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Home My WebLink About20002480.tiff NOTICE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 218 was introduced on first reading on August 14, 2000, and a public hearing and second reading was held on August 28, 2000. A public hearing and final reading was completed on September 11, with no change being made to the text of said Ordinance, and on motion duly made and seconded, was adopted. Effective date of said Ordinance is listed below. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to charding©co.weld.co.us. ORDINANCE NO. 218 ORDINANCE TITLE: IN THE MATTER OF APPROVING AND IMPLEMENTING THE WELD COUNTY LAND PRESERVATION SALES AND USE TAX PROGRAM EFFECTIVE DATE: January 1, 2001 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: September 11, 2000 PUBLISHED: September 14, 2000, in the South Weld Sun 2000-2480 STATE OF COLORADO) ) s.s. COUNTY OF WELD ) Ruth Petton-Roby, as manager of Pelton Publishing Company LLC, being duly sworn, slates that it is publisher of the South Weld Sun, a weekly newspaper published in Keenesburg in said County and State; that said newspaper has a general circulation in said County and has I: been continuously and uninterruptedly published therein, during a period of at least fifty-two consecutive weeks prior to the first publication of the annexed notice; that said newspaper is a newspaper within the meaning of the act of the I' General Assembly of the State of Colorado,entitled"An Act to regulate the printing of legal notices and advertisements," and amendments thereto; that the notice of which the annexed is a printed copy taken from said newspaper, was published in said : newspaper, and in the regular and entire issue of every number thereof, once a week for / successive weeks; that said I notice was so published in said I newspaper proper and no in any supplement thereof, and that the first publication of aid notic as r id I' was on the //day of ✓ I 2000 and the last on ay of ryl ,2000.- ) PELTON PUBLISHING COMPANY LLC By: igisizic h P t�l_ u� ----- Rut Pelton-Roby`, Manager Subscribed and orn t efore me this S day of 2_-- f 00. & of u my mmission expires:O/071-07' 1 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 to 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 WHEREAS, pursuant to Section 29-2-103. C.R.S., Weld County has the authority to 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 providing 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 of 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(I)(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), C.R.S., excepting from the definition of"farm equipment" parts used in the repair or maintenance of farm equipment, all shipping pallets or aids paid for by a farm operation, and aircraft designed or adapted to undertake agricultural operations; and the exemption for sales of low-emitting motor vehicles, power sources, or parts used for converting such power sources, as specified in Section 39-26-114(22), C.R.S. 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. 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 Title 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 for 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 may 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 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%) limitation 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 limitation 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 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. 5. Storage, use, or consumption of tangible personal property 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 home 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 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 provided 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 may 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 Ordinance 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 which the imposition of the sales and use taxes referred to herein begins shall be January 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 29-2-103(1) 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 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 B. Cost of Election. The entire cost of the election shall be paid from 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 (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 education 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. 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 shall be established and appointed by the Board of County Commissioners to make recommendations to the Board of County Commissioners regarding 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 northern county line; south along the western county line to Colorado State Highway 14; east along Colorado State Highway 14 to U.S. Highway 85; south along U.S. Highway 85 to U.S. Highway 34; east along U.S. Highway 34 to eastem county line; north along eastern county line to the northern county line, 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 following 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 following 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 following 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. 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 board 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 preservation, 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. 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 herein shall expire at midnight on December 31, 2010, and all moneys remaining in the Fund shall continue to be expended for the purposes set forth herein until completely exhausted.0 NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 218, published above, was introduced on first reading on August 14, 2000, and a public hearing and second reading was held on August 28, 2000, with changes being made as listed below. A public hearing and third reading is scheduled to be held in the Chambers of the Board, First Floor Hearing Room, 915 10th Street, Greeley, Colorado 80631 on September 11, 2000. All persons in any manner interested in the next reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's Office at phone (970) 356-4000, Extension 4226, or fax (970) 352-0242, prior to the day of the hearing if, as a result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to charding@co.weld.co.us. ORDINANCE NO. 218 ORDINANCE TITLE: IN THE MATTER OF APPROVING AND IMPLEMENTING THE WELD COUNTY LAND PRESERVATION SALES AND USE TAX PROGRAM DATE OF NEXT READING: September 11, 2000, at 9:00 a.m. EFFECTIVE: January 1, 2001, if approved by majority vote of the registered electors of Weld County at the General Election November 7, 2000. