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HomeMy WebLinkAbout1997-011-02/04/1997-EIGHTY FOUR ACRES IGA LARIMER COUNTY NATURAL AREA PURPOSES PURCHASE MANAGEMENT RESOLUTION 97-11 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY FOR THE PURCHASE AND MANAGEMENT OF APPROXIMATELY EIGHTY-FOUR ACRES OF LAND FOR NATURAL AREA PURPOSES WHEREAS,Stephanie Steppel-White is the owner of approximately 84 acres of land located northwest of the City-owned Coyote Ridge Natural Area, south of Fort Collins, more particularly described on Exhibit "A", attached hereto and incorporated herein by this reference and referred to herein as "the Property"; and WHEREAS, Stephanie Steppel-White has agreed to sell the Property to Latimer County for a total price of$278,500; and WHEREAS,City staff has negotiated a proposed Intergovernmental Agreement with Latimer County, subject to Council approval, whereby the City will: (1) pay $185,676 toward the cost of acquiring the Property in exchange for an undivided 66.67 percent interest in the Property, and (2) manage the property as an addition to the Coyote Ridge Natural Area; and WHEREAS, one of the objectives of the Natural Areas Policy Plan as adopted by the City Council is to establish a system of publicly owned natural areas to protect the integrity of critical conservation sites, protect corridors between natural areas, preserve outstanding examples of Fort Collins' diverse natural heritage and provide a broad range of opportunities for educational, interpretive, and recreational programs to meet community needs; and WHEREAS,the Parks and Recreation Policy Plan, as adopted by the City Council identifies the Property as a priority open land area to be protected; and WHEREAS, the Plan for the Region Between Fort Collins and Loveland as adopted by the City Council identifies the Property as a significant natural area to be protected; and WHEREAS,the purchase of the Property will help the City meet the objectives of the City's Natural Areas Policy Plan, the Plan for the Region Between Fort Collins and Loveland, and the Parks and Recreation Policy Plan; and WHEREAS, in the November 1992 General Election,the citizens of the City of Fort Collins approved a one-quarter cent sales tax for the acquisition and maintenance of natural areas; and WHEREAS, sufficient funds are available and appropriated in the Natural Areas Project in the Capital Projects Fund for the acquisition of the Property, and additional funds are available in the Capital Projects Fund for maintenance of the Property following acquisition; and WHEREAS,the Council has determined that the purchase price and donation of the Property is fair and reasonable and in the best interests of the citizens of the City; and WHEREAS,the Natural Resources Advisory Board and the Parks and Recreation Board have recommended to the Council that the acquisition of the Property be completed; and WHEREAS, Article II, Section 16 of the City Charter provides that the Council may enter into agreements with other governmental bodies for the performance of cooperative or joint activities. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Manager be, and hereby is, authorized to enter into an agreement with Larimer County for the joint acquisition, ownership and management of the Property described on Exhibit"A", attached hereto and incorporated herein by this reference,which agreement shall be substantially in the form of the proposed agreement attached hereto as Exhibit`B" and incorporated herein by this reference (the "Agreement"); provided, however, that the City Manager, in consultation with the City Attorney, make such additions, deletions, and revisions to the Agreement as he deems necessary and appropriate to protect the interests of the City. Section 2. That the Property, while owned by the City, shall be used solely for the purposes of a public natural area, and that in the event that the City Council subsequently determines that it is in the best interests of the City to sell or otherwise dispose of all or any portion of the Property, the proceeds of such sale shall be dedicated to the acquisition or maintenance of other public natural areas. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 4th day of February, A.D. 1997. j, ayor ATTEST: y City Clerk EXHIBIT A Steppel/Hidden Springs Ranch Road Property LEGAL DESCRIPTION A tract of land located entirely within the West '-� of the East '-1, Section 17, Township 6 North, Range 69 West of the 6th Principal Meridian in Larimer County, Colorado and being more particularly described as follows : Considering the North line of the said East '-� as bearing North 89 degrees 39 minutes 56 seconds East and with all other bearings herein relative thereto. COMMENCING at the North Quarter corner of said Section 17; thence North 89 degrees 39 minutes 56 seconds East 97 . 