HomeMy WebLinkAbout07004ORDINANCE NO. 7004
AN ORDINANCE AMENDING CHAPTER 4, TITLE XIV OF THE
PUEBLO MUNICIPAL CODE TO EXTEND THE THREE AND
ONE -HALF PERCENT SALES AND USE TAX RATE FOR A FIVE
YEAR PERIOD FROM JANUARY 1, 2007 THROUGH
DECEMBER 31, 2011; DEDICATING THE REVENUES FROM
THE ONE -HALF PERCENT SALES AND USE TAX RATE FOR
PUBLIC SAFETY FACILITIES IN AN AMOUNT NOT TO EXCEED
$17,000,000 AND ALL AMOUNTS IN EXCESS THEREOF FOR
JOB - CREATING CAPITAL IMPROVEMENT PROJECTS WITHIN
THE CITY AND THE PUEBLO MEMORIAL AIRPORT
BOUNDARIES; CREATING ASPECIAL FUND FOR THE DEPOSIT
OF SUCH REVENUES; FINDING AND DETERMINING THATTHE
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)
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, 1955, as amended by Ordinances Nos. 3160, 3474, 4235,
5170, 5314, 5668, 5810, 5978 and 6683) is hereby amended by making the following
changes to subsections (e) and (f) and adding a new subsection (g):
(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, [2006,] 2011 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 to 20061 Sales and Use Tax Capital
Improvement Projects Fund" (the "Fund "). Except as provided in subsection
(g) below [T] the moneys in the Fund shall be used solely for job- creating
capital improvement projects within the City and the Pueblo Memorial
Airport boundaries at such times and in such amounts and for such capital
improvement projects as the City Council 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, and subject to the Colorado
Constitution, 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 December 31, [2010]
2015 shall be transferred to said Capital Improvement Fund.
M Notwithstanding any provision of this Section to the contrary,
moneys in the Fund and revenues from the additional one -half percent sales
and use tax rate since 2000 and thereafter in an amount not to exceed
$17,000,000 with a maximum expenditure of $8,500,000 in 2004 are hereby
authorized to be used to finance the acquisition, construction and eauiooina
of public safety facilities for use by the police department, fire department,
municipal court and related functions and activities as determined by the
City Council including a police building satellite police facilities and two fire
stations.
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, 5978 and 6683) is hereby amended by making the following changes to
subsection (b):
(b) Notwithstanding the three percent rate provision of this section
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14 -4 -63, for the period January 1, 1992 through December 31, [2006,] 2011
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 boundaries 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 that 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, standards, rules and regulations for the
appropriation and expenditure of such revenues for job- creating capital
improvement projects within the City and the Pueblo Memorial Airport boundaries
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 the same may be amended by this
Ordinance.
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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 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 7
This Ordinance shall become effective 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, 2003.
November 4, 2003 Election Results:
FOR THE ORDINANCE 7982
AGAINST THE ORDINANCE
17281
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