HomeMy WebLinkAbout11001ORDINANCE NO. 11001
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, 2027
TO DECEMBER 31, 2031; 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; CREATING
A SPECIAL FUND FOR THE DEPOSIT OF SUCH
REVENUES; FINDING AND DETERMINING THAT THE
EXPENDITURE OF SUCH REVENUE FOR PRIMARY JOB
CREATING CAPITAL IMPROVEMENT PROJECTS AND
JOB TRAINING PROGRAMS ARE PUBLIC PURPOSES
AND MUNICIPAL FUNCTIONS; AND PROVIDING FOR
OTHER MATTER RELATING THERETO
BE IT ORDAINED BY THE PEOPLE OF THE CITY OF PUEBLO, that (brackets
indicate matter being deleted; underscoring indicates new matter being added):
SECTION 1,
Section 14-4-85 of Chapter 4, Title XIV of the Pueblo Municipal Code, as amended,
(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, 6683, 7464, 8197, 8902, 9141, 9764, and 10260) is hereby amended by
amending subsections (e), (f) and (g) thereof to read as follows:
Sec. 14-4-85. Schedule; tax added to price.
(a) There is imposed upon all sales of commodities and services specified in
Section 14-4-61 a tax at the rate of three percent (3%) of the amount of the sale, to be
computed in accordance with schedules or systems approved by the Director of Finance.
Said schedules or systems shall be designed so that no such tax is charged on any sale
of seventeen cents ($0.17) or less.
(b) Notwithstanding the three -percent rate provisions of Subsection (a) above
for the period of January 1, 1987, through December 31, 1991, the rate of tax imposed
pursuant to this Section shall be three and one-half percent (3.5%).
(c) Retailers shall add the tax imposed hereby, or the average equivalent
thereof, to the sale price or charge, showing such tax as a separate and distinct item, and
when added such tax shall constitute a part of such price or charge and shall be a debt
from the consumer or user to the retailer until paid and shall be recoverable at law in the
same manner as other debts; except that any retailer selling malt, vinous or spirituous
liquors by the drink may include in his or her sales price the tax levied under this Section,
but no such retailer shall advertise or hold out to the public in any manner, directly or
indirectly, that such tax is not included as part of the sales price to the consumer.
(d) The additional one -half -percent sales and use tax imposed by Section 14-
4-63(1) of this Chapter and Subsection (b) above, together with interest and penalties
with respect thereof, shall, upon collection and receipt by the City, be deposited and
placed in a special fund to be known as the "Sales and Use Tax Capital Improvement
Fund," to be used solely for capital improvement purposes at Pueblo Memorial Airport
including, without limitation, the aviation, commercial and industrial areas thereof. The
City Council may, in anticipation of collection of the revenues from the sales and use tax
increase, issue revenue bonds payable solely from the Sales and Use Tax Capital
Improvement Fund for the purpose of financing such capital improvements at Pueblo
Memorial Airport. The City Council may transfer the income from the investment of
moneys in the Sales and Use Tax Capital Improvement Fund to the Capital Improvement
Fund created under Section 7-16 of the Charter.
(e) Notwithstanding the three percent (3%) rate provision of paragraph (a) of
this Section 14-4-85, for the period January 1, 1992 through December 31, [2026] 2031,
the rate of tax imposed pursuant to section 14-4-85(a) shall be three and one-half percent
(3.5%).
(f) The revenues from the additional one-half percent ('/2) 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 [2026] 2031
sales and use tax capital improvement projects fund" (the "fund"). [t]The moneys in the
fund shall be used solely for primary job creating capital improvement projects within the
[c]City and the [p] Pueblo [m]Memorial [a]Airport boundaries and, incidentally, not
more than two percent (2%) of such revenues for primary job training programs of not
more than eight hundred dollars ($800.00) for each qualified employee at such times and
in such amounts and for such capital improvement projects and incidental job training
programs as the city council shall determine, provided, that monies in the fund
representing revenues from the additional one-half percent ('/2) sales and use tax rate
imposed prior to January 1, 2007 shall not be used for job training programs. the city
council may, in anticipation of the collection of the revenues from the additional one-half
percent ('/2) 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. [t] 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. [t]The unappropriated balance of the fund on December 31, [2030]
2035 shall be transferred to said Capital Improvement Fund.
