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ORDINANCE NO. 218
IN THE MATTER OF APPROVING AND IMPLEMENTING THE WELD COUNTY LAND
PRESERVATION SALES AND USE TAX PROGRAM
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld,State of Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority
of administering the affairs of Weld County, Colorado, and
WHEREAS,there is in Weld County, citizen support to protect and preserve Weld County's
agricultural heritage through the preservation of agricultural lands,watersheds and river corridors,
and wildlife habitat, and
WHEREAS, little or no County-wide funding source currently exists to pay for such
preservation, and
WHEREAS, the intent of this Ordinance is to establish a County-wide sales and use tax in
accordance with the terms set forth in this Ordinance for the purpose of paying for protective
mechanisms and/or the acquisition, improvement,and maintenance of preserved agricultural lands,
watersheds and river corridors, and wildlife habitats on a "willing seller" basis only, and
WHEREAS, Weld County wishes to coordinate implementation of plans involving the
protection and preservation of Weld County's agricultural heritage through the preservation of
agricultural lands, watersheds and river corridors, and wildlife habitat, and
WHEREAS, Weld County will coordinate with communities regarding their goals with
respect to such preservation, and
WHEREAS, the intent of this Ordinance is to supplement existing funding sources, if any,
for such purposes, and
WHEREAS, it is the intent of this Ordinance that the revenues generated hereby may be
used to pay for principal and interest on "multiple-fiscal year direct or indirect district debt or other
financial obligation whatsoever," as that term is used pursuant to the requirements of Article X,
Section 20 of the Colorado Constitution, and
WHEREAS, agriculture is determined to be significant to Weld County's cultural heritage,
therefore preservation of lands for agricultural purposes from willing participants is desirable, and
WHEREAS, pursuant to Section 29-2-10, C.R.S., Weld County has the authority :o levy
a county use tax for the privilege of using or consuming in the County any construction and building
materials purchased at retail or for the privilege of storing, using, or consuming in the County any
motor and other vehicles, purchased at retail on which registration is required,or both, as provided
in Section 29-2-109. C.R.S., effective throughout the incorporated and unincorporated portions of
Weld County, and
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WHEREAS, pursuant to Section 29-2-103. C.R.S., Weld County has the authority 10 levy
a county sales tax on all sales of tangible personal property at retail or the furnishing of services
in Weld County, as provided in Section 29-2-105(1)(d), C.R.S., effective throughout the
incorporated and unincorporated portions of Weld County, and
WHEREAS, it is the desire of Board of County Commissioners to deposit 100% of the
revenue(gross receipts less collection and distribution costs)derived from the sales and use taxes
into a separate fund to pay strictly for the preservation, protection, and/or provision of preserved
land, natural areas, wildlife habitats, and parks.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that for the purpose of preserving, protecting, and/or prcviding
preserved lands, natural areas, wildlife habitats, and parks, the following sales and use tax
requirements shall apply and:
I. Imposition of Sales Tax. There is hereby imposed a county-wide one-quarter of one
percent (0.25%) sales tax on all sales of tangible personal property at retail or the
furnishing of services in Weld County, as provided in Section 29-2-105(1)(d),
C.R.S., effective throughout the incorporated and unincorporated portions o°Weld
County, subject to the following terms and conditions:
A. Transactions Subject to the Sales Tax.
1. The tangible personal property and services taxable hereunder shall
be the same as the tangible personal property and services taxable
pursuant to Section 39-26-104, C.R.S., subject to the same
exemptions as those specified in Section 39-26-114, C:.R.S.,
including, specifically, and not by way of limitation,the exemption for
sales of food (as the term "food" is defined in Section :39-26-
102(4.5), C.R.S.), as exempted from the Colorado state sales tax
pursuant to Section 39-26-114(1)(a)(XX);the exemption for vending
machine sales of food, as described in Section 39-26-114(7.5),
C.R.S.; the exemption for purchases of machinery and machine
tools specified in Section 39-26-114(11), C.R.S.; the exemption for
sales and purchases of those items listed in Section 39-26-
114(l)(a)(XXI); the exemption for occasional sales by a charitable
organization, as provided in Section 39-26-114(18), C.R.S.; the
exemption for sales and purchases of farm equipment or farm
equipment under lease or contract exempted from the Colorado
state sales tax, pursuant to Section 39-26-114(20),
excel on E definjq e* e a_ 0nr-pa is useddrrthe
reek p nce_e4 =• a tpl i1eypalletsF&aids
WOOay rti •mb, . e a - ^ . ` igd or adapted to
Q ertakea _. ultw "Pt3j = ' e;s; and the exemption for sales of
low-emitting motor vehicles, power sources, or parts used for
converting such power sources, as specified an
Section 39-26-114(22), C.R.S.
