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ORDINANCE NO. 7043
AN ORDINANCE SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY OF PUEBLO,
COLORADO AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2003
A QUESTION RELATING TO THE EXTENSION OF THE ONE -HALF PERCENT SALES AND
USE TAX FOR FIVE YEARS, THE USE OF REVENUES FROM THE ONE -HALF PERCENT
SALES AND USE TAX, NOT TO EXCEED $17,000,000, TO FINANCE THE ACQUISITION,
CONSTRUCTION AND EQUIPPING OF PUBLIC SAFETY FACILITIES FOR USE BY THE
POLICE DEPARTMENT, FIRE DEPARTMENT, MUNICIPAL COURT AND RELATED
FUNCTIONS AND ACTIVITIES INCLUDING A POLICE BUILDING, SATELLITE POLICE
FACILITIES AND TWO FIRE STATIONS AND THE USE OF SUCH REVENUES IN EXCESS OF
$17,000,000 FOR JOB- CREATING CAPITAL IMPROVEMENT PROJECTS WITHIN THE CITY
AND PUEBLO MUNICIPAL AIRPORT BOUNDARIES, AND THE ADOPTION OF AN ORDINANCE
THEREFOR
WHEREAS, the City of Pueblo, Colorado (the "City ") presently imposes, pursuant to
Chapter 4, Title XIV of the Pueblo Municipal Code (the "Act'), a sales and use tax of three and
one - half - percent (3.5 %); and
WHEREAS, the revenues from one - half - percent (0.5 %) sales and use tax (of the three and
one - half - percent [3.5 %]) are deposited in a special fund known as the "1992 to 2006 Sales and
Use Tax Capital Improvement Projects Fund" (the "Fund "); and
WHEREAS, revenues from the one -half percent sales and use tax and moneys in the Fund
are currently used for job- creating capital improvement projects within the City of Pueblo and
Pueblo Memorial Airport boundaries ( "Job- Creating Capital Improvement Projects') ; and
WHEREAS, the City Council of the City has determined that continuing the one -half percent
sales and use tax for a five -year period would promote the public peace, health, safety and welfare
of the residents of the City; and
WHEREAS, the City is desperately in need of public safety facilities for use by the police
department, fire department, municipal court and related functions and activities including a police
building, satellite police facilities and two fire stations ('Public Safety Facilities "); and
WHEREAS, there is and will be adequate revenues from the one -half percent sales and
use tax and moneys in the Fund to finance the acquisition, construction and equipping of Public
Safety Facilities and for Job - Creating Capital Improvement Projects; and
WHEREAS, the City Council of the City has determined that the use of revenues from the
one -half percent sales and use tax and moneys in the Fund not to exceed $17,000,000 to finance
the acquisition, construction and equipping of Public Safety Facilities would promote the public
peace, health, safety and welfare of the residents of the City; and
WHEREAS, the City Council of the City has determined that the use of revenues from the
one -half percent sales and use tax and moneys in the fund in excess of $17,000,000 for Job-
Creating Capital Improvement Projects would promote the public peace, health, safety and welfare
of the residents of the City; and
WHEREAS, the City Council has proposed an ordinance ( "Ordinance No. 7004 ") which is
attached hereto and which if adopted by the voters would continue the one -half percent sales and
use tax for five years and authorize the expenditure of revenues collected from the one -half
percent sales and use tax since 2000 and thereafter for the following purposes (a) revenues not to
exceed $17,000,000 to finance the acquisition, construction and equipping of Public Safety
Facilities, and (b) revenues in excess of $17,000,000 for Job - Creating Capital Improvement
Projects; and
WHEREAS, Article X, Section 20 of the Colorado Constitution requires that the extension of
a tax be treated as a tax increase and adopted as an affirmative vote of the City's electorate; and
WHEREAS, the City desires to ask the electors of the City, pursuant to Section 18 -3 of the
Charter, to approve Ordinance No. 7004, thereby approving the continuation of the one -half
percent sales and use tax for five years and authorizing the expenditure of revenues from the one -
half percent sales and use tax since 2000 and thereafter 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. 7004 and thereby approving the continuation of
the one -half percent sales and use tax for five years and authorizing the expenditure of revenues
collected from the one -half percent sales and use tax since 2000 and thereafter for the following
purposes (a) revenues not to exceed $17,000,000 to finance the acquisition, construction and
equipping of Public Safety Facilities, and (b) revenues in excess of $17,000,000 for Job - Creating
Capital Improvement Projects shall be submitted to a vote of the registered electors of the City at
the City's general municipal election to be held on November 4, 2003. The ballot question
(submission clause and title) therefore shall be as follows:
QUESTION NO. (AUTHORIZING REVENUES FROM THE ONE -HALF PERCENT
SALES AND USE TAX TO BE USED FOR PUBLIC SAFETY FACILITIES AND
EXTENDING THE ONE -HALF PERCENT SALES AND USE TAX FOR FIVE YEARS)
SHALL CITY OF PUEBLO TAXES BE INCREASED BY $7,000,000 ANNUALLY,
COMMENCING IN 2007, AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED
ANNUALLY THEREAFTER, BY EXTENDING THE CITY'S ONE -HALF PERCENT SALES
AND USE TAX FOR A FIVE -YEAR PERIOD FROM JANUARY 1, 2007 THROUGH
DECEMBER 31, 2011; SHALL THE REVENUES FROM THE ONE -HALF PERCENT
SALES AND USE TAX SINCE 2000 AND THEREAFTER IN AN AMOUNT NOT TO
EXCEED $17,000,000 WITH A MAXIMUM EXPENDITURE OF $8,500,000 IN 2004 BE
USED TO FINANCE THE ACQUISITION, CONSTRUCTION AND EQUIPPING 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; SHALL THE REVENUES FROM THE ONE -
HALF PERCENT SALES AND USE TAX IN EXCESS OF $17,000,000 BE USED FOR
JOB - CREATING CAPITAL IMPROVEMENT PROJECTS WITHIN THE CITY AND THE
PUEBLO MEMORIAL AIRPORT BOUNDARIES AS A PUBLIC PURPOSE AND A
MUNICIPAL FUNCTION; SHALL ORDINANCE NO. 7004 WHICH INCORPORATES THE
FOREGOING AND RELATED MATTERS BE ADOPTED; AND SHALL THE REVENUES
FROM THE ONE -HALF PERCENT SALES AND USE TAX AND ANY INVESTMENT
INCOME THEREFROM BE COLLECTED AND SPENT AS A VOTER - APPROVED
REVENUE CHANGE AND AN EXCEPTION TO THE LIMITS WHICH WOULD
OTHERWISE APPLY PURSUANT TO SECTION 20 OF ARTICLE X OF THE COLORADO
CONSTITUTION OR ANY OTHER LAW?
YES
NO
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 August 11, 2003
BY Al Gurule
Councilperson
APPROVED: \ C/
President of City Council
ATTEST:
City rk
PASSED AND APPROVED August 25, 2003