00 feet along said North line of said East = Section 1'7 to the True Point of Beginning; thence along the top of a cliff the following ten courses, South 11 degrees 59 minutes 01 seconds West 123 . 02 feet; thence South 14 degrees 50 minutes 28 seconds West 239 . 20 feet; South 00 degrees 37 minutes 35 seconds West 665 . 16 feet; thence South 13 degrees 52 minutes 45 seconds East 278 . 33 feet; thence South 16 degrees 44 minutes 25 seconds East 354 . 16 feet; thence South 26 degrees 03 minutes 42 seconds East 385 . 64 feet; thence South 24 degrees 21 minutes 19 seconds East 890 . 51 feet; thence South 07 degrees 10 minutes 22 seconds East 483 . 82 feet; thence South 23 degrees 57 minutes 03 seconds East 287 . 71 feet; thence South 90 degrees 00 minutes 00 seconds East 444 . 37 feet to the East line of the West '-i� of the East '-,� of Section 17; thence North 00 degrees 30 minutes 09 seconds West 3, 533 . 84 feet along the said East line of the West ',� of the East � Section 17 to the North line of said East 4 of Section 17 ; thence South 89 degrees 39 minutes 56 seconds West 1, 201 . 96 feet to the True Point of Beginning. EXHIBIT B INTERGOVERNMENTAL AGREEMENT CONCERNING STEPPEL/HIDDEN SPRINGS RANCH ROAD PROPERTY This Agreement is made this day of 1997,by and between Latimer County and the City of Fort Collins (sometimes hereinafter referred to individually as an "Entity" and collectively as the 'Entities"). WHEREAS,Part 2 of Article 1 of Title 29 authorizes governments to cooperate and contract with one another to provide any function, service or facility lawfully authorized to each, including the sharing of costs; and WHEREAS, Larimer County has imposed a sales tax for the purchase and maintenance of open space, natural areas, parks and trails and a portion of the funds generated by said sales tax are distributed to municipalities located within Larimer County; and WHEREAS,Larimer County and the City of Fort Collins may have other funds available for the purchase and maintenance of open space, natural areas, parks and trails; and WHEREAS,Latimer County will be acting as the Lead Entity in negotiating the acquisition, which may include but is not limited to purchase of a fee interest, purchase of a conservative easement, purchase of an option or options, a lease or lease/purchase arrangement, of the real property described in Exhibit"A" attached hereto and incorporated herein by reference(hereinafter "the Property"). WHEREAS, the Entities desire to cooperate and contract with one another concerning the sharing of costs and responsibilities for the acquisition, ownership and management of the Property, NOW,THEREFORE,in consideration of their mutual promises contained herein the Entities agree as follows: A. Cost Sharing 1. The cost of acquiring the Property is Two Hundred Seventy-Eight Thousand Five Hundred and no/100 Dollars ($278,500.00), not including adjustments at closing. 2. The Entities agree to contribute the following percentage of the costs (including acquisition costs, other direct costs of acquisition, such as title insurance, survey of the Property, or appraisal fees, and adjustments at closing): 1 Entity Percentage Larimer County 33.33% City of Fort Collins 66.67% 3. Larimer County, as the Lead Entity, will notify the other Entity fifteen (15) days before a payment is due. An Exhibit `B" is attached setting forth the anticipated payment due dates, which exhibit is incorporated herein by reference. The other Entity will remit said payment to the Lead Entity by check or certified funds, as instructed by the Lead Entity, so that it is received by the Lead Entity by the due date stated in the notice. Any failure on the part of the Lead Entity to provide the notice referred to above shall not relieve the other Entity from its obligation to make payment and any such Entity which did not receive timely notice shall remit the required funds within fifteen (15) days of receiving notice from the Lead Entity that a payment is due. B. Ownership of Property 1. Unless otherwise agreed by the Entities prior to acquisition of the Property, the Lead Entity will acquire title to the Property in its name or in the names of the parties with undivided interests set forth in paragraph B.2. below. 