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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