HomeMy WebLinkAbout07464ORDINANCE NO. 7464
AN ORDINANCE AMENDING CHAPTER 4, TITLE XIV OF THE
PUEBLO MUNICIPAL CODE TO EXTEND THE ADDITIONAL
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
PRIMARY JOB CREATING CAPITAL IMPROVEMENT
PROJECTS WITHIN THE CITY AND THE PUEBLO MEMORIAL
AIRPORT BOUNDARIES AND, INCIDENTALLY, NOT MORE
THAN TWO PERCENT OF SUCH REVENUES FOR PRIMARY
JOB TRAINING PROGRAMS OF NOT MORE THAN $800.00
FOR EACH QUALIFIED EMPLOYEE; CREATING A SPECIAL
FUND FOR THE DEPOSIT OF SUCH REVENUES; FINDING AND
DETERMINING THAT THE EXPENDITURE OF SUCH REVENUES
FOR PRIMARY JOB CREATING CAPITAL IMPROVEMENT
PROJECTS AND JOB TRAINING PROGRAMS ARE PUBLIC
PURPOSES AND MUNICIPAL FUNCTIONS; AND PROVIDING
FOR OTHER MATTERS RELATING THERETO
BE IT ORDAINED BY THE PEOPLE OF PUEBLO, THAT: (brackets indicate matter
deleted; underscoring indicates matter added)
CFC'Tinw 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 Ordinance Nos. 3160, 3474, 4235,
5170, 5314, 5668, 5810, 5978 and 6683) is hereby amended by making the following
changes to subsections (e) and (f):
(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 [2006] 2011 Sales and Use Tax Capital
Improvement Projects Fund'' (the ''Fund ''). The moneys in the Fund shall be
used solely for primary_j creating capital improvement projects within the
City and the Pueblo Memorial Airport boundaries and, incidentally, not more
than two percent of such revenues for primary_job training programs of not
more than $800.00 for each qualified employee at such times and in such
amounts and for such capital improvement projects and incidental job
training pro__ rcl ams as the City Council shall determine, provided, that monies
in the Fund representing revenues from the additional one -half cent sales
and use tax rate imposed prior to January 1, 2007 shall not be used for job
training pro__ rcl ams 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.
SECTION 2
Section 63 of Chapter 4, Title XIV of the Pueblo Municipal Code (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
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 primary
job creating capital improvement projects within the City and the Pueblo Memorial
Airport boundaries and, incidentally, not more than two percent of such revenues
for primary job training programs of not more than $800.00 for each qualified
employee will (a) create employment opportunities for the citizens of the City of
Pueblo thereby reducing unemployment and social evils associated therewith, (b)
enhance the economic development of the City and Pueblo Memorial Airport by
the establishment of new businesses and commitments from companies to operate
new business facilities, and (c) promote the public peace, health, safety and
welfare. The people of Pueblo do further find, determine and declare that the
expenditure of such revenues for primary job creating capital improvement
projects and incidental primary job training programs are public purposes and
municipal functions notwithstanding that such expenditure may, directly or
indirectly, aid, assist or benefit private persons, corporations or other entities.
SECTION 4
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 primary job creating capital improvement projects and
incidental primary job training programs within the City and the Pueblo Memorial
Airport boundaries and none of the revenues shall be appropriated or expended
except in conformity therewith.
SECTION 5
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.
CF('Tlr)KI A
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.
CF('Tlr)KI 7
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 8
This Ordinance shall become effective upon majorityvote in favorthereof by
the registered electors of the City voting thereon at the Special Municipal Election
to be held Tuesday, November 7, 2006.
November 7, 2006 Election Results:
For the Ordinance 21,350
Against the Ordinance 11,017