The URL can be used to link to this page

Browse Search

Home My WebLink About20002479.tiff ESTHER Gesick-Additional thoughts against open space P.921 ji From: ERWIN CHARLES STEVEN <Charles.Erwin@Colorado.EDU> To: <bkirkmeyer®co.weld.co.us> Date: 9/10/00 4:40PM Subject: Additional thoughts against open space An additional problem with the proposed tax is the idea of conservation easements. The public GAINS NO ACCESS to the land. Recreational opportunities including trails and parks will NOT INCREASE from this tax. Taxes, however will. Proponents of this tax say it will limit sprawl. This is not true. Easements only prevent growth on that property, increasing regional sprawl by pushing growth further out, decreasing supply of developable land, and increasing the cost of new homes. This leads to a decrease in amount of affordable housing. (My previous e-mail explains this in greater detail, please read it before voting on this measure). Requiring central water and sewer on all new development within the high growth areas of the county is a more effective way of preserving farmland. The county should place a minimum average density of two units per acre. Anyone who wants to develop should be allowed to only if they meet those density requirements. No more acreage lots devouring large tracts of farmland for few homes. Sign inter-governmental agreements with Weld County cities placing this standard on all new development occurring in the county or a municipality. This will preserve farmland WITHOUT and additional tax, and WITHOUT artificially increasing sprawl. Please wait until after November to see how everything pans out before placing this tax before the voters. New home prices, already in orbit, may go even higher if the state growth measure passes. Do we want an additional tax adding to this problem? 2000-2479 From: ERWIN CHARLES STEVEN <Charles.Erwin@Colorado.EDU> To: <gvaad©co.weld.co.us> Date: 9/4/00 9:51 am Subject: no weld open space!!! Many people are not aware that open space produces many unintended consequences.These include rising housing costs,increased regional sprawl,and potential impact to farmer's property values.These costs outweigh the"benifits"of using open space to"control"sprawl. Open space increases the difficulty for people,especially single parent families and the woking poor,to find affordable housing. Conservation easements decrease the supply of developable land,increasing the cost of remaining land.This is the main reason Boulder housing costs more than metro Denver.This shortage further raises housing costs as more land is devloped,which increases demand for, and price of,existing homes. People say open space impacts quality of life. What about the negitive impact when people cannot afford decent housing? Does quality of life increase when people who grew up here cannot afford to stay? Which has greater impact on quality of life: more suburban development,or Boulder-like housing costs forcing people into substandard or inadiquit dwellings? Do you want a Boulder,or an affordable place for people other than the wealthy? DO NOT BOULDERCATE WELD COUNTYI You cannot limit supply without affecting price. Open space forces growth that would have gone there further out, increasing regional sprawl. Learn from Boulder's example. Boulder thought open space buffer zones would limit sprawl. In reality growth jumped Boulder's buffer into surrounding communities increasing regional sprawl. I refer to this as the"Boulder Effect." Due to open space purchases around these towns, and annexation restrictions though inter-governmental agreements thoughout Boulder County"control sprawl," communities further from Boulder like Fredrick, Dacono,and Firestone,are growing much faster than they otherwise would have.Thus,as restrictions and open space increases displacing growth, regional sprawl and leapfrog development skyrockets due to the Boulder Effect.The closer open space is to a town,the more It intensifies regional sprawl. If you like increased regional sprawl,open space is the best way to do it. An open space tax could make communities feel they can afford community separators,giving farmers in the buffer one choice:sell development rights. These farmers will never recieve the same dollar value from the county as from a developer. Even if they keep their development rights,no developer wants undevelopable land in a buffer. If buffer development is permitted, it will be acreage lots. Five acre lots increases sprawl 15-25 times verses densities of 3-5 units per acre, devouring vast amounts of farmland for few homes. Some farmers could also be in an area deemed high priority to protect by the county. This also increases difficulty for developments to be approved,which impacts property rights and land values. Are we thinking about our selfish desire to control growth,or the farmer?Would we take actions negitively affecting our own property values? Do we have a right doing it to someone else? Consider all costs before placing an open space tax on the ballot. This November Election could change the whole playing field with growth and open space. If the growth measure passes, much less land will be"threatened"by development, making the tax needless. Housing prices will sore due to a decrease In supply of developable land, making affordable housing of increasing importance. I urge you to wait until after the election before placing this tax on a ballot. I also hope the county will not endorse the growth measure,which will cause many of the same problems that open space does:decrease in supply of developable land rising the cost of remaining land; Increase in regional sprawl as growth jumps into the next town due to the Boulder Effect, and increased acreage development as services required for higher densities(central water and sewer)are prevented from expanding. Town of Windsor 31:I Walnut Sirer'i •L1'itt.iti.n: c 'oGartdrt H0350 7I ffl 1 i: , . ; - MEMORANDUM TO: Barbara Kirkmeyer, Weld County Commissioner FROM: Cathy Kennedy, Town Clerk O,V.