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HomeMy WebLinkAbout2001-101-08/21/2001-SUBMITTING A CITIZEN-INITIATED ORDINANCE TO A VOTE OF THE REGISTERED ELECTORS AT THE SPECIAL MUNICIP RESOLUTION 2001-101 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING A CITIZEN-INITIATED ORDINANCE TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY AT THE SPECIAL MUNICIPAL ELECTION OF NOVEMBER 6, 2001 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,then to adopt or reject such ordinance or resolution at the polls; and WHEREAS,an initiative petition proposing an ordinance authorizing an additional twenty- nine one-hundredths percent(0.29%)city sales and use tax(29¢ on a$100 purchase)on all taxable items except food for a twenty-year period commencing January 1,2002 for the purpose of obtaining revenue to fund certain performing arts, library and museum facilities and related costs has been submitted to the City, and the City Clerk has certified said petition as sufficient for submission of the initiated ordinance to a vote of the people at a special municipal election; and WHEREAS, the City Clerk has presented said petition to the City Council as provided in Article X, Section 5(f)(4) of the City Charter; and WHEREAS, under Article X, Section 1(e) 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 submit said citizen-initiated ordinance in the form petitioned for, to the registered electors of the city at the next special municipal election to be held within one-hundred twenty (120) days, unless any other regular or special city election is to occur within said period, in which case the initiative measure shall be consolidated with such other election; and WHEREAS, in accordance with Article X, Section 20 of the constitution of the State of Colorado, the City Council is required to submit said citizen-initiated ordinance to a vote of the registered electors of the City; and WHEREAS, heretofore, the Council has called a special municipal election to be held on November 6, 2001 in conjunction with the Larimer County Coordinated Election. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: 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 on Tuesday,November 6, 2001, the following proposed citizen-initiated ordinance: CITIZEN-INITIATED ORDINANCE NO. 1,2001 AUTHORIZING AN ADDITIONAL TWENTY-NINE ONE-HUNDREDTHS PERCENT(0.29%) CITY SALES AND USE TAX(29¢ ON A$100 PURCHASE)ON ALL TAXABLE ITEMS EXCEPT FOOD FOR A TWENTY-YEAR PERIOD COMMENCING JANUARY 1, 2002 FOR THE PURPOSE OF OBTAINING REVENUE TO FUND CERTAIN PERFORMING ARTS, LIBRARY AND MUSEUM FACILITIES AND RELATED COSTS, INCLUDING CERTAIN OPERATION AND MAINTENANCE COSTS, WITHOUT REGARD TO LIMITATIONS CONTAINED IN PEOPLE'S ORDINANCE NO. 1 AND PEOPLE'S ORDINANCE NO.2 AS ADOPTED BY THE VOTERS AT THE APRIL 8, 1975 ELECTION,OR TO PAY THE PRINCIPAL OF, INTEREST ON AND ANY PREMIUM DUE IN CONNECTION WITH SALES AND USE TAX REVENUE BONDS OF THE CITY PROPOSED TO BE ISSUED IN CONNECTION WITH SUCH FACILITIES AND TO PAY THE OPERATION AND MAINTENANCE COSTS OF CERTAIN OF SUCH FACILITIES WHEREAS,it has been twenty-seven years since the citizens of the City of Fort Collins("City")approved a one-cent tax for library,performing arts and museum capital projects;and WHEREAS,in the past twenty-two years,the population of the City has nearly doubled,and the current needs of the citizens of the City can no longer be met by the existing performing arts, library and museum facilities;and WHEREAS, in 1997 the citizens of the City approved the extension of the Choices 95 Capital Projects Sales and Use Tax which included funding for land acquisition and/or initial design of both a new performing arts center and a new main library;and WHEREAS, a group of private citizens has committed to raising$6,000,000 to fund a portion of the cost of a new performing arts center; and WHEREAS,in November of 2000,the City Council of the City("City Council")approved the siting of a new performing arts center on Block 31,City of Fort Collins; and WHEREAS,the proposed new cultural facilities for performing arts,library and museum purposes have been considered and endorsed by the Cultural Resources Board,the Lincoln Center Board,the Library Board,The Friends of the Library and the Museum Advisory Council,among others; and WHEREAS, the costs of such cultural facilities, including their increased operation and maintenance costs, should appropriately be funded by an increase in the City sales and use tax rate on all taxable items except food for a twenty(20)year period commencing on January 1,2002;and WHEREAS, the proposed cultural facilities will provide enhanced educational, intellectual and artistic opportunities for all of the citizens of the City, and such facilities will substantially contribute to the City's quality of life and economic prosperity;and WHEREAS,under Article X,Section 20 of the Colorado Constitution,such tax increase requires a vote of the people. NOW,THEREFORE,BE IT ORDAINED AS FOLLOWS: SECTION 