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2. Such sales tax shall not apply to pesticides that are registered by the
Colorado Commissioner of Agriculture for use in the production of
agricultural and livestock products, pursuant to the provisions of the
"Pesticide Act," Article 9 of Title 35, C.R.S., and offered for sale by
dealers licensed to sell such pesticides, pursuant to Section 35-9-
115, C.R.S.,notwithstanding the removal of such pesticides from the
Colorado state sales tax base, pursuant to House Bill 99-1381,
enacted at the first regular session of the Sixty-Second General
Assembly.
3. Such sales tax shall not apply to the sale of construction and
building materials, as the term is used in Section 29-2-109, C.R.S.,
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.
4. 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 Weld County when such sales meet both of the following
conditions: (i)the purchaser is a non-resident of or has his principal
place of business outside of Weld County, and (ii) such personal
property is registered or required to be registered outside the limits
of Weld County under the laws of the State of Colorado.
5. Such sales tax will not be imposed upon 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 hereunder
by Weld County. A credit shall be granted against the sales tax
imposed hereunder by Weld 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 hereunder by Weld County.
6. Such sales tax will not apply to the sale of food purchased with food
stamps. For purposes of this section,"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.
7. Such 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
section"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.
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B. Determination of Place at Which Sales are Consummated. For the
purposes of this Ordinance, all retail sales shall be considered
consummated at the place of business of the retailer, unless the tangible
personal property sold is delivered by the retailer or his agent to a
destination outside the limits of Weld County or to a common carrier for
delivery to a destination outside the limits of Weld County. The gross
receipts from such sales shall include delivery charges when such charges
are subject to the Colorado state sales and use tax imposed by Article 26
of Title 39, C.R.S., regardless of the place to which delivery is made. In the
event a retailer has no permanent place of business in Weld County, or has
more than one place of business, the place or places at which the retail
sales are consummated for the purpose of a sales tax imposed by this
Ordinance shall be determined by the provisions of Article 26 of Tile 39,
C.R.S., and by rules and regulations promulgated by the Department of
Revenue. The amount subject to the sales tax imposed hereunder shall not
include any Colorado state sales or use tax imposed by Article 26 of Title
39, C.R.S.
C. Collection, Administration, and Enforcement. The sales tax imposed
hereunder shall be collected, administered and enforced by the Executive
Director of the Colorado Department of Revenue ("Executive Director") in
the same manner as the collection, administration and enforcement of the
Colorado state sales tax. The provisions of Article 26 of Title 39, C.R.S.,
and all rules and regulations promulgated thereunder by the Executive
Director shall govern the collection, administration, and enforcement of the
sales tax imposed hereunder. Distribution of all sales tax collected by the
Executive Director, pursuant to this Ordinance, shall be to Weld County.
D. Licensing of Vendors. Any person engaging in the business of selling
tangible personal property at retail, or the furnishing of certain services as
herein specified, is required to obtain a license therefore,which license shall
be granted at no cost and issued by an official designated by the Board of
County Commissioners, and shall be in force and effect for a period of three
years thereafter, unless sooner revoked. Such license shall be granted
upon application stating the name and address of the person desiring such
license, the address of such business and location, and such other facts as
the said official may reasonably require. In case business is transacted at
two(2)or more separate places by one person, a separate licence fcr each
place of business shall be required. Each license shall be numbered and
shall show the name, residence, place and character of a business of the
licensee and shall be posted in a conspicuous place in the place of business
for which it is issued. No license shall be transferable. Any license nay be
revoked for cause as provided in Section 39-26-103, C.R.S., and any
amendment thereto enacted before the effective date of this Ordinance,
which provision is incorporated herein by reference. No license shall be
required for any person engaged exclusively in the business of selling
commodities which are exempt from taxation under this Ordinance. The
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vendor(retailer)shall be entitled as collecting agent to withhold a collection
fee in the same amount and in the same manner as authorized in Section
39-26-105, C.R.S., and any amendment thereto enacted before or after the
effective date of this proposal from the total amount due by vendor to the
County. No vendor shall be entitled to the collection fee for any month that
the vendor is or remains delinquent.