- VIA: Rod Wensing, Town Administrator 7"✓ SUBJECT: Town of Windsor Resolution 2000-53 DATE: July 22, 2000 At Don Sandoval's direction, enclosed please find a copy of Town of Windsor Resolution 2000-53 - Resolution Expressing the Sunoort of the Town of Windsor for the Weld County Land Preservation Program. Cathy M.Kennedy,t:MC Town Clerk Town of Windsor 301 Walnut Street Windsor,CO 8+1550 970-686-7476('Puleplione) 970-686-7180(1 AX) ckennedv@windsor.K22.co.us T H E • . _;_IJ TRUST PUBLIC r: 7: 27 LAND August 8,2000 - • 1111 Ms.Barbara IGrkmeyer Mr. George Baxter c:t„,,,, t,„4 Mr. Glenn Vaud *People Mr.Mike Geile Mr.Dale Hall Weld County Board of Commissioners 915 Tenth Sueet P. O.Box 758 Greeley,CO 80632 Dear Commissioners: As you know,for the past 8 months the Trust for Public Land has been doing extensive work evaluating the feasibility of a land protection ballot measure in Weld County. Our work has included feasibility research,a countywide telephone survey and more than ten public meetings and discussions. The results of our findings lead us to strongly recommend that you place a one- quarter of one percent sales tax increase that sunsets in 10 years to fund land preservation efforts in Weld County on the November 2000 ballot. Our March 2000 survey of likely voters indicated that voters strongly support a one-quarter of one percent sales tax increase to fund protection and preservation of sensitive lands by a 68-27%margin. Our survey showed widespread support across all sub-groups including age,geographic location and party affiliation. Further,more than 28% of voters volunteered that the rural and/or agricultural nature of Weld County is its major asset. When probed,voters state that they want to pay for a program that protects agricultural lands,watersheds and river corridors and wildlife habitat. The ordinance that will be submitted to the county clerk allows Weld County citizens to adopt a program that would be one of the finest in the state. Many hours of work by u devoted citizens committee and the county attorney have resulted in a program that will,if passed, provide Weld County with a powerful tool to preserve its agricultural heritage. The Trust for Public Land would like to thank you for allowing us to be part of this vital effort. We urge you to place this important measure on the ballot and allow Weld County citizens to act to preserve the special way of life that Weld County affords. Sincerely, Th..Trutt kv Publk Land Adam Bichberg Color do Suite Office 1110 G.mu xttnI.1)110 Associate Director Itenvcr.txl x0:0) National Public Finance (I4) )x37.1414 Rug 003114174111 c•mnlh owAN4•sl; Www.l ltl.nfu �r zoo/Zoo's EZ9T# s01aa0 oavxozo0 zda TETT L£8 £0E 9EIDT 000Z.80'ORY TOWN OF WINDSOR RESOLUTION NO. 2000- 53 BEING A RESOLUTION EXPRESSING THE SUPPORT OF THE TOWN OF WINDSOR FOR THE WELD COUNTY LAND PRESERVATION PROGRAM. WHEREAS, the Board of Trustees of the Town of Windsor has been advised that signatures are currently being collected to show support to the Weld County Commissioners to place on the November 2000 ballot the issue of an additional one-quarter cent sales and use tax to be used exclusively for land preservation in Weld County, specifically including agricultural land, natural areas, and wildlife habitat; and WHEREAS, the Board of Trustees has traditionally supported land preservation for the purposes of providing open land between communities and, generally, to enhance the quality of life in the Town of Windsor and the surrounding areas of Weld County; and WHEREAS, the Board of Trustees fmds that the creation of the proposed Weld County Land Preservation Fund, using the proceeds from the taxes proposed, is an appropriate vehicle for the preservation of land; and WHEREAS, the Board of Trustees approves the philosophical direction of the Weld County Land Preservation Program which is to preserve land through the purchase of property or the acquisition of conservation easements through a "willing buyer-willing seller"basis, rather than through eminent domain; and WHEREAS, the Board of Trustees believes that the citizens of Weld County, through a referred measure from the Weld County Commissioners, should be afforded the opportunity to decide whether or not the Weld County Land Preservation Program should be adopted; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF WINDSOR, COLORADO, AS FOLLOWS: 1. That the Board of Trustees approves the Concept for Weld County Land Preservation Program, attached hereto and incorporated herein. 2. That the Town Administrator, or his designee, is authorized to transmit copies of the within Resolution to the proponents of the Weld County Land Preservation Program, Weld County Government, and the Weld County Commissioners, evidencing the Town of Windsor's support for the Weld County Land Preservation Program. Upon motion duly made, seconded and carried, the foregoing Resolution was adopted this 10th day of July, 2000. TOWN OF WINDSOR, COLORADO By Mayor ATT T: O ' own C rk .c,ORPORAT.K SEAL r OF C6C6Ct 07/24/00 10:57 FAX 303 833 4883 Town of Firestone QD001/002 RESOLUTION NO._ao A RESOLUTION EXPRESSING THE SUPPORT OF THE TOWN OF FIRESTONE FOR THE WELD COUNTY LAND PRESERVATION PROGRAM. ' WHEREAS, the Board of Trustees of the Town of Firestone has been advised that signatures are ctazaitly being collected to show support to the Weld County Commissioners to place on the November 2000 ballot the issue of an additional