1. That an additional twenty-nine one-hundredths percent(0.29%)City sales and use tax shall be levied on the purchase price of all taxable items except food(i.e.29¢on a$100 purchase)commencing at 12:01 a.m. on January 1,2002 and expiring at midnight on December 31,2021 (the"Tax"). SECTION 2. That the revenue generated by the Tax shall be used to fund the acquisition, design, construction,and equipment of,and site improvements to,the Perfonning Arts Facilities,the Library Facilities and the Museum Facilities and the operation and maintenance costs of certain of such facilities as described and defined below (cumulatively,the"Projects"): 2.1 PERFORMING ARTS FACILITIES (a) A new performing arts center located on Block 31, City of Fort Collins, with a building footprint of approximately 125,000 square feet and including an approximately 2,200-seat main theater,an approximately 400-seat theater,a visual arts gallery, space for community meetings and classrooms and site improvements, including on-site parking spaces(the"New Performing Arts Center"), at an estimated design and construction cost of$38,905,000,excluding operation and maintenance costs and the anticipated$6,000,000 of private funding. (b) Upon conclusion of satisfactory contractual arrangements between the City and Colorado State University("CSU"),improvements to theaters in the CSU Center for the Arts to accommodate joint use with the City and/or the funding of joint operational costs of City and CSU performing arts facilities,at a cost of approximately$1,000,000. 2.2 LIBRARY FACILITIES (a) A new main library of approximately 100,000 square feet to be located in the downtown area and site improvements(the"New Main Library)at an estimated design and construction cost of $33,400,000, excluding operation and maintenance costs. Site improvements may include on-site and/or off-site parking facilities at an approximate total cost for all parking facilities of$1,000,000. (b) Acquisition of land for a new branch library at an approximate cost of$1,500,000 at a location to be determined by the City Council or, in the event land for such branch library is dedicated to the City or otherwise acquired by the City from other funding sources, such money shall be used for design and/or construction costs of such branch library(the "New Branch Library"). 2.3 MUSEUM FACILITIES Renovation and/or new construction of museum facilities and site improvements,including on-site parking spaces, which could include renovation of the existing main library for museum purposes if approved by the City Council,such renovation and/or new construction estimated to cost $9,200,000,excluding operation and maintenance costs(the"Museum Facilities"). In the event that all or any portion of the Museum Facilities is located on Block 142,City of Fort Collins(the present site of the existing main library),a maximum of fifty percent(50%)of such block may be used for buildings and parking facilities. 2.4 OPERATION AND MAINTENANCE Subject to the provisions of Subsection 4.2 hereof, the Tax has been calculated and is intended to cover the increase in operation and maintenance costs (i.e. operation and maintenance costs which are over and above those now needed for existing City performing arts, library and museum facilities)expected to result from the New Performing Arts Center,the New Main Library and the Museum Facilities. SECTION 3. That, in the event sales and use tax revenue bonds are issued by the City to fund the acquisition,design,construction,and equipment of,and site improvements to,the Projects(the"Bonds"),the revenue generated by the Tax shall be used for the payment of the principal of, interest on and any premium due in connection with the Bonds and for the payment of operation and maintenance costs of the New Performing Arts Center,the New Main Library and the Museum Facilities and the costs of issuance of the Bonds. SECTION 4. That the revenue generated by the Tax,whether used for the purposes set forth in Section 2 or Section 3 above, shall be subject to the following terms and conditions: 4.1 In order to ensure availability of funds after 2021 for the operation and maintenance of the Projects or, if deemed necessary by the City Council for the debt service on the Bonds, an amount equal to 13.7%of the revenue generated by the Tax shall be deposited into a separate fund or account to be established by the City Council and shall be used,along with any earnings from the investment of such revenue, exclusively for operation and maintenance of the Projects after 2021, provided, however,that in the event revenue from the Tax is insufficient to fund the increased operation and maintenance costs of the Projects through 2021,City Council,in its discretion,may use such revenue and any associated earnings prior to 2021 for operation and maintenance costs of the Projects or, if deemed necessary by the City Council,for debt service on the Bonds. 