Ordinance 2010-1575 - Laserfiche WebLink

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WHEREAS, the City Council finds that an increase in the City use tax rate to three and one -half percent (3.50 and extension of the City use tax to other types of property and services will produce additional revenues for needed facilities and services; and WHEREAS, the City Council finds that, unlike a number of area statutory and home rule jurisdictions, the City's current use tax is collected only upon two categories of property, that being nonresidential construction materials and vehicles; and WHEREAS, the City Council finds that City adoption of a use tax upon other categories of property and services will equalize tax treatment of property purchased outside the City but used or consumed within the City, which will remove a competitive disadvantage for some categories of City retailers and provide additional tax revenues for needed City services; and WHEREAS, the City Council finds that allocation of use tax revenues as provided for in this ordinance will also produce additional sustained revenues for open space and historic preservation purposes; and WHEREAS, Article X, Section 20 of the Colorado Constitution, also referred to as the Taxpayer's Bill of Rights "TABOR requires voter approval for any new tax, tax rate increase, tax policy change directly causing a net revenue gain, and the spending of certain funds above limits established by TABOR; and WHEREAS, pursuant to and as required by the Constitution and laws of the State of Colorado, it is necessary to have voter approval of a TABOR ballot issue concerning the imposition of the use tax provided for herein, and it is also necessary to have voter approval to allow funds collected through such use tax to be reserved for and carried over to subsequent years; and WHEREAS, TABOR requires that the City submit ballot issues, as defined in TABOR, to the City's registered electors on specified election days before action can be taken on such ballot issues; and WHEREAS, the City will hold a special municipal election on November 2, 2010 as part of the coordinated general election, and such date is one of the election dates at which TABOR ballot issues may be submitted to the registered electors of the City; and WHEREAS, City Council finds it is in the best interest of the City and its citizens to submit to the registered electors of the City the question of imposing a permanent City use tax at a rate of 3.50% upon the use, storage, distribution or consumption of any article of tangible personal property or taxable services purchased, leased or rented from sources outside the City, and upon rental of storage space within the City, as further stated in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LOUISVILLE, COLORADO: 2