one- quarter cent sales and use tax to be used exclusively for land preservation in Weld County,specifically including agricultural land,natural areas,and wildlife habitat;and WHRRRAS, the Board of Trustees has traditionally supported land preservation for the purposes of providing open land between communities and, generally, to enhance the quality of life in the Town of Firestone and the surrounding areas of Weld County,and WHEREAS, the Board of Trustees finds that the creation of the proposed Weld County Land Preservation Fund, using the proceeds from the taxes proposed, is an appropriate vehicle for the preservation of land;and WHEREAS, the Board of Trustees approves the philosophical direction of the Weld County Land Preservation Program which is to preserve land through the purchase of property, or the acquisition of conservation easements through a `willing buyer-willing seller"basis,rather than through eminent domain;and WHEREAS, the Board of Trustees believes that the citizens of Weld County, through a referred measure from the Weld County Commissioners, should be afforded the opportunity to decide whether or not the Weld County Land Preservation Program should be adopted; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,COLORADO: Section 1. That the Board of Trustees approves the Concept of the Weld County Land Preservation Program. Section 2. That the Town Administrator is authorized to transmit copies of this Resolution to the proponents of the Weld County Land Preservation Program, Weld County Government, and the Weld County Commissioners, evidencing the Town of Firestone's support for the Weld County Land Preservation Program. • Pwtalr Fax Note 7671 osto �J/e r Ipi.►ITO WOO „f SYY � I CO. Phone. rnawr PDX. tut - 07/24/00 10:68 FAX 303 833 4883 Town of Firestone 1002/002 i INTRODUCED,READ,and ADOPTED this 13 day of -3 One. ,2000. Rick Patterson,Mayor T: ¶sEAL . ATTEST: ouceisen 4 .4 5" Cheri Anderson,Town Clerk • 07/13/2000 16:27 9705872678 MILLIKEN PAGE 01 TOWN OF MILLIKEN RESOLUTION NO.2Lps BEING A RESOLUTION EXPRESSING THE SUPPORT OF THE TOWN OF MILLIKEN FOR THE WELD COUNTY LAND PRESERVATION PROGRAM. WHEREAS,the Board of Trustees of the Town of Milliken has been advised that signatures are currently being collected to show support to the Weld County Commissioners to place on the November 2000 ballot the issue of an additional one- quarter cent sales sad use tax to be used exclusively for land preservation in Weld County,specifically including agricultural land,natural areas,and wildlife habitat;and WHEREAS,the Board of Trustees has traditionally supported land preservation for the purposes of providing open land between communities and,generally,to enhance the quality of life in the Town of Milliken and the surrounding areas of Weld County;and WHEREAS,the Board of Trustees finds that the creation of the proposed Weld County Land Preservation Fund,using the proceeds from the taxes proposed,is an appropriate vehicle for the preservation of land; and WHEREAS,the Board of Trustees approves the philosophical direction of the Weld County Land Preservation Program which is to preserve land through the purchase of property or the acquisition of conservation easements through a"willing buyer-willing seller"basis,rather than through eminent domain;and WHEREAS,the Board of Trustees believes that the citizens of Weld County, through a iv cued measure from the Weld County Commissioners,should be afforded the opportunity to decide whether or not the Weld County Land Preservation Program should be adopted; NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF MILLIKEN,COLORADO,AS FOLLOWS: 1. That the Board of Trustees approves the Concept for Weld County Land Preservation Program,attached hereto and incorporated herein. 2. That the Town Administrator,or his designee,is authorized to transmit copies of the within Resolution to the proponents of the Weld County Land Preservation Program,Weld County Government,and the Weld County Commissioners,evidencing the Town of Milliken's support for the Weld County Land Preservation Program. 07/13/2000 16:27 9705872678 MILLIKEN PAGE 02 Upon motion duly made,seconded and carried,the foregoing Resolution was adopted this jiday of July,2000. TOWN OF MILLIKEN,COLORADO By= Mayor ATTEST: Town laic AUG- 2-00 WED 7:56 CITY OF EVANS FAX NO. 3033395344 P. 0: CITY OF EVANS RESOLUTION NO. 41-20QQ ARESOLUTION EXPRESSING THE SUPPORT OF THE CITY OF EVANS FOR THE WELD COUNTY LAND PRESERVATION PROGRAM WHEREAS, the City Council of the City of Evans has been advised that signatures ate currently being collected to show support to the Weld County Commissioners to place on the November 2000 ballot the issue of an additional one-quarter cent sales and use tax to be used exclusively for land preservation in Weld County.specifically including agricultural land,nature areas,and wildlife habit; and WHEREAS,the City Council has traditionally supported land preservation for the purpose. ofproviding open land between communities and generally,to enhance the quality oflife in the City of Evans and the surrounding areas of Weld County;and WHEREAS, the City Council finds that the creation of the proposed Weld County Land Preservation Fund,using the proceeds from the taxes proposed, is an appropriate vehicle for the preservation of land; and WHEREAS,the City Council approves thephilosophical direction ol'the Weld County Land Preservation Program which is to preserve land through the purchase of property or the acquisition ofeonservation easements through a"willing buyer-willing seller"basis,rather than through eminent domain;and WHEREAS,the City Council believes that the citizens of Weld County,through a referred measure from the Weld County Conunissioners, should be afforded the opportunity to decide whether or not the Weld County Land Preservation Program should be adopted; NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANS,COLORADO,AS FOLLOWS: I- That the City of Evans approves the Concept for Weld County Land Preservation Program,attached hereto and incorporated herein. 