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HomeMy WebLinkAbout11376RESOLUTION NO. 11376 A RESOLUTION SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY OF PUEBLO AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2008 PROPOSED INITIATED ORDINANCE NO. 7864 EXPANDING THE AUTHORIZED USES OF REVENUE FROM THE HALF -CENT SALES AND USE TAX IMPOSED BY PUEBLO MUNICIPAL CODE SECTIONS 14- 4 -85(e) AND 14 -4 -63(2) (DEVOTED TO JOB - CREATING CAPITAL IMPROVEMENT PROJECTS), CREATING AN ECONOMIC DEVELOPMENT NEGOTIATING COMMITTEE, AND IMPOSING REQUIREMENTS ON THE EXPENDITURE OF REVENUE FROM SAID HALF -CENT SALES AND USE TAX WHEREAS, an initiative petition having the required number of signatures of registered voters has been filed with the City Clerk requesting that proposed initiated Ordinance No. 7864 relating to expansion of the authorized uses of revenue from the half -cent sales and use tax imposed by Pueblo Municipal Code Section 14- 4 -85(e) and 14 -4- 63(2), as amended, creation of an Economic Development Negotiating Committee, and imposition of requirements on the expenditure of revenue from said half -cent sales and use tax (the Aproposed Ordinance @) be submitted to a vote of the registered electors of the City of Pueblo at the special municipal election to be held on Tuesday, November 4, 2008; and WHEREAS, pursuant to section 5 -1 -10 of the Pueblo Municipal Code, as amended, the City Council shall fix the ballot title for such proposed Ordinance which will fairly express the true meaning and intent thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The proposed Ordinance, a true copy of which is attached hereto, shall be and is hereby submitted to a vote of the registered electors of the City of Pueblo at the special municipal election to be held on Tuesday, November 4, 2008. SECTION 2 The ballot title (submission clause and title) for the proposed Ordinance is hereby fixed to read as follows: QUESTION NO. (PROPOSED INITIATED ORDINANCE) SHALL PROPOSED INITIATED ORDINANCE NO. 7864 BE ADOPTED PROVIDING: THAT THE USE OF REVENUES FROM THE HALF -CENT SALES AND USE TAX DEVOTED TO JOB - CREATING CAPITAL IMPROVEMENT PROJECTS BE EXPANDED TO ALLOW UP TO 3% OF SUCH REVENUES TO BE UTILIZED FOR RECRUITMENT PURPOSES; THAT AN ECONOMIC DEVELOPMENT NEGOTIATING COMMITTEE BE CREATED AS AN INDEPENDENT ENTITY, WHOSE FUNCTIONS WILL INCLUDE CREATION OF A COMPREHENSIVE ECONOMIC DEVELOP -MENT PLAN AND NEGOTIATION OF ALL ECONOMIC DEVELOPMENT TRANSACTIONS INVOLVING USE OF REVENUES FROM THE HALF -CENT SALES AND USE TAX AT THE DIRECTION OF CITY COUNCIL; AND THAT EXPENDITURE OF SUCH REVENUES SHALL BE SUBJECT TO THE FOLLOWING REQUIREMENTS: FINANCIAL ASSISTANCE TO RECRUITED COMPANIES SHALL BE PURSUANT TO CONTRACTS WHICH SET FORTH THE WAGES AND BENEFITS PROMISED BY THE COMPANY AND REQUIRE REPAYMENT IF THE COMPANY DEFAULTS ON ITS COMMITMENTS INCLUDING ANY FAILURE TO PAY AGREED WAGE RATE S, COMPANIES RECEIVING FINANCIAL ASSISTANCE WILL BE REQUIRED TO MAKE GOOD FAITH EFFORTS TO UTILIZE LOCAL SUPPLIERS, SUBCONTRACTORS AND REALTORS IN DEVELOPMENT AND ESTABLISHMENT OF THE ASSISTED BUSINESS, A CODE OF ETHICS SHALL BE IMPLEMENTED TO PROHIBIT MEMBERS OF ECONOMIC DEVELOPMENT ENTITIES WHICH RECEIVE CITY FUNDING FROM SOLICITING BUSINESS FROM RECRUITED COMPANIES, AND RECORDS OF THE INDIVIDUAL ECONOMIC DEVELOPMENT TRANS- ACTIONS SHALL BE SUBJECT TO PROVISIONS OF THE COLORADO OPEN RECORDS ACT WHICH SHALL GOVERN DISCLOSURE OF PUBLIC RECORDS AND REFUSAL TO DISCLOSE CONFIDENTIAL OR PRIVILEGED RECORDS? FOR THE ORDINANCE AGAINST THE ORDINANCE SECTION 3 The City Council does hereby find, determine and declare that the ballot title set forth in Section 2 hereof fairly expresses the true meaning and intent of the proposed Ordinance. SECTION 4 The City Clerk shall (a) at least ten (10) days prior to the November 4, 2008, special municipal election publish notice of an election upon the proposed Ordinance, which notice shall contain the full text of the proposed Ordinance, and (b) certify the Ballot Title to the Pueblo County Clerk and Recorder by no later than sixty days before the November 4, 2008 coordinated election as provided in section 1 -5- 203(3), C.R.S. To minimize publication expenses, the notice required to be published by this section may be combined with any other notice published concerning such special municipal election. SECTION 5 This Resolution shall become effective immediately upon passage. INTRODUCED August 25, 2008 Res u3Z(, [PD: Background Paper for Proposed RESOLUTION AGENDA ITEM # 8 DATE: August 25, 2008 DEPARTMENT: Law Department TITLE A RESOLUTION SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY OF PUEBLO AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2008 PROPOSED INITIATED ORDINANCE NO. 7864 EXPANDING THE AUTHORIZED USES OF REVENUE FROM THE HALF -CENT SALES AND USE TAX IMPOSED BY PUEBLO MUNICIPAL CODE SECTIONS 14- 4 -85(e) AND 14 -4 -63(2) (DEVOTED TO JOB - CREATING CAPITAL IMPROVEMENT PROJECTS), CREATING AN ECONOMIC DEVELOPMENT NEGOTIATING COMMITTEE, AND IMPOSING REQUIREMENTS ON THE EXPENDITURE OF REVENUE FROM SAID HALF -CENT SALES AND USE TAX ISSUE Should Council adopt the attached Resolution referring an Initiated Ordinance to vote of the electors on November 4, 2008? RECOMMENDATION Law Department recommends adoption of the Resolution. BACKGROUND Under Article 18 of the City Charter, ordinances may be initiated by Petition signed by registered electors equal in number to 5% of the total vote cast in the last general City election. Upon certification by the Clerk that a petition has the requisite number of signatures, Council must either adopt the initiated measure within 30 days or refer the matter to public vote. The Resolution accompanying this Background Paper would refer the initiated measure to vote at the Special Municipal Election to be held on November 4, 2008. FINANCIAL IMPACT Adoption of the Resolution allows referral of the measure at an election already scheduled. If Council does not adopt the Resolution, another Special Municipal Election may be required at significant cost.