2. Subsequent to closing,the Entities agree that title to the Property shall be held as follows: a. Larimer County: an undivided 33.33% interest b. City of Fort Collins: an undivided 66.67% interest If title is not shared at closing,the Lead Entity shall quit claim the appropriate percentage interest in the Property to the other Entity as soon as practicable. The Lead Entity will arrange for a title insurance policy to be issued insuring title to the Property issued to the ultimate owners as set forth in paragraph 2.13. 3. In the event that the Property is sold, exchanged, transferred or otherwise disposed of,the proceeds from such disposition shall be divided between the Entities in the same proportion as their actual acquisition contribution. 4. If the Property is acquired in whole or in part with sales tax revenues generated by the "Help Preserve Open Spaces Initiative', any sale, exchange, transfer or disposition of the Property shall be subject to all the provisions of the "Help Preserve Open Spaces Initiative", attached hereto as Exhibit C, specifically including numbered paragraphs 20 and 21. 2 5. If the Property is acquired in whole or in part with sales tax revenues generated by the City of Fort Collins "'/o Cent Sales Tax for Natural Areas Initiative," any sale, exchange, transfer or disposition of the Property shall be subject to all the provisions of said initiative. 6. If one of the Entities desires to sell the Property and the other Entity does not, the Entities agree to negotiate in good faith to resolve the issue prior to undertaking any litigation. In addition, in the event one of the Entities desires to sell the Property and the other Entity does not, the Entity desiring to sell hereby grants to the Entity who does not desire to sell the option to purchase the Property at its then fair market value as determined by an appraiser selected by the Entities. C. Management of the Property 1. The City of Fort Collins shall be the Managing Entity and shall be responsible for management of the Property in accordance with the Management Plan developed by the Entities. 2. On or before March 31, 1998,The Entities shall develop a written plan for the Property, (the"Management Plan) through the City Manager for the City of Fort Collins and Director of Parks and Open Lands for Larimer County which Management Plan shall provide a resource inventory for the Property and establish a common plan to address issues including, but not limited to: , facilities for and limitations on, public access, weed control, necessary improvements and restoration needs and cost sharing for improvements and restoration. The Management Plan shall also provide a process for modifications by mutual agreement of the entities. If all or any portions of the property are subject to leases or other legal restrictions, such portions shall be managed in accordance therewith. . 3. In the event of emergency or unusual circumstances, the Managing Entity shall be entitled to use reasonable discretion in responding to such circumstances, regardless of the expressed terms of the management plan, provided that reasonable efforts are made to consult with the non-managing entity regarding the proper course of action. 4. The Managing Entity shall be responsible for the management costs associated with the Property. "Management costs" shall be defined to include normal and customary expenses associated with day-to-day use and operation of the Property. Cost sharing for improving the Property for use by the public shall be determined in the Management Plan,or any other liabilities or extraordinary costs related to the use,possession or ownership of the Property shall be shared by the Entities in proportion to their ownership interest in the Property. 5. The Entities shall develop a reclamation plan for the road scars on the Property on or before August 31, 1997. Larimer County shall act as the project manager for 3 the reclamation plan, which shall be administered and implemented in accordance with applicable purchasing, contracting, project management and engineering standards and procedures. It is anticipated that the sum of Fifteen Thousand and no/100 Dollars ($15,000.00) will be contributed to the reclamation project by a third party. Each Entity agrees to contribute one-half of the costs of reclamation in excess of any amounts received from third parties. Latimer County shall send an itemized statement on a monthly basis to the City of Fort Collins for its share of the reclamation costs. The City of Fort Collins shall pay its share of the reclamation costs within fifteen (15),days of receipt of the statement. D. Miscellaneous Provisions 1. This Agreement may not be assigned by an Entity without the prior written consent of the other Entity. 