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: August 28, 2000 PUBLISHED: August 31, 2000, in the South Weld Sun STATE OF COLORADO) th"` ) s ;i , s. � , COUNTY OF WELD ) Ruth Pelton-Roby, as manager of Pelton l Publishing Company. LLC, being duly sworn, states that it is publisher of the South Weld Sun, a weekly newspaper published in Keenesburg in said County and State; that said newspaper has a P , general circulation In said County and has R been continuously and uninterruptedly 4 published therein, during a period of at ' least fifty-two consecutive weeks prior to ,.! the first publication of the annexed notice; ) that said newspaper is a newspaper ; . within the meaning of the act of the ₹, ' General Assembly of the State of Colorado, entitled An Act to regulate the `'• printing of legal notices and 'i!' . advertisements," and amendments ,, ,, thereto; that the notice of which the =il q '' ' • annexed is a printed copy taken from said ' :V newspaper, was published in said newspaper, and in the regular and entire ' issue of every number thereof, once a s Id E; • week for / successive weeks; that said ( ,) - notice was so published in said y'}; newspaper proper and no in any supplement thereof, and that the first ' i publication of said noti as afor aid, . „3 was on the day of ,..` 2000 and last on f1�eU_ day of I , ,2000. ,i i ').i PELTON PUBLISHING COMPANY LLC Sri . . By: fiLM ( ( -----_._.. flu elton-Roby, Manager Su scribed ands rn to before me this 4iil/ day of my Vsibn expires:t/-Al-el I '" " ih I 5 ill V Ef ,fit i.•; ( : (V l S Erik h .7 $ C S,:• r South Weld Sun page 16 Augu;t 31,2000 ORDINANCE NO.218 property at retail or the places by one person,a Properly enters into the and unless a maorit oftoe NOW,THEREFORE,BER I Y from Acquires Lands pad end furnishing was presdthe secs of licence for shall be anotessmgd or roompemet registered pursuant to Interest the not wiLllife habitat, IN THE MATTER OF ORnty Commissioners Ythe Boas of subj edto previously place of business shellhe aningreaientorcomponeM (hereon, pursuant to es of the sales and +a.purposes. APPROVING AND County Commissioners tax adea to a sales or use Each license Pen of the Product o Sections 29-2-103(1)and use taxes ion ed herein IMPLEMENTING THE the County of Weld,State tax lawfully imposed on the requiredservice which is Ws - oacquire less than lee of CCloratlo,that for the shall be numbered and 29-2-104(51,C.R.S. Shall be used for the WELD COUNTY LANDpurchaser or user by manufactured, tt.esls in real property PRESERVATION SALES Wq/ose of preserving, another statutory or home shall show the name, purposes staled herein s,„h oe easements Ieclin residence, place and compounded or furnished d A.Ballot TilleaOnestions. AROUSE TAX PROGRAM pro g,and/or providing rule county equal to or in n and the container.label,or The Ballot Titles/Ouealions Income generated the ('nr'u0ingtonservalionend a lands, natural thread of a business of genera e preserve excess s that sought to by the licensee and shall be the furnished shippingraae on the county-wide sales use or lease of preservetl age culturall, leases, BE IT ORDAINED BY THE areas,wildlife habitats,and imposed hereunder by a thereof. teas opt ens. future interest, BOARD OF COUNTY Parks,the following sales Weld County. A credit posted in conspicuous and use lax fsrred tercet lands, natural a cox than., development end use lax requirements shall he eraed place m Ina Plate of shall be refe.d l0 the wildlife"b.f.'and Pads n tls, subsunace COMMISSIONERS OF °r anted business for which it is 6. Sterne, use, or registered electors d Weld acquired with the sales and g rights THE COUNTY OF WELD, shall apply and. the sales tax imposed consumption of en ends c contractual rights, hereuntletb Wald Coin issued.No license shanhe Y County at the held ten ass taxes fused for herein either on an exclusive or STATE OF COLORADO) by ty of tangible personal election re be shall be used the I.Nee hereby not$alas Ta,. with respect to such transferable. Any licensenonexclusive basis. for There is impasse a Uensatlbn equal in amount may be revoked for cause property,me seN or we of Tuesday,the 71h day of purposes stated herein land preservation,nelurel WHEREAS,the Bnerd of idetl in Setion 39- which has 4reedy been November,2000,shell he, GOanty Commissioners of coouhnty-wsaeaneQuarlerd to the IaMuly imposed seprov Subjected to a legally in substantially the VII. Use of Revenues •rte.,wildlife hebibl,perk ne peroent(0.25%)sales low, Nabs or use tee 26-103,C.R.S.,and any and trail purposes. the elan de.Weld,State amendment thereto imposed sales or use tax of following form,with only Distributed to Fund. The Won all sob of tang.. previae s me of Colorado.pursued to „ix., pa enacted before the another StaWpry Or hone such changes as may be revenues shall be used Colorado statute and are pens.&property 1 retail purchaser a use to the bile county equal to or in determined by 8w Board of solely for paying:(Ilea a 3. ro acquire water rights Weld County Home Rub or weld ic previous lip Theaor home effective date of this water sor hes for in Weld County, as le county.The amount d is tnOOnce which provision excess of that imposed by County Commissioners: use any pen d the caste of in connection with the Charter,is matedBated with theIs finance Need herein by Weld Ceunry.Aueatahell a negotiating for and provided in n the credit shell not mated he t the cea 'SHALL WELD COUNTY acquiring interests in, a(onamanlgned Puryoses. eumweY of Weld Section 29-2-105(1)(d), the sales tax imposed reference.Relic. shell granted against g the affairs of Weld County, C.R.S.,eMGiwlMdhyn and hereunderby .WalOCaunty. be required for any person tax posed by Weld e TAXES BE INCREASED protecting and naturalincorporatedexclusively ionos al expenditure of business or selling Personb storage•as..or AND BY WHATEVER areas,wildlife habitats,and joi Protects WHEREAS, mere is in WaldCoerated Patrons of 6. Such sales tax will not mollies anon are consumption in weldbetween unties, Weld county,subject to the 1 to the sale of food ADDRAISE ANNUALLY Perks; (ii) W to o n e recreation Weld County, citizen sureexempt from taxation under County.Mrgnolepersanal ARE RAISED ANNUALLY Pacers (30%) f the _municipalities, following terms and purchased with food districts,other support to protect and this Ordinance.The vendor prgwrrY Purchased in THEREAFTER, BY A revenued...yes,.OeBelaside government preserve Weld Count's taaitionn: stamps. For Purposes d (retailer)Yell be entitled another stet...or name loPeused prying entities.trusts,foundations this section. COUNTY-WIDE SALES agricultural heritage Subject meaning ea as ceding agent to thecedits allbe equals AND QUARTER E OF ONE%me shall bloat nestsany oofmahxg- entor iceher Pt.