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8189 - SUBMITTING to the electors of the City of Boulder at the regular municipal coordinated election to be held on Tuesday, November 7, 2017, the question of whether to extend the portion of the utility occupation tax on public utility companies that de1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE 8189 AN ORDINANCE SUBMITTING TO THE REGISTERED ELECTORS OF TI -IE CITY OF BOULDER AT TI -IE MUNICIPAL COORDINATED ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2017, THE QUESTION OF AUTHORIZING THE CITY COUNCIL TO EXTEND AND INCREASE THE UTILITY OCCUPATION TAX THAT WAS APPROVED BY TI -IE VOTERS IN NOVEMBER 2010 AND AMENDED IN NOVEMBER 2011 AND NOVEMBER 2015 ON PUBLIC UTILITY COMPANIES THAT DELIVER ENERGY TO CUSTOMERS IN THE FORM OF ELECTRICITY AND GAS AT THE RATE