2. That the City Manager,or his designee,is authorized to transmit copies of the within Resolution to the proponents of the Weld County Land Preservation Program,Weld County Government,and the Weld County Commissioners,evidencing the City of Evans'support for the Weld County Land Preservation Program. PASSED.,SIGNED,APPROVED AND ADOPTED at a regular meeting of the City Council ofthe'Clty ofByaxjs on this 1"" day of August 2000. A'fTiT CITY OF EVANS,COLORADO AcaLia— B ' City Clerk ayor Town of Frederick,Colorado Resolution 00-R-50 fl A RESOLUTION OF THE TOWN OF FREDERICK,COLORADO ,ING SUPPORT FOR THE WELD COUNTY LAND PRESERVATION WHEREAS,the Board of Trustees of the Town of Frederick has been advised that signatures are being collected to show support to the Weld County Commissioners to place on the November 2000 ballot the issue of an additional one-quarter cent sales and use tax to be used exclusively for land preservation in Weld County,specifically including agricultural land,natural areas,and wildlife habitat; and WHEREAS,the Board of Trustees has traditionally supported land preservation for the purposes of providing open land between communities,open space within the area and,generally to enhance the quality of life for the residents of the Town of Frederick and surrounding areas of Weld County; and WHEREAS,the Board of Trustees finds that the creation of the Proposed Weld County Land Preservation Fund,using the proceeds from the taxes proposed,is an appropriate vehicle for the preservation of land; and WHEREAS,the Board of Trustees approves of the philosophical direction of the Weld County Land Preservation Program which is preserve land through the purchase of property or the acquisition of conservation easements through a"willing buyer-willing seller"basis,rather than through eminent domain; and WHEREAS,the Board of Trustees believes that the citizens of Weld County,through a referred measure from the Weld County Commissioners,should be afforded the opportunity to decide whether or not the Weld County Land Preservation Program should be adopted; NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK,COLORADO,AS FOLLOWS: 1 . That the Board of Trustees approves the Concept for the Weld County Land Preservation Program,attached hereto and incorporated herein. 2. That the Town Clerk is authorized to transmit copies of the within Resolution to the proponents of the Weld County Land Preservation Program Weld County Government,and the Weld County Commissioners,evidencing the Town of Frederick's support of this program. INTRODUCED,READ,PASSED AND SIGNED THIS 14w"DAY OF AUGUST 2000 By: egtlathedt6 L Edward J. Tagli ayo ATTEST Sandra��,Tdwn Clerk • Concept for Weld County Land Preservation Program • Y4 Sales and Use tax for the preservation of land, especially agricultural land, natural areas, wildlife habitat • Sunsets in 10 years • Sets up a Weld County Land Preservation Fund • Fund has an advisory board - 9 member board- geographically dispersed which will be appointed by the Weld County Commissioners. • The Land Preservation Fund may be used to pay debt incurred by the Fund to preserve land. • May purchase water rights and storage rights for use with preserved land. • The Land Preservation Fund may be used to match GOCO and other funds. • Land Preservation Funds may not be used for condemnation of land. Land will be preserved on a willing seller basis only. • Up to 4% may,be used for administration. Administration includes funds distribution, grant writing, and negotiations. • Up to 30% of the Fund may be used for the maintenance of acquired easements and land. • Promotes the use of conservation easements, in special cases, fee simple acquisitions may be utilized. Fee simple will be made in partnership with land trusts. • County to provide an annual report of the fund's expenses and acquisitions. For more information email: preserveweld@hotmail.com 08/28/2000 11:34 3039262798 ERIE TOWN CLERIC PAGE 02 TOWN OF ERIE RESOLUTION NO.00-38 BEING A RESOLUTION EXPRESSING THE SUPPORT OF filE TOWN OF ERIE, COLORADO FOR THE WELD COUNTY LAND PRESERVATION PRPQRAN, 25 WHEREAS,the Board of Trustees of the Town of Erie has�j n lvtsed that signatrres are currently being collected to show support to the Weld County � k,lotttip to place on the November 2000 ballot the issue of an additional one-quarter cent sales and use tax to be used exclusively for land preservation in Weld county, specifically including agricultural land, natural areas,and wildlife habitat; and WHEREAS, the Board of Trustees had traditionally supported land preservation for the purposes of providing open land between communities and, generally,to enbance the quality of life in the Town of Windsor and the surrounding areas of Weld County; and WHEREAS,the Board of Trustees finds that the creation of the proposed Weld County Land Preservation Fund, using the proceeds from the taxes proposed, is an appropriate vehicle for the preservation of land;and WHEREAS, the Board of Trustees approves the philosophical direction of the Weld county Lan Preservation Program which is to preserve land through the purchase of property or the acquisition of conservation easements through a "willing buyer-willing seller" basis, rather than through eminent domain; and WHEREAS, the Board of Trustees believes that the citizens of Weld County, through a referred measure from the Weld County Commissioners, should be afforded the opportunity to decide whether or not the weld County Land Preservation Program should be adopted; NOW, THEREFORE,BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ERIE,COLORADO,AS FOLLOWS: 1. That the Board of Trustees approves the Concept for Weld County Land Preservation Program,attached hereto and incorporated herein. 