HomeMy WebLinkAbout1997-019-02/11/1997-SUBMITTING AN ORDINANCE FOR THE 4/8/97 BALLOT EXTENDING THE SALES AND USE TAX FOR STREET MAINTENANCE +r ,
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RESOLUTION 97-19
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%)
SALES AND USE TAX FOR STREET MAINTENANCE AND OVERLAY
FOR A PERIOD OF EIGHT YEARS FOR THE PURPOSE OF OBTAINING ADDITIONAL
REVENUE FOR STREET MAINTENANCE AND OVERLAY AND FOR THE
CONSTRUCTION OF CERTAIN TRANSPORTATION PROJECTS 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 and overlay (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 sales and use tax for street maintenance and overlay for a period of eight years
for the purpose of obtaining additional revenues to help fund the ongoing maintenance and overlay
of city streets and to construct certain transportation 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. 30, 1997
OF THE COUNCIL OF THE CITY OF FORT COLLINS
EXTENDING THE EXISTING TWENTY-FIVE HUNDREDTHS PERCENT
(0.25%) SALES AND USE TAX FOR STREET MAINTENANCE AND
OVERLAY FOR A PERIOD OF EIGHT YEARS FOR THE PURPOSE OF
OBTAINING ADDITIONAL REVENUES FOR STREET MAINTENANCE
AND OVERLAY AND FOR THE CONSTRUCTION OF CERTAIN
TRANSPORTATION PROJECTS DESCRIBED IN THE"BUILDING
COMMUNITY CHOICES" CAPITAL IMPROVEMENT PROGRAM
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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
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, the proceeds of which are to be used for the purpose of street
maintenance and overlay (the"Street Maintenance Tax"); and
WHEREAS,the Street Maintenance 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 tax referred to above, and has submitted to the registered
electors of the City the question of whether an ordinance extending the Street
Maintenance Tax for a period of eight years should be enacted to obtain additional
revenues for street maintenance and overlay and for the construction of certain
transportation 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 Street Maintenance 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 street maintenance and 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 is a tax which shall expire at midnight on December
319 2005,and the proceeds of which shall be used for the purpose of
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street maintenance and overlay and for the construction of certain
transportation projects as identified in Ordinance No.30, 1997.
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 for the purpose of street maintenance and overlay and,to the extent that
such revenues are sufficient, for the construction of certain transportation capital
projects,as 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) 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".
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, shall be used for the
purpose of street maintenance and overlay.
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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. 30, 1997, of the Council of the City of Fort
Collins is submitted to the registered electors of the City of Fort Collins at the next regular election
to be held on April 8, 1997 in substantially the following form:
PROPOSED ORDINANCE NO. 3091997
AN ORDINANCE OF THE CITY OF FORT COLLINS EXTENDING,FOR A PERIOD OF EIGHT YEARS, THE
EXISTING SALES AND USE TAX FOR STREET MAINTENANCE AND OVERLAY 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 PURPOSES,AS PART OF THE"BUILDING COMMUNITY CHOICES"
CAPITAL IMPROVEMENT PROGRAM:
STREET MAINTENANCE AND OVERLAY
ANNUAL PEDESTRIAN IMPROVEMENTS
MASON STREET TRANSPORTATION CORRIDOR,PHASE 1 AND 2
NORTH COLLEGE AVENUE CORRIDOR IMPROVEMENTS, PHASE 1
AND FURTHER PROVIDING THAT THE COST,DESIGN AND SCHEDULING OF THE PROJECTS SHALL BE
DETERMINED BY THE CITY COUNCIL;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, WITHOUT LIMITATION, ARTICLE X, SECTION 20 OF THE
COLORADO CONSTITUTION;AND THAT ANY EXCESS REVENUES GENERATED BY THE TAX SHALL BE
USED FOR THE PURPOSE OF STREET MAINTENANCE AND OVERLAY.
FOR THE ORDINANCE
AGAINST THE ORDINANCE
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Passed and adopted at an adjourned meeting of the C cil of'the City of Col'ins held
this 11 th day of February, A.D. 1997. � •-'�
Mayor
ATTEST:
01a ''
City Clerk
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Exhibit A
Building Community Choices: Streets and Transportation Projects
PROJECT DESCRIPTION Estimated Cost
1996 Dollars
Street Maintenance and Overlay Program $2993339333
Continues the existing Street Maintenance and Overlay Program. This project will
provide maintenance of the City's 360 mile street system using cracksealing,
patching, sealcoats, overlays, and/or reconstruction. The program will provide
maintenance for all classes of streets,including on-street bike lanes and bus routes.
Planning,design,right-of-way acquisition and other project costs may be included.
Annual Pedestrian Improvements $ 2,400 000
This project will expand the annual sidewalk improvement program to include site
specific pedestrian enhancements in key pedestrian areas identified in the City's
Pedestrian Plan. Improvements may include such projects as extending and
repairing sidewalks, providing greater safety at street crossings, increasing
accessibility for pedestrians with disabilities, and other projects designed to
enhance pedestrian safety and access.
Mason Street Transportation Corridor Phase 1 and 2 $595009000
There is currently no transportation corridor dedicated to the north-south flow of
bicycles, buses, and pedestrians. Mason Street from Cherry Street to Harmony
Road is envisioned as the City's first such transportation corridor, and would be
a roadway for the exclusive use of buses, bicyclists and pedestrians. Depending
upon acquisition of the necessary right of way,the corridor would extend for nearly
six miles along the Burlington Northern Santa Fe Railroad right-of-way. Phase 1
is the engineering/design studies and acquisition of rights-of-way. Phase 2 is the
construction of a bike and pedestrian way from Prospect Street to Harmony Road.
Public transit would be added as funding is available.
North College Corridor Improvements,Phase 1 $ 290009000
This is a four phased project to improve the safety of pedestrians and vehicles on
North College Avenue. Phase 1 will focus on the 1/4 to 1/2 mile north of Jefferson
Street. Anticipated improvements may include: (1) drainage improvements; (2)
widening the roadway to provide better and safer facilities for bicycles and
pedestrians; (3) constructing medians for access control; and/or(4) improving to
full arterial street standards including curb, gutter and sidewalk. Planning,design,
right-of-way acquisition and other project costs may also be included.