2. This Agreement shall be binding upon and inure to the benefit of the Entities' successors and permitted assigns. 3. Financial obligations of the Entities payable after the current fiscal year are contingent upon the governing bodies of the Entities appropriating the necessary funds. 4. Any notices required or permitted to be given shall be in writing and personally delivered to the office of an Entity or by first class mail, postage prepaid, as follows: To Latimer County: K-Lynn Cameron, Open Lands Manager Latimer County Open Lands and Parks Department 1800 South County Road 31 Loveland, Colorado 80537-9638 To City of Fort Collins: Tom Shoemaker, Natural Resources Director City of Fort Collins Department of Natural Resources 281 North College Avenue Fort Collins, Colorado 80521 Any such notice shall be effective (i) in the case of personal delivery, when the notice is actually received, or(ii) in the case of first class mail, the third day following deposit in the United States mail, postage prepaid, addressed as set forth above. Any Entity may change these persons or addresses by giving notice as required above. 5. This Agreement shall be effective upon the date of the last Entity to sign. 4 LARIMER COUNTY, COLORADO Dated: By: Chair, Board of County Commissioners ATTEST: APPROVED AS TO FORM: Deputy Clerk Assistant County Attorney CITY OF FORT COLLINS, COLORADO Dated: By: Mayor ATTEST: APPROVED AS TO FORM: City Clerk Assistant City Attorney 5 EXHIBIT "A" TO INTERGOVERNMENTAL AGREEMENT CONCERNING STEPPEL/HIDDEN SPRINGS RANCH ROAD PROPERTY BETWEEN LARIMER COUNTY AND THE CITY OF FORT COLLINS ANTICIPATED APPROXIMATE AMT. APPROXIMATE ANIT. PAYMENT DUE DATE LAR►MER COUNTY FORT COLLINS February 28, 1997 $ 92,824.05' $ 185,675.95' TOTAL $ 92,824.05 S 185,675.95 Does not include adjustments at closing. EXHIBIT A Steppel/Hidden Springs Ranch Road Property LEGAL DESCRIPTION A tract of land located entirely within the West '-� of the East '�, Section 17, Township 6 North, Range 69 West of the 6th Principal Meridian in Larimer County, Colorado and being more particularly described as follows : Considering the North line of the said East 1 as bearing North 89 degrees 39 minutes 56 seconds East and with all other bearings herein relative thereto. COMMENCING at the North Quarter corner of said Section 17; thence North 89 degrees 39 minutes 56 seconds East 97 . 00 feet along said North line of said East '-� Section 17 to the True Point of Beginning; thence along the top of a cliff the following ten courses, South 11 degrees 59 minutes 01 seconds West 123 . 02 feet; thence South 14 degrees 50 minutes 28 seconds West 239 . 20 feet; South 00 degrees 37 minutes 35 seconds West 665 . 16 feet; thence South 13 degrees 52 minutes 45 seconds East 278 . 33 feet; thence South 16 degrees 44 minutes 25 seconds East 354 . 16 feet; thence South 26 degrees 03 minutes 42 seconds East 385 . 64 feet; thence South 24 degrees 21 minutes 19 seconds East 890 . 51 feet; thence South 07 degrees 10 minutes 22 seconds East 483 . 82 feet; thence South 23 degrees 57 minutes 03 seconds East 287 . 71 feet; thence South 90 degrees 00 minutes 00 seconds East 444 . 37 feet to the East line of the West 1� of the East 1-:2 of Section 17; thence North 00 degrees 30 minutes 09 seconds West 3, 533 . 84 feet along the said East line of the West ',� of the East '-� Section 17 to the North line of said East '-� of Section 17; thence South 89 degrees 39 minutes 56 seconds West 1, 201 . 96 feet to the True Point of Beginning. HELP PRESERVE OPEN SPACES INITIATIVE WHEREAS, there is citizen support in Larimer County to preserve and provide open space, natural areas, wildlife habitat, parks and trails for today and for the future; and WHEREAS, the need exists now in Larimer County and in the cities and towns of Loveland, Fort Collins, Estes Park, Berthoud, Timnath and Wellington to protect, acquire, improve and maintain open space, natural areas, wildlife habitat, parks and trails; and WHEREAS, no other county-wide funding source exists to protect open space and provide trails; and WHEREAS, the intent of this initiative is to establish one county-wide sales and use tax to be shared by Larimer County, Loveland, Fort Collins, Estes Park, Berthoud, Timnath and Wellington for open space, natural area, wildlife habitat, park and trail purposes on a willing seller basis only; and WHEREAS, Larimer County and the cities and towns in Larimer County have developed master plans for open space, natural area, park and trail purposes; and WHEREAS, Larimer County and the cities and towns in Larimer County will coordinate implementation of those plans involving open space, natural