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HomeMy WebLinkAbout10519ORDINANCE NO. 10519 AN ORDINANCE SUBMITTING TO THE ELIGIBLE ELECTORS OF THE CITY OF PUEBLO, COLORADO AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 7, 2023, A QUESTION ESTABLISHING AN ADDITIONAL ONE AND ONE- HALF PERCENT LODGER’S TAX RATE FOR PROVIDING ACCESSIBLE AND AFFORDABLE CHILDCARE PROGRAMS FOR WORKING FAMILIES IN THE CITY OF PUEBLO WHEREAS, the City of Pueblo, Colorado (the "City") presently imposes lodger’s tax at the rate of four and three tenths percent (4.3%) pursuant to Chapter 9, Title XIV of the Pueblo Municipal Code; and WHEREAS, the City Council of the City hereby finds and determines that establishing an additional one and one-half percent (1.5%) lodger’s tax rate for providing accessible and affordable childcare programs for working families in the City will promote the public peace, health, safety and welfare; and WHEREAS, the City Council has proposed an ordinance ("Ordinance No. 10500"), which is attached hereto and which if adopted by the voters of the City would establish an additional one and one-half percent (1.5%) lodger’s tax rate; and WHEREAS, the City desires to ask the electors of the City, pursuant to Article X, Section 20 of the Colorado Constitution, to approve Ordinance No. 10500 and thereby establish an additional one and one-half percent (1.5%) lodger’s tax rate for the purposes stated above; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The question of adopting Ordinance No. 10500 and thereby establishing an additional one and one-half percent (1.5%) lodger’s tax rate dedicated to providing accessible and affordable childcare programs for working families in the City shall be submitted to a vote of the eligible electors of the City at the City's general election to be held on November 7, 2023. The ballot question (submission clause and title) therefore shall be as follows: QUESTION NO. 2A – ONE AND ONE-HALF PERCENT LODGER’S TAX for providing accessible and affordable childcare programs for working families in the City SHALL THE CITY OF PUEBLO'S TAXES BE INCREASED BY UP TO $625,000 ANNUALLY (FIRST FULL FISCAL YEAR INCREASE) AND BY WHATEVER AMOUNTS ARE RAISED ANNUALLY THEREAFTER, FOR FIVE YEARS FROM JANUARY 1, 2024 THROUGH DECEMBER 31, 2028, BY ADOPTING ORDINANCE NO. 10500 IMPOSING AN ADDITIONAL ONE AND ONE-HALF PERCENT LODGER’S TAX AND ESTABLISHING A SPECIAL FUND FOR THE DEPOSIT OF SUCH REVENUES TO BE SPENT ONLY FOR PROVIDING ACCESSIBLE AND AFFORDABLE CHILDCARE PROGRAMS FOR WORKING FAMILIES IN THE CITY AND, CONSISTENT WITH ORDINANCE NO. 9998 APPROVED AT THE 2021 MUNICIPAL GENERAL ELECTION OR AS OTHERWISE MAY BE REQUIRED, SHALL ALL REVENUES DERIVED FROM SUCH TAX 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? FOR THE ORDINANCE _____ AGAINST THE ORDINANCE SECTION 2. 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 3. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on July 24, 2023. Final adoption of Ordinance by City Council on August14, 2023. ____________________________ President of City Council Action by the Mayor: ☒ Approved on August 17, 2023 . ☐ Disapproved on ______________ based on the following objections: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ____________________________ Mayor Action by City Council After Disapproval by the Mayor: ☐ Council did not act to override the Mayor's veto. ☐ Ordinance re-adopted on a vote of ____________, on _____________ ☐ Council action on _______ failed to override the Mayor’s veto. ____________________________ President of City Council ATTEST ________________________________ City Clerk City Clerk's Office Item # R12 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: August 14, 2023 TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Bob Jagger, Acting City Attorney SUBJECT: AN ORDINANCE SUBMITTING TO THE ELIGIBLE ELECTORS OF THE CITY OF PUEBLO, COLORADO AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 7, 2023, A QUESTION ESTABLISHING AN ADDITIONAL ONE AND ONE-HALF PERCENT LODGER’S TAX RATE FOR PROVIDING ACCESSIBLE AND AFFORDABLE CHILDCARE PROGRAMS FOR WORKING FAMILIES IN THE CITY OF PUEBLO SUMMARY: Attached is a proposed Ordinance requested by Council Member Sarah Martinez referring a ballot question to the voters of the City of Pueblo at the November 7, 2023 general municipal election establishing an additional one and one-half percent (1.5%) lodger’s tax rate dedicated to providing accessible and affordable childcare programs for working families in the City. PREVIOUS COUNCIL ACTION: Not applicable to this Ordinance. BACKGROUND: According to the 2021 Colorado Health Access Survey, nearly one in five (17.8%) families in Pueblo County reported not being able to access child care when they needed it. The lack of accessible and affordable childcare in the City is significant and contributes to lower employment, lower incomes and increased dependence on public support. The proposed ordinance would allow the voters to approve establishing an additional one and one-half percent (1.5%) lodger’s tax rate dedicated to providing accessible and affordable childcare programs for working families in the City. This lodging tax increase will generate approximately $625,000 annually, and the tax increase is limited to a period of five years from 2024 through 2028. According to the June 26, 2023 Work Session presentation, it is estimated that every $1 spent equals more than $2.33 in economic benefits and that the tax increase will only result in a $.21 cent increase per night on visitor’s receipts. The use of such funds will not only promote higher employment among parents of young children which will bolster family income and family health but also the City’s economy. An example of the potential use of such funds could be an agreement with Pueblo Community College supporting the Children First Child Care Resource and Referral program or other programs and services that Council may direct. FINANCIAL IMPLICATIONS: It is anticipated that the additional 1.5% lodger’s tax will generate up to approximately $625,000 in 2024 and each subsequent year, subject to fluctuation in lodger’s tax revenue collected during those years. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Members of the public are the primary stakeholders affected by the proposed Ordinance. The issue of establishing an additional 1.5% lodger’s tax has been discussed at the June 26, 2023 work session. ALTERNATIVES: This Ordinance must be adopted in order to refer the ballot measure to the voters. RECOMMENDATION: This is a tax policy matter to be submitted to the vote of the people. ATTACHMENTS: 1. Proposed Sales and Use Tax Ordinance