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HomeMy WebLinkAbout05668ORDINANCE NO. 5668 AN ORDINANCE AMENDING CHAPTER 4, TITLE XIV OF THE 1971 CODE OF ORDINANCES TO CONTINUE THE THREE AND ONE -HALF PERCENT SALES AND USE TAX RATE FOR A FIVE YEAR PERIOD FROM JANUARY 1, 1992 THROUGH DECEMBER 31, 1996; DEDICATING THE REVENUES FROM A ONE -HALF PERCENT SALES AND USE TAX RATE FOR JOB CREATING CAPITAL IMPROVEMENT PROJECTS WITHIN THE CITY AND THE PUEBLO MEMORIAL AIRPORT; CREATING A SPECIAL FUND FOR THE DEPOSIT OF SUCH REVENUES; AUTHORIZING THE CITY COUNCIL TO ISSUE REVENUE BONDS PAYABLE SOLELY FROM THE SPECIAL FUND FOR THE PURPOSE OF FINANCING SUCH CAPITAL IMPROVEMENT PROJECTS; FINDING AND DETER- MINING THAT THE EXPENDITURE OF SUCH REVENUES FOR JOB CREATING CAPITAL IMPROVEMENT PROJECTS IS A PUBLIC PURPOSE AND MUNICIPAL FUNCTION; AND PROVIDING FOR OTHER MATTERS RELATING THERETO BE IT ORDAINED BY THE PEOPLE OF PUEBLO, that: (brackets indicate matter deleted; underscoring indicates matter added) gPrTTnN 1 _ Section 85, Chapter 4, Title XIV of the 1971 Code of Ordinances of the City of Pueblo (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 and 5314) is hereby amended by the addition of the following new subsections (e) and (f): (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, 1996, 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 Sales And Use Tax Capital Improvement Projects Fund" (the "Fund "). The moneys in the Fund shall b e used solely for job creating capital - improve- ment projects within the City and the Pueblo Memorial Airport at such times and in such amounts and for such capital improvement projects as the City shall determine. The City Council may, in anticipation of the collection of the revenues from the additional one -half percent sales and use tax rate, 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 De cember 31, 2006 shall be transferred to said Capital Improvement Fund. SECTION 2 Section 63 of Chapter 4, Title XIV of the 1971 Code of Ordinances of the City of Pueblo (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 and 5314) is hereby amended by the addition of the following subsection (b): (b) Notwithstanding the three percent rate provision of this section 14 -4 -63, for the period January 1, 1992 through December 31, 1996, the rate of tax imposed pursuant to this section 14 -4 -63 shall be three and one -half percent 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 job creating capital improvement projects within the City and the Pueblo Memorial Airport will promote the public peace, health, safety and welfare and that the expenditure of such revenues for job creating capital improvement projects is a public purpose and municipal function notwithstanding such expenditure may, directly or indirectly, aid, assist or benefit private persons, corporations or other entities. The City Council is authorized and directed to establish by Ordinance the criteria, -2- standards, rules and regulations for the appropriation and expenditure of such revenues for job creating capital improvement projects and none of the revenues shall be appropriated or expended except in conformity therewith. SECTION 4 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 same may be amended by this Ordinance. SECTION 5 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 6 If any section, subsection, paragraph, clause or other provi- sion 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 7 This Ordinance shall become effective upon majority vote in favor thereof by the registered electors of Pueblo voting thereon at the Special Municipal Election to be held Tuesday, June 11, 1991. TJ 50.9 -3- ORDINANCE NO. 56 AN ORDINANCE CALLING A SPECIAL MUNICIPAL ELEC- TION FOR TUESDAY, JUNE 11, 1991, REFERRING ORDINANCE NO. 5668 RELATING TO SALES AND USE TAX TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF PUEBLO AT SUCH SPECIAL MUNICIPAL ELECTION, AND PROVIDING FOR ELECTION PROCE- DURES AND OTHER MATTERS WITH RESPECT THERETO BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: cPrmrntJ 1 _ A special municipal election is hereby called under Article 18 of the Charter of the City of Pueblo, relating to the referendum, for Tuesday, June 11, 1991. SECTION 2. There is hereby submitted to a vote of the registered electors of the City of Pueblo at the special municipal election to be held June 11, 1991 proposed Ordinance No. 5668, a copy of which is attached hereto and incorporated herein as if set out herein in full. The ballot title to be submitted to a vote of the registered electors shall be in the following form: SALES AND USE TAX Should Ordinance No. 5668 amending the City's sales and use tax ordinances to continue the three and one -half percent sales and use tax rate for a five year period from January 1, 1992 through December 31, 1996, to dedicate the revenues from a one -half percent sales and use tax rate for job creating capital improvement projects within the City and the Pueblo Memorial Airport, to create a special fund for the deposit of such revenues, to authorize the issuance of revenue bonds payable solely from the special fund for the purpose of financing such capital improvement projects, and to find and determine that the expenditure of such revenues for job creating capital improvement projects is a public purpose and municipal function, be approved? FOR THE ORDINANCE: AGAINST THE ORDINANCE: (any registered elector of the City of Pueblo desiring to vote on the above proposal shall indicate his or her vote by marking the ballot where indicated "FOR THE ORDINANCE" or "AGAINST THE ORDINANCE ") SECTION 3 Except as herein otherwise provided, expressly or by implica- tion, the special election shall be held and conducted as nearly as practicable in conformity with the provisions of the Pueblo Election Code (Chapter 1, Title V of the 1971 Code of Ordinances of the City of Pueblo, as amended). SECTION 4 The City Clerk shall give public notice in both English and Spanish of the special election once in The Pueblo Chieftain (a daily newspaper of general circulation in the City), which notice shall contain the full text of Ordinance No. 5668 and the regis- tration requirements in connection therewith. SECTION 5 The City Council does hereby adopt the optional registration plan provided for in Section 17 -9 of the Charter of the City of Pueblo and as set forth in the City's Municipal Election Code and hereby determines and declares that voting machines are not available and all votes at the special municipal election shall be taken, recorded and tabulated by use of an electronic voting system. SECTION 6 All ordinances, including the Pueblo Election Code, resolu- tions, rules, regulations or bylaws, or parts thereof, inconsis- -2- tent with this Ordinance or any provision hereof are superseded and suspended by the conflicting provisions of this Ordinance for and during the time the special municipal election called hereby is held and conducted. SECTION 7. This Ordinance shall become effective upon final passage. INTRODUCED: April 22 , 1991 ATTEST: ity Clerk By KENNETH HUNTER Councilperson APPROVED: re nt of the City Council TJ 51.12 -3-