*. %r land or l A TransactionsTexto have the the credit shall he equalterm cots of„retina, agricultural lands, 7oar eerie ed..,and in apes RCENTOF ONE open nB� agricultural lands, the Selo Ton. provided in ) U.S.C. oar ekrte amrounl in the tax by the maintaining, and Prelifehao.nsurY arks agnicuparson PERCENT(1CHASE) dnteai watersheds and river section ecmn exists )seauch the same manner as by reason of the imposition $4 PURCHASE) administering such wildlife habitat,and perks corridors, and wildlife t. The tans itit.prm sereonel exist on October authorized in Section 39- et e sales or use tax d the EFFECTIVE JANUARY 1, interests and in Weld County. habitat,erns property hereunderehellIs 1,1987,a is thereafter 23-105,C.R.S.,and any other etaluteryorhane note 2 0 0 1 A N 0 improvemenls;end(iii)not the acme se the tangible amended_ amendment thereto oc spy on me Ixarhw or AUTOMATICALLY more than four pintail 6.t o improve ors prder:l WHEREAS, idle or ne perep.al P/opedY end 7. Such sales fox will not enacted Delweaaflx the use ofthe property. The EXPIRING AFTER 10 (4%) s the previously Prearrved Isnda, natural County-wide fending era,.�YyM pie uenl a to the sale d food ��ive sere d this around or Sr credit shall YEARS, WITH THE stated 0580 Fantail(30%) sea wildlife habitat.and Bounce wrten6y exels to to Section 39-28-104, apply proposal hen the total REVENUESPLEDGEDTO of the revenue shell be Perks. pay Mrwtlt presarvaion, purchased with fullsby this proposal taxand C.R.S.,rnonsutbthe same detl ere el the Ca due by....or to Mthis prcpoea,. THE WELD COUNTY used for program costs nr 't mange,patrol lands, and- exemptions as those P 1lemenomvou spau the County. No to the LAND PRESERVATION including.di bu distribution, b to,ant maintain areas, preserved lends, Bugg Ps not shell be entitled to the or FUND, IN ORDER TO fund dIslrladmini grad natural wildlife s14,COS, in 39-ng. for women, D C S end o Stloo use WHEREAS,the intend d 114, C.R.5., not by was children 42 U.S.C.Section that the e ndwr is or rsonal on s tengible PROTECT AND writing,and administration habitat and peke. this Ordinance to epecraoe y end not by way 1786 For purposes of this that tte vendor is or personal Progeny and PRESERVE WELD Specficelly,with respect to establish a County-wide remains tlelingneM C O U N T V S the revenues ellnbsed to 7. To pay for relaled s limiation,me exemption section'food'shall have heusehdo ellecle aqu my low Funtl,me lotion;dsmDNian and.. sales and use tax in''-te eel,.of foal Ise the the same s M4kb of Web County AGRICULTURAL P'°a°rYetl accordance with me forms meaning a E. Application of Section HERITAGE THROUGH lands, natural areas, wnsirutiorl msasubjea term'food'is-dee,r02(4 inand bbrought into it by a sot forth in this Ortlkwnce provided i 42 U.S.C. 29-2-108, C.R.S. The dent THE PRESERVATION OF wildlife habitats,and parks -to IirMlalbns stated haaln Section 3eeasnp02(4.5). Section 1766 as such non-resident acquiring for the purpose ot Paying C.R.S.),as exempted horn seven Pon Bel (7%) residency. AGRICULTURAL LANDS, use which the Fund be for protediw nechakama the Colorado stale settee section exists on Odoben limitation on emPuM of THE PROTECTION OF be spent shall be 8.la pay for.... Of and/or the acquisition, laxpussuent to Section 39- 1,1987,o is thereafter sales tax provided for in 8. Storage or use of a WATERSHEDS AND designated by the Board of bonded indebtedness improvement, and 26-114(1)(e)(XX); the amended. r Section 25-2-108,C.R.S., motor vehicle if theowren RIVER CORRIDORS,AND County Commissioners, authorized by the Board of maintenance of preserved exemption for vending shall be exceeded in the is or was,at the time of THE PROTECTION OF Won consideration d the Ceu.Ny Comrrtese ensand agricultural lands, nrech,ne sase of food as B.Determination ofmunicipalities of the City of purchase,a non-resident of WILDLIFE HABITAT,AND recommendation's d the issued by Weld County for watersheds and river err Which Sales Fort LWeld County and he THE REPAYMENT OF Board described herein, the purposes sal forth aeacnbedin Sedim39-the Upton,the roan d corridors, and wildlife 114(7.5), C.R.S., the Consummated. For the Hudson,and the Town dutilizing the following herein,including merest. hebitMaone^,villi Ilef Wrpceesofthis Ordinance, tochbuie,Colorado, purchased the vehicle ANY V BONDED guidelines. The property Interests so ex/ailing se exemption faand me es d upon dabs of Weld County for INDEBTEDNESS ISSUED basis only,and all retail sales shall be the approval d the cabs acquired shell be held by Y machinery and madnine co . and actually Weld County FOR SUCH PURPOSES, neidered co wmmsed lax imposed In A. Preserved lands. Weld County,the Weld tools specified in Salim W and substantial end pit fore ALL IN ACCORDANCE WHEREAS,Weld Countat the Plead business of such evert,such sets taxPreserved lands may Land Trust,a some other Y 39-26-114(11),C.R.S.;the rpose and primary WITH WELD COUNTY wishes to coordinate the retailer, unless the limitation shall bedudo- similar land trust lobe held exemption for earn and purpose for which it was ORDINANCE NaN0. 218, s implementation s pons tangible personal property exceeded by one-quarters accrrtlinp to the terms and imps purchases d nose items ecquiradantloe registered. WITH NO MORE THAN nvolvingloelxotof old listed y Section x-26 sold is delivered by the one percent(0.25%). tilled,and licensed said FOUR PERCENT(4%)OF 1. Lands that will be reel...let kited in preservation of weld 114(1)(a)(XX I); the retailer or his agent toe motor vehicle outside of THE EXPENDITURES preserved for agricultural this Ordinanw. ties ination outside the E. •=aha Advisory Board County's agricultural anphyg for...poi 11. Imposition of Use Tax. Weld County. U S E 0 F O R purposes from willing heritage through the e.g.