Loading...
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 , .. *OWN" •�'' 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 2 t r 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 3 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. 4 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 5 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 6 loom 100W.. 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.