2. That the Town Administrator, or his designee, Is authorized to transmit copies of the within Resolution to the proponents of the Weld County Land Preservation Program, Weld County Government, and the Weld County Commissioners, evidencing the Town of Erie's support for the Weld County Land Preservation Program. INTRODUCED,READ, SIGNED AND APPROVED this 8th day of August 2000. • Tom Van Lone, r T: „Site) inda N. Sales,Town Clerk • TOWN O1 PLATI'EVILLE COUMY OF WELD STATE OF COLORADO RZSOLiWflON NO.2100-s BEING A RE/OWflON EXPRESSING THE SUPPORT OF THE TOWN OF PLATTEVILLE PORTER WELD COUNTY I AND P1RiRVATION PROGRAItL WHEREAS,the Bard of Tnulees of the Town of Platteville bas been advised that signatures are among being collected to*ow support to the Weld Con sty Camminiwsxs to plan an the Novsobsr 2000 ballet the hues of an additional coon- minter cat aides sad me tot to be used exclusively for held pausvati t is Weld Coady,specifically iaoiadi4*Wcultasal lead.S,*d ems,and wild*habitat end WHEREAS,the Bond of Tnnen hes traditionally supported land messrvatian for the purposes of providing open land batten communities std,grandly lo ethane the quality of life in the Town of Platteville and the surroading was of Weld Canty; aad WHEREAS.the Bard of Trustee finds Est the aaation of the proposed Weld County Lead Preeavation Fin&using the proceeds from the awes proposal,is n appropriate vehicle fbr the prnsrvstioa of and WHEREAS,rosined of Trustees approves the philosophical&reed a of the Wed County Lend Preservation Program which is to preserve land through the pardon of popery or the aogroaition of one news lon'seamen through s isalg buym>rn'Idnp mike basis,rather Ilea*tough anthem domain;end WHERIEAS,the Bond of Tnutea believes that the chums of Weld County, *cough a twinned meow from the Weld Courty Comembrimm s *old be abided the oppontalty to decide whether or not the Weld Chanty Land Pteeervatlon&open should be adopted; NOW.THEREBOiRE.BE IT RESOLVED BY THE BOARD OF TRVS'lflS OF • THE TOWN OF PWTEVad.E,COLORADO.AS FOLLOW& 1. Thet the Board of Trustees approve tic Concept for Weld County Land Preservation Program stitched hereto and inoapon red bads. • £-d L w LL 699 0L6 a,W BAO1 V1OO WOMB WVZ w °L 00Z-06-8 2. Thst the TownAdminlekMat,or Ida dasiree,is ashes iraed to isms* Capita ate wily Resolution to du papoesnte atttb Weld County Ladd PeeMlvWiol1 Plopint,Nall 'oaaaemeneet,aid Re Weld the�Wild h�ea. Prows Commiseis avitimoing the Tom of •a Nippon�°r Upon motion tidy mode,eecodded add eettied,the foregoing Rnoludon was adopted*is le day of Avon,2000. TOWN OF PLAT EVILLE,COLORADO ar sae cede* Glass C.WS re,Illayst ATIAST: 4tridsoil,iid*rdidsid.e4) Z. front Omit V d L I LL 699 0L6 ONV DAO1 0'100 Wnf-4 WE I 'L 00E-0E-8 IPPP P « s illittirrrir net t #fns.3°, i.int,t't'I It 1r1 ,4, if fPN re (t,, a TO: :c:ountY Commissioners FROM: 11 I Cis DATE: Augist 24, 2000 COL ip i • SUBJECT: Se Sales Tax Exemption House Bill 00-1162 creates a new exemption r mite farm equipment from the Colorado state sales tax. The farm equipment added to the exemption 1 t chides "parts used in the repair or maintenance of farm equipment, all shipping pallets or aids `'d or by a farm operation, and aircraft designed or adapted to undertake agricultural operations." A first I thought there was no need to modify the proposed Ordinance 218, because the exemp n' as for the state sales tax only. The problem is that the way C.R.S. § 29-2-105(1)(d) allows a county empt farm',equipment from the county sales tax is to refer back to the state sales tax exemptions in C. .S. § 39.26-114(20). We did that in Ordinance 218, Section I.A.1. But then 00-1162 amended C.4.S § 29-2-105(1)(d)to say the following: "ANv INCORPORATED TOWN,CITY,OR COUNTY THAT)4 PTS OR HAS ADOPTED A SALES TAX ORDINANCE OR RESOLUTION PURSUANT TO THIS ARTICLE S L A Sr> ,E TAX UPON ALL SALES AND PURCHASES OF PARTS USED IN THE REPAIR OR MAINTENANCE P N-1 EQUIPMENT,ALL SHIPPING PALLETS OR AIDS PAID FOR BY A FARM OPERATION,AND AIRCRAFT DE IG, ED OR ADAPTED TO UNDERTAKE AGRICULTURAL APPLICATIONS,NOTWITHSTANDING THE REMO4&L F SUCH ITEMS FROM THE STATE SALES TAX BASE PURSUANT TO HOUSE BILL 00-1162,ENACTED;IkT HE SECOND REGULAR SESSION OF THE SIXTY-SECOND GENERAL ASSEMBLY,UNLESS EXEMPTED BY Lap ORDINANCE OR RESOLUTION." (Emphasis added.) A copy of H.B. 00-1162 is attached. So,the Board: 'l1 need to'except these listed items from the definition of farm equipment. I recommend the Bowing highlighted change: I. Imposition of Sales Tax. There is hereby ' sed a county-wide one quarter of one percent (0.25%) sales tax on all sales of tangible personal*o y at retail or the furnishing of services in Weld County, as provided in C.R.S. § 29-2-10 I ), effective throughout the incorporated and unincorporated portions of Weld County, flu et to the following terms and conditions: A. Transactions Subject to the Saks ax. f 1. The tangible personal pro and services taxable hereunder shall be the same as the tangible personal pie) and services taxable pursuant to C.R.S. § 39-26- 104, subject to the same e' motions as those specified in C.R.S. § 39-26-114, including, specifically,'? not by way of limitation,the exemption for sales of food(as the term "foods i defined in Section 39-26-102(4.5)), as exempted from the Colorado state sale pursuant to C.R.S. § 39-26-114(1)(a)(XX);the exemption for vending