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HomeMy WebLinkAbout07043Substituted Copy 8125103 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