° by a creepy limits d Weld County erlo There is hereby imposed a ADMINISTRATION AND participants. lands,slim of egnounuref apapabpn'26'11(tlp a common earner for county-woeon 25%) 9. Storage, use or ALL EXPENDITURES A voluntary county-wide lands,wserYndaanddver sepia,' 3a-2S- less for tlelive to a tlestinelion one percent(0.25%)use consumption of any BASED 0 N 2. Lands wind s, scenic nt esterAO,spry Board slwll be corridors, and wildlife b den." fox in accordance with the conaWction and buildi natural resource, scenic raolished and appointed C.R.S.;8e aasmplion outside the omits of Weld nB by the Board of habitat,and sales and padres of County.The gross receipts provisions of Atiele 2,Title materials and motor and RE COMMENDATIONS OF and wildlife habitat values Y County faro equipment or farm from such sales shell 26 C.R.S.,for the privilege other vehlcse on which A CITIZENS'ADVISORY Commissioners to make of using COMMITTEE AND 3. Lands that are buffers etommendations to 8e WH coordinate Weld County equipment under bsee or Inclnde delivery charges 9 or consumin in ttynon^required n a SUBJECT TO ANNUAL maintaining community e y Boars of Count will with contra...1.M 8hr when sutlh chapes re Weld County any ton contract for the INDEPENDENT AUDIT, identity. t n Y Commissioners regarding theirunities regarding Colorado state sales tez, subbed to the Colorado construction and building purchase thereof was AND SHALL THE expendilureshom Oe Fund goals with reaped to pursuant to Section 39-26 state sales and use tax materials purchased at entered into prior to the such preservation,and 114(20),C.R.S.,excepting imposed by Artite 28 of Mall and for An.pnvi,sge effective agile s this use PROCEEDS AND 4 Lands that are to be anti transfers o/ from the definition s'farm Title 39,C.R.S.,regardless of storing, using, Or tax proposal. INVESTMENT INCOME rout for wildlife migration acq;red the d lends WHEREAS,8w intent d equipment pals used in s the law to which naming in Wald County THEREON CONSTITUTE routes. acquired through such p motor and other 10. Slone VOTER-APPROVED expenditures. The Fund this Ordinance is l0 8w repair a rrneii rut.all delivery is coeds. In the any Storage, use, on supplement existing s term equipment, all evemt a retailer has no vehicles, purchased at consumption of any BEVE COLLECTED AND 5. Lands that provide Advisory Board shalt funding sources if any,for shipping pallets or aidsplace of retail on which registration construction and building BE AND outdoor recreation, n permanent SPENT BY THE COUNTY environmental educetionor 1. Over see the such pureosett.d paid for by a farm „ea..ward Courtly, is required, effective materials required on coeds WITHOUT REGARD TO atlmini slratien and operation, and aircraft or has more than one dace throughout the necessary 'in the nature observation WHEREAS,it is the intent d or adapted to of business roe olacaor incorporated and performance of any REVENUE V EXPENDITURE, opportunities near oPeralbnsofton program of this Ordinance that the undertake agricultural plaws at WI'.the retail W eldCoorered Portons a or contract bid, RAISING,OR population centers, a n O m a k e venuesgereraladhereby operations; and the Weld CourtOTHER LIMITATION ineadi Mss recommendations to the tea be used tofor for selseoflow- bare consummated roc y,arms to not let orenleretliMo airtime ngaeea xpao maypayexemption the of says tax following terms and prior to the efledive poseor d CONTAINED WITHIN or provide buffers to Board of County principal and'Merest on emitting motor vehicles, purpose a a ARTICLE%,SECTION 20 existing parklands Commissioners regarding imposed this nedinarroe coeldilions: the use tax imposed I by OF THE COLORADO the same. 1 indirect district year direct power sources.Cr parts shall he determined M id by Ma hereunder. CONSTITUTION, AND 6.oh Indirect district debt a used for converting such provisions of Article 26 of A Exemptions fran the WITHOUT LIMITING IN important larva with other 2 bevel ldelines other financial obligsii power sources, as Tab 39,C.R.S.,and by Use Tax. 11. The use fox imposed yp(y.YEAR THE AMOUNT O08sti values such as corer dew whatsoever;seta tens is specified in rules and regulations hereunder shall be OF OTHER REVENUES ethnic and historic sires administration arnd used pursuant to the Section 39-26-114(221 promulgated by the 1. Storage, use, or vehicle to every motor THAT MAY BE mat Coucd,nty's rat to e mad lions for 1 requirementsof Article X, C.R.S. Depanment of Reve.e. consumption vehicle for which County's natural and opal approve by COLLECTED AND SPENT the Board of County The amount subject to the of any regiarwion is'aqua ate by BY THE COUNT/7 cultural hedtepe. Commissioners, Section 20 of the Colorado 2 Such sales tax shall not sales tax imposed tangible the laws of the Stated giving Constitution,and apply to pesticidesolor are hereunder shall of include personal Colorado, and no YES 8. Lands highly desirableLndo easements P.m itY to conservali0n registered by the Colorado any Coloredoelse sales or properly nthe registration shall be made for preservation. Lands WHEREAS,agriculture's Commissioner of use tax imposed by Article sale d which of any motor a other NO considered to be highly 3. Develop guitlelines to cultural Agriculture for use in the 26 of Title 39,C.R.S. vehicle for which desirable for preservation .din than f Weld r0 Weld County's neural prediction of apr104005 is subject toe ceratioahe requires,antl using reanue horn the prow gau authority o ge, products, C Collection,e t 1 t o n retail sales no B. Cost of Election. The I. County is use the Furth for heritage, therefore and livestock tax be certificate s such o Mole entire cost of the election Fund share and pint protects wwhich are preservation of lands for pursuant to the provisions Administration, and by imposed y issued fa vehicle shall be paid horn the cooperative partnerships leveraged with other a willing urel Purposes from of the 'Pesticide Ace Enforcement. The sales Countyby the its s general fund of Weld with other entities include available funds. willing participants is Article 9 of Title 35,C.R.S., tax imposed hereunder Revenue or its authorized county desirable,and and offered for sale by shall be collected, 2 sn000 use o! agents until any tax due - 1. Land preserved for 4 The Fund Advisory dealers licensed to sell administered and enforced consumption of upon the use,storage,or C. Notice by Publication. 