in hire sales of food, as described in C.R.S. § 39-26- 1 ' Memorandum, BOCC August 24, 2000 Page 2 114(7.5); the exemption for purchases of machinery and machine tools specified in C.R.S. § 39-26-114(11);the exemption for sales and purchases of those items listed in Section 39-26-114(1)(a)(XXI);the exemption for occasional sales by a charitable organization, as provided in C.R.S. § 39-26-114(18); 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 C.R.S. § 39-26-114(20), O* and the exemption for sales of low-emitting motor vehicles, power sources, or parts used for converting such power sources, as specified in C.R.S. § 39-26- 114(22). Commissioner Hall asked if the Board could just generally refer to the exemptions in C.R.S. § 39-26- 114 without having to list them specifically. The idea would be to make the general reference, so that when the General Assembly adds to or deletes from the list of exemptions, the County would not have to amend Ordinance 218 and have a vote for such amendment. Unfortunately,the answer to Commissioner Hall's question is no. The reason is that C.R.S. § 29-2-105(1)(d) says that farm equipment ". . . may be exempted from said town, city, or county sales tax only by the express inclusion of such exemption either at the time of adoption of the initial sales tax ordinance or resolution or by amendment thereto. Any such amendment shall be adopted in the same manner as the initial ordinance or resolution." (Emphasis added.) I therefore recommend that the Board amend Section I.A.1., as set forth above, at the second reading on August 28, 2000. nice T. Barker Weld County Attorney Attachment pc: Don Sandoval Clerk to the Board 2000 HOUSE BILL 00-1162 BY REPRESENTATIVES Alexander,Berry,Coleman,Gagliardi,Gordon, Hoppe, Johnson, Kester, King, Larson, McKay, Miller, Nunez, Smith, Spence, Taylor, Vigil, Webster, T. Williams, Young, and Zimmerman; also SENATORS Musgrave, Anderson, Arnold, Chlouber, Congrove, Dennis, Dyer, Epps, Evans, Hernandez, Hillman, Lamborn, Martinez, Nichol, Owen, Powers, Teck, and Wattenberg. CONCERNING THE EXEMPTION OF ITEMS USED IN AGRICULTURAL OPERATIONS FROM THE STATE SALES AND USE TAX. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 42-1-102 (44), Colorado Revised Statutes, is amended to read: 42-1-102. Definitions. As used in articles 1 to 4 of this title,unless the context otherwise requires: (44) ON AND AFTER JULY 1,2000,"Implement of husbandry"means every vehicle which THAT is designed,ADAPTED,OR USED for agricultural purposes. It also includes equipment used solely for the application of liquid,gaseous,and dry fertilizers. Transportation of fertilizer,in or on the equipment used for its application, shall be deemed a part of application if it is incidental to such application. It also includes hay balers,hay stacking Capital letters indicate new material added to existing statutes;dashes through words indicate deletions from existing statutes and such material not part of act. equipment, combines, tillage and harvesting equipment, AGRICULTURAL COMMODITY HANDLING EQUIPMENT, and other heavy movable farm equipment primarily used on farms OR IN A LIVESTOCK PRODUCTION FACILITY and not on the highways. Trailers specially designed to move such equipment on highways shall,for the purposes of part 5 of article 4 of this title, be considered as component parts of such implements of husbandry. SECTION 2. 39-26-102 (1), Colorado Revised Statutes, is amended,and the said 39-26-102 is further amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read: 39-26-102. Definitions. As used in this article, unless the context otherwise requires: (1) "Au.tioll sal." means any sal. conducted of ttansa.tt.d at a 1J.1luall.11t lac of business opetatt.d by au auctionet.r or a sal.conducted and ttausa.hd at ally lo.atioll ,,hc1e tangibk pcsoual ptopaty is sold by all au.tlu11..1 Wlla[all.11 a4.t1V11..1 la tiding Clthcl as ab.11t fin al.VW11.1 of audi Indaonal y10pClty 01 is in fact thy o.''4nar t11ucuf. Thy auction.i at any aal. Iliad! ill subacctio11 (11)of t11is3.ction, exc.pt when a.ting as all agent f01 a duly licensed retail.f 01 Oclidur Oi wlhc11 adlalg 0111y tMb1bly pctsonal propcity which is exempt under the provisions of section 39-26-114 (5) and (6), is a r.tail.r or .'e11do1 as d.fnled in subsection (8) of lllia a..tiull and tll. Saks ma, by him is a ..tail aal. aS tialutCd i1r subsection (9) of this section, and the business conducted by said auctioned in accomplishing such sale is the tiansaetioll of a business as tl.fill.d by auba..tiu11(2) of this awliu1r "AGRICULTURAL COMMODITY" MEANS ANY AGRICULTURAL COMMODITY AS DEFINED IN SECTION 35-28-104 (1), C.R.S.; EXCEPT THAT, FOR PURPOSES OF ARTICLE 26 OF THIS TITLE, "AGRICULTURAL COMMODITY"SHALL ALSO INCLUDE SUGAR BEETS,TIMBER AND TIMBER PRODUCTS, OATS, MALTING BARLEY, BARLEY, HOPS, RICE, MILO,AND ANY OTHER FEED GRAIN. (1.3) "AUCTION SALE" MEANS ANY SALE CONDUCTED OR TRANSACTED AT A PERMANENT PLACE OF BUSINESS OPERATED BY AN AUCTIONEER OR A SALE CONDUCTED AND TRANSACTED AT ANY LOCATION WHERE TANGIBLE PERSONAL PROPERTY IS SOLD BY AN AUCTIONEER WHEN SUCH AUCTIONEER IS ACTING EITHER AS AGENT FOR THE OWNER OF SUCH PERSONAL PROPERTY OR IS IN FACT THE OWNER THEREOF. THE AUCTIONEER PAGE 2-HOUSE BILL 00-1162 AT ANY SALE DEFINED IN SUBSECTION(11)OF THIS SECTION,EXCEPT WHEN ACTING AS AN AGENT FOR A DULY LICENSED RETAILER OR VENDOR OR WHEN SELLING ONLY TANGIBLE PERSONAL PROPERTY WHICH IS EXEMPT UNDER THE PROVISIONS OF SECTION 39-26-114 (5) AND (6), IS A RETAILER OR VENDOR AS DEFINED IN SUBSECTION (8) OF THIS SECTION AND THE SALE MADE BY THE AUCTIONEER IS A RETAIL SALE AS DEFINED IN SUBSECTION(9) OF THIS SECTION,AND THE BUSINESS CONDUCTED BY SAID AUCTIONEER IN ACCOMPLISHING SUCH SALE IS THE TRANSACTION OF A BUSINESS AS DEFINED BY SUBSECTION(2)OF THIS SECTION. (5.7) "LIVESTOCK PRODUCTION FACILITY"MEANS ANY STRUCTURE USED PREDOMINATELY FOR THE HOUSING, CONTAINING, SHELTERING, OR FEEDING OF LIVESTOCK, INCLUDING, WITHOUT LIMITATION, BARNS, CORRALS,FEEDLOTS,AND SWINE HOUSES. SECTION 3. 