HomeMy WebLinkAbout11242ORDINANCE NO.
AN ORDINANCE SUBMITTING TO THE ELIGIBLE ELECTORS
OF THE CITY OF PUEBLO, COLORADO AT THE COORDINATED
ELECTION TO BE HELD ON NOVEMBER 3, 2026, A QUESTION
RELATING TO THE IMPOSITION OF AN ADDITIONAL ONE -
QUARTER PERCENT (0.25%) SALES AND USE TAX RATE FOR
NON-PROFIT ENTITIES AND KEY CONTRACTUAL ENTITIES,
WITH PRIORITY GIVEN TO CONTRACTUAL OBLIGATIONS
OWED TO KEY CONTRACTUAL ENTITIES, AND THE
ADOPTION OF ORDINANCE NO. 11242 TO IMPLEMENT THE
TAX
WHEREAS, the City of Pueblo, Colorado (the "City") presently imposes, pursuant to Chapter 4 of
Title XIV of the Pueblo Municipal Code (the "Code"), a sales and use tax at the rate of three and
seven -tenths percent (3.7%); and
WHEREAS, the City does not presently have a dedicated source of revenue for payments to Non -
Profit Entities and Key Contractual Entities, which are presently supported through the General
Fund and through limited fees and charges; and
WHEREAS, the City Council of the City has determined and hereby finds and determines that the
imposition of an additional one -quarter percent (0.25%) sales and use tax rate dedicated to Non -
Profit Entity and Key Contractual Entity purposes 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. 11242), the text of which
is set forth in Section 1 below, which if adopted by the voters of the City would impose the
additional one -quarter percent (0.25%) sales and use tax rate dedicated to Non -Profit Entity and
Key Contractual Entity purposes; and
WHEREAS, Article X, Section 20 of the Colorado Constitution requires voter approval in advance
for any new tax; and
WHEREAS, Section 5-1-10 of the Pueblo Municipal Code authorizes the City Council, by
resolution or ordinance, to fix the ballot title for any referred measure submitted to the eligible
electors of the City; and
WHEREAS, Section 18-5 of the Charter of the City provides that an ordinance adopted by
electoral vote cannot be repealed or amended except by electoral vote, with the result that the
dedication of revenues from the new tax to Non -Profit Entity and Key Contractual Entity purposes
will be embodied in the Code and may not be redirected without subsequent approval by the
voters of the City; and
WHEREAS, the City desires to ask the electors of the City, pursuant to Article X, Section 20 of
the Colorado Constitution and Section 5-1-10 of the Pueblo Municipal Code, to approve
Ordinance No. 11242 and thereby impose the additional one -quarter percent (0.25%) sales and
use tax rate dedicated to Non -Profit Entity and Key Contractual Entity purposes; NOW,
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The question of adopting Ordinance No. 11242 and thereby imposing the additional one -quarter
percent (0.25%) sales and use tax rate dedicated to Non -Profit Entity and Key Contractual Entity
purposes shall be submitted to a vote of the eligible electors of the City at the coordinated election
to be held on November 3, 2026. The ballot question (submission clause and title) therefore shall
be as follows:
QUESTION NO.
(IMPOSITION OF ONE -QUARTER PERCENT SALES AND USE TAX FOR NON-PROFIT
ENTITIES AND KEY CONTRACTUAL ENTITIES)
SHALL THE CITY OF PUEBLO'S TAXES BE INCREASED BY $5,878,267.00
ANNUALLY (FIRST FULL FISCAL YEAR INCREASE) AND BY WHATEVER
AMOUNTS ARE RAISED ANNUALLY THEREAFTER, BEGINNING JANUARY 1,
2027, BY ADOPTING ORDINANCE NO. 11242 IMPOSING AN ADDITIONAL
ONE -QUARTER PERCENT (0.25%) SALES AND USE TAX AND
ESTABLISHING A SPECIAL FUND TO BE KNOWN AS THE "NON-PROFIT AND
KEY CONTRACTUAL ENTITIES SALES AND USE TAX FUND" FOR THE
DEPOSIT OF SUCH REVENUES TO BE SPENT SOLELY TO MAKE PAYMENTS
TO KEY CONTRACTUAL ENTITIES AND NON-PROFIT ENTITIES FOR
PURPOSES WITHIN THE CITY OF PUEBLO, WITH PRIORITY GIVEN TO
CONTRACTUAL OBLIGATIONS OWED BY THE CITY TO KEY CONTRACTUAL
ENTITIES, AND DEFINING KEY CONTRACTUAL ENTITY AND NON-PROFIT
ENTITY IN THE PUEBLO MUNICIPAL CODE, WHICH DEFINITIONS MAY BE
AMENDED BY THE CITY COUNCIL BY ORDINANCE, 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
The text of Ordinance No. 11242 is set forth as the Implementing Ordinance attached to this
Referral Ordinance and incorporated herein by reference as if fully set forth in this Section.
SECTION 2.
The officers and employees of the City are authorized to take all action necessary, appropriate,
or required to implement the provisions of this Ordinance, including without limitation the timely
certification of the ballot title set forth in Section 1 above to the Pueblo County Clerk and Recorder
for inclusion on the November 3, 2026 coordinated election ballot.
SECTION 3
This Ordinance shall become effective on the date of final action by the Mayor and City Council.