of the arterial street improvements along this section of Shields Street have been or will soon be completed in conjunction with adjacent development. The few remaining undeveloped sections create"gaps"in the arterial roadway. Filling in these gaps will improve the safety and capacity of this section of the arterial street network. Full arterial improvements including curb, gutter and sidewalk will also provide safer and more effective facilities for pedestrians and bicyclists. Planning, design, right-of-way acquisition and other project costs may be included. New Northside Aztlan Community Center Construction $69940,000 This project will replace the Northside Aztlan Community Center with a new, larger, full service recreation facility. The new center will be located in the downtown or north Fort Collins area, and will include such amenities as a double gymnasium, classrooms, exercise rooms, a youth center, and playground and picnic areas. Exhibit A PROJECT DESCRIPTION (CONTINUED) Estimated Cost 1996 Dollars City/School District Community Projects $6009000 These projects provide funding to create shared facilities with Poudre School District. These facilities may include shared ballfields, gymnasiums, and/or - libraries. Land Acquisition and/or Initial Design for New Police Building $197039000 This project will provide land for a new Police Building. If land is acquired for less than the estimated cost,the remaining money will be used for design of the Police Building. Library Computers and Information Enhancements $392009000 This project will provide upgraded computers for library customers. The computers will allow improved access to library materials,the Internet,the world wide web and the databases of other libraries. EPIC Studio Ice Rink $295009000 A studio ice rink, that will be smaller than the EPIC ice arena, will be added to enhance the EPIC facility. The new rink will provide more ice time for programs such as the city's learn-to-skate program, figure skating, youth and adult hockey and drop-in skating. Land Acquisition and/or Initial Design for New Library $2,3009000 This project will provide land for a new library. If land is acquired for less than the estimated cost,the remaining money will be used for design of the library. Land Acquisition and/or Initial Design for New Performing Arts Center $195759000 This project will provide land for a new Performing Arts Center. If land is acquired for less than the estimated cost, the remaining money will be used for design of the Performing Arts Center.