09 00 urel Preservation. Boar d shall consist s nine WHEREAS, pursuant to such pesticides,pursuant b the Executive Directory an.; consumption thereof Toe Wald CountyClank Y tangible personal property (91 members who shall he Section 29-2-1D CR.S., to Section tendrt 15, the Colorado Departmentpursuant to this Ordinance hit Recorder°hell disc 2. Riparian lands and Weld Count has the purchased for resale m Pu acce _ eppuiMed by the Bond of Y CR.S.,no euolnendirgrhe 4 Revenue (•Executive Weld County either in its has been paid' the text of this sales end se to Minna^lends County Commissioners, authority to levy a county removal of soot pesticides Dirnlor) it the sera. original form or asuse tax Ordinance four along the Big Thompson including two(2)at-large use tax for the consuming in from the Colorado state manner as the collection, I n 9 r e d i 5 01 01 an B.. C 0 1 I e c t i o n, warela times a,.week River,Cache La Poudre members and seen(7) using or consuming in the woes tax bass pursuant to administration and manufactured Administration, and apart, in the official River, Lilly Thanes. ...beta reeidmpv during County arty construction House Bill 9t regal, enforcement of the compounded noa..t on Enforcement. Except ea newspaper s Weld County Riven,Sl.Vrain River,and ' 11wir berms in seven(71 and building materials enacted ej the the regular Colorado state sales tax. the regular course of a provided by Sections 39- and each municipanty South Platte River. geo<:raphic districts of purchased at ter for session or the Sixty- The provisions of Article 26 26-209 and 3926304 the M.I.5 f 1 g, ybusiness. use within this Courtly 3. Wildlife habitat and Weld County The seven age SecondGenera,Asaemd of Title 39 ORS.,and all C.R.S., the tax using,or consuming in the rules and regulations a Stara use on imposed hereunder shell D. Election Officer. The scenic land fOo I ion s7) be fohio districts County any motor end 3 Such sales tax shall not 9e, hall be as follows'. other vehicles,purchased the promulgated thereunder consumption d tangible adcolleted,e bycedold Weld County Cleat and located irthefopthi115 and apply to me le of the Executive Dilpection, personal administered Weld as upland grasslands poparry brought Racer,sosection a f llsiricf 1 shall include atre retail og which cohaeale oa and barn govern—administration, the collection. Into Weld County by a County. The use tax on shell undertake all the area within the registration' required,01 materials,as the term is a I oem ration and nonresident thereof for his construction-and building ...Was necessary to 4. Buffo to r follow boundaries:we both, a provided in used in Seaton 2%2109. enforcement of the sales smell, or materiels shell be collected proofs xiM the eydion community age tle agrtirvicultural ch northern mMnty line south Section 292109.C.R.S., G.R.S.,if such materials tax imposed hereunder. co sump!-o uswhile by the County Building Colorado oyieon es forth In include agrcultual uses in alon<I the western county effective throughout the a picked up by the Distribdion of all sales lea temporarily within the Inspection Department,by C Constitution, the area. line to Colorado Stele incorporated and purchaser and if the collected by the Executive County;however,as this each municipality or, es Article X, Section 20(3), Highway 14; east along Weld County, portions of purchaser of such materials Director,pursuant to this exemption does not apply may be otherxiseprovidea including,but not limited to, 5. Wildlife habits,scenic Colorado Slate Highway Weld County,and presents to the retailer a Ordinance she be to to the storage, use, or by intergovernmental the mailing of required land preservation and 14 it U.S. Highway 85: WHEREAS. Pursuant to building permit on Other Weld County. consumption of tangible agreement,based upon an election notices and ballot buffers. Sous,along U.S.Highway Section 29-2-103.C.R.S., no rho County acnepteble personal property brought estimate of building and ague summkries. to the Counry eviaancng D. Licensing s Vendo s. into this share by a construction materials 6.Lands for wildlffe habitat 85 it U.S. Highway 34; Weld County has the Any person engping in the rronroeldent(o be used in costs submitted by the E. Conduct of Elpion protection and passive ease along U.S.Highway °upon t0 if" theta local use tax has . 34 Ion eastern county line, ty f"a count' been sor is business of selling tangible the conduct of a business owns o contractor at the The conduct d me election recreation at plains sales tax on all sales of been.. required to r r reservoirs none slag eastern county tangible personal property be paid Personal property al retail in this state. time a building permit shall conform so ter as is c - - line ro the northern county or the furnishing of certain application is made. All Practicable to She general at retail or the fumishing of 4. All sales of personalservices as herein 0 Storage, use, or use tax collected on election lees.the Slated C.'Other Lands. Ocher line,excluding the City of se in Weld Count, progeny no which a specified, is required to consumption of tangible construct'.and building Colorado lends upon which the Fund as provided in Section 29- obtain a license therefore, pi a maybe spent include those Greeley. 2-10511)(tl), C.R.S., bean p ownership tea has personal property by the materials pursuant to this lantls for which the Bwrtl effective throngheut the Peal paid or is payable which license co shall be United Steles government Ordinance shall be V. Creation of the Weld of Co CommissionersD l'Iare 2 shall include shall Pe exempt from the granted at no cost and or the Stare of Colorado,or distributed to Weld County. County Land Preservation Countyareor may the area within the Incorporated and sales lax imposed by Weld Issued by an official its institutions, or its All use tax collected on Fund and Allocation of has determined are,or may following boundaries.the corporsed portions of designated by the Boas oforn the future be,within the Weld Count meet when such sales 9 political subdivisions m motor his Ordinance Revenues. A separate was ern tale owe, y,and Count Commissioners, theirpublic Interest to acquire meal both of Ire following Y governmental pursuant to this Ortlinance fund,to he known as the Coloratlo Stele Highway g and shall be in force and t as d interest in order to 9 Y