Canon City Daily Record, A BILL FOR ORDINANCE NO. 8, SERIES OF 2015 AN ORDINANCE REFERRING TO THE ELIGIBLE ELECTORS OF THE CITY AT THE CITY'S NOVEMBER 3, 2015 GENERAL ELECTION THE QUESTION OF WHETHER THE CITY'S SALES AND USE TAX RATE SHOULD BE INCREASED BY ONE PERCENT (1%), WITH ALL THE REVENUE THEREFROM TO BE SPENT EXCLUSIVELY FOR THE CONSTRUCTION, RECONSTRUCTION, REPAIR AND MAINTENANCE OF STREETS, ROADS AND BRIDGES WITHIN THE CITY; FIXING THE BALLOT TITLE AND QUESTION; AND SETTING FORTH OTHER DETAILS RELATING THERETO. WHEREAS, the City of Canon City (the "City"), is a duly organized and existing home rule municipality of the State of Colorado, created and operating pursuant to Article XX of the Construction of the State of Colorado and the home rule charter of the City; and WHEREAS, the members of the Council of Canon City ("City Council") have been duly elected and qualified; and WHEREAS, Article X, Section 20 of the Colorado Constitution ("TABOR") requires voter approval for any new tax, the creation of any debt and for spending certain moneys above limits established by TABOR; and WHEREAS, City Council deems and determines that almost all of the City's streets are in need of maintenance and repair and/or reconstruction, and that existing and ongoing construction, reconstruction, repair and maintenance needs cannot be adequately funded through the use of existing City revenues and sources of revenue; and WHEREAS, City Council estimates that an increase in the City's sales and use tax rate-from 2.0% to 3.0%-will generate approximately $3,500,000 in new and additional revenues in calendar year 2016 and equal or greater amounts in subsequent years and has determined that the use of such additional revenues for the construction, reconstruction, repair and maintenance of streets, roads and bridges within the City will, over time, significantly improve the condition of streets, roads and bridges throughout the entire City; and WHEREAS, for the last several years the City has spent approximately $400,000 annually while attempting to maintain approximately 115 miles of paved streets within the City, which amount has proven to be insufficient given the magnitude of the City's street improvement needs; and WHEREAS, City Council reasonably estimates that a 1% increase in sales and use tax rates will generate not less than 7.5 times more revenue for street improvements annually than had historically been available, thereby enabling the City to implement in a more meaningful and timely manner its existing Pavement Management Plan that includes a preventive maintenance strategy as well as prioritization based on criteria that includes but is not limited to overall street condition, street designation, location and use, utility work and type of pavement; and WHEREAS, in 2014 the City Engineer's office completed a study-accessible on the City's website at City Hall and at the Canon City Library-that will be used to assist the City in determining which streets, roads and bridges will be given priority as additional funds become available for the construction, reconstruction, repair and maintenance of such streets, roads and bridges; and WHEREAS, City Council hereby determines that it is necessary to submit to the eligible electors of the City, at the City's General Election to be held on November 3, 2015, the ballot issue set forth in Section 2 below; and WHEREAS, it is necessary to set forth certain procedures concerning the conduct of the election. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF CANON CITY, COLORADO, as follows: Section 1 . All action heretofore taken (not inconsistent with the provisions of this ordinance) by the City and the officers thereof, directed towards the election and the objects and purposes herein stated is hereby ratified, approved and confirmed. Section 2 . At the General Election on November 3, 2015, the official ballot, including absentee, mail and all other legal forms of ballots, shall state the substance of the ballot issue to be voted upon and, so stated, shall constitute the ballot title, designation and submission clause, and each eligible elector voting at the election shall indicate his or her choice on the question submitted, which will be in the following form: SHALL THE CITY OF CANON CITY'S TAXES BE INCREASED BY $3,500,000 ANNUALLY (FIRST FULL FISCAL YEAR DOLLAR INCREASE), COMMENCING IN 2016, AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED ANNUALLY THEREAFTER, THROUGH A ONE PERCENT (1%) INCREASE IN THE CITY'S SALES AND USE TAX RATES (FROM 2.0% TO 3.0%) WITH THE REVENUES FROM SUCH INCREASE IN THE SALES AND USE TAX RATES TO BE USED EXCLUSIVELY FOR THE CONSTRUCTION, RECONSTRUCTION, REPAIR AND MAINTENANCE OF STREETS, ROADS AND BRIDGES WITHIN THE CITY OF CANON CITY (PROJECTED TO INCREASE THE CITY'S STREET MAINTENANCE BUDGET BY AT LEAST 7.5 TIMES THE CITY'S RECENT HISTORIC BUDGETS OF APPROXIMATELY $400,000 ANNUALLY WITH STREET MAINTENANCE PROJECTS TO BE PRIORITIZED AND CARRIED OUT IN ACCORDANCE WITH THE CITY'S PAVEMENT MANAGEMENT PLAN) AND SHALL THE FUNDS FROM SUCH TAX RATE INCREASE AND ANY INVESTMENT INCOME EARNED FROM SUCH FUNDS BE COLLECTED AND SPENT AS A VOTER-APPROVED REVENUE CHANGE UNDER SECTION 20 OF ARTICLE X OF THE COLORADO CONSTITUTION AND WITHOUT LIMITATION OR CONDITION UNDER ANY LAW? YES ______ NO ______ Section 3 . If a majority of the votes cast shall be in favor of the 1% increase in sales and use tax rates, as provided in such question, the City, acting through City Council, shall be authorized to proceed with the necessary action to increase such sales and use tax rates in accordance with such question and to ensure that all revenue raised by such sales and use tax rate increase shall be used exclusively for the street and road purposes identified in said question. Section 4 . Pursuant to Section 1-11-203.5, C.R.S., any election contest arising out of a ballot issue election concerning the order of the ballot or the form or content of the ballot title shall be commenced by petition filed with the proper court within five (5) days after the title of the ballot issue is set. Section 5 . If any section, paragraph, clause or provision of this ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall in no manner affect any remaining provisions of this ordinance. Section 6 . All ordinances or parts of ordinances that are in conflict herewith are hereby repealed, but only to the extent necessary to eliminate the conflict. This repealer shall not be construed to revive any ordinance or part of any ordinance heretofore repealed. Section 7 . The effective date of this ordinance shall be five (5) days following its adoption, or five (5) days following its final publication, whichever occurs later. BE ADVISED that the foregoing Bill for Ordinance No. 8, Series of 2015, will be considered for adoption on second reading at a regular meeting of the City Council to be held at 6:00 p.m. on Monday, August 17, 2015, at City Hall, 128 Main Street, at which time all persons wishing to speak will be heard. /s/Cathy Rabe, MMC, City Clerk City of Canon City, Colorado Published: Canon City Daily Record July 31, 2015 - 5652421
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