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HomeMy WebLinkAbout06572As Amended August 28, 2000 ORDINANCE NO. 6572 AN ORDINANCE SUBMITTING TO THE ELIGIBLE ELECTORS OF THE CITY OF PUEBLO, COLORADO AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 7, 2000, A QUESTION RELATING TO THE CONTINUATION OF THE 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 %]) is deposited in a special fund known as the "1992 to 2001 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, 2001; 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. 6566 "), 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 three 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. 6566 and thereby approve the continuance of the one -half percent sales and use tax for another three 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. 6566 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 special municipal election to be held on November 7, 2000. The ballot question (submission clause and title) therefor shall be as follows: QUESTION NO. _ - (ONE -HALF CENT SALES TAX EXTENSION) SHALL CITY OF PUEBLO TAXES BE INCREASED BY $6,100,000 ANNUALLY, COMMENCING IN 2002, AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED ANNUALLY THEREAFTER, BY ADOPTING ORDINANCE NO. 6566, THEREBY EXTENDING THE CITY'S ONE -HALF PERCENT SALES AND USE TAX, WHICH IS DEDICATED TO FUNDING JOB CREATING CAPITAL IMPROVEMENT PROJECTS, FOR A THREE YEAR PERIOD FROM JANUARY 1, 2002 THROUGH DECEMBER 31, 2004, TO BE SPENT TOGETHER WITH ALL INVESTMENT INCOME THEREFROM 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 -2- 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. ATTEST: " -'��Lzyc City Cyrk INTRODUCED: August 14, 2000 By Al Gurule Councilperson APP OVED: It President of the City Council -3- AUGUST 14, 2000 AGENDA - CITY COUNCIL BACKGROUND MEMORANDUM ORDINANCE SUBMITTING TO A VOTE OF THE PEOPLE AT THE NOVEMBER 7, 2000 SPECIAL MUNICIPAL ELECTION A QUESTION RELATING TO CONTINUING THE ONE -HALF PERCENT SALES AND USE TAX FOR FIVE YEARS The Ordinance refers to a vote of the registered electors at the November 7, 2000 special municipal election Ordinance No. 6566 (attached to the Ordinance) continuing the one -half percent sales and use tax for five years from January 1, 2002 through December 31, 2006 with the revenues to be used for job creating capital improvement projects within the City and Pueblo Memorial Airport. Ordinance No. 6566 determines that the use of revenues from the one -half sales and use tax for job creating capital improvement projects is a public purpose and municipal function. Ordinance No. 6566 also authorizes the City Council to establish criteria and standards for the appropriation and expenditure of such revenues.