WHEREAS,it is the desire con d i l o n s. (1) the capacities only or by shall be distributed to Weld "Weld County Land ass 141I.S.Highway 85;end purchaser is a non-resident effect for a period of three religious or charitable County. Preservation Fund' (the ire them protection U.S Highway 34 bypass, of Board of Cour_r of or has hisprincipal place years thereafter, unless corporations in the conduct 'Tuna'),shall be created excl.ding me Clry of C00/1 mars to dxpos"' M business outside of evoked. Such of heir regular religious D. Expenditure p0001 ey 100%o5merevenu0 ° egu gious or III. Effective Date. The antl 100%of the revenueGrey mf°ss Weld Count sooner shell be t tl Restrictions.The proceeds receiptsII n Y and(l such gran a chartable functions. effective date of this (gross receipts less of the sales and use taxes Person property s upon application stating the Ordinance and the date collection and distribution hit tier 3 shall include distribution t derv, f don re name end address of the pr distributed to the Fund the tea „minthe registered required to be S. Storage use, upon which the imposition costs) dewed from the fcl< bounder es.the from the A - edoursde the lint= design such cons of the sales and use taxes sales and use tax shall be shall be expanded by Weld ;rg req seer person g consumption of tangible texas in o a separate fu hot of Weld County under the in license,, Inc address of personal property by a referred to here begins deposited thereto to be County only for the west,rn county line,U.S to pay strictly ,°r :'rte Mws of the Slate of such business and person engaged n the shall be January 1,2001 used solely for the following purposes. 05/ray 34,OS.Highway preservation, proiecn;'.n Colorado. Ioalion,and such other business of manufacturing purposes staled herein and 85 Colorado Slate and/or provision facts as the said official or com0oundino for profit IV Necessity for Election. as further described 6000, 1. To acquire fee title Highway 66,excluding the • District 4 shall include administration and respondence mote tha thewithin the enforcement of this a file,please ne following area oundaries the Ordinance. ` ° t n9 chartingboo weld co us.° astern county line, Colorado Slate Highway BE IT FURTHER ORDINANCE NO.218 • U.S.Highway 85,and ORDAINED by the Board the southern county line that for the purposes of ORDINANCE TITLE'_ IN Colorado Constitution THE MATTER OF e. District 5 shall include Article X,Section 20,the APPROVING A N D the area within the receipt and expenditure of IMPLEMENTING THE following boundaries.the revenue of this sales and WELD COUNTY LAND eastern county line,U.S. use tax and investment PRESERVATION SALES Highway ,U.S.Highway me thereon,shall be AND USE TAX PROGRAM 85: he southern my a punted for, budgeted line,excluding the City of and appropriated DATE OF NEXT Greeley separately from other READING:September 11. revenuesand expenditures 2000 at 9'.00 a m. f District 6 shall include of Weld County end the area within the outside of the fiscal year EFFECTIVE: January 1, following boundaries'.the spending of the County as 2001 p approved by City of Greeley,east of calculated under Mice X, majority vote of the 35th Avenue Section 20,and nothing in registered electors of Weld • District 7 shall include Mille X,Section 20,shell County at the General limit the receipt and Election November 7, the within the following boundaries:the experMdure in eeh fiscal 2000 City of Greeted'weal of year of the full amount of Ysuch revenues,not shall 35th Avenue. BOARD OF COUNTY receipt and expenditure of COMMISSIONERS such revenues affect the WELD COUNTY. 5. The term of office of ipt or expenditure of each Fund Advisory Board COLORADO any and all ether revenues member shall be 4 years. of Weld County for any Terms shall be staggered fiscal year. DATED:August 28,2000 initially so that three(3) PUBLISHED:August 31 members shell be BE IT FURTHER 2000.in the South Weld • tact to a ton 2 ORDAINED by the Board Sun teen,three(3)members Mat the Board is authorized shall be appointed to a to issue revenue bonds, flues(3)year term(with pursuant to the provisions One being a tat�a,ge of Section 29-2-112, member), members being appointed C.R.S.,W Salesbe paid solely to a four(4)year term(with from the lm rovan Use being en at-large Fun Capital Improvement meonmber) Fund referredissuance i Section ve.dse hllof F. Restriction on Transfer such l bonds r shall not or Encumbrance of saqurel 40 subject u jectto the Acquired Lands. No land shellrch not be st Ccto the o acquired through the Constitution onlremarts d ticlera X, _ Se Lion 20 Article X. ues provided by the Section 20. sales and use !axes imposed herein may be BE IT FURTHER sold, leased, ceded, or• ORDAINED by the Board .(h rwise conveyed, nor that if any section, mal lanexcvh lilend be subsection, paragraph. permit on �h given,nor may the use of of this Ordicnance e,Is forph any such land be converted to of this is for any purposes other than those reason held or decided to be unconstitutional,such permMet hereby'nor may decision shall not affect the any encumbrance be validity of the remaining placed thereon until portions hereof.The Board approval of such 2otlec by of County Commissioners the appropriate elected hereby declares that it Coats or council bust would have enacted this Prior to such acliOipn,the Ordinance in each and proposed action shall be every section,subsecton, reviewed by the Fund paragraph. sentence, Advisory Board, and a Clause,and phrase thereof recommendation shall be irrespective of the fact that forwarded to the any one orrrmresections, epPr opnele elected board subsections, paragraphs, council.or trust.Notice sentences, clauses. or of such proposed action phrases might be declared shall be delivered to the to be unconstitutional or Board of 'County invalid Commissioners and the Fund Advisory Board at BE IT FURTHER least 30days in advance of ORDAINED by the Board the meelingofsucheleded that the sales and use board or council,or of the taxes imposed herein shall board of directors of the expire at midnight on trust,wherein the action is -December 31,2010,and all considered.The following moneys remaining in the requirements shall apply. Fund shall continue to be (I)n any reel property or expended for the purposes interesltherein acquired bY set forth herein until use of proceeds of said completely exhausted.0 sales and use taxes imposed herein ever be