HomeMy WebLinkAbout11252Docusign Envelope ID: 72B1 BE6A-005C-8484-8212-5E5574551838
ORDINANCE NO. 11252
AN ORDINANCE SUBMITTING TO THE REGISTERED
ELECTORS OF THE CITY OF PUEBLO, COLORADO AT
THE COORDINATED MUNICIPAL ELECTION TO BE HELD
ON NOVEMBER 3, 2026, THE CITIZEN -INITIATED
QUESTION OF ADOPTING AN ORDINANCE AMENDING
TITLE XIV OF THE PUEBLO MUNICIPAL CODE TO
IMPOSE AN ADDITIONAL ONE -SIXTH OF ONE PERCENT
(0.167%) SALES TAX FROM JANUARY 1, 2027 THROUGH
DECEMBER 31, 2031 FOR THE OPERATIONS AND
CAPITAL IMPROVEMENT OF THE PUEBLO ZOO
WHEREAS, the City of Pueblo is a home rule municipality organized under Article
XX of the Colorado Constitution; and
WHEREAS, Article 18 of the Charter of the City of Pueblo reserves to the
registered electors the power of initiative to propose ordinances; and
WHEREAS, an initiative petition proposing an ordinance titled "An Ordinance
Amending Title XIV of the Pueblo Municipal Code Regarding the Adoption of a Zoo Tax"
was approved as to form by the City Clerk on April 27, 2026, was circulated, and was
determined by the City Clerk on June 23, 2026 to be sufficient, with 1,649 verified
signatures against the 1,331 required by Charter Section 18-2; and
WHEREAS, Charter Section 18-2 requires the City Council, upon a determination
of sufficiency, either to pass the proposed ordinance without alterations or to refer it to
the registered electors at an election held not less than sixty nor more than one hundred
fifty days after the final determination of petition sufficiency; and
WHEREAS, the two designated representatives of the proponents have consented
in writing to the relocation of the definition of "Pueblo Zoo" from Section 14-4-85.1(10),
PMC, to Section 14-4-21(46), PMC, with the text of the definition unchanged, and no other
change to the measure has been made; and
WHEREAS, the City Council has before it the substantive ordinance ("Ordinance
No. 11244"), attached hereto, which if adopted by the registered electors of the City would
impose an additional one -sixth of one percent (0.167%) sales tax from January 1, 2027
through December 31, 2031 for the operations and capital improvement of the Pueblo
Zoo; and
WHEREAS, the proposed measure imposes a new tax, and Article X, Section 20
of the Colorado Constitution requires that a new tax be approved by the registered
electors; and
WHEREAS, the November 3, 2026 coordinated municipal election will be held
within the period required by Charter Section 18-2. NOW, THEREFORE,
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BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that
SECTION 1
The question of adopting Ordinance No. 11244, and thereby imposing an
additional one -sixth of one percent (0.167%) sales tax from January 1, 2027 through
December 31, 2031 dedicated to the operations and capital improvement of the Pueblo
Zoo, shall be submitted to a vote of the registered electors of the City at the coordinated
municipal election to be held November 3, 2026. The measure is referred in the form
petitioned for, as provided by Charter Section 18-2 and C.R.S. § 31-11-104(1), with the
single correction to the placement of the definition of "Pueblo Zoo" consented to in writing
by the designated representatives of the proponents. The ballot question (submission
clause and title) therefore shall be as follows:
QUESTION NO. -ADDITIONAL ONE -SIXTH OF ONE PERCENT (0.167%) SALES
TAX for the operations and capital improvement of the Pueblo Zoo
SHALL THE CITY OF PUEBLO'S TAXES BE INCREASED BY UP TO $3,769,615.00
ANNUALLY (FIRST FULL FISCAL YEAR INCREASE) AND BY WHATEVER AMOUNTS
ARE RAISED ANNUALLY THEREAFTER, FOR FIVE YEARS FROM JANUARY 1, 2027
THROUGH DECEMBER 31, 2031, BY ADOPTING ORDINANCE NO. 11244 IMPOSING
AN ADDITIONAL ONE -SIXTH OF ONE PERCENT (0.167%) SALES TAX AND
ESTABLISHING A SPECIAL FUND FOR THE DEPOSIT OF SUCH REVENUES TO BE
SPENT ONLY FOR THE OPERATIONS AND CAPITAL IMPROVEMENT OF THE
PUEBLO ZOO; AND SHALL ALL REVENUES DERIVED FROM SUCH TAX BE
COLLECTED, RETAINED AND SPENT, NOTWITHSTANDING ANY LIMITATIONS
PROVIDED BY LAW, 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?
FOR THE ORDINANCE
AGAINST THE ORDINANCE
SECTION 2.
The officers and staff of the City are authorized and directed to take all action
necessary, appropriate or required to implement the provisions of this Ordinance,
including certification of the ballot title and question to the Pueblo County Clerk and
Recorder in accordance with C.R.S. § 1-5-203 and the intergovernmental agreement
between the City and Pueblo County, and the giving of the notice required by Article X,
Section 20(3)(b) of the Colorado Constitution.
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SECTION 3.
This Ordinance shall become effective on the date of final action by the Mayor and
City Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on July 27, 2026.
