HomeMy WebLinkAbout2002-075-08/20/2002-SUBMITTING A CITIZEN-INITIATED ORDINANCE TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY AT THE SPE RESOLUTION 2002-075
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 5, 2002
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 relating to the continuation of the City's existing open
space sales and use tax 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,Article X,Section 20 of the Colorado Constitution,requires that any proposed
extension of an existing tax be submitted to a vote of the registered electors; and
WHEREAS, heretofore, the Council has called a special municipal election to be held on
November 5, 2002 in conjunction with the Larimer County General 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 5, 2002,the following
proposed citizen-initiated ordinance:
CITIZEN-INITIATED ORDINANCE NO. 1,2002
CITIZENS'INITIATIVE TO CONTINUE THE CITY'S
EXISTING OPEN SPACE SALES AND USE TAX
WHEREAS,the citizens of Fort Collins have shown strong support to preserve and provide open space,natural areas,
community separators,wildlife habitat,and trails for today and for the future;and
WHEREAS,Fort Collins citizens currently enjoy the open spaces and natural areas;the recreation they provide,such
as walking,hiking,biking, wildlife viewing,bird watching, and fishing; the educational opportunities and programs
provided to people of all ages and backgrounds;and the beautiful landscapes and views they provide;and
WHEREAS,open space,natural areas,wildlife habitat,community separators,agricultural lands,and trails are resources
that benefit all members of the Fort Collins community;and
WHEREAS,Fort Collins is a rapidly growing city in one of the fastest growing counties in the United States,and its open
lands are rapidly disappearing;and
WHEREAS,land values in and around Fort Collins are quickly escalating;and
WHEREAS,the City of Fort Collins has demonstrated the ability to acquire important lands responsibly;to leverage
funds through Great Outdoors Colorado,and to partner with Larimer County,land trusts,private landowners,and other
public and private entities;and
WHEREAS,there is not enough existing funding to protect and preserve the desired open spaces,community separators,
natural areas,wildlife habitat,and valued agricultural lands in and around Fort Collins.
NOW,THEREFORE,BE IT ORDAINED AS FOLLOWS:
Section 1. THAT for purposes of acquiring, operating, and maintaining open spaces,community separators,natural
areas,wildlife habitat,riparian areas,wetlands,and valued agricultural lands,and providing for the appropriate use and
enjoyment of these areas by the citizenry, the existing twenty-five one-hundredths (.25) percent sales and use tax
authorized by Ordinance No.29-1997 of the City Council of the City of Fort Collins and approved by the City of Fort
Collins voters,be extended, for a period of twenty five (25)years, expiring at midnight on December 31, 2030 (the
"Tax"
Section 2. THAT land conservation projects using revenues from the Tax shall be undertaken where there is an
identifiable benefit to the residents of the City of Fort Collins as determined by the City Council,whether undertaken
by the City of Fort Collins alone or in partnership with one or more entities. The projects shall be undertaken within the
City of Fort Collins and its Growth Management Area boundary;in the areas between Fort Collins and the communities
of Wellington,Windsor,Loveland,Timnath,Bellvue,and LaPorte;in the foothills west of Fort Collins;in the Poudre
River corridor;and regionally.
Section 3. THAT 100 percent(100%)of the proceeds from the Tax shall be deposited into the Sales and Use Tax Fund
and shall be apportioned as follows:
a) Not less than 80 percent (80%) of the total annual revenue of the Tax shall be used solely for Land
Conservation Activities as defined herein.
b) Not more than 20 percent(20%)of the total annual revenue of the Tax shall be used solely for Operations
Activities and Maintenance Activities as defined herein.
Section 4. THAT"Land Conservation Activities"are herein defined to solely include the following:
a) Acquiring interests in real property for the purposes of conserving and protecting open spaces,community
separators,natural areas,wildlife habitat,riparian areas,wetlands,and valued agricultural lands. Acquiring
interests in real property includes, without limitation, fee simple acquisition, acquisition of perpetual
conservation or agricultural easements, and acquisition of development rights, whether alone or in
cooperation with one or more entities;
b) Acquiring or leasing water rights and water storage rights for the purpose of conserving,restoring, and
maintaining conserved and protected lands,or if acquisition of interests in real property is contingent on
acquisition of water rights;
c) Acquiring subsurface rights,such as mineral(e.g.gravel)rights;
d) Allowing expenditure of funds for joint projects between Larimer County, other municipalities, trusts,
foundations,GOCO,or other public or private entities for the purpose of land conservation;
e) Improving acquired lands by restoring and enhancing native plant and animal communities;
f) Providing funds to the Natural Areas Enhancements grants program to protect,restore and enhance native
plant and animal communities on private and publicly owned natural areas;
g) Hiring land agents,as necessary,to act on behalf of the City of Fort Collins in negotiating contracts with
the owners of such interests in real property;and
h) Administering and directly supervising Land Conservation Activities as described in this section.
i) Land Conservation Activities shall not include any activities defined herein as Operations Activities or
Maintenance Activities.