E. Application of Section 29-2-108, C.R.S. The seven percent (7%) imitation
on amount of sales tax provided for in Section 29-2-108, C.R.S., shall be
exceeded in the municipalities of the City of Fort Lupton, the Town of
Hudson, and the Town of Lochbuie, Colorado, upon the approval of the
sales tax imposed hereunder. In such event, such sales tax limitatio i shall
be exceeded by one-quarter of one percent (0.25%).
II. Imposition of Use Tax. There is hereby imposed a county-wide one-quarter of one
percent (0.25%) use tax in accordance with the provisions of Article 2, Title 29,
C.R.S., for the privilege of using or consuming in Weld County any construction and
building materials purchased at retail and for the privilege of storing, using, or
consuming in Weld County any motor and other vehicles, purchased at retail on
which registration is required, effective throughout the incorporated and
unincorporated portions of Weld County, subject to the following terms and
conditions:
A. Exemptions from the Use Tax.
1. Storage, use, or consumption of any tangible personal property the
sale of which is subject to a retail sales tax imposed by Weld
County.
2. Storage, use or consumption of any tangible personal property
purchased for resale in Weld County either in its original form or as
an ingredient of a manufactured or compounded product, in the
regular course of a business.
3. Storage, use or consumption of tangible personal property brought
into Weld County by a nonresident thereof for his own storage, use,
or consumption while temporarily within the County;however,as this
exemption does not apply to the storage, use, or consumption of
tangible personal property brought into this state by a nonresident
to be used in the conduct of a business in this state.
4. Storage, use, or consumption of tangible personal properly 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.
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5. Storage, use, or consumption of tangible personal properly by a
person engaged in the business of manufacturing or compounding
for profit, or the use of 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.
6. 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 hone rule
county equal to or in excess of that imposed by Weld County. A
credit shall be granted against the use tax imposed by Weld County
with respect to a person's storage, use, or consumption in Weld
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.
7. Storage, use, or consumption of tangible personal property and
household effects acquired outside of Weld County and brought into
it by a non-resident acquiring residency.
8. Storage or use of a motor vehicle if the owner is or was, at the time
of purchase, a non-resident of Weld County and he purchased the
vehicle outside of Weld County for use outside of Weld 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 Weld County.
9. 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.
10. 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 the use tax imposed hereunder.
11. The use tax imposed hereunder 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
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authorized agents until any tax due upon the use, storage, or
consumption thereof pursuant to this Ordinance has been paid.
B. Collection, Administration, and Enforcement. Except as proviced by
Sections 39-26-209 and 39-26-304, C.R.S., the use tax imposed hereunder
shall be collected, enforced and administered by Weld County. The use tax
on construction and building materials shall be collected by the County
Building Inspection Department, by each municipality or, as rray be
otherwise provided by intergovernmental agreement, based upon an
estimate of building and construction materials costs submitted by the owner
or contractor at the time a building permit application is made. All use tax
collected on construction and building materials pursuant to this Ordnance
shall be distributed to Weld County. All use tax collected on motor or other
vehicles pursuant to this Ordinance shall be distributed to Weld County.
III. Effective Date. The effective date of this Ordinance and the date upon wh ch the
imposition of the sales and use taxes referred to herein begins shall be Jan!Jary 1,
2001.
IV. Necessity for Election. The sales and use taxes imposed hereunder shall not
become effective until and unless a majority of the registered electors voting
thereon, pursuant to Sections 29-2-103O) and 29-2-104(5), C.R.S.
