HomeMy WebLinkAbout05999ORDINANCE NO. 5999
AN ORDINANCE SUBMITTING TO THE ELIGIBLE ELECTORS OF THE
CITY OF PUEBLO, COLORADO AT THE GENERAL MUNICIPAL ELECTION
TO BE HELD ON NOVEMBER 7, 1995, A QUESTION RELATING TO THE
CONTINUATION OF A ONE -HALF PERCENT SALES AND USE TAX FOR JOB
CREATING CAPITAL IMPROVEMENT PROJECTS WITHIN THE CITY AND
THE PUEBLO MEMORIAL AIRPORT BOUNDARIES AND THE ADOPTION OF
AN ORDINANCE TO EFFECT THE CONTINUATION
WHEREAS, the City of Pueblo, Colorado (the "City ") presently
imposes, pursuant to Chapter 4, Title XIV of the 1971 Code of
Ordinances of the City of Pueblo (the "Act "), a sales and use tax of
three and one -half percent (3.5 %); and
WHEREAS, a one -half percent (0.5 %) sales and use tax (of the
three and one -half percent [3.5 %1) is deposited in a special fund
known as the 11 1992 Sales and Use Tax Capital Improvement Projects
Fund" (the "Fund "); and
WHEREAS, moneys in the Fund are used for job creating capital
improvement projects within the City and the Pueblo Memorial Airport
boundaries; and
WHEREAS, the capital improvement projects funded by moneys from
the Fund have been successful in creating jobs and thereby promoting
the public peace, health, safety and welfare of the residents of the
City; and
WHEREAS, the Act was initially enacted by the voters of the City,
who also enacted ordinances creating and continuing the one -half
percent sales and use tax used to fund such capital improvements
projects; and
WHEREAS, the provisions in the Act effecting the one -half percent
sales and use tax presently expire on December 31, 1996; and
WHEREAS, the City Council of the City has determined that
continuing the one -half percent sales and use tax dedicated to job
creating capital improvement projects within the city and the Pueblo
Memorial Airport boundaries would promote the public peace, health,
safety and welfare of the residents of the City; and
WHEREAS, Section 18 -5 of the Charter of the City requires that
ordinances such as the Act, which have been adopted by an affirmative
vote of the electorate, be amended only upon a vote of the electorate
adopting the amending ordinance; and
WHEREAS, the City Council has proposed an ordinance ( "Ordinance
No. 5978 "), which is attached hereto and which if adopted by the
voters of the City would continue the one -half percent sales and use
tax for an additional five years; and
WHEREAS, Article X, Section 20 of the Colorado Constitution
requires that the continuation of a tax be treated as a tax increase
and adopted by an affirmative vote of the City's electorate; and
WHEREAS, the City desires to ask the electors of the City,
pursuant to Article X, Section 20 of the Colorado Constitution and
Section 18 -5 of the Charter, to approve Ordinance No. 5978 and
thereby approve the continuance of the one -half percent sales and use
tax for another five years 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. 5978 and thereby
continuing the one -half percent sales and use tax dedicated to job
creating capital improvement projects shall be submitted to a vote of
the eligible electors of the City at the City's general municipal
election to be held on November 7, 1995. The ballot question
(submission clause and title) therefor shall be as follows:
QUESTION NO. A - (ONE -HALF CENT SALES TAX EXTENSION)
SHALL CITY OF PUEBLO TAXES BE INCREASED BY $5,100,000
ANNUALLY, COMMENCING IN 1997, AND BY WHATEVER ADDITIONAL
AMOUNTS ARE RAISED ANNUALLY THEREAFTER, BY ADOPTING
ORDINANCE NO. 5978, THEREBY EXTENDING THE CITY'S ONE -HALF
PERCENT SALES AND USE TAX, WHICH IS DEDICATED TO FUNDING JOB
CREATING CAPITAL IMPROVEMENT PROJECTS, FOR A FIVE YEAR
PERIOD FROM JANUARY 1, 1997 THROUGH DECEMBER 31, 2001, TO BE
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,
AND BY CONTINUING TO DEDICATE THE REVENUES FROM THE ONE -HALF
PERCENT SALES AND USE TAX FOR JOB CREATING CAPITAL
IMPROVEMENT PROJECTS WITHIN THE CITY AND THE PUEBLO MEMORIAL
AIRPORT BOUNDARIES, CREATING A SPECIAL FUND FOR THE DEPOSIT
OF SUCH REVENUES, AND FINDING AND DETERMINING THAT THE
EXPENDITURE OF SUCH REVENUES FOR JOB CREATING CAPITAL
IMPROVEMENT PROJECTS IS A PUBLIC PURPOSE AND MUNICIPAL
FUNCTION?
FOR THE ORDINANCE
AGAINST THE ORDINANCE
SECTION 2
The officers of the City are authorized and directed to take all
action necessary, appropriate or required to effectuate the
provisions of this Ordinance.
SECTION 3
This Ordinance shall become effective upon final passage.
INTRODUCED: July 24, 1995
BY Samuel Corsentino
Councilperson
APPROVE
President of City Council
ATTEST:
City Cler