areas, wildlife habitat, parks and trails; and WHEREAS, Larimer County will coordinate with unincorporated communities including but not limited to Laporte, Bellvue, Redfeather Lakes regarding their open space, natural area, wildlife habitat, park and trail goals; and WHEREAS, the intent of this initiative is to supplement existing funding sources, if any, for open space, natural area, wildlife habitat, park and trail purposes; and WHEREAS, agriculture is determined to be significant to Larimer County's cultural heritage, therefore preservation of lands for agricultural purposes from willing participants is desirable; and WHEREAS, Larimer County and the cities and towns in Larimer County will partner with each other and with land trusts and other state and federal agencies in order to jointly pursue funds from the GO Colorado Trust Fund as well as other appropriate grant programs; and WHEREAS, there is a citizens effort to place an initiative on the November, 1995 ballot to fund open space, natural areas, wildlife habitat, parks and trails with a county-wide 1/4 cent sales and use tax (not on food) that is limited to eight years. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: LTHAT for the purposes of open space, natural areas, wildlife habitat, parks and trails, a county-wide one quarter of one percent (0.25%) sales and use tax shall hereby be imposed and the proceeds of the sales and use tax shall be expended by Larimer County for Larimer County and on behalf of the municipalities in Larimer County including Loveland, Fort Collins, Estes Park, Berthoud, Timnath and Wellington for the following purposes: a) To acquire fee title interest in real property in Larimer County and within the municipalities of Latimer County for open space, natural area, wildlife habitat, park and trail purposes; b) To acquire less than fee interests in real property such as easements (including conservation and agricultural), leases, options, future interests, covenants, development rights, subsurface rights and contractual rights, either on an exclusive or nonexclusive basis, for open space, natural area, wildlife habitat, park and trail purposes; c) To acquire water rights and water storage rights for use in connection with the aforementioned purposes; d) To acquire rights-of-way and easements for trails and access to public lands in Latimer County and within the municipalities of Latimer County, and to build and improve such trails and accessways; e) To allow expenditure of funds for joint projects between counties, municipalities, recreation districts, other government entities, trusts, foundations or other public or private entities for open space, natural area, wildlife habitat, park and trail purposes in Larimer County and within the municipalities of Larimer County; f) To improve and protect open space, natural areas, wildlife habitat, parks and trails; g) To manage, patrol and maintain open space, natural areas, wildlife habitat, parks and trails; h) To pay for related collection, distribution and construction costs subject to limitations stated herein. ITHAT all acquisitions shall be carried out with good faith negotiations with willing sellers; and that no entity receiving this sales and use tax revenue shall use such funds to make any acquisition authorized by this initiative through eminent domain or the threat of eminent domain; 3.THAT a separate fund, to be known as the "Latimer County Open Space Fund" (the "Fund") shall be created and 100% of the revenue (gross receipts less collection and distribution costs) derived from the sales and use tar shall be deposited thereto; and that a minimum of fifty-five percent (55%) of the revenue deposited thereto shall be attributed to the municipalities located wholly within Latimer County as further described in paragraph 6; and that the remaining fund balance, after municipal shares have been attributed, but not less than thirty-five percent (35%), shall be allocated to Latimer County to be used solely for the purposes stated herein and as further described in paragraph 15 below; 4.THAT interest generated from the revenues of the sales and use tax shall be used for the purposes stated herein; 2 10.THAT Larimer County shall create a separate account for the municipality of Berthoud; and that 100% of the revenue attributed to Berthoud from said sales and use tax and any investment income thereon which is attributed to Berthoud shall be deposited thereto; and that the revenue deposited shall be limited to activities that identify, preserve and maintain sites that are natural habitats for wildlife and native plants specifically