(g) Notwithstanding the three percent (3%) or three and one-half percent
(3.5%) rate provisions of this Section, the rate of tax previously imposed pursuant to
Subsections 14-4-85(a) and (e) shall be increased by one -fifth percent (0.2%) from
January 1, 2018 through December 31, 2027. Pursuant to the foregoing increase, the rate
of tax imposed pursuant to this Section for the period January 1, 2018 through December
31, [2026] 2031, shall be three and seven -tenths percent (3.7%). For the period January
1, 2026 through December 31, 2027, the rate of tax imposed pursuant to this Section
shall be three and [two -tenths percent (3.2%)] seven -tenths percent 3.7% . For the
period Januaa 1 2028 through December 31 2031 the rate of tax imposed
pursuant to this Section shall be three and one-half percent 3.
(h) The revenues from the additional one -fifth percent (0.2%) sales and use tax
rate imposed by Sections 14-4-63(3) and 14-4-85(g) 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 Sales and
Use Tax Police Fund" (the "Fund"). The moneys in the Fund shall be used solely for Police
personnel and operating needs.
SECTION 2..
Section 14-4-63 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, 6683,
7464, 8197, 8902 and 9147, 9764, and 10260) is hereby amended by amending
subsections (2) and (3) thereof to read as follows:
Sec. 14-4-63. Storage, consumption and use tax schedule.
There is imposed and shall be collected from every person in the City a tax or excise
at the rate of three percent (3%) of storage or acquisition charges or costs for the privilege
of storing, using or consuming in the City any articles of tangible personal property
purchased at retail. Such tax shall be payable to and shall be collected by the Director of
Finance and shall be computed in accordance with schedules or systems approved by
the Director of Finance.
(1) Notwithstanding the three -percent rate provision of Section 14-4-63 of this
Chapter, for the period January 1, 1987, through December 31, 1991, the rate of tax
imposed pursuant to this Section shall be three and one-half percent (3.5%).
(2) Notwithstanding the three percent rate provision of this Section for the
period January 1, 1992 through December 31, [2026] 2031, the rate of tax imposed
pursuant to this Section shall be three and one-half percent (3.5%).
(3) Notwithstanding the three percent (3%) or three and one-half percent
(3.5%) rate provisions of this Section, the rate of tax previously imposed pursuant to the
above provisions of this Section shall be increased by one -fifth percent (0.2%) from
January 1, 2018 through December 31, 2027. Pursuant to the foregoing increase, the rate
of tax imposed pursuant to this Section for the period January 1, 2018 through December
31, 2027, shall be three and seven -tenths percent (3.7%). For the period January 1,
[2026] 2028 through December 31, [2027] 2031, the rate of tax imposed pursuant to this
Section shall be three and [two -tenths percent (3.2%)] one-half percent 3.5°l .
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 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 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. Until the
adoption of any new Ordinance subsequent to the effective date of this Ordinance, the
criteria, standards, rules and regulations heretofore adopted by City Council for
appropriation and expenditure of such revenues are hereby reaffirmed and ratified.
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.
SECTION 6.
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 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..
The officers and staff of the City are authorized and directed to take all action necessary,
appropriate or required to effectuate the provisions of this Ordinance.
SECTION 9.
Any revenues generated by the one-half percent sales and use tax imposed pursuant to
this Ordinance, together with all investment income thereon, may be collected, retained
and spent as a voter -approved revenue change and an exception to the limits which would
otherwise apply pursuant to Article X, Section 20 of the Colorado Constitution or any other
law.
SECTION 10.
