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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 -2- 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. -3- 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 Z's