including wetlands, reservoirs and river corridors; protect farmlands and encourage agricultural activities in those surrounding lands that also contribute to open space and buffers with nearby communities; link the undeveloped areas associated with the community gateway south of Berthoud with the Little Thompson corridor; protect the undeveloped lands around and connecting the reservoirs in the Berthoud area all as described in the Berthoud Comprehensive Plan, Land Use Plan and the Northern Colorado Regional Planning Study; I LTHAT Larimer County shall create a separate account for the municipality of Timnath; and that 100% of the revenue attributed to Timnath from said sales and use tax and any investment income thereon which is attributed to Timnath shall be deposited thereto; and that the revenue deposited shall be used for the purposes stated herein; 12.THAT Larimer County shall create a separate account for the municipality of Wellington; and that 100% of the revenue attributed to Wellington from said sales and use tax and any investment income thereon which is attributed to Wellington shall be deposited thereto; and that the revenue deposited shall be used for the purposes stated herein; 13.THAT Larimer County shall distribute funds on behalf of a municipality upon the municipality representing to the County that the funds are to be used in accordance with this initiative and the County is entitled to rely upon such representation when making the distribution and shall not be responsible for any misuse of funds so distributed; 14.THAT each municipality and Larimer County shall prepare a report to the public annually regarding the use of the revenues attributed to said municipality and Larimer County; 15.THAT, after municipal funds have been allocated, the remaining fund balance (not less than thirty-five percent) shall be used by Larimer County for the purposes stated herein; and that over the life of the sales and use tax; (i) not less than seventy percent (70%) of the revenue shall be used solely for paying all or any part of the costs of acquiring interests in, protecting and improving open space, natural areas, wildlife habitat, parks and trails; (ii) not less than fifteen percent (15%) and up to thirty percent (30%) of the revenue shall be set aside to be used solely for paying all or any part of the long-term costs of operating, maintaining, and administering such interests and improvements; and (iii) not more than fifteen percent (15%) of the revenue shall be used solely for paying any part of the costs of improving existing regional parks including Carter Lake, Horsetooth Reservoir, Flatiron Reservoir and Pinewood Reservoir; and that, if Larimer County terminates its lease with the U.S. Bureau of Reclamation for recreational management of the aforementioned 4 water and sanitary facilities; campground and picnic facilities; swim beaches and boating facilities; environmental education opportunities and access for the physically disabled. c) Trails provide links and access to outdoor recreation, open space, parks, natural areas and other communities while preserving natural features or migration corridors for wildlife. 17.THAT a voluntary county-wide Advisory Board shall be established by the Board of County Commissioners to make recommendations regarding the attributable revenue share to Larimer County; and that the membership of the Advisory Board at a minimum shall consist of one (1) elected official or appointee from the municipalities of Berthoud, Estes Park, Fort Collins and Loveland; one (1) member from the Latimer County Planning Commission; and four(4) citizens appointed at large. The membership of the Advisory Board shall represent a balance in geography, population and interest; 18.THAT if the majority of the qualified electors voting thereon vote for approval of this county-wide sales and use tax initiative, such county-wide sales and use tax shall be effective throughout the incorporated and unincorporated portions of the Larimer County beginning January 1, 1996; 19.That pursuant to Article 2 of Title 29 of the Colorado Revised Statutes, Larimer County is authorized to pledge sales and use tax revenue for capital improvements and, if the sales and use tax is approved and if the County acted to pledge sales and use tax for capital improvements, the County shall pledge the revenue only for the purposes stated herein. 