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HomeMy WebLinkAbout08187 Substituted Copy May 24, 2010 ORDINANCE NO. 8187 AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XIV OF PUEBLO MUNICIPAL CODE RELATING TO SALES AND USE TAX AND EXEMPTING THEREFROM NEWLY CONSTRUCTED 200 OR MORE MEGAWATT ELECTRIC POWER GENERATION FACILITIES LOCATED IN AN ENTERPRISE ZONE BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates matter being added) SECTION 1. The City Council hereby finds and determines that it would be in the best interest of the City and its citizens to provide short term sales and use tax incentives to encourage the construction of 200 or more megawatt electric power generation facilities located in an enterprise zone within the City thereby increasing the City’s tax base, availability of electric energy, and opportunities for employment for the citizens of the City. The City Council further finds and determines that granting the exemptions to the sales and use tax set forth in this Ordinance constitutes a reduction in the sales and use tax imposed by Chapter 4, Title XIV of the Pueblo Municipal Code, is consistent with the intent and purpose of §39-30-107.5, C.R.S. and makes uniform the provisions of said Chapter 4 with the laws of the State of Colorado. SECTION 2. Section 14-4-76 of Chapter 4, Title XIV of the Pueblo Municipal Code, as amended, is amended by the addition of the following new subsection (19) thereto, to read as follows: Sec. 14-4-76. Items exempt. The following classes of tangible personal property are exempt from taxation under this Chapter: . . . (19) Sales of tangible personal property purchased for use in the initial construction and equipping of a new 200 or more megawatt electric power generation facility located within an enterprise zone and constructed on or after June 1, 2010 and prior to January 1, 2012 (“electric power generation facility”. Substituted Copy May 24, 2010 SECTION 3. Section 14-4-77 of Chapter 4, Title XIV of the Pueblo Municipal Code, as amended, is amended by the addition of the following new subsection (15) thereto, to read as follows: Sec. 14-4-77. Items exempt from use tax. This tax or excise of the storage, consumption and use of tangible personal property is hereby declared to be supplementary to the City tax on retail sales as provided in this Chapter and shall not apply: . . . (15) To the storage, use or consumption of tangible personal property used in the initial construction and equipping of a new 200 or more megawatt electric power generation facility located within an enterprise zone and constructed on or after June 1, 2010 and prior to January 1, 2012 (“electric power generation facility”. SECTION 4. If any provision of this Ordinance or Sections of the Pueblo Municipal Code hereby adopted or amended is determined by a court of competent jurisdiction to be invalid, such determination shall not invalidate the remaining provisions thereof. SECTION 5. This Ordinance shall become effective upon final passage and approval. INTRODUCED: May 24, 2010 BY: Vera Ortegon COUNCILPERSON PASSED AND APPROVED: June 14, 2010 Background Paper for Proposed ORDINANCE DATE: May 24, 2010 AGENDA ITEM # R-4 DEPARTMENT: Law Department Thomas J. Florczak, City Attorney TITLE AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XIV OF PUEBLO MUNICIPAL CODE RELATING TO SALES AND USE TAX AND EXEMPTING THEREFROM NEWLY CONSTRUCTED 200 OR MORE MEGAWATT ELECTRIC POWER GENERATION FACILITIES LOCATED IN AN ENTERPRISE ZONE ISSUE Should the City Council approve the Ordinance granting exemption from sales and use tax for tangible personal property purchased for or used in the construction and equipping of 200 or more megawatt electric power generation facilities located within an enterprise zone and constructed on or after June1, 2010 and prior to January 1, 2012? RECOMMENDATION This Ordinance should be approved to implement the incentive commitments made in the Annexation Agreement for the Black Hills power plant site. BACKGROUND The Ordinance grants sales and use tax incentives and exemptions for tangible personal property purchased or used in the initial construction and equipping of new 200 or more megawatt electrical power generation facilities located within an enterprise zone and constructed between June 2, 2010 and January 1, 2012. The granting of such exemption would encourage the construction and development of such facilities in an enterprise zone within the City thereby increasing the City’s tax base, availability of electric energy, and opportunities for employment for the citizens of the City. FINANCIAL IMPACT Under the Pre-Annexation Agreement with Black Hills/Colorado Electric Utility Company, LP and an affiliated company (collectively "Black Hills") the Company had paid the City $4.6 million in 2009 and will pay an additional $2.9 million in 2010 (total $7.5 million) in lieu of City sales and use taxes on the construction of the new power generation facilities located upon the annexed property. Upon annexation, the Black Hills facilities, which are located within the enterprise zone, will qualify for the exemption.