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,
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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.
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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-
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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
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