Section 5. THAT "Operations Activities" of conserved and protected lands is herein defined to solely include the
following:
a) Conducting educational and volunteer programs to involve citizens in the ownership of conserved and
protected lands;
b) Informing the public about City of Fort Collins open spaces and programs, such as producing and
distributing newsletters,a website,and brochures;
c) Providing public capital facilities to manage human usage of conserved lands, such as trails, fencing,
wildlife viewing structures,restrooms,drinking water,trash receptacles,parking areas,signage,interpretive
exhibits,or information displays;
d) Developing, implementing and updating an overall program master plan, as well as site-specific
management plans for conserved and protected lands;
e) Administering the natural areas and land conservation programs,including on-going accounting,record
keeping, scheduling, personnel management, interacting with the City Council and the citizens, and
administering easement requests in accordance with the adopted natural areas easement policy;
f) Law enforcement activities for the purpose of enforcing natural areas and open lands regulations and other
applicable laws;
g) Providing funds for Fort Collins transportation capital needs related to Land Conservation Activities,as
outlined in Section 9;and
h) Administering and directly supervising all Operations Activities described in this section.
i) Operations Activities shall not include any activities defined herein as Land Conservation Activities or
Maintenance Activities.
Section 6. THAT"Maintenance Activities"of conserved and protected lands is herein defined to solely include the
following:
a) Controlling noxious weeds and invasive species and maintaining native vegetation and habitats;
b) Repairing,cleaning,or replacing public capital facilities as described in Section 5,such as trails,fencing,
wildlife viewing structures,restrooms,drinking water,trash receptacles,parking areas,signage,interpretive
exhibits,or information displays,and removing trash and debris;
c) Controlling erosion and preventing soil loss due to natural causes or human impacts;
d) Monitoring lands protected by less than fee simple acquisition at least annually,through the use of third
party land trusts,the City of Fort Collins,or other appropriate parties,to ensure lands are protected and
maintained in accordance with the terms of the acquisition and adopted management plans and agreements.
Except as otherwise expressly agreed,owners of properties protected by less than fee simple acquisition
shall be responsible for maintaining all lands,structures,enhancements,and facilities in accordance with
the adopted site-specific management plans and agreements;and
e) Administering and directly supervising all Maintenance Activities described in this section.
f) Maintenance Activities shall not include any activities defined herein as Operations Activities or Land
Conservation Activities.
Section 7. THAT all Land Conservation Activities as defined in Section 4 shall be accomplished by agreement with
willing sellers.
Section 8. THAT the City of Fort Collins shall expend moneys for Land Conservation Activities in a timely and
expedient manner,seeking to avoid substantial escalation in costs of real property or the real property being no longer
available, including, where appropriate, cooperating with land trusts and other public and private land conservation
entities.
Section 9. THAT not more than five percent (5%) of the total revenue of the Tax may be used for Fort Collins
transportation capital needs,as provided in subsection 5g.Such revenue shall only be used for improvement of existing
roads or acquisition of rights-of-way adjacent to property owned in fee simple by the City of Fort Collins that was
acquired with the proceeds of this initiative. Such revenue shall not be used for such improvements or acquisitions
adjacent to interests in real property that were acquired in whole or in part prior to January 1,2006;provided that such
revenue may be used to address the impacts of only the portion of property acquired on or after January 1,2006 with
the proceeds of this initiative. Acquisition of rights-of-way shall be at the fair market value of such right-of-way at the
time such interest in real property was acquired by the City of Fort Collins. The equivalent of such fair market value of
such right-of-way shall be transferred from the fund or account used for Operations Activities to the fund or account used
for Land Conservation Activities.
Section 10. THAT all revenues generated on open space,natural areas,wildlife habitat,and other Land Conservation
Activities performed or acquired with the Tax shall be used for the purposes stated herein.Revenues generated from
leasehold interests in real property shall subsequently be used for Land Conservation Activities.
Section 11. THAT investment earnings on the revenues of the Tax shall be used for the purposes stated herein and
apportioned as provided in Section 3.
