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Home My WebLink About06212ORDINANCE NO. 6212 AN ORDINANCE AMENDING CHAPTER 4, TITLE XIV OF THE 1971 CODE OF ORDINANCES OF THE CITY OF PUEBLO TO INCREASE THE SALES AND USE TAX RATE BY ONE - QUARTER PERCENT FOR A PERIOD OF TWENTY YEARS; DEDICATING THE REVENUE FROM THE ONE - QUARTER SALES AND USE TAX RATE INCREASE TO FINANCING NEW, OR THE RENOVATION OF EXISTING POLICE STATIONS, MUNICIPAL COURT AND DATA PROCESSING FACILITIES, AND FOR POLICE, COURT AND DATA PROCESSING CAPITAL IMPROVEMENTS, INCLUDING NECESSARY FURNITURE, FIXTURES AND EQUIPMENT, AND OTHER NECESSARY MUNICIPAL CAPITAL IMPROVEMENTS; AND PROVIDING FOR OTHER MATTERS RELATING THERETO BE IT ORDAINED BY THE PEOPLE OF PUEBLO, THAT: (brackets indicate matter deleted; underscoring indicates matter added) SECTION 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, 1995, as amended by Ordinance Nos. 3160, 3474, 4235, 5170, 5314, 5668, 5810 and 5978) is hereby amended by making the following changes to subsections (a) and (e) and adding the following subsection (g) thereto: (a) There is imposed upon all sales of commodities and services specified in Section 14 -4 -61 a tax at the rate of three and one - quarter percent for the period January 1. 1998 through December 31, 2017, and thereafter at the rate of three percent of the amount of the sale, to be computed in accordance with schedules or systems approved by the Director of Finance. Said schedules or systems shall be designed so that no such tax is charged on any sale of [seventeen] sixteen cents or less. (e) Notwithstanding the three and one - quarter percent rate provision of paragraph (a) of this section 14 -4 -85, for the period January 1, 1992 through December 31, 2001, the rate of tax imposed pursuant to section 14- 4 -85(a) shall be three and [one -half] three - quarters percent. (g) The revenues from one - quarter percent of the three and one - quarter percent sales and use tax rate imposed by sections 14 -4 -63 and 14- 4 -85(a) of this Chapter for the period January 1, 1998 through December 31, 2017, 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 "Municipal Capital Improvement Fund" (the "Fund "). The moneys in the Fund shall be used solely for the following p=oses: financing new, or the renovation of existing police stations, municipal court and data processing facilities, and for police, court and data processing capital improvements, including necessary furniture, fixtures and equipment. and other necessary municipal capital improvements as the City Council shall determine. The City Council may, in anticipation of the collection of the revenues from said one - quarter percent sales and use tax rate and subject to the Colorado Constitution, issue revenue bonds payable solely from the moneys in the Fund for such p=oses. 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, 5314, 5668, 5810 and 5978) is hereby amended by making the following changes to section 14 -4 -63 and subsection (b) thereof. There is imposed and shall be collected from every person in the City a tax or excise at the rate of three and one - quarter percent for the period January, 1998 through December 31, 2017, and thereafter at the rate of three percent of storage or acquisition charges or costs for the privilege of storing, using or consuming in the City any articles of tangible personal property purchased at retail. Such tax shall be payable to and shall be collected by the Director of Finance and shall be computed in accordance with schedules or systems approved by the Director of Finance. (b) Notwithstanding the three and one - quarter percent rate provision of this section 14 -4 -63, for the period January 1, 1992 through December 31, 2001, the rate of tax imposed pursuant to this section 14 -4 -63 shall be three and [one -half) three - quarters percent. SECTION 3 -2- 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 4 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 ordinances, or part thereof, heretofore repealed. SECTION 5 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 6 This Ordinance shall become effective January 1, 1998 upon majority vote in favor thereof by the registered electors of the City voting thereon at the General Municipal Election to be held Tuesday, November 4, 1997. -3- A RESOLUTION CERTIFYING THE VOTES AND DECLARING THE RESULTS OF VOTING AT THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 4, 1997 (OFFICIAL SURVEY OF RETURNS) WHEREAS, the Board of Elections met on November 8, 1997 as the Canvassing Board of the General Municipal Election held in conjunction with a Coordinated Election in the City of Pueblo, Colorado on November 4, 1997, pursuant to Section 5 -1 -115 of the 1971 Code of Ordinances of the City of Pueblo, as Amended; and WHEREAS, the Board of Elections proceeded to canvass the votes cast at said General Municipal Election and to make an abstract thereof; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ELECTIONS, that: SECTION 1 The following votes are unanimously certified: COUNCIL PERSON - AT LARGE (Two to be elected) Patrick Avalos 8,389 Corinne Koehler 10,250 Bill Sova 8,870 COUNCIL PERSON - DISTRICT ONE (One to be elected) Gerry O. DeYoung 1,202 Robert Schilling 1,887 Nash Garcia 1,383 COUNCIL PERSON - DISTRICT THREE (One to be elected) Sam Corsentino 2,467 Rich Golenda 3,953 CIVIL SERVICE COMMISSIONER (One to be elected) Lou Lazo 14,139 BOARD OF WATER WORKS (Two to be elected) Robert Stillman 12,007 Verdon Johnson 11,858 QUESTION 2A (1/4 Cent Sales Tax) FOR 2,848 AGAINST 15,600 SECTION 2: The following persons, having received the greatest number of votes, are declared to be duly elected to the office set opposite their respective names for terms beginning on or after January 1, 1998: Corinne Koehler Bill Sova Robert Schilling Rich Golenda Michael Stillman Verdon Johnson Louis Lazo SECTION 3: Council Person At -Large Council Person At -Large Council Person District One Council Person District Three Member, Board of Water Works Member, Board of Water Works Civil Service Commissioner (a) On Question No. 2A, One - Quarter Percent Sales Tax Increase; the greatest number of votes were cast AGAINST the Ordinance; therefore, Ordinance No. 6212 FAILED. . The statements from the abstract of votes prepared by the City Clerk are hereby approved and each member of the Board of Election shall affix his /her signature thereto, certifying same to be correct and shall endorse and subscribe on such statements their certification of determination required by Section 5 -1- 119(1) of the 1971 Code of Ordinances of the City of Pueblo, as amended. Adopted this 7th day of November, 1997. BOARD OF ELECTIONS: B. Gloria Escorcia, Member Frank Petrocco, Gina DL&her, Member City Clerk