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Home My WebLink About09764 ORDINANCE NO. 9764 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, 2022 TO DECEMBER 31, 2026; 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; CREATING A SPECIAL FUND FOR THE DEPOSIT OF SUCH REVENUES; FINDING AND DETERMINING THAT THE EXPENDITURE OF SUCH REVENUE FOR PRIMARY JOB CREATING CAPITAL IMPROVEMENT PROJECTS AND JOB TRAINING PROGRAMS ARE PUBLIC PURPOSES AND MUNICIPAL FUNCTIONS; AND PROVIDING FOR OTHER MATTER RELATING THERETO BE IT ORDAINED BY THE PEOPLE OF THE CITY OF PUEBLO, that (brackets indicate matter being deleted; underscoring indicates new matter being 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, 7464, 8197, 8902 and 9141) is hereby amended by amending subsections (e), (f) and (g) 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 this section 14-4-85, for the period January 1, 1992 through December 31, \[2021,\] 2026, 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 " 1992 to \[2021\] 2026 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 unappropriated balance of the Fund on December 31, \[2025\] 2030 shall be transferred to said Capital Improvement Fund. (g) Notwithstanding the three percent (3%) or three and one-half percent (3.5%) 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 (0.2%) for five (5) 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, \[2021\] 2022, 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 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, 7464, 8197, 8902 and 9147) is hereby amended by amending subsections (2) and (3) 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 the period January 1, 1992 through December 31, \[2021\] 2026, the rate of tax imposed pursuant to this Section shall be three and one-half percent (3.5%). (3) Notwithstanding the three percent (3%) or three and one-half percent (3.5%) 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 (0.2%) for five (5) 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, \[2021\] 2022, 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 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 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 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 10. The officers and staff of the City are authorized and directed to take all action necessary, appropriate or required to effectuate the provisions of this Ordinance. SECTION 11. Any revenues generated by the one-half percent 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. SECTION 12. This Ordinance shall become effective upon the majority vote in favor thereof by the registered electors of the City voting thereon at the Municipal Special Election to be held Tuesday, November 3, 2020. The extension of the tax levies as provided by this Ordinance shall take effect beginning January 1, 2022. Election Results: November 3, 2020 FOR THE ORDINANCE: 34,134 AGAINST THE ORDINANCE: 16,903