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ORDINANCE NO. 8197
AN ORDINANCE AMENDING CHAPTER 4, TITLE XIV OF
THE PUEBLO MUNICIPAL CODE TO EXTEND THE
ADDITIONAL ONE-HALF PERCENT SALES AND USE TAX
RATE FOR A FIVE YEAR PERIOD FROM JANUARY 1, 2012
THROUGH DECEMBER 31, 2016; DEDICATING THE
REVENUES FROM THE ONE-HALF PERCENT SALES AND
USE TAX RATE FOR PRIMARY JOB CREATING CAPITAL
IMPROVEMENT PROJECTS WITHIN THE CITY AND THE
PUEBLO MEMORIAL AIRPORT BOUNDARIES AND,
INCIDENTALLY, NOT MORE THAN TWO PERCENT OF
SUCH REVENUES FOR PRIMARY JOB TRAINING
PROGRAMS OF NOT MORE THAN $800.00 FOR EACH
QUALIFIED EMPLOYEE; CREATING A SPECIAL FUND FOR
THE DEPOSIT OF SUCH REVENUES; FINDING AND
DETERMINING THAT THE EXPENDITURE OF SUCH
REVENUES FOR PRIMARY JOB CREATING CAPITAL
IMPROVEMENT PROJECTS AND JOB TRAINING
PROGRAMS ARE PUBLIC PURPOSES AND MUNICIPAL
FUNCTIONS; AND PROVIDING FOR OTHER MATTERS
RELATING THERETO
BE IT ORDAINED BY THE PEOPLE OF PUEBLO, THAT: (brackets indicate matter
deleted; underscoring indicates matter added)
SECTION 1.
Section 14-4-85 of Chapter 4, Title XIV of the Pueblo Municipal Code, as amended,
(a portion of Section 13 of Ordinance No. 2189 approved by a vote of the People on
November 8, 1955, as amended by Ordinance Nos. 3160, 3474, 4235, 5170, 5314, 5668,
5810, 5978, 6683 and 7464) is hereby amended by amending subsections (e) and (f)
thereof to read as follows:
Sec. 14-4-85. Schedule; tax added to price.
. . .
(e) Notwithstanding the three percent rate provision of paragraph (a) of
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this section 14-4-85, for the period January 1, 1992 through December 31, 2011,
2016, the rate of tax imposed pursuant to section 14-4-85(a) shall be three and
one-half percent.
(f) The revenues from the additional one-half percent sales and use tax
rate imposed by sections 14-4-63(b) and 14-4-85(e) of this Chapter, including
interest and penalties with respect thereof, shall upon collection and receipt by the
City, be deposited and placed in a special fund hereby created to be known as the "
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1992 to 2011 2016 Sales and Use Tax Capital Improvement Projects Fund" (the
"Fund"). The moneys in the Fund shall be used solely for primary job creating
capital improvement projects within the City and the Pueblo Memorial Airport
boundaries and, incidentally, not more than two percent of such revenues for
primary job training programs of not more than $800.00 for each qualified employee
at such times and in such amounts and for such capital improvement projects and
incidental job training programs as the City Council shall determine, provided, that
monies in the Fund representing revenues from the additional one-half cent sales
and use tax rate imposed prior to January 1, 2007 shall not be used for job training
programs. The City Council may, in anticipation of the collection of the revenues
from the additional one-half percent sales and use tax rate, and subject to the
Colorado Constitution, issue revenue bonds payable solely from the moneys in the
Fund for the purpose of financing such capital improvement projects. The City
Council may transfer the income from the investment of moneys in the Fund to the
Capital Improvement Fund created by Section 7-16 of the Charter. The
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unappropriated balance of the Fund on December 31, 2015 2020 shall be
transferred to said Capital Improvement Fund.
SECTION 2.
Section 14-4-63 of Chapter 4, Title XIV of the Pueblo Municipal Code (Section 20 of
Ordinance No. 2189 approved by a vote of the People on November 8, 1955, as amended
by Ordinance Nos. 3160, 3474, 4734, 5170, 5314, 5668, 5810, 5978, 6683 and 7464) is
hereby amended by amending subsection (2) thereof to read as follows:
Sec. 14-4-63. Storage, consumption and use tax schedule.
. . .
(2) Notwithstanding the three percent rate provision of this Section for
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the period January 1, 1992 through December 31, 2011 2016, the rate of tax
imposed pursuant to this Section shall be three and one-half percent (3.5%).
SECTION 3.
The people of Pueblo do hereby find, determine and declare that the expenditure of
revenues from a one-half percent sales and use tax rate for primary job creating capital
improvement projects within the City and the Pueblo Memorial Airport boundaries and,
incidentally, not more than two percent of such revenues for primary job training programs
of not more than $800.00 for each qualified employee will (a) create employment
opportunities for the citizens of the City of Pueblo thereby reducing unemployment and
social evils associated therewith, (b) enhance the economic development of the City and
Pueblo Memorial Airport by the establishment of new businesses and commitments from
companies to operate new business facilities, and (c) promote the public peace, health,
safety and welfare. The people of Pueblo do further find, determine and declare that the
expenditure of such revenues for primary job creating capital improvement projects and
incidental primary job training programs are public purposes and municipal functions
notwithstanding that such expenditure may, directly or indirectly, aid, assist or benefit
private persons, corporations or other entities.
SECTION 4.
The City Council is authorized and directed to establish by Ordinance the criteria,
standards, rules and regulations for the appropriation and expenditure of such revenues
for primary job creating capital improvement projects and incidental primary job training
programs within the City and the Pueblo Memorial Airport boundaries and none of the
revenues shall be appropriated or expended except in conformity therewith. Until the
adoption of any new Ordinance subsequent to the effective date of this Ordinance, the
criteria, standards, rules and regulations heretofore adopted by City Council for
appropriation and expenditure of such revenues are hereby reaffirmed and ratified.
SECTION 5.
All ordinances relating to sales and use taxes heretofore adopted, amended or
implemented shall remain in full force and effect except as the same have been previously
amended or repealed or as the same may be amended by this Ordinance.
SECTION 6.
All ordinances, or parts thereof, inconsistent herewith are hereby repealed to the
extent of such inconsistency. This repealer shall not be construed to revive any ordinance,
or part thereof, heretofore repealed.
SECTION 7.
If any section, subsection, paragraph, clause or other provision of this Ordinance for
any reason is invalid or unenforceable, the invalidity or unenforceability of such section,
subsection, paragraph, clause or other provision shall not affect any of the remaining
provisions of this Ordinance.
SECTION 8.
This Ordinance shall become effective upon majority vote in favor thereof by the
registered electors of the City voting thereon at the Special Municipal Election to be held
Tuesday, November 2, 2010.
Election Results: November 2, 2010
FOR THE ORDINANCE 20,312
AGAINST THE ORDINANCE 10,832