A. Ballot Titles/Questions. The Ballot Titles/Questions on the county-wide
sales and use tax Ordinance that shall be referred to the registered electors
of Weld County at the general election to be held on Tuesday, the 7th day
of November, 2000, shall be, in substantially the following form, with only
such changes as may be determined by the Board of County
Commissioners:
"SHALL WELD COUNTY TAXES BE INCREASED $3.5 MILLION
ANNUALLY,AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED
ANNUALLY THEREAFTER, BY A COUNTY-WIDE SALES AND USE TAX
OF ONE QUARTER OF ONE PERCENT (1 CENT ON A $4 PURCHASE)
EFFECTIVE JANUARY 1, 2001, AND AUTOMATICALLY EXPIRING
AFTER 10 YEARS, WITH THE REVENUES PLEDGED TO THE WELD
COUNTY LAND PRESERVATION FUND, IN ORDER TO PROTECT AND
PRESERVE WELD COUNTY'S AGRICULTURAL HERITAGE THROUGH
THE PRESERVATION OF AGRICULTURAL LANDS, THE PROTECTION
OF WATERSHEDS AND RIVER CORRIDORS, AND THE PROTECTION
OF WILDLIFE HABITAT, AND THE REPAYMENT OF ANY BONDED
INDEBTEDNESS ISSUED FOR SUCH PURPOSES, ALL IN
ACCORDANCE WITH WELD COUNTY ORDINANCE NO. 218, WITH NO
MORE THAN FOUR PERCENT (4%) OF THE EXPENDITURES USED
FOR ADMINISTRATION AND ALL EXPENDITURES BASED ON
RECOMMENDATIONS OF A CITIZENS' ADVISORY COMMITTEE AND
SUBJECT TO ANNUAL INDEPENDENT AUDIT, AND SHALL THE
PROCEEDS AND INVESTMENT INCOME THEREON CONSTITUTE
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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 E3Y THE
COUNTY?"
YES
NO
B. Cost of Election. The entire cost of the election shall be paid frcm the
general fund of Weld County.
C. Notice by Publication. The Weld County Clerk and Recorder shall publish
the text of this sales and use tax Ordinance four separate times, a week
apart, in the official newspaper of Weld County and each municipality within
this County.
D. Election Officer. The Weld County Clerk and Recorder, as election officer,
shall undertake all measures necessary to comply with the election
provisions set forth in Colorado Constitution, Article X, Section 20(3),
including, but not limited to, the mailing of required election notices and
ballot issue summaries.
E. Conduct of Election. The conduct of the election shall conform so far as is
practicable to the general election laws of the State of Colorado.
V. Creation of the Weld County Land Preservation Fund and Allocation of Revenues.
A separate fund, to be known as the "Weld County Land Preservation Fund" (the
"Fund"), shall be created and 100% of the revenue (gross receipts less collection
and distribution costs)derived from the sales and use tax shall be deposited thereto
to be used solely for the purposes stated herein and as further described below.
VI. Interest from Revenues and Income Generated from Acquired Lands. Interest
generated from the revenues of the sales and use taxes imposed herein shall be
used for the purposes stated herein. Income generated from the use or lease of
preserved lands, natural areas, wildlife habitats, and parks acquired with the sales
and use taxes imposed herein shall be used for the purposes stated herein.
VII. Use of Revenues Distributed to Fund. The revenues shall be used solely for
paying: (i) all or any part of the costs of negotiating for and acquiring interests in,
protecting and improving preserved lands, natural areas, wildlife habitats, and
parks; (ii) up to thirty percent (30%) of the revenue may 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 four percent
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(4%) of the previously stated thirty percent (30%) of the revenue shall be used for
program costs, including, but not limited to, fund distribution, grant writing, and
administration. Specifically,with respect to the revenues attributed to the Fund,the
preserved lands, natural areas, wildlife habitats, and parks upon which the Fund
may be spent shall be designated by the Board of County Commissioners. upon
consideration of the recommendations of the Board described herein, utilizing the
following guidelines:
A. Preserved lands. Preserved lands may include:
1. Lands that will be preserved for agricultural purposes from willing
participants.
2. Lands with significant natural resource, scenic and wildlife habitat
values.
3. Lands that are buffers maintaining community identity.
4. Lands that are to be used for wildlife migration routes.
5. Lands that provide outdoor recreation, environmental educa-ion or
nature observation opportunities near population centers, including
areas that expand or provide buffers to existing parklands.
6. Lands with other important values such as scenic and historic sites
that contribute to Weld County's natural and cultural heritage.
B. Lands highly desirable for preservation. Lands considered to be highly
desirable for preservation using revenue from the Fund share and in
cooperative partnerships with other entities include:
1. Land preserved for agricultural preservation.
2. Riparian lands and access to riparian lands along the Big Thompson
River, Cache La Poudre River, Little Thompson River, St. Vrain
River, and South Platte River.