This Ordinance shall become effective upon the majority vote in favor thereof by the
registered electors of the City voting thereon at the Municipal Special Election to be held
Tuesday, November 4, 2025. The extension of the tax levies provided by this Ordinance
shall take effect beginning January 1, 2026. Election Results: November 4, 2025
FOR THE ORDINANCE: 14,846 AGAINST THE ORDINANCE: 11,257
Election Summary Report
General Election
Pueblo
November 04, 2025
Summary for: All Contests, All Districts, All Tabulators, All Counting Groups
2025 COORDINATED ELECTION CANVASS OFFICIAL RESULTS
Voters Cast: 43,583 of 116,097 (37.54%)
City Council Member -At Large (Vote for 2)
Total
Times Cast
26,612 / 71,783
37.07%
Undervotes
7,102
Overvotes
41
Candidate Party
Total
Regina Maestri
5,589
12.14%
Colleen Grahek-Clark
5,219
11.34%
Brett Boston
8,116
17.63%
Evans Auden Gonzalez Garcia
4,397
9.55%
Tom Croshal
5,244
11.39%
Nathan Harper
5,843
12.69%
Selena Ruiz Gomez
11,632
25,26%
Total Votes
46,040
Total
Unresolved Write -In
0
Pueblo City Council Member -District 1(Vote for i)
Total
Times Cast
6,831 / 18,137
37.66%
Undervotes
545
Overvotes
133
Candidate
Party Total
Tiffany Estrada
1,394
22.66%
Kassidy Hall
1,943
31.58%
Dianne Danti
2,014
32.73%
Elvis R. Martinez
802
13.03%
Total Votes
6,153
Total
Unresolved Write -In
0
1/%',)/20215 1O.I & 1'7 A,M
Pueblo City Council Member -District 3 (Vote for i)
Total
Times Cast 9,459 / 20,019 47.25%
Undervotes 859
Overvotes 4
Candidate Party
Total
Joseph Perko
3,914 45.53%
Ted Hernandez
4,682 54.47%
Total Votes
8,596
Total
Unresolved Write -In
0
Member Pueblo Board of Water Works (Vote for 2)
Total
Times Cast 26,612 / 71,783 37.07%
Undervotes 10,489
Overvotes 5
Candidate Party
Total
Michael A. Cafasso
12,568
29.42%
Chris Woodka
12,652
29.61%
Philip J. Reynolds IV
8,865
20.75%
Dave DeCenzo
8,640
20.22%
Total Votes
42,725
Total
Unresolved Write -In
0
Pueblo Civil Service Commissioner (Vote for i)
Total
Times Cast
26,612 / 71,783 37.07%
Undervotes
3,727
Overvotes
8
Candidate
Party Total
Erick B. Javaneau
10,220 44.67%
Steven Rodriguez
12,657 55.33%
Total Votes
22,877
Total
Unresolved Write -In
0
I' a (), �, c')f 7
1 '101 817 AAA
Board of Education Director - D 70 - District III (Vote for iL)
Total
Times Cast
16,465 / 42,831 38.44%
Unciervotes
1,824
Ovprvotes
4
Candidate
Party Total
Michelle Enekson
8,085 55.24%
Samuel Ebersole
6,552 44.76%
Total Votes,
14,637
Total
Unresolved Write -In
0
Board of Education Director - D70 - District IV (Vote for i)
Total
Tirnes Cast
16,465 / 42,831
38.44%
Undervates
1,838
Overvotes
5
Candidate
Party Total
Chris DeLuca
4,083
27,92%
Mark Ernep/
5,543
3791%
Andrea Wade
4,996
3417%
Total Votes
14,622
Total
Unresolved Write -In
0
Board of Education Director - D70 - District V (Vote for i.)