39-26-114(20)(a)(II)(B)and(20)(b)(II),Colorado Revised Statutes, are amended to read: 39-26-114. Exemptions - disputes - credits or refunds - definitions - creation of fund - repeal. (20) (a) (II) (B) The lessor OR SELLER OF SUCH FARM EQUIPMENT shall obtain a signed affidavit from the lessee,or renter, OR PURCHASER affirming that the farm equipment will be used primarily and directly in a farm operation. (b) For purposes of this subsection (20): (II) "Farm equipment" means farm tractors, as defined in section 42-1-102 (33), C.R.S., implements of husbandry, as defined in section 42-1-102(44),C.R.S.,and irrigation equipment having a per unit purchase price of at least one thousand dollars. "Farm equipment" also includes, regardless of purchase price, attachments and bailing wire, binders twine, and surface wrap used primarily and directly in any farm operation. ON AND AFTER JULY 1,2000,"FARM EQUIPMENT"ALSO INCLUDES,REGARDLESS OF PURCHASE PRICE, PARTS THAT ARE USED IN THE REPAIR OR MAINTENANCE OF THE FARM EQUIPMENT DESCRIBED IN THIS SUBPARAGRAPH (II), ALL SHIPPING PALLETS OR AIDS PAID FOR BY A FARM OPERATION,AND AIRCRAFT DESIGNED OR ADAPTED TO UNDERTAKE AGRICULTURAL APPLICATIONS. "Farm equipment" does not include: SECTION 4. The introductory portion to 39-26-203 (1) (hh) (II), PAGE 3-HOUSE BILL 00-1162 Colorado Revised Statutes, is amended to read: 39-26-203. Exemptions -definitions. (1) This part 2 is declared to be supplementary to the "Emergency Retail Sales Tax Law of 1935", part 1 of this article, and shall not apply: (hh) To the storage, use, or consumption of farm equipment. For purposes of this paragraph (hh): (II) "Farm equipment" means farm tractors, as defined in section 42-1-102 (33), C.R.S., implements of husbandry, as defined in section 42-1-102(44),C.R.S.,and irrigation equipment having a per unit purchase price of at least one thousand dollars. "Farm equipment" also includes, regardless of purchase price, attachments and bailing wire, binders twine, and surface wrap used primarily and directly in any farm operation. EFFECTIVE JULY 1,2000,"FARM EQUIPMENT"ALSO INCLUDES,REGARDLESS OF PURCHASE PRICE, PARTS THAT ARE USED IN THE REPAIR OR MAINTENANCE OF THE FARM EQUIPMENT DESCRIBED IN THIS SUBPARAGRAPH (II),ALL SHIPPING PALLETS OR AIDS PAID FOR BY A FARM OPERATION,AND AIRCRAFT DESIGNED OR ADAPTED TO UNDERTAKE AGRICULTURAL APPLICATIONS. "Farm equipment" does not include: SECTION 5. 29-2-105 (1) (d), Colorado Revised Statutes, is amended to read: 29-2-105. Contents of sales tax ordinances and proposals. (1) The sales tax ordinance or proposal of any incorporated town, city, or county adopted pursuant to this article shall be imposed on the sale of tangible personal property at retail or the furnishing of services,as provided in paragraph (d) of this subsection (1). Any countywide or incorporated town or city sales tax ordinance or proposal shall include the following provisions: (d) A provision that the tangible personal property and services taxable pursuant to this article shall be the same as the tangible personal property and services taxable pursuant to section 39-26-104,C.R.S.,except as otherwise provided in this paragraph(d). The tangible personal property and services taxable pursuant to this article are subject to the same exemptions as those specified in section 39-26-114, C.R.S., except the exemption allowed by section 39-26-114 (11), C.R.S., for purchases of PAGE 4-HOUSE BILL 00-1162 machinery or machine tools,the exemption of sales and purchases of those items in section 39-26-114 (1) (a) (XXI), C.R.S., the exemption for sales of food specified in section 39-26-114(1)(a)(XX),C.R.S.,the exemption for vending machine sales of food set forth in section 39-26-114 (7.5), C.R.S.,the exemption for occasional sales by a charitable organization set forth in section 39-26-114 (18), C.R.S., the exemption for sales and purchases of farm equipment and farm equipment under lease or contract specified in 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. Sales of food, as defined in section 39-26-102 (4.5), C.R.S., exempted from the state sales tax pursuant to section 39-26-114(1)(a)(XX), C.R.S.,vending machine sales of food as described in section 39-26-114(7.5),C.R.S.,sales and purchases of those items exempted from the state sales tax pursuant to section 39-26-114 (1) (a) (XXI), C.R.S., purchases of machinery or machine tools as provided in section 39-26-114 (11), C.R.S., occasional sales by a charitable organization as provided in section 39-26-114 (18), C.R.S., sales and purchases of farm equipment or farm equipment under lease or contract exempted from the state sales tax pursuant to section 39-26-114 (20), C.R.S., or 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., may be exempted from said town, city, or county sales tax only by the express inclusion of such exemption either at the time of adoption of the initial sales tax ordinance or resolution or by amendment thereto. Any such amendment shall be adopted in the same manner as the initial ordinance or resolution. In the absence of an express provision for the exemption for sales of food, as defined in section 39-26-102(4.5), C.R.S., or for the exemption of vending machine sales of food as provided in section 39-26-114 (7.5), C.R.S., or for the exemption of purchases of machinery or machine tools as provided in section 39-26-114 (11), C.R.S., or for the exemption of sales and purchases