Section 12. THAT,except with the express approval of the City Council,(a)no interest in real property acquired with
the revenues provided by the Tax may be sold,leased,traded,or otherwise conveyed,(b)nor may an exclusive license
or permit on such interest in real property be given,(c)nor may the use of such interest in real property be converted to
purposes other than those permitted hereby. Prior to such action, the proposed action shall be reviewed by the
appropriate board,and a recommendation shall be forwarded to the City Council. Approval of the action may be given
only by a majority vote of the members of City Council after a public hearing held with notice provided in accordance
with the applicable law.
Section 13. THAT, except as provided in Section 9, (a) if any real property or interest therein acquired by use of
proceeds of the Tax pursuant to this initiative ever be sold,exchanged,transferred,leased or otherwise disposed of,the
consideration for such sale,exchange,transfer,lease or disposition shall be deposited into a fund or account for Land
Conservation Activities and be subject to the same expenditure and use restrictions as those set forth herein for the
original proceeds of the Tax,including restrictions set forth in this Section;and (b)if any real property or interest therein
acquired by use of proceeds of the Tax pursuant to Section 1 of this initiative shall ever be converted to purposes other
than those described herein,the City of Fort Collins shall pay into a fund or account for Land Conservation Activities,
from any legally available municipal moneys other than the Tax,the then estimated fair market value of such property,
as determined by an appraisal.
Section 14. THAT the City of Fort Collins is authorized to adopt such uniform rules,regulations,and ordinances as may
be necessary for the administration and enforcement of this initiative in a manner consistent with the language herein;
and that the City Council or its authorized representatives are hereby empowered to enter into and execute on behalf of
the City of Fort Collins any agreements necessary for the administration and enforcement of this initiative in a manner
consistent with the language herein.
Section 15. THAT the City Council shall designate a voluntary City Advisory Board,either existing or new,to advise
and make recommendations to the City Council regarding the expenditure of moneys for the purposes stated herein.
Section 16. THAT the City of Fort Collins shall prepare for review by the appropriate board(s) and City Council
quarterly financial reports to include revenues,expenditures,and balances in the applicable funds or accounts,and any
other appropriate related accounts,and shall prepare a report to the public annually regarding the use of the revenues
derived from the Tax.
Section 17. THAT the full amount of revenues, and any investment earnings thereon, derived from the Tax may be
retained and expended by the City of Fort Collins,notwithstanding any state revenue or expenditure limitations including,
without limitation,those contained in Article X, Section 20 of the Colorado Constitution.
Section 18. THAT,when the Tax expires at midnight on December 31,2030,all moneys remaining from the proceeds
of this initiative shall continue to be expended for the purposes set forth herein until completely exhausted, and on
December 31,2033,any funds remaining in a fund or account for Operations Activities and Maintenance Activities,as
defined herein,shall be transferred to a fund or account for Land Conservation Activities,as defined herein.
Section 19. THAT this initiative shall become effective at 12:01 a.m.January 1,2006.
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
CITIZEN-INITIATED ORDINANCE
TO CONTINUE THE CITY'S EXISTING
OPEN SPACE SALES AND USE TAX
Shall there be an extension of the existing City of Fort Collins 0.25%sales and use
tax for trail systems,wildlife habitat,natural areas and certain park projects,which
was authorized by voter-approved Ordinance No. 29, 1997, and which is presently
scheduled to expire December 31, 2005, with such tax to be extended through
December 31,2030,and with all revenue generated by such tax after December 31,
2005, to be used to acquire, operate and maintain open spaces, community
separators, natural areas, wildlife habitat, riparian areas, wetlands and valued
agricultural lands and to provide for the appropriate use and enjoyment of these
areas by the citizenry, through land conservation projects to be undertaken where
there is an identifiable benefit to the residents of the City,as determined by the City
Council, either within the City or its Growth Management Area or regionally,
provided that:
• Not less than 80%of the total annual revenue generated by the
tax would be used solely for"land conservation activities";and
• Not more than 20%of such total annual revenue would be used
for"operations activities"and"maintenance activities"related
to those land conservation activities;
and further provided that all such land conservation activities would be
accomplished by agreement with willing sellers;and that the full amount of revenues
derived from such extended tax, and any investment earnings thereon, may be
collected and expended by the City, notwithstanding any state revenue or
expenditure limitations,including,without limitation,those contained in Article X,
Section 20 of the Colorado Constitution, all in accordance with citizen-initiated
Ordinance No. 1, 2002?
YES
NO
Passed and adopted at a regular meeting of the Council of the City Fort Collins this 20th
day of August, A.D. 2002.
Mayor
TEST:
City Clerk