HomeMy WebLinkAbout2016-078-10/04/2016-URGING THE CITY'S ELECTORS TO VOTE 'YES/FOR' BALLOT ISSUE 2A ON THE BALLOT OF THE NOVEMBER 8, 2016 E RESOLUTION 2016-078
OF THE COUNCIL OF THE CITY OF FORT COLLINS .
URGING THE CITY'S ELECTORS TO VOTE "YES/FOR" BALLOT ISSUE 2A
ON THE BALLOT OF THE NOVEMBER 8, 2016 ELECTION, WHICH ASKS CITY
VOTERS TO CONFIRM THAT THE CITY MAY KEEP AND SPEND ALL REVENUES IT
HAS RECEIVED AND WILL CONTINUE TO RECEIVE FROM THE "KEEP FORT
COLLINS GREAT" .85% SALES AND USE TAX CITY VOTERS APPROVED IN 2010 •
WHEREAS, at the City's November 2, 2010 election, the City's electorate considered,
and 60% of those voting approved, a ballot question asking whether the City shall increase its
taxes in 2011 by an estimated $18.7 million and by such amounts as generated thereafter by
increasing the City's sales and use tax rate from 3.00 % to 3.85% commencing on January 1,
2011, and ending midnight on December 31, 2020, to be spent only for these purposes:
(a) 33% for street maintenance and repair,
(b) 17% for other street and transportation needs,
(c) 17% for police services,
(d) I I% for fire protection and other emergency services,
(e) l l% for parks maintenance and recreation services, and
(f) 11%for other community priorities as determined by City Council,
which tax rate increase is commonly known as the "Keep Fort Collins Great" tax (the "KFCG
Tax"); and
WHEREAS, as a proposed increase in the rate of the City's sales and use tax, the KFCG
Tax was required to be approved by the voters under Colorado's Taxpayer's Bill of Rights in
Article X, Section 20 of the Colorado Constitution("TABOR"); and
WHEREAS, the City has collected $117 million of KFCG Tax revenues during 2011
through 2015 and it is estimated the City will collect another $28 million in 2016, and of this
$145 million total amount, the City has already spent or appropriated for spending $134 million
for the purposes specifically directed by the voters in the 2010 KFCG Tax ballot question,
examples of which include:
(a) Streets. More than 300 lane miles have been resurfaced, and surface patching,
centerline marking, sidewalk and concrete work throughout the City has been completed.
(b) Other Transportation. Nine bridges have been designed and/or constructed
(including Shields at Rolland Moore, East and West Prospect,-and multiple bridges over
Arthur Ditch). Safe Routes to School, Neighborhood Plans and Neighborhood Parking
initiatives have been designed and implemented. Transfort, the Max and Dial-a-Ride
have expanded service, including Saturday and evening trips. Signals and sidewalks have
been upgraded throughout the City, improving traffic flow and ADA accessibility.
(c) Police. Thirty positions have been added, including 19 sworn police
officers. With additional resources, there has been an increase in Community Policing
efforts, resulting in reduced call volumes for both neighborhoods and in Old Town.
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(d) Fire. The Poudre Fire Authority ("PFA") has hired 13 firefighters and staffed the
South Battalion. Response times have been reduced by more than 2 minutes in PFA's
southern jurisdiction. Funding has also been used to ensure first responders have up-to-
date equipment including breathing apparatuses.
(e) Parks and Recreation. Approximately 3,000 scholarships per year have been
provided to low-income citizens, Fossil Creek Trail was expanded and connected to
Spring Creek trail, more than 4,000 hours per year of Adaptive Recreation programming
was provided, and the existing service hours and levels at all City recreation centers has
been maintained. Various park improvements were completed, including Rolland Moore
Park restrooms, Veteran's Plaza, field lighting and playground equipment upgrades.
(f) Other Community Priorities. Funding has been provided for the Poudre River
capital restoration projects, to more than 10 community agencies supporting before and
after school care, school lunch programs and meals for low income citizens, the annual
4`h of July celebration at City Park, and staffing and supplies to maintain the downtown
flowers; and
WHEREAS, the KFCG Tax ballot question voters approved in 2010 specifically asked
whether"all revenue generated" from the KFCG Tax could be spent for the purposes specified in
the ballot question and whether "the ull revenues derived from the tax, and investment earnings
thereon, may be retained and expended by the City for such purposes, notwithstanding anv State
revenue or expenditure limitations including but not limited to [TABOR]" ("KFCG Revenue
Change"); and
WHEREAS, in 1997 the City's voters also approved a ballot question that has generally
authorized the City "to collect, retain and expend the uU proceeds of the City's property taxes
and all other funds and revenue sources . . . in 1996 and all revenues received in every year
therea ter . . . notwithstanding anv state revenue or expenditure limitations, including without
limitation those contained in [TABOR]" ("General Revenue Change"); and
WHEREAS, a Fort Collins citizen recently raised the prospect of a lawsuit against the City
under TABOR to require the City to refund a substantial portion of the KFCG Tax revenues the
City has already collected and spent for the voter-authorized purposes described above, and to
require the City to substantially reduce the KFCG Tax .85% rate the voters approved in 2010;
and
WHEREAS, promptly presenting a ballot question to the voters for their confirmation as
to their intent regarding the KFCG Tax revenues will avoid uncertainty concerning how the City
should plan and budget for current and future City services and capital projects and whether the
City should continue to collect the KFCG Tax; and
WHEREAS, the Council has therefore previously determined that is in the City's best
interest to promptly confirm the voters' intent regarding this matter, by submitting to the
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electorate at the November 8 special election a ballot question with the following title, that is
designated on the ballot as Ballot Issue 2A:
"City-Initiated Question Concerning Whether the City May Keep and Spend All
Revenues Related to the "Keep Fort Collins Great" Sales and Use Tax City Voters
Approved in 2010.
and
WHEREAS, the Council believes it is important and in the best interest of this r
community that Ballot Issue 2A be approved by the voters.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that, for the foregoing reasons, the City Council supports the passage of Ballot
Issue 2A and strongly urges registered electors of the City to-vote "Yes/For" on Ballot Issue 2A
in the November 2016 election to confirm that the City is allowed to keep and spend all the
revenues it has received and will continue to receive from the KFCG Tax and to continue to
impose the KFCG Tax at the rate of.85%, as the City's voters approved in 2010.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th
day of October, A.D. 2016.
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Mayor
ATTEST: °OLORI.o°
City Clerk
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