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HomeMy WebLinkAbout07840ORDINANCE NO. 7840 AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XIV OF THE PUEBLO MUNICIPAL CODE RELATING TO THE CREATION OF AN EXEMPTION FROM SALES AND USE TAX FOR DYED DIESEL FUEL WHEN USED IN CONSTRUCTION WHEREAS, in order to further the policy of encouraging growth and building construction within the City, the City Council declares that it would be in the best interest of the City to exempt from City sales and use tax dyed diesel fuel when used in construction. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter deleted, underscoring indicates matter added) SECTION 1 _ Section 76 of Chapter 4 of Title XIV of the Pueblo Municipal Code is hereby amended by the addition of a new subsection to read as follows: Sec. 14 -4 -76. Items exempt. The following classes of tangible personal property are exempt from taxation under this Chapter: Sales and purchases of dyed diesel fuel, as that term is defined in Section 39 -27- 101(8), C.R.S., for use in the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, dwellings, structures, roads, highways, or other changes or improvements to real property. SECTION 2_ Section 77 of Chapter 4 of Title XIV of the Pueblo Municipal Code is hereby amended by the addition of a new subsection to read as follows: Sec. 14 -4 -77. Items exempt from use tax. This tax or excise of the storage, consumption and use of tangible personal property is hereby declared to be supplementary to the City tax on retail sales as provided in this Chapter and shall not apply: To the storage use or consumption of dyed diesel fuel, as that term is defined in Section 39 -27- 101(8), C.R.S., for use in the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, dwellings, structures, roads, highways, or other changes or improvements to real property. SECTION 3. This Ordinance shall take effect immediately upon final passage and approval. INTRODUCED July 14, 2008 BY Judy Weaver Councilperson APPROVE �. i i l� l F'erf run i A S ECG Iay, � CLERK PASSED AND APPROVED: July 28, 2008 0 ? 9V �I D� Background Paper for Proposed ORDINANCE AGENDA ITEM # 3 -5' DATE: July 14, 2008 DEPARTMENT: Law Department TITLE AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XIV OF THE PUEBLO MUNICIPAL CODE RELATING TO THE CREATION OF AN EXEMPTION FROM SALES AND USE TAX FOR DYED DIESEL FUEL WHEN USED IN CONSTRUCTION ISSUE Should the City Council pass and approve the proposed Ordinance which exempts from sales and use tax dyed diesel fuel when used in construction? RECOMMENDATION See Background. BACKGROUND Pursuant to review and instruction from City Council, staff prepared this proposed Ordinance and submitted it to the proponents of such exemption. The proponents of the exemption have reviewed the proposed ordinance and communicated that it is acceptable. Staff takes no position with respect to recommending this Ordinance other than to advise City Council that, once enacted, this exemption from the sales and use tax cannot be rescinded other than by a vote of the people. FINANCIAL IMPACT There will be less sales and use tax revenues subject to collection but in an amount not presently known.