3. Wildlife habitat and scenic land preservation located in the foothills
and upland grasslands.
4. Buffers to maintain community identity which include agricultural
uses in the area.
5. Wildlife habitat, scenic land preservation and buffers.
6. Lands for wildlife habitat protection and passive recreation at plains
reservoirs.
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C. Other Lands. Other lands upon which the Fund may be spent include those
lands for which the Board of County Commissioners has determined are, or
may in the future be,within the public interest to acquire areas of interest in
order to assure their protection.
D. Expenditure Restrictions. The proceeds of the sales and use taxes
distributed to the Fund shall be expended by Weld County only for the
following purposes:
1. To acquire fee title interest in real property in Weld County for land
preservation, natural area, wildlife habitat, park and trail purposes.
2. To acquire less than fee interests in real property such as
easements(including conservation and agricultural),leases,options,
future interest,covenants,development rights,subsurface rights and
contractual rights, either on an exclusive or nonexclusive basis, for
land preservation, natural area, wildlife habitat, park and trail
purposes.
3. To acquire water rights and water storage rights for use in
connection with the aforementioned purposes.
4. 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 land preservation,
natural area, wildlife habitat, and parks in Weld County.
5. To improve and protect preserved lands, natural areas, wildlife
habitat, and parks.
6. To manage, patrol and maintain preserved lands, natural areas,
wildlife habitat, and parks.
7. To pay for related collection, distribution and construction costs
subject to limitations stated herein.
8. To pay for repayment of bonded indebtedness authorized by the
Board of County Commissioners and issued by Weld County for the
purposes set forth herein, including interest.
The property interests so acquired shall be held by Weld County,the
Weld Land Trust, or some other similar land trust, to be held
according to the terms and restrictions contained in this Ordinance.
E. Fund Advisory Board. A voluntary county-wide Advisory Board snail be
established and appointed by the Board of County Commissioners to make
recommendations to the Board of County Commissioners regarding
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expenditures from the Fund and transfers or encumbrances of lands
acquired through such expenditures. The Fund Advisory Board shall:
1. Oversee the administration and operations of the program and make
recommendations to the Board of County Commissioners regarding
the same.
2. Develop guidelines concerning the program administration and
operations for approval by the Board of County Commissioners,
giving priority to conservation easements.
3. Develop guidelines providing authority to Weld County to use the
Fund for joint projects which are leveraged with other available
funds.
4. The Fund Advisory Board shall consist of nine (9) members who
shall be appointed by the Board of County Commissioners, including
two (2) at-large members and seven (7) members residing during
their terms in seven (7) geographic districts of Weld County. The
seven (7) geographic districts shall be as follows:
a. District 1 shall include the area within the following
boundaries:the eastern county line;the northern county line;
Colorado State Highway 14; U.S. Highway 85; and U.S.
Highway 34 bypass, excluding the City of Greeley.
b. District 2 shall include the area within the following
boundaries:the western county line;Colorado State Highway
14; U.S. Highway 85; and U.S. Highway 34 bypass,
excluding the City of Greeley.
c. District 3 shall include the area within the foliowing
boundaries: the western county line; U.S. Highway 34; U.S.
Highway 85; Colorado State Highway 66, excluding the City
of Greeley.
d. District 4 shall include the area within the foliowing
boundaries:the western county line;Colorado State Highway
66; U.S. Highway 85; and the southern county line.
e. District 5 shall include the area within the fol owing
boundaries: the eastern county line; U.S. Highway 34; U.S.
Highway 85; the southern county line, excluding the City of
Greeley.
f. District 6 shall include the area within the following
boundaries: the City of Greeley east of 35th Avenue.
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g. District 7 shall include the area within the following
boundaries: the City of Greeley west of 35th Avenue
5. The term of office of each Fund Advisory Board member shall be 4
years. Terms shall be staggered initially so that three (3) members
shall be appointed to a two(2)year term,three(3)members shall be
appointed to a three (3) year term (with one being an at-large
member), and three (3) members being appointed to a four (4) year
term (with one being an at-large member).