20.THAT no land acquired through the revenues provided by this sales and use tax may be sold, leased, traded, or otherwise conveyed, nor may an exclusive license or permit on such land be given, nor may the use of such land be converted to purposes other than those permitted hereby until approval of such action by the appropriate elected board or council. Prior to such action, the proposed action shall be reviewed by the applicable county or municipal advisory board, and a recommendation shall be forwarded to the appropriate elected board or council. Approval of the action may be given only by a majority vote of the members of the elected board or council after a public hearing held with notice published at least ten (10) days in advance in the official newspaper of the County and each municipality within the County, giving the location of the land in question and the intended action relating thereto. 21.THAT (i) if any real property or interest therein acquired by use of proceeds of said sales and use tax pursuant to paragraph 1 of this initiative ever be sold, exchanged, transferred or otherwise disposed of, the consideration for such sale, exchange, transfer or disposition shall be subject to the same expenditure and use restrictions as those set forth herein for the original proceeds of said sales and use tax, including restrictions set forth in this paragraph; and (ii) if any real property or interest therein acquired by use of proceeds of said sales and use tax pursuant to paragraph 1 of this initiative shall ever be converted 6 the place or places at which the retail sales are consummated for the purpose of a sales tax imposed by this initiative shall be determined by the provisions of Article 26 of Title 39, Colorado Revised Statutes, as amended, and by rules and regulations promulgated by the Department of Revenue. The amount subject to tax shall not include the amount of any sales or use tax imposed by Article 26 of Title 39, Colorado Revised Statutes, as amended. The tangible personal property and services taxable pursuant to this initiative shall be the same as the tangible personal property and services taxable pursuant to Section 39-26-104, Colorado Revised Statutes, as amended, and subject to the same exemptions as those specified in Section 39-26-114, Colorado Revised Statutes, as amended, and further subject to the exemption for sales of food (as the term "food" is defined in Section 39-26-102(4.5)) specified in Section 39-26-114(1)(a)(W, Colorado Revised Statutes, as amended, the exemption for purchases of machinery and machine tools specified in Section 39-26-114(11), Colorado Revised Statutes, as amended, and the exemption for sales and purchases of those items in Section 39-26-114(1)(a)()CC), Colorado Revised Statutes, as amended. All sales of personal property on which a specific ownership tax has been paid or is payable shall be exempt from the sales tax imposed by Larimer County when such sales meet both of the following conditions: a) The purchaser is a non-resident of or has his principal place of business outside of Larimer County; and b) Such personal property is registered or required to be registered outside the limits of Larimer County under the laws of the State of Colorado. The county-wide sales tax shall not apply to the sale of construction and building materials, as the term is used in Section 29-2-109, Colorado Revised Statutes, as amended, if such materials are picked up by the purchaser and if the purchaser of such materials presents to the retailer a building permit or other documentation acceptable to the County evidencing that a local use tax has been paid or is required to be paid. The county-wide sales tax will not apply to the sale of tangible personal property at retail or the furnishing of services if the transaction was previously subjected to a sales or use tax lawfully imposed on the purchaser or user by another statutory or home rule county equal to or in excess of that sought to be imposed by Larimer County. A credit shall be granted against the sales tax imposed by Larimer County with respect to such transaction equal in amount to the lawfully imposed local sales or use tax previously paid by the purchaser or user to the previous statutory or home rule county. The amount of the credit shall not exceed the sales tax imposed by Larimer County. The county-wide sales tax will not apply to the sale of food purchased with food stamps. For purposes of this paragraph, "food" shall have the meaning as provided in 7 U.S.C. Section 2012(g) as such section exists on October 1, 1987 or is thereafter amended. The county-wide sales tax will not apply to the sale of food purchased with funds provided by the special supplemental food program for women, infants and children, 42 U.S.C. Section 1786. For purposes of this paragraph, "food" shall have the same meaning as provided in 42 U.S.C. Section 1786 as such section exists on October 1, 1987 or is thereafter amended. 