Total
Times Cast 16,465 / 42,831 38.44%
Undemotes 2,380
Overvotes 2
Candidate Party Total
AnrT Bennett 7,650 54.32%
Jenna Conklin 6,433 45.68%
Total Votes 14,083
Total
Unresolved Write -In 0
Page: 4 of 7 11/25/2025 10:18:17 AM
Pueblo School District No. 6o School Director At -Large Four Year Term (Vote
for 2)
Total
Times Cast
27,018 / 73,054
36.98%
Undervotes
7,141
Overvotes
17
Candidate Party
Total
Derion Michael lbarra
7,933
16.93%
Rae Carnevale
7,808
16.66%
Lucretia (Robbie) Robinson
3,576
7.63%
Fred Galves
4,870
10.39%
Tommy Farrell
9,248
19.73%
Kathy DeNiro
7,304
15.59%
Daniel McHenry
6,122
13.06%
Total Votes
46,861
Total
Unresolved Write -In
0
Proposition LL (Statutory) (Vote for 1)
Total
Times Cast
43,583 / 116,097 37.54%
Undervotes
676
Overvotes
4
Candidate
Party Total
Yes/For
28,306 65.98%
No/Against
14,597 34.02%
Total Votes
42,903
Total
Unresolved Write-in
0
Proposition MM (Statutory) (Vote for i-)
Total
Times Cast
43,583 / 116,097 37.54%
Undervotes
553
Overvotes
5
Candidate
Party Total
Yes/For
25,257 58.70%
No/Against
17,768 41.30%
Total Votes
43,025
Total
Unresolved Write -In
0
Page: 5 of 7 1, 1/25/2025 10:18:17 Aih/l
QUESTION NO. 2A - CITY OF PUEBLO SALES AND USE TAX INCREASE FOR
THE GENERAL FUND (Vote r 1)
Total
Times Cast 26,612 / 71,783 37.07%
Undervotes 544
Overvotes 2
Candidate Party Total
Yes/For 4,967 19,06%
No/Against 21,099 80,94%
Total Votes 26,066
Total
Unresolved Write -In 0
QUESTION NO. 2B - EXTENSION OF THE ONE-HALF CENT SALES TAX FOR
ECONOMIC DEVELOPMENT (Vote for 0
Total
Times Cast 26,612 / 71,783 37.07%
Undervotes 507
Overvotes 0
Candidate Party Total
Yes/For 14,848 56.88%
No/Against 11,257 43.12%
Total Votes 26,105
Tota I
Unresolved Write -In 0
Ballot Question No. 2C - Charter Amendment - Change Form of Government to
Council -Manager (Vote for 1)
Times Cast
Undervotes
Overvotes
Candidate
Yes/For
No/Against
Total Votes
Unresolved Write -In
Total
26,612 / 71,783
525
4
Party Total
8,303
17,780
26,083
Total
0
37.07%
31.83%
68.17%
Page: 6 of 7 11 /25/2025 10:18:17 AM
Ballot Question No. 2 - Charter Amendment - Require Binding Interest
Arbitration instead of vote of the people for the other...(Vote for 1)
Total
Times Cast 26,612 / 71,783 37.07%
Undervotes 1,541
Overvotes 1
Candidate
Party Total
Yes/For
11,036 44.02%
No/Against
14,034 55.98%
Total Votes
25,070
Total
Unresolved Write -In 0
Ballot Question No. 2E - Charter Amendment - Municipal Officer Salary
Increase (Vote for i)
Total
Times Cast 26,612 / 71,783 37.07%
Undervotes 973
Overvotes 3
Candidate Party
Total
Yes/For
6,588 25.70%
No/Against
19,048 74,30%
Total Votes
25,636
Total
Unresolved Write -In
0
Ballot Question No. 2F - Charter Amendment - Making it easier for City
Employees to run for Public Office (Vote for 0
Times Cast
Undervotes
Overvotes
Candidate
Yes/For
No/Against
Total Votes
Unresolved Write -In
Total
26,612 / 71,783
1,065
2
Party Total
13,187
12,358
25,545
Total
0
37.07%
51.62%
48.38%
'�J( ,°,: T of /
Hanover Fire Protection District Ballot Issue 7A (Vote for 1)
Total
Times Cast
9 / 92
9.78%
Undervotes
0
Overvotes
0
Candidate Party
Total'
Yes/For
7
77.78%
No/Against
2
22.22%
Total Votes
9
Total
Unresolved Write -In
0
Hanover Fire Protection District Ballot Issue 7B (Vote for 0
Total
Times Cast
9 / 92 9.78%
Undervotes
0
Overvotes
0
Candidate Party
Total
Yes/For
7 77.78%
No/Against
2 22.22%
Total Votes
9
Total
Unresolved Write -In
0
Pueblo .Rural Fire Protection Ballot Issue 6A (Vote for i)
Total
Times Cast 4,119 / 9,698 42.47%
Undervotes 25
Overvotes 0
Candidate Party Total
Yes/For 2,282 55.74%
No/Against 1,812 44.26%
Total Votes 4,094
Total
Unresolved Write -In 0