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Home My WebLink About13080 City Clerk’s Office Item # Q-3 Background Paper for Proposed Resolution COUNCIL MEETING DATE: October 14, 2014 TO: President Sandra K. Daff and Members of City Council VIA: Gina Dutcher, City Clerk FROM: Ami Nawrocki, City Council Vice-President SUBJECT: A RESOLUTION IN SUPPORT OF BALLOT QUESTION NO. 200 TO BE DECIDED BY THE ELIGIBLE ELECTORS OF THE CITY OF PUEBLO, COLORADO AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2014 SUMMARY: Attached is a proposed Resolution in support of the Public Safety Tax Question to be decided by the voters of the City of Pueblo at the November 4, 2014 Special Municipal Election. PREVIOUS COUNCIL ACTION: On August 25, 2014, by Resolution No. 13039, the City Council submitted to the eligible electors of the City, Ballot Question No. 200, to be decided at the upcoming November 4, 2014 election. BACKGROUND: Petition representatives Josh Martin and Doug Martin, on behalf of Puebloans United for Public Safety collected sufficient signatures under Section 18-1 and Section 18-2 of the City Charter to qualify Ballot Question No. 200 as an initiative to be submitted to the voters of the City of Pueblo. Ballot Question No. 200 would increase taxes by imposing an additional sales tax of one-half percent as a public safety tax for a five year period from January 1, 2015 through December 31, 2019 and would adopt Ordinance No. 8741 to implement the new tax. The text of Ballot Question No. 200 and Ordinance No. 8741 are as follows: Question No. 200 (Public Safety Tax) SHALL THE CITY OF PUEBLO'S TAXES BE INCREASED BY $6.7 MILLION ANNUALLY (FIRST FULL FISCAL YEAR INCREASE) AND BY WHATEVER AMOUNTS ARE RAISED ANNUALLY THEREAFTER, BY IMPOSING AN ADDITIONAL SALES TAX OF ONE-HALF PERCENT AS A PUBLIC SAFETY TAX FOR A FIVE YEAR PERIOD FROM JANUARY 1, 2015 THROUGH DECEMBER 31, 2019 AND SHALL TITLE XIV OF THE CITY MUNICIPAL CODE BE AMENDED BY THE ADDITION OF A NEW CHAPTER 12 BY THE ADOPTION OF ORDINANCE NO. 8741? YES _____ NO _____ SECTION 1. Title XIV of the Pueblo Municipal Code, as amended, is amended by the addition of a new Chapter 12 thereto, to read as follows: CHAPTER 12 Sec. 14-12-1 Intent. The People of Pueblo hereby declare that on the effective date of this ordinance there shall be an additional one-half percent (.5%) sales tax added to the rate in Section 14-4-85 for the purpose of increasing funding for public safety. One-half of the tax collected shall be added to the budget of the fire department and one-half shall be added to the budget of the police department. Sec. 14-12-2 Impact on Fire and Police Department Budgets. (a) It is the specific intent of the People of Pueblo that the money raised from this public safety tax be an addition to the budgets of the fire and police departments and that the amount raised by this tax shall not be offset by reductions in these budgets. Money raised from this public safety tax shall not be used for wage or benefit increases of existing personnel. (b) Furthermore, the budgets for the fire and police departments shall increase annually by a minimum of the percentage increase in the City’s sales tax revenue or decrease annually by a maximum of the percentage decrease in the City’s sales tax revenue. Sec. 14-12-3 Oversight Committee There is hereby created an oversight committee consisting of three firefighters below the rank of assistant chief, three police officers below the rank of captain and three citizens. The firefighters shall be appointed by the bargaining agent for the firefighters, the police officers shall be appointed by the bargaining agent for the police officers and the citizens shall be appointed by the City Council. Appointments will be for staggered 3 year terms. The purpose of the oversight committee is to ensure that the intent of this Chapter is met each year in the fire and police department budgets and that the money raised by this tax is used for public safety. The oversight committee shall have access to all data and information it needs to fulfill this purpose. If the oversight committee believes that the intent of this Chapter is not being met, it shall present its concerns at a public meeting of the City Council as soon as practical. Sec. 14-12-4 This tax shall expire in five years, December 31, 2019. FINANCIAL IMPLICATIONS: The amount of tax revenue that the measure will generate is subject to speculation; however, for the purpose of TABOR compliance, it is anticipated that the tax revenues in the first year will not exceed $6.7 million. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: Not applicable. Puebloans for Public Safety submitted this ballot question as an initiative under the City Charter. ALTERNATIVES: The City Council could remain neutral and not recommend approval or rejection of Ballot Question No. 200. RECOMMENDATION: Council member Ami Nawrocki recommends approval of this Resolution. RESOLUTION NO. 13080 A RESOLUTION IN SUPPORT OF BALLOT QUESTION NO. 200 TO BE DECIDED BY THE ELIGIBLE ELECTORS OF THE CITY OF PUEBLO, COLORADO AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2014 BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The City Council of the City of Pueblo supports that Ballot Question No. 200 be decided by the voters at the special municipal election to be held on November 4, 2014. SECTION 2. This Resolution shall become effective immediately upon final passage. INTRODUCED: October 14, 2014 BY: Ami Nawrocki COUNCILPERSON