8 d) To the storage, use, or consumption of tangible personal property by the United States government, or the State of Colorado, or its institutions, or its political subdivisions in their governmental capacities only or by religious or charitable corporations in the conduct of their regular religious or charitable functions; e) To the storage, use, or consumption of tangible personal property by a person engaged in the business of manufacturing or compounding for sale, profit, or use any article, substance, or commodity, which tangible personal property enters into the processing of or becomes an ingredient or component part of the product or service which is manufactured, compounded, or furnished and the container, label, or the furnished shipping case thereof; f) To the storage, use, or consumption of any article of tangible personal property the sale or use of which has already been subjected to a legally imposed sales or use tax of another statutory or home rule county equal to or in excess of that imposed by Larimer County. A credit shall be granted against the use tax imposed by Larimer County with respect to a person's storage, use, or consumption in Larimer County of tangible personal property purchased in another statutory or home rule county. The amount of the credit shall be equal to the tax paid by the person by reason of the imposition of a sales or use tax of the other statutory or home rule county on the purchase or use of the property. The amount of the credit shall not exceed the tax imposed by this proposal; g) To the storage, use, or consumption of tangible personal property and household effects acquired outside of Larimer County and brought into it by a non-resident acquiring residency; h) To the storage or use of a motor vehicle if the owner is or was, at the time of purchase, a non-resident of Larimer County and he purchased the vehicle outside of Larimer County for use outside of Larimer County and actually so used it for a substantial and primary purpose for which it was acquired and he registered, titled, and licensed said motor vehicle outside of Larimer County; i) To the storage, use or consumption of any construction and building materials and motor and other vehicles on which registration is required if a written contract for the purchase thereof was entered into prior to the effective date of this use tax proposal. j) To the storage, use, or consumption of any construction and building materials required or made necessary in the performance of any construction contract bid, let, or entered into any time prior to the effective date of this use tax proposal. 3 LTHAT the one quarter of one percent (0.25%) use tax provided for herein shall be applicable to every motor vehicle for which registration is required by the laws of the State of Colorado, and no registration shall be made of any motor or other vehicle for which registration is required, and no certificate of title shall be issued for such vehicle by the Department of Revenue or its authorized agents until any tax due upon the use, storage, or consumption thereof pursuant to this initiative has been paid. The use tax imposed by this initiative shall be collected by the authorized agent of the Department of Revenue in 10 "SHALL LARIMER COUNTY TAXES BE INCREASED $6,200,000 ANNUALLY, COMMENCING IN 1996, AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED ANNUALLY THEREAFTER, FOR OPEN SPACE,NATURAL AREA, WILDLIFE HABITAT, PARK AND TRAIL PURPOSES, SUCH TAX TO CONSIST OF A ONE QUARTER PERCENT (1/4%) COUNTY-WIDE SALES AND USE TAX (NOT ON FOOD) TO BE IMPOSED BEGINNING JANUARY 1, 1996, AND ENDING ON DECEMBER 31, 2003, OF WHICH A MINIMUM OF 55% OF THE REVENUES ARE PLEDGED TO THE MUNICIPALITIES OF LOVELAND, FORT COLLINS, ESTES PARK, BERTHOUD, TRANATH, AND WELLINGTON; AND NOT MORE THAN 45% OF THE REVENUES ARE PLEDGED TO LARUYfER COUNTY; ALL FOR THE ACQUISITION, PROTECTION, IMPROVEMENT AND LONG-TERM MAINTENANCE OF OPEN SPACE,NATURAL AREAS, WILDLIFE HABITAT, PARKS AND TRAILS, ALL AS IS MORE PARTICULARLY DESCRIBED IN THE HELP PRESERVE OPEN SPACES INITIATIVE; AND SHALL THE PROCEEDS OF SUCH SALES AND USE TAXES, AND INVESTMENT INCOME THEREON CONSTITUTE VOTER- APPROVED REVENUE CHANGES AND BE COLLECTED AND SPENT BY ' THE COUNTY WITHOUT REGARD TO ANY EXPENDITURE, REVENUE- RAISING, OR OTHER LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION, AND WITHOUT LIMITING IN ANY YEAR THE AMOUNT OF OTHER REVENUES THAT MAY BE COLLECTED AND SPENT BY THE COUNTY?" YES NO c:\jbm\openland\hpos\iritiati.doc 12