sold, exchanged, transferred or otherwise disposed of, the . considerationfor such sale, . exchange, transfer or NOTICE OF disposition shall be subject SECOND READING OF to the same expenditure ORDINANCE and use restrictions as those so forth herein for the Pursuant to the Weld original proceeds of said County HomeRuleCharter, sales and use taxes Ordinance Number 218. Including restrictions set published above, was forth in this section;and(in) introduced on first reading if any reel properly or on August 14,2000,and a interest therein acquired by public hewing and seconnd ▪ m Proceeds U said ding held sales and use taxes /`�- imposed heroin shall ever August 28, 2000, with be converted to purposes changes being made as other than land listed below. A public preservation,natural area, hearing and third reading is wildlife habitat, park scheduled to be held in the purposes,the County or Fine berS of Hearing Room, wet shall pay imp ems Fund, Iran any Moan, 915 10th Street,Greeley, available Canty or trust Colorado 80631 on moneys other than said September 11,2000 All sales and use taxes,to persons in any ma then estimated value of. 'interested in the nee duch property, as reading of said Ordinance etermined by arorequssted lo attend and appraisal.All a quistions may he heard. Shall be carried out with good faith negotiations with Please contact the Clerk to willing sellers. No entity the Board's Office at phone wing the sales and use (970)356-4000,Extension tax revenues genersted 4226, or f a x herein shall use such funds (970)352-0242,prior to the to make any acquisition day ofthe hearing if,as a authorized tarsi"through result Of a disability,you eminent domain require reanable accommodations in order to VIII. Pledge for Capital participate in this hearing Improvements.Pursuant to Article 2 of Title 29,C.R.S., Any backup material, Weld County it authorized exhibits or information to create a special fund to previously submitted to the be known as the`Sales Board of County and Use Tax Capital Commissioners concerning Improvement Fund,•for to this matter may be deposit of all or any part of examined in the office of the sales and use tax the Clerk to the Board of revenue (or both, aa County Commissioners, determined by the Board of located in the Weld County County Commissioners)to 1 Centennial Center, 915 be used solely to provide 10th Street,Third Floor, capital improvements. Greeley, Colorado between the hours of 8'.0000 BE IT FURTHER am and 5.00 pm ORDAINED by the Board Monday thru Eritlay,or may. that it shall,by separate be accessed through the ordinance, adopt such Weld Co ty We0 Page dorm rules end (www Ie.co us). E- ergulations, and, by Man messages sent to an resolution,enter into and ineividual Commissioner execute on behalf of Weld may not be included in the County any agreements case file. To ensure neces sary for the nhclusion of your E-Mal 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 protecting and preservation of Weld County's agricultural heritage through the preservation of agricultuea; lands, watersheds and river corridors, and wildlife habitat, and WHEREAS, Weld County will coordinate with communities regarding their goals with respect I 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 uses 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 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 to 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 WHEREAS, pursuant to Section 29-2-103. C.R.S., Weld County has the authority to 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 Courts of Weld, State of Colorado, that for the purpose of preserving, protecting, and/or providing 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 of 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 describec 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(I)(a)(XXI); the exemption for occasional sales by a charitab e 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), C.R.S.; and the exemption for sales of low-emitting motor vehicles, power sources. or parts used for converting such power sources, as specified in Section 39-26-114(22), C.R S. 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 Genet al 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 pairs. 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 ecual 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.G. Section 1786 as such section exists on October 1, 1987, or is thereafter amended. 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 s retailer has no permanent place of business in Weld County, or as 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 TiUc 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 the of any Colorado store 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 anc 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 ihe 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 a certain services as herein specified, is required to obtan 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 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 fur each place of business shall be required. Each license shall be numbered and shall snow 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 may 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 a 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 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 collecti Di 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%) limitation on amount of sales tax provided for in Section 29-2-108, C.R.S., shall be exceeded in the municipalities of 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 limitation 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 Dement (0.25%) use tax in accordance with the provisions of Article 2, The 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 Weki County either in its original form or as an ingredient of a manufactured or compounded prcadu,l 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 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 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. 5. Storage, use or consumption of tangible personal property by a person engaged in the business of manufacturing or compounding for a, 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. 