F. Restriction on Transfer or Encumbrance of Acquired Lands. No land
acquired through the revenues provided by the sales and use taxes imposed
herein 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, nor may
any encumbrance be placed thereon until approval of such action by the
appropriate elected board or council, or trust. Prior to such action, the
proposed action shall be reviewed by the Fund Advisory Board, and a
recommendation shall be forwarded to the appropriate elected beard or
council, or trust. Notice of such proposed action shall be delivered to the
Board of County Commissioners and the Fund Advisory Board at least 30
days in advance of the meeting of such elected board or council, or of the
board of directors of the trust, wherein the action is considered The
following requirements shall apply: (i) if any real property or interest therein
acquired by use of proceeds of said sales and use taxes imposed herein
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 so forth
herein for the original proceeds of said sales and use taxes including
restrictions set forth in this section; and (ii) if any real property or interest
therein acquired by use of proceeds of said sales and use taxes imposed
herein shall ever be converted to purposes other than land presentation,
natural area, wildlife habitat, park purposes, the County or trust shall pay
into the Fund, from any legally available County or trust moneys other than
said sales and use taxes, the then estimated value of such property, as
determined by an appraisal. All acquisitions shall be carried out with good
faith negotiations with willing sellers. No entity receiving the sales and use
tax revenues generated herein shall use such funds to make any acquisition
authorized herein through eminent domain.
VIII. Pledge for Capital Improvements. Pursuant to Article 2 of Title 29, C.R.S., Weld
County is authorized to create a special fund to be known as the "Sales and Use
Tax Capital Improvement Fund," for the deposit of all or any part of the sales and
use tax revenue (or both, as determined by the Board of County Commissioners)
to be used solely to provide capital improvements.
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BE IT FURTHER ORDAINED by the Board that it shall, by separate ordinance, adopt such
uniform rules and regulations, and, by resolution,enter into and execute on behalf of Weld County
any agreements necessary for the administration and enforcement of this Ordinance.
BE IT FURTHER ORDAINED by the Board that for the purposes of Colorado Constitution
Article X, Section 20, the receipt and expenditure of revenue of this sales and use tax and
investment income thereon, shall be accounted for, budgeted and appropriated separately from
other revenues and expenditures of Weld County and outside of the fiscal year spending of the
County as calculated under Article X, Section 20, and nothing in Article X, Section 20, shall limit
the receipt and expenditure in each fiscal year of the full amount of such revenues, nor shall receipt
and expenditure of such revenues affect the receipt or expenditure of any and all other revenues
of Weld County for any fiscal year.
BE IT FURTHER ORDAINED by the Board that the Board is authorized to issue revenue
bonds, pursuant to the provisions of Section 29-2-112, C.R.S.,to be paid solely from the Sales and
Use Tax Capital Improvement Fund referred to in Section IX, above. The issuance of such bonds
shall not require further election and shall not be subject to the requirements of Colorado
Constitution Article X, Section 20.
BE IT FURTHER ORDAINED by the Board that if any section, subsection, paragraph,
sentence, clause, or phrase of this Ordinance is for any reason held or decided to be
unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The
Board of County Commissioners hereby declares that it would have enacted this Ordinance in each
and every section, subsection, paragraph, sentence, clause,and phrase thereof irrespective of the
fact that any one or more sections, subsections, paragraphs, sentences, clauses,or phrases might
be declared to be unconstitutional or invalid.
BE IT FURTHER ORDAINED by the Board that the sales and use taxes imposed nerein
shall expire at midnight on December 31, 2020 ZQ , and all moneys remaining in the Fund shall
continue to be expended for the purposes set forth herein until completely exhausted.
2000-2055
ORD218
RE: ORDINANCE NO. 218
PAGE 14
The above and foregoing Ordinance Number 218 was,on motion duly made and seconded,
adopted by the following vote on the 11th day of September, A. D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ---
Barbara J. Kirkmeyer, Chair
Weld County Clerk to the Board
M. J. Geile, Pro-Tern
BY:
Deputy Clerk to the Board — ---
George E. Baxter
APPROVED AS TO FORM:
Dale K. Hall
County Attorney
Glenn Vaad
First Reading: August 14, 2000
Publication: August 17, 2000
Second Reading: August 28, 2000
Publication: August 31, 2000
Final Reading: September 11, 2000
Publication: September 14, 2000
Effective: January 1, 2001, if approved by majority vote of the registered electors of
Weld County at the General Election November 7, 2000.
2000-2055
ORD218
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