Final adoption of Ordinance by City Council on August 10, 2026.
DocuSigned by:
President of City Council
Action by the Mayor:
Q Approved on 08/11/2026
❑ Disapproved on
based on the following objections:
Signed by:
C4 G�i�t�.Y' taY
Mayor
Action by City Council After Disapproval by the Mayor:
❑ Council did not act to override the Mayor's veto.
❑ Ordinance re -adopted on a vote of on
❑ Council action on failed to override the Mayor's veto.
President of City Council
ATTEST Docusigneclby:
City Clerk
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City Clerk's Office Item # R8
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: August 10, 2026
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Clyde Bishop, City Clerk
FROM: Harley Gifford, Deputy City Attorney
SUBJECT: AN ORDINANCE SUBMITTING TO THE REGISTERED ELECTORS OF
THE CITY OF PUEBLO, COLORADO AT THE COORDINATED
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2026, THE
CITIZEN -INITIATED QUESTION OF ADOPTING AN ORDINANCE
AMENDING TITLE XIV OF THE PUEBLO MUNICIPAL CODE TO
IMPOSE AN ADDITIONAL ONE -SIXTH OF ONE PERCENT (0.167%)
SALES TAX FROM JANUARY 1, 2027 THROUGH DECEMBER 31, 2031
FOR THE OPERATIONS AND CAPITAL IMPROVEMENT OF THE
PUEBLO ZOO
SUMMARY:
Attached are two proposed Ordinances arising from a citizen initiative. The first, the
submission Ordinance, refers to the registered electors of the City of Pueblo, at the
November 3, 2026 coordinated municipal election, the question of adopting the second
Ordinance, which would amend Title XIV of the Pueblo Municipal Code to impose an
additional sales tax of one -sixth of one percent (0.167%) from January 1, 2027 through
December 31, 2031, with the revenues used solely for the operations and capital
improvement of the Pueblo Zoo. The City Clerk determined the initiative petition sufficient
on June 23, 2026, and Charter Section 18-2 requires the City Council to refer a sufficient
initiative petition to the electors without alterations.
PREVIOUS COUNCIL ACTION:
None. This is the first Council action on the citizen -initiated Zoo tax measure. The City
Clerk approved the initiative petition as to form on April 27, 2026 and determined it to be
sufficient on June 23, 2026.
BACKGROUND:
The Zoo tax measure originated as a citizen initiative under Article 18 of the City Charter.
The City Clerk approved the initiative petition as to form on April 27, 2026 and, following
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circulation, determined on June 23, 2026 that the petition was sufficient, with 1,649
verified signatures against the 1,331 required under Charter Section 18-2.
The measure adds new subsections to Section 14-4-85, PMC, imposing an additional
sales tax of one -sixth of one percent (0.167%) from January 1, 2027 through December
31, 2031, and creates a dedicated fund for the revenues, to be used solely for the
operations of the Pueblo Zoological Society or a successor organization and the capital
improvement of the Pueblo Zoo. The increase is imposed on the sales tax alone; it does
not amend the use tax schedule at Section 14-4-63, PMC.
Because the measure imposes a new tax, Article X, Section 20 of the Colorado
Constitution requires voter approval, and Charter Section 18-2 requires the Council,
upon a determination of sufficiency, either to adopt the measure without alterations or to
refer it to the electors at an election held not less than sixty nor more than one hundred
fifty days after the determination. The November 3, 2026 coordinated municipal election
falls within that window.
As circulated, the measure placed the definition of "Pueblo Zoo" in Section 14-4-85.1(10),
PMC, the definitions section of the economic -development capital improvement fund,
which does not use the term. The two designated representatives of the proponents have
consented in writing to relocate the definition to the general definitions section, Section
14-4-21(46), PMC, with its text unchanged. No other change to the measure has been
made.
Consistent with the City's practice for referred tax measures, the referral is presented as
two Ordinances: a submission Ordinance placing the question on the ballot and setting
the ballot title, and the substantive Ordinance that amends the Pueblo Municipal Code if
the measure is approved by the voters.
FINANCIAL IMPLICATIONS:
If approved by the voters, the measure would impose an additional sales tax of one -sixth
of one percent (0.167%) from January 1, 2027 through December 31, 2031. The
estimated revenue in the first full fiscal year is $3,769,615.00. The revenues would be
used solely for the operations and capital improvement of the Pueblo Zoo.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to these Ordinances.
STAKEHOLDER PROCESS:
The measure was placed before the electors by citizen initiative. The petition was
circulated and signed by registered electors of the City and determined sufficient by the
City Clerk. A public hearing on the submission Ordinance will be held as provided in
Charter Section 3-19.
ALTERNATIVES:
Charter Section 18-2 requires the Council either to adopt the measure without alterations
or to refer it to the electors. Because the measure imposes a new tax, it cannot be
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adopted without voter approval under Article X, Section 20 of the Colorado Constitution.
These Ordinances must be adopted in order to refer the citizen -initiated measure to the
voters.
RECOMMENDATION:
Adopt the Ordinances. Referral of the sufficient initiative petition to the electors is
required by Charter Section 18-2.
ATTACHMENTS:
Ordinance