6. Storage, use or consumption of any article of tangible personal property the sale or use o' 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 Weld County. A credit shall he granted against the use tax imposed by Weld County with respect to a person's storage, use o: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 or 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 ad 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 Cate 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 authorized agents until any :ax due upon the use, storage, or consumption thereof pursuant to this Ordinance has been paid. B. Collection, Administration, and Enforcement. Except as prov ded 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 wilding materials shall be collected by the County Building Inspection Department, by each municipality or, as may he 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 buildinc. permit application is made. All use tax collected on construction and building materials pursuant to this Ordinance shall be distributed to Weld County. All use tax collected on motor or oiihei, vehicles pursuant to this Ordinance shall be distributed to Weld County. Ill. Effective Date. The effective date of this Ordinance and the date upon which the imposition of the sales and use taxes referred to herein begins shall be Jan.aary 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 29-2-103(1) 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 forms, 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 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 B. Cost of Election. The entire cost of the election shall be paid from the general fund of Welt 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, n 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 aryl 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 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 'horn Acquired Lands. Interest generatec 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 user' for the purposes stated herein. VIII. Use of Revenues Distributed to Fund. The revenues shall be used solely for paying: (i) al 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 o` operating, maintaining, and administering such interests and improvements; and (iii) not more than four percent (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 haaitat 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 education or nature observation opportunities near population centers. including areas that expard or provide buffers to existinu parklands. 6. Lands with other important values such as scenic and historic sites that contribute to Welc 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. 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 an 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 Wed 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 'anti 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 slated 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. interes The property interests so acquired shall be held by Weld County. the Weld Land Trust. or sorn3 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 shall be established and appointed by the Board of County Commissioners to make recommendations to the Board of County Commissioners regarding 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 recommendatons 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, Colorado State Highway 14; U.S. Highway 85; and U.S. Highway 34 bypass, excluding the Cif/ of Greeley. b. District 2 shall include the area within the following boundaries: the western county ine; 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 following 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 following boundaries: the western county line; Colorado State Highway 66; U.S. Highway 85; and the southern county line. a District 5 shall include the area within the following 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. 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 (<s) 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 thJ revenues provided by the sales and use taxes imposed herein may be sold, leased, traded, Cr otherwise conveyed, nor may an exclusive license or permit on such land be given, nor may to 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 boamc 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 board 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 it 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 thereir acquired by use of proceeds of said sales and use taxes imposed herein ever be sold, exchanged, transferred or otherwise disposed of, the considerat on for such sale, excha'tge, 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 fort 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 oe converted to purposes other than lane preservation, natural area, wildlife habitat, park purposes, the County or trust shall pay into the Fund, from any egally 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 sa es air f 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 Count/ s 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 bola as determined by the Board of County Commissioners) to be used solely to provide capital improvements. 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 hereir shall expire at midnight on December :31, 2020, and all moneys remaining in the Fund shall continue to be expended for the purposes set forth herein until completely exhausted. .- NOTICE PURSUANT to the Weld County Home Rule Charter, Ordinance Number 218 published abovr.,, was introduced and, on motion duly made and seconded, approved upon first reading on August 14, 2000. A public hearing and second reading is scheduled to be held in the Chambers of the Board, First Floor Hearing Room, 915 10th Street, Greeley, Colorado 80631 . on August 28, 2000. All persons in any manner interested in the reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's office at phone (970) 356-4000, Extension 4226, or f 3, (970) 352-0242, prior to the day of the hearing if, as the result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, Third Floor, 915 10th Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to charding@co.weld.co.us. SECOND READING: August 28, 2000, at 9:00 a.m. THIRD READING: September 11 , 2000, at 9:00 a.m. EFFECTIVE: January 1, 2001, if approved by majority vote of the registered electors of Weld County at the General Election November 7, 2000. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: August 14, 2000 PUBLISHED: August 17, 2000, in the South Weld Sun Hello