HomeMy WebLinkAbout2001-107-08/28/2001-SUBMITTING TO THE ELECTORS ON 11/06/01 AN ORDINANCE ESTABLISHING A 1/4 PERCENT SALES AND USE TAX INC NO ACTION TAKEN
August 28, 2001
RESOLUTION 2001-107
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY
AN ORDINANCE ESTABLISHING A ONE-QUARTER PERCENT
(1/4%) SALES AND USE TAX INCREASE ON ALL TAXABLE SERVICES
AND TANGIBLE PERSONAL PROPERTY EXCEPT FOOD, FOR THE PURPOSE
OF FUNDING CERTAIN TRANSPORTATION PROJECTS, WHICH TAX INCREASE
SHALL REMAIN IN EFFECT FOR A PERIOD OF FOUR YEARS
BEGINNING JANUARY 1, 2002, AND ENDING DECEMBER 31, 2005
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 City has historically used short-term,voter-approved sales taxes to provide
funding for specific capital project needs; and
WHEREAS,in January,2001,the City developed a IO year Capital Improvement Plan and
Inventory which lists a wide range of capital projects that are fully or partially funded,together with
an inventory of unfunded projects; and
WHEREAS, on February 6, 2001, the City Council adopted Resolution 2001-20 which set
forth a process for identifying the City's most critical capital needs; and
WHEREAS, pursuant to Resolution 2001-20, Council has identified several high priority
transportation projects that require immediate attention, which projects do not have an identified
funding source; and
WHEREAS,the City Council believes it would be in the best interests of the residents of the
City to submit a proposed tax increase to the voters to fund the construction of these high priority
projects; and
WHEREAS,the City Council has heretofore called a special election to be held 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 City-initiated ordinance:
CITY-INITIATED ORDINANCE NO. 137,2001
AUTHORIZING AN ADDITIONAL ONE-QUARTER PERCENT(1/4%)CITY SALES
AND USE TAX(TWENTY-FIVE CENTS ON A ONE HUNDRED DOLLAR PURCHASE)
ON ALL TAXABLE ITEMS EXCEPT FOOD FOR A FOUR YEAR PERIOD
COMMENCING JANUARY 1,2002 AND EXPIRING DECEMBER 31,2005,
FOR THE PURPOSE OF OBTAINING REVENUE TO FUND
CERTAIN TRANSPORTATION PROJECTS
WHEREAS,the City ofFort 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 City has historically used short-term,voter-approved sales taxes to provide funding for specific
capital project needs; and
WHEREAS,in January,2001,the City developed a 10 year Capital Improvement Plan and Inventory which
lists a wide range of capital projects that are fully or partially funded,together with an inventory of unfunded projects;
and
WHEREAS,on February 6,2001,the City Council adopted Resolution 2001-20 which set forth a process for
identifying the City's most critical capital needs;and
WHEREAS,pursuant to Resolution 2001-20,Council has identified several highpriority transportation projects
that require immediate attention,which projects do not have an identified funding source;and
WHEREAS, the Council believes it would be in the best interests of the residents of the City to submit a
proposed tax increase to the voters to fund the construction of these high priority projects;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 one-quarter percent City sales and use tax(the "Tax") shall be levied on the
purchase of all taxable items except food(twenty five cents on a one hundred dollar($100)purchase)commencing at
12:01 a.m.on January 1,2002 and expiring at midnight on December 31,2005.
Section 2. That,subject to the terms and conditions contained in subsections(a)and(b)of this Section,the
revenue generated by the Tax shall be used to pay the costs of certain transportation capital projects,as described on
Exhibit"A",attached hereto and incorporated herein by this reference,which costs may include,without limitation,the
costs of right of way acquisition, design, construction and installation of the improvements,as well as administrative
costs.
