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.