of those items in section 39-26-114(1)(a)(XXI),C.R.S.,or for the exemption of occasional sales by a charitable organization as provided in section 39-26-114 (18), C.R.S., or exemption of sales and purchases of farm equipment or farm equipment under lease or contract as provided in section 39-26-114 (20), C.R.S., or exemption of 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., all sales tax ordinances or resolutions, whether adopted prior to, on, or subsequent to July 1, 1979, which provide in substance that the tangible personal property and services PAGE 5-HOUSE BILL 00-1162 taxed shall be the same as the tangible personal property and services taxable pursuant to section 39-26-104, C.R.S., or any predecessor statute, except as otherwise provided in this paragraph(d),and subject to the same exemptions as those specified in section 39-26-114, C.R.S., or any predecessor statute,shall be construed as imposing or continuing to impose the town, city, or county sales tax on food, as defined in section 39-26-102 (4.5), C.R.S., vending machine sales of food as described in section 39-26-114 (7.5), C.R.S., purchases of machinery and machine tools as described in section 39-26-114 (11), C.R.S., sales or purchases of those items described in section 39-26-114(1)(a)(XXI),C.R.S.,occasional sales by a charitable organization as described in section 39-26-114(18),C.R.S., sales and purchases of farm equipment and farm equipment under lease or contract as described in section 39-26-114 (20), C.R.S., and 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. Any incorporated town, city, or county that adopts or has adopted a sales tax ordinance or resolution pursuant to this article shall levy a sales tax on pesticides that are registered by the 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 state sales tax base pursuant to House Bill 99-1381, enacted at the first regular session of the sixty-second general assembly, unless exempted by local ordinance or resolution. ANY INCORPORATED TOWN, CITY, OR COUNTY THAT ADOPTS OR HAS ADOPTED A SALES TAX ORDINANCE OR RESOLUTION PURSUANT TO THIS ARTICLE SHALL LEVY A SALES TAX UPON ALL SALES AND PURCHASES OF 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 APPLICATIONS,NOTWITHSTANDING THE REMOVAL OF SUCH ITEMS FROM THE STATE SALES TAX BASE PURSUANT TO HOUSE BILL 00-1162, ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTY-SECOND GENERAL ASSEMBLY, UNLESS EXEMPTED BY LOCAL ORDINANCE OR RESOLUTION. The regional transportation district may, in its discretion,continue to levy a sales tax on vending machine sales of food as described in section 39-26-114 (7.5), C.R.S., and on purchases of machinery or machine tools,as provided in section 39-26-114(11),C.R.S. SECTION 6. 29-2-106 (4) (a), Colorado Revised Statutes, is PAGE 6-HOUSE BILL 00-1162 amended to read: 29-2-106. Collection-administration-enforcement. (4)(a) The executive director of the department of revenue shall, at no charge, administer, collect, and distribute the sales tax of any home rule municipality, upon request of the governing body of such municipality, if the provisions of the sales tax ordinance of said municipality, other than those provisions relating to local procedures followed in adopting the ordinance and whether or not the ordinance applies the sales tax to the sale of food, as defined in section 39-26-102 (4.5), C.R.S., or purchases of machinery or machine tools as provided in section 39-26-114(11),C.R.S., or sales or purchases of electricity, coal, wood, gas, fuel oil, or coke as provided in section 39-26-114 (1) (a) (XXI), C.R.S., or vending machine sales of food as described in section 39-26-114 (7.5), C.R.S., or sales or purchases of farm equipment or farm equipment under lease or contract, 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 APPLICATIONS, as provided in section 39-26-114(20), C.R.S.,or 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., or to pesticides that are registered by the 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., as provided in section 29-2-105(1)(d),correspond to the requirements of this article for sales taxes imposed by counties, towns, and cities and if no use tax is to be collected by the department except as provided in section 39-26-208, C.R.S. At the time of making such request, said governing body shall certify to the executive director of the department of revenue a true copy of said sales tax ordinance. SECTION 7. 39-26-123 (2) (a) (I), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUB-SUBPARAGRAPH to read: (A.7) COMMENCING AUGUST 1,2000,THE ALLOCATION OF RECEIPTS UNDER SUB-SUBPARAGRAPH (A) OF THIS SUBPARAGRAPH (I) TO THE HIGHWAY USERS TAX FUND SHALL BE INCREASED BY FIFTEEN ONE-THOUSANDTHS OF A PERCENTAGE POINT,AND THE ALLOCATION TO THE PAGE 7-HOUSE BILL 00-1162 GENERAL FUND SHALL BE DECREASED BY FIFTEEN ONE-THOUSANDTHS OF A PERCENTAGE POINT,PURSUANT TO HOUSE BILL 00-1162,ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTY-SECOND GENERAL ASSEMBLY. THE MODIFICATIONS TO THE ALLOCATION OF RECEIPTS MADE PURSUANT TO THIS SUB-SUBPARAGRAPH (A.7) SHALL BE IN ADDITION TO ANY OTHER MODIFICATIONS TO THE ALLOCATION OF SUCH RECEIPTS MADE BY LAW. SECTION 8. Effective date - applicability. This act shall take effect July 1,2000, and shall apply to all sales and purchases, storage, use, or consumption that occurs on or after said date. PAGE 8-HOUSE BILL 00-1162 SECTION 9. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. Russell George Ray Powers SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE Judith M. Rodrigue Patricia K. Dicks CHIEF CLERK OF THE HOUSE SECRETARY OF OF REPRESENTATIVES THE SENATE APPROVED Bill Owens GOVERNOR OF THE STATE OF COLORADO PAGE 9-HOUSE BILL 00-1162 Hello