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Ordinance No. 80561 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORDINANCE NO. 8056 AN ORDINANCE SUBMITTING TO THE ELECTORS OF THE CITY OF BOULDER AT THE REGULAR MUNICIPAL COORDINATED ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2015, THE QUESTION OF WHETHER TO EXTEND THE UTILITY OCCUPATION TAX ON PUBLIC UTILITY COMPANIES THAT DELIVER ENERGY TO CUSTOMERS IN THE FORM OF ELECTRICITY AND GAS THAT WAS PASSED BY THE VOTERS PURSUANT TO ORDINANCE NO. 7751 (AS AMENDED 13Y ORDINANCE NO. 7808) AT THE RATE $4.1 MILLION DOLLARS, BEGINNING JANUARY 1, 2011 BE EXTENDED FROM DECEMBER 31, 2017 TO DECEMBER 31, 2022; SETTING FORTH THE BALLOT TITLE; MAKING CONFORMING CHANGES TO THE BOULDER REVISED CODE; AND SETTING FORTH RELATED DETAILS. WHEREAS the City Council finds that: A. The franchise agreement between the City of Boulder and Public Service Company of Colorado ("PSCo"), adopted pursuant to Ordinance No. 5569 and adopted by the electorate in November 1993 expired on August 4, 2010 (the "Franchise"). B. The City and PSCo extended the terms of the Franchise pursuant to a revocable permit granted pursuant to the authority granted under Ordinance No. 7729 and under City Charter Section 115. C. The City does not have a franchise agreement with PSCo. The utility occupation tax is intended to replace revenue previously collected through the Franchise, including franchise fee payments to the City. D. The voters approved a ballot measure (Ordinance No. 7751 (2010)) that authorized the utility occupation tax to be collected until December 31, 2015. E. The voters approved a ballot measure (Ordinance No. 7808 (2011)) that extended that portion of the tax until December 31, 2017. K:.CCCO..o-8056 as passed-2391.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 F. It is appropriate for voters to approve the extension, the tax proposed by the ballot issue described below. G. The proposed measure title is a clear and concise statement, without argument or prejudice that is descriptive of the substance of the amendment and complies with the requirements of the City of Boulder Charter and the Boulder Revised Code, 1981. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO: Section 1. A regular municipal coordinated election will be held in the City of Boulder, county of Boulder and state of Colorado, on Tuesday, November 3, 2015. Section 2. The official ballot shall contain the following ballot title, which shall also be the designation and submission clause for the issue: BALLOT QUESTION NO. UTILITY OCCUPATION TAX EXTENSION Without raising additional taxes, shall that portion of the city's utility occupation tax on public utility companies that deliver electricity and natural gas to customers in the city that replaced the franchise fee paid by Public Service Company and supports general revenue needs of the city be extended from its current expiration date of December 31, 2017 and expire on December 31, 2022 with the revenues of the existing tax as extended being used to continue to support local government services, and shall the revenue from such tax extension and all earnings thereon (regardless of amount) constitute a voter approved revenue change, and an exception to the revenue and spending limits of Article X, Section 20 of the Colorado Constitution? FOR THE MEASURE AGAINST THE MEASURE K:,CCCO'.o-8056 as passed-2391.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2I 22 23 24 25 Section 3. If this ballot issue is approved by the voters, the City Council adopts the following amendments to Chapter 3-13 of the Boulder Revised Code to implement this utility occupation tax. Such amendments to the following sections of the occupation tax, to read: 3-13-1. - Legislative Purpose, Findings, and Intent. (a) Purpose. It is the purpose of this chapter to implement the city's utility occupation tax. (1) Passed by the voters on November 2, 2010, as a replacement for a fee paid under franchise agreement with a utility provider; (2) Amended by the voters on November 1, 2011, to increase the amount of the tax and extend the tax to December 31, 2017. (3) Further amended by the voters on November 3, 2015, to extend that portion of the tax that was initially. approved by the voters in 2010 until December 31. 2022. 3-13-2. - Imposition of Occupation Tax. (a) Payment of Tax Required. No utility delivering electricity and gas to residential, commercial, or industrial customers shall fail to pay to the city manager the utility occupation tax, prescribed by Subsection (c) of this section, unless such person is obligated to pay a comparable fee under a franchise agreement or other license or permit agreement with the city. (b) Original Tax Effective Date and Expiration Date. The utility occupation tax of $4,100,000 was effective January 1, 2011.i f pproved by the voters in 2010 for c 1 i 1 - -' _ .R.C. 1981, the tax shall ex irp a on •-- _ l.1S •.11.4 - 1 - December - December 31, 2022. B.R.C. 1.91L (c) Extension and Increase Dates. The increase in the amount of the utility occupation tax aph proved by te voters in 2011 for fundin f i f nWanning for both the creation of a municipal electric utility and acquiring an existing electric distribution system described in Section 3-13-9(b), shall be effective January 1, 2012, and expire on the earlier of: (1) December 31, 2017; (2) when the city decides not to create a municipal utility; or (3) when the city commences delivery of municipal electric utility services. (d) Tax Rate. The utility occupation tax effective January 1, 2014, shall be $6,180,000, and adjusted annually as provided in Section 3-13-3, "Adjustments," B.R.C. 1981. Section 4. If a majority of all the votes cast at the election on the issue submitted shall be for the issue, the issue shall be deemed to have passed and shall be effective upon passage, and it K:.CCCO',o-8056 as passed-2391.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 shall be lawful for the City Council to provide for the amendment of its tax code in accordance with the issue approved. Section 5. The election shall be conducted under the provisions of the Colorado Constitution, the charter and ordinances of the City, the Boulder Revised Code, 1981, and this ordinance, and all contrary provisions of the statutes of the state of Colorado are hereby superseded. Section 6. The officers of the City are authorized to take all action necessary or appropriate to effectuate the provisions of this ordinance and to contract with the county clerk to conduct the election for the City. Section 7. If any section, paragraph, clause, or provision of this ordinance shall for any reason be held to be invalid or unenforceable, such decision shall not affect any of the remaining provisions of this ordinance. Section 8. This ordinance is necessary to protect the public health, safety and welfare of the residents of the City, and covers matters of local concern. Section 9. The council deems it appropriate that this ordinance be published by title only and orders that copies of this ordinance be made available in the office of the city clerk for public inspection and acquisition. K:..000O.o-8056 as passed-2391.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY TITLE ONLY this 281h day of July, 2015. Attest: 4,0 City Clerk /01A Mayor Mayor // READ ON SECOND READING, PASSED, ADOPTED, AND ORDERED PUBLISHED BY TITLE ONLY this 1 s` day of September, 2015. Attest: City Clerk K: •.CCCO.o-8056 as passed-2391.doc Mayor