(a) The projects costs shown on Exhibit"A"are estimates in year 2000 dollars of the amount of
revenue to be generated by the Tax that will be available for each project. The general
design,actual 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 ofthe 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 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 any transportation capital
project approved by the City Council.
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 City Council shall enact such further legislation as may be necessary to carry out the
purposes of this Ordinance.
Section 2. That the foregoing proposed City-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 CITY-INITIATED ORDINANCE NO. 137, 2001
SHALL CITY OF FORT COLLINS SALES AND USE TAXES BE INCREASED
BY AN ESTIMATED$6,900,000 FOR THE FIRST FULL FISCAL YEAR AND
BY SUCH AMOUNTS AS MAY BE GENERATED ANNUALLY
THEREAFTER BY AN INCREASE IN THE RATES OF SUCH TAXES OF
ONE-QUARTER PERCENT (25 CENTS ON THE PURCHASE OF $100),
COMMENCING JANUARY 1,2002,AND EXPIRING DECEMBER 31,2005,
THE PROCEEDS OF WHICH TAX RATE INCREASES, TOGETHER WITH
INVESTMENT EARNINGS THEREON, SHALL BE USED FOR THE
FOLLOWING CAPITAL PROJECTS:
• HARMONY ROAD UPGRADING AND WIDENING - FROM
SENECA STREET TO BURLINGTON NORTHERN SANTA FE
RAILROAD TRACKS
• TIMBERLINE ROAD UPGRADING AND WIDENING- FROM
PROSPECT ROAD TO DRAKE
• MASON STREET TRANSPORTATION CORRIDOR
WITH THE UNDERSTANDING THAT THE GENERAL DESIGN,
SCHEDULING,AND COST OF THESE PROJECTS WILL BE DETERMINED
BY THE CITY COUNCIL; AND SHALL THE FULL AMOUNT OF
REVENUES DERIVED FROM THE TAX INCREASE BE RETAINED AND
EXPENDED BY THE CITY FOR SUCH PURPOSES,NOTWITHSTANDING
ANY STATE REVENUE OR EXPENDITURE LIMITATION INCLUDING THE
LIMITATIONS SET FORTH IN ARTICLE X, SECTION 20 OF THE
COLORADO CONSTITUTION, ALL IN ACCORDANCE WITH CITY-
INITIATED ORDINANCE NO. 137, 2001?
YES
NO
Passed and adopted at an adjourned meeting of the Council of the City of Fort Collins held
this 28th day of August, A.D. 2001.
Mayor
ATTEST:
City Clerk
EXHIBIT "A"
Transportation Projects
Project Description Estimated Costs
(Year 2000
dollars)
Harmony Road Upgrade and Widening - from Seneca Street to $ 3,100,000
Burlington Northern Santa Fe Railroad Tracks
This project would provide additional funding to complete the upgrade and
widening of this segment of Harmony Road to a four-lane arterial in order
to relieve congestion and increase capacity for motor vehicles,bicycles and
pedestrians. The project would include improvements to the
Shields/Harmony intersection.
Timberline Road Upgrade and Widening- from Prospect Road to $ 11,540,000
Drake Road
This project would provide funding to widen approximately one mile of
Timberline Road to a four-lane arterial in order to relieve congestion and
increase capacity for motor vehicles, bicycles and pedestrians.
Improvements would include a new bridge over Spring Creek as well as
improvements to the Timberline/Prospect intersection.
Mason Street Transportation Corridor $ 5,000,000
This project would provide funding for the continuing development of a
multi-modal transportation corridor, to be used primarily by bicycles,
pedestrians and mass transit, extending along either side of the existing
Burlington Northern Santa Fe Railroad right-of-way from Cherry Street to,
or beyond, Harmony Road. The funding would be used either as a local
match in combination with federal funds, if those federal funds become
available, or used independently, without matching federal funds, to
complete as many of the proposed improvements as possible. Examples of
such improvements could include transit facilities, bike/pedestrian
improvements, right of way acquisition or others.