4.2 The design, final cost and timing of the Projects shall be determined by the City Council provided, however, that no decision regarding the design and/or cost of any of the Projects shall materially reduce the scope, materially change the essential character, or eliminate any of the components of any of such Projects as the same are described herein. In establishing final costs and approving the architectural designs for each of the Projects,the City Council shall be guided by the principles that cultural facilities shall be of a high quality architecturally and shall be designed to identify and enhance the unique purpose of each facility. The provisions of this Subsection 4.2 shall not be construed as prohibiting the City Council from: (a) Using revenue from the Tax to enhance the scope and/or design of any of the Projects,including the provision of off-site parking facilities,or to increase the cost thereof, unless such enhancement or increase in cost would impair the City's ability to fully fund all of the components of the Projects as described herein; or (b) Using revenue from the Tax to enhance the scope of operation and maintenance of any of the Projects,unless such enhancement would impair the City's ability to fully fund all of the components of the Projects as described herein;or (c) Using any other revenues lawfully available to the City to enhance the scope, design and/or operation and maintenance of any of the Projects or to increase the cost of the same. SECTION 5. That in the event the Bonds are issued for the Projects,the Tax shall continue for a period not to exceed the last maturity date of the Bonds without reduction in rates until the Bonds are paid in full and thereafter shall be reduced to rates sufficient to pay the remaining costs of the Projects, including operation and maintenance thereof. SECTION 6. That the proposed New Main Library may be sited anywhere in downtown Fort Collins as the City Council may deem appropriate without regard to the location limitations contained in People's Ordinance No. 1 as adopted by the voters at the April 8, 1975 election,and that the City Council shall have the option to construct or reconstruct the Museum Facilities on Block 142, City of Fort Collins (the current main library site) as described in Section 2.3 hereof without regard to the provisions of People's Ordinance No.2 as adopted by the voters at the April 8, 1975 election,which limit the percentage of Block 142 that may be used for buildings and parking facilities. SECTION 7. That the City Council shall enact such further legislation as is necessary to carry out the purposes of this Ordinance. SECTION 8. That the full amount of revenues derived from the Tax may be collected 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 2. That the foregoing proposed 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: CITY OF FORT COLLINS BALLOT ISSUE PROPOSED CITIZEN-INITIATED ORDINANCE NO. 17 2001 SHALL CITY OF FORT COLLINS SALES AND USE TAXES BE INCREASED BY AN ESTIMATED$8,000,000 FOR THE FIRST FULL FISCAL YEAR AND BY SUCH AMOUNTS AS MAY BE GENERATED ANNUALLY THEREAFTER BY INCREASES IN THE RATES THEREOF FROM 3.00% TO 3.29%, TO COMMENCE JANUARY 1, 2002, AND EXPIRE DECEMBER 31,2021, THE PROCEEDS OF WHICH TAX RATE INCREASES, TOGETHER WITH INVESTMENT EARNINGS THEREON, SHALL BE USED FOR THE ACQUISITION, CONSTRUCTION,INSTALLATION,OPERATION AND MAINTENANCE OF • A NEW PERFORMING ARTS CENTER, INCLUDING AN APPROXIMATELY 2,200-SEAT MAIN THEATER AND AN APPROXIMATELY 400-SEAT THEATER, A VISUAL ARTS GALLERY, SPACE FOR COMMUNITY MEETINGS AND IMPROVEMENTS TO THEATERS IN THE COLORADO STATE UNIVERSITY CENTER FOR THE ARTS TO ACCOMMODATE JOINT USE WITH THE CITY, • A NEW MAIN LIBRARY WITHOUT REGARD TO LIMITATIONS CONTAINED IN PEOPLES ORDINANCE NO. 1, 1975,AND LAND FOR A NEW SOUTHEAST BRANCH LIBRARY AND • MUSEUM FACILITIES WITHOUT REGARD TO LIMITATIONS CONTAINED IN PEOPLES ORDINANCE NO.2, 1975, OR FOR THE PAYMENT OF PRINCIPAL, INTEREST AND ANY PREMIUM DUE IN CONNECTION WITH SALES AND USE TAX REVENUE BONDS ISSUED BY THE CITY FOR THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF SUCH FACILITIES, TO CONTINUE WITHOUT REDUCTION IN RATES UNTIL SUCH BONDS ARE PAID IN FULL AND THEREAFTER TO BE REDUCED TO RATES SUFFICIENT TO PAY THE REMAINING COSTS OF ACQUISITION,CONSTRUCTION AND INSTALLATION OF SUCH FACILITIES AND THE OPERATION AND MAINTENANCE THEREOF, SUCH TAX RATE INCREASES AND REDUCTIONS TO BE ENACTED BY SUCH ORDINANCES OF THE CITY COUNCIL AS MAY BE NECESSARY TO EFFECT THE PROVISIONS HEREOF,AND IN CONNECTION THEREWITH SHALL THE CITY OF FORT COLLINS BE AUTHORIZED TO COLLECT AND EXPEND THE PROCEEDS OF SUCH TAX RATE INCREASES AND INVESTMENT EARNINGS THEREON, NOTWITHSTANDING ANY APPLICABLE LIMITATION ON REVENUES AND EXPENDITURES, INCLUDING THE LIMITATIONS SET FORTH IN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION,ALL IN ACCORDANCE WITH CITIZEN-INITIATED ORDINANCE NO. 1,2001? YES NO Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 21st day of August, A.D. 2001. A/ Mayor ATTEST: AUL- k City Clerk