HomeMy WebLinkAbout11241ORDINANCE NO. 11241
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
ROADS AND RELATED INFRASTRUCTURE, COMMITTING TO
COMPLETING CERTAIN HIGH -PRIORITY PROJECTS WITHIN
FIVE YEARS AFTER IMPLEMENTATION OF THE TAX,
REPEALING ORDINANCE NO. 9217 - THE PUEBLO STREET
REPAIR UTILITY ENTERPRISE, AND ADOPTING ORDINANCE
NO. 11241 TO IMPLEMENT THE TAX
WHEREAS, on August 14, 2017, by Ordinance No. 9150, City Council referred Ballot Question
No. 2C to the voters requesting voters' consent to the establishment of a Street Repair Utility
Enterprise; and
WHEREAS, at the general Municipal Election held on November 7, 2017, the voters of the City
of Pueblo passed Ballot Question 2C by a margin of 58% to 42%; and
WHEREAS, on December 26, 2017, by Ordinance No. 9217, City Council created the Pueblo
Street Repair Utility Enterprise; and
WHEREAS, on November 22, 2021, by Ordinance No. 10046, City Council suspended the
payment of monthly street repair utility service charges for 12 consecutive months, beginning with
each utility customer's January 2022 utility bill, and City Council has approved a suspension of
the fee each year thereafter; and
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 Infrastructure and
Roads, which is 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
Infrastructure and Roads 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. 11241), the text of which
is set forth in Section 1 below, which if adopted by the voters of the City would repeal the Pueblo
Street Repair Utility Enterprise and impose the additional one -quarter percent (0.25%) sales and
use tax rate dedicated to Infrastructure and Roads 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 Infrastructure and Roads 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. 11241 and thereby impose the additional one -quarter percent (0.25%) sales and
use tax rate dedicated to Infrastructure and Roads purposes; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1 _
The question of adopting Ordinance No. 11241 and thereby imposing the additional one -quarter
percent (0.25%) sales and use tax rate dedicated to Infrastructure and Roads 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 ROADS AND
RELATED INFRASTRUCTURE)
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. 11241 REPEALING ORDINANCE NO.
9217 - PUEBLO STREET REPAIR UTILITY ENTERPRISE, IMPOSING AN
ADDITIONAL ONE -QUARTER PERCENT (0.25%) SALES AND USE TAX, AND
ESTABLISHING A SPECIAL FUND TO BE KNOWN AS THE " ROADS AND
RELATED INFRASTRUCTURE SALES AND USE TAX FUND" FOR THE
DEPOSIT OF SUCH REVENUES TO BE SPENT SOLELY FOR ROADS AND
RELATED INFRASTRUCTURE PURPOSES WITHIN THE CITY OF PUEBLO,
AND SHALL PORTION OR ALL OF THE FUNDS BE USED WITHIN THE FIRST
FIVE YEARS, AS NEEDED, TO COMPLETE AT LEAST FIVE OF THE
FOLLOWING HIGH -PRIORITY PROJECTS WITHIN THE CITY OF PUEBLO:
29TH ST FROM DILLON DR TO HIGH ST; 29TH ST FROM HIGH ST TO LOWELL
AVE; ELIZABETH ST FROM RIDGE DR TO DILLON DR; ELIZABETH ST FROM
US -50 TO 29TH ST; ELIZABETH ST FROM 29TH ST TO 17TH ST; ELIZABETH ST
FROM 17TH ST TO CITY CENTER DR; JERRY MURPHY BLVD FROM
BON FORTE BLVD TO COLO. STATE HWY. 47; PRAIRIE AVE FROM MESA AVE
TO THATCHER AVE; ST. CLAIR AVE FROM PRAIRIE AVE TO COLO. STATE
HWY. 45; JONES AVE FROM HOLLYWOOD AVE TO LAKE AVE; JONES AVE
FROM LAKE AVE TO SCHLEY ST; LA VISTA DR FROM COLO. STATE HWY.
78 TO BRIDLE TRAIL; E. 8TH ST FROM SANTA FE AVE TO MONUMENT AVE;
E. 8TH ST FROM MONUMENT AVE TO CLOVIS ST; E. 12TH ST FROM
HUDSON AVE TO TROY AVE; LAKE AVE FROM INDIANA AVE TO COLO.
STATE HWY. 45; LAKE AVE FROM NORTHERN AVE TO INDIANA AVE; LAKE
AVE FROM ABRIENDO AVE TO NORTHERN AVE,
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. 11241 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