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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.