WHEREAS, for many years the City of Fort Collins (the "City") and City staff have investigated the possibility of relocating the Colorado Highway 14 truck route (the "Truck Route") from its current location that utilizes roadways in the City known as Mulberry, Riverside, Jefferson, and College in such a manner so as to minimize the impact of the Truck Route on businesses, neighborhoods and residents of Fort Collins; and

WHEREAS, as a part of the "Building Community Choices" Capital Improvement Program, in 1997 the City's electorate authorized capital expenditures of $3 million (the "Funds") to be used for the planning, design, right-of-way acquisition and/or other project costs associated with road improvements for an alternate northeast Truck Route; and

WHEREAS, the City has expended a portion of the Funds in pursuit of an alternative Truck Route and wishes to continue to use the remaining Funds to relocate the Truck Route so as to avoid the adverse impacts associated with the Truck Route on businesses, neighborhoods, and residents in the City's Urban Growth Areas; and

WHEREAS, prior City Councils and the current City Council have previously rejected relocating the Truck Route in the vicinity of East Vine Drive in the City due to the materially adverse environmental health and social impacts on residents that a relocation in the vicinity of East Vine Drive would necessarily cause; and

WEREAS, the City desires to relocate the Truck Route outside the City's current Urban Growth Area and, until such location occurs, to encourage and cause truck traffic without local business to use the US Interstate Highway System; and

WHEREAS, a petition for initiative signed by registered elements of the City has been filed with the City which requires, under Article X, Section 1(e) of the Charter, that the City Council either adopt this Ordinance or submit it to the registered electors of the City as a special election.

NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:

Section 1. That, working with appropriate Federal, State, and County governmental entities, agencies, and departments, the City and its staff shall pursue with all deliberate effort and speed the relocation of the Truck Route to a location outside the City's current Urban Growth Area.

Section 2. That until such time as the relocation of the Truck Route, described in Section 1 occurs, the City shall encourage and cause by all reasonably available legal means all truck traffic without local business in the City to use the existing US Interstate Highway System, including, without limitation, pursuit by the City of appropriate State and Federal legislation and regulations that would cause all truck traffic without local business to remain on the US Interstate Highway System.

Section 3. That the City and its staff shall devise and diligently pursue the implementation of a funding plan to cause the relocation of the Truck Route outside the City's current Urban Growth Area to be funded by a combination of City, County, State, and/or Federal funding sources.

Section 4. That the remaining Funds from the "Building Community Choices" Capital Improvement Program shall be used in furtherance of the purposes set forth in Sections 1, 2, and 3 of this Ordinance.

Section 5. That relocating the Truck Route in the vicinity of East Vine Drive is permanently abandoned and that locating a new or alternate Truck Route between the currently existing Truck Route and two miles North of Douglas Road shall not be further considered by the City.

Section 6. That all resolutions and ordinances of the City Council that are inconsistent with the foregoing Sections 1, 2, 3, 4, and 5 are hereby reversed and superseded in their entirety by the provisions of this ordinance.

Section 7. This Ordinance shall be effective upon the earlier of (i) approval of this Ordinance by the City Council in accordance with Article X Section 1 (e) of the Charter or (ii) upon certification of the election results that a majority of the registered electors voted in favor of this Ordinance in accordance with Article X Section 6(a) of this Charter.