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ORDINANCE NO. 9141
AN ORDINANCE AMENDING CHAPTER 4, TITLE XIV OF THE
PUEBLO MUNICIPAL CODE TO ESTABLISH AN ADDITIONAL
.
ONE-FIFTH PERCENT (2%) SALES AND USE TAX RATE,
AUTHORIZING AN INCREASE IN REVENUE OF UP TO $3.6
MILLION ANNUALLY (FIRST FULL FISCAL YEAR INCREASE)
AND BY WHATEVER AMOUNTS ARE RAISED ANNUALLY
THEREAFTER, FOR FIVE YEARS FROM JANUARY 1, 2018
THROUGH DECEMBER 31, 2022 AND FURTHER AUTHORIZING
THAT ALL REVENUES DERIVED FROM SUCH TAX, INCLUDING
INVESTMENT INCOME THEREON, BE COLLECTED, RETAINED
AND SPENT, NOTWITHSTANDING ANY LIMITATIONS
PROVIDED BY LAW, AS A VOTER APPROVED REVENUE
CHANGE AND AN EXCEPTION TO THE LIMITS WHICH WOULD
OTHERWISE APPLY PURSUANT TO ARTICLE X, SECTION 20
OF THE COLORADO CONSTITUTION OR ANY OTHER LAW
AND ESTABLISHING A SPECIAL FUND FOR THE DEPOSIT OF
SUCH REVENUES TO BE SPENT ONLY FOR POLICE
PERSONNEL AND OPERATING NEEDS
BE IT ORDAINED BY THE PEOPLE OF THE CITY OF PUEBLO, that (brackets indicate
matter being deleted; underscoring indicates new matter being added):
SECTION 2.
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,
7464 and 8197) is hereby amended by the addition of the following new subsections (g) and (h):
Sec. 14-4-85. Schedule; tax added to price.
. . .
(g) Notwithstanding the three percent or three and one-half percent rate
provisions of this Section, the rate of tax previously imposed pursuant to
Subsections 14-4-85(a) and (e) shall be increased by one-fifth percent (.2%) for five
years, from January 1, 2018 through December 31, 2022. Pursuant to the foregoing
increase, the rate of tax imposed pursuant to this Section for the period January 1,
2018 through December 31, 2021, shall be three and seven-tenths percent (3.7%).
For the period January 1, 2022 through December 31, 2022, the rate of tax imposed
pursuant to this Section shall be three and two-tenths percent (3.2%).
(h) The revenues from the additional one-fifth percent (.2%) sales and use
tax rate imposed by Sections 14-4-63(3) and 14-4-85(g) 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
“Sales and Use Tax Police Fund" (the "Fund"). The moneys in the Fund shall be
used solely for Police personnel and operating needs.
SECTION 3.
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, 7464 and 8197) is
hereby amended by the addition of the following new subsection (3):
Sec. 14-4-63. Storage, consumption and use tax schedule.
. . .
(3) Notwithstanding the three percent or three and one-half percent rate
provisions of this Section, the rate of tax previously imposed pursuant to the above
provisions of this Section shall be increased by one-fifth percent (.2%) for five
years, from January 1, 2018 through December 31, 2022. Pursuant to the foregoing
increase, the rate of tax imposed pursuant to this Section for the period January 1,
2018 through December 31, 2021, shall be three and seven-tenths percent (3.7%).
For the period January 1, 2022 through December 31, 2022, the rate of tax imposed
pursuant to this Section shall be three and two-tenths percent (3.2%).
SECTION 4.
The people of Pueblo do hereby find, determine and declare that the expenditure of
revenues from the additional one-fifth percent (.2%) sales and use tax rate for additional police
protection will 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 public safety is a
public purpose and municipal function.
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 the majority vote in favor thereof by the
registered electors of the City voting thereon at the General Municipal Election to be held
Tuesday, November 7, 2017. The tax levies of this Ordinance shall take effect beginning January
1, 2018.
SECTION 9.
The officers and staff of the City are authorized and directed to take all action necessary,
appropriate or required to implement the provisions of this Ordinance.
SECTION 10.
.
Any revenues generated by the additional one-fifth percent (2%) sales and use tax
imposed pursuant to this Ordinance, together with all investment income thereon, may be
collected, retained and spent as a voter-approved revenue change and an exception to the limits
which would otherwise apply pursuant to Article X, Section 20 of the Colorado Constitution or any
other law.
Municipal General Election, November 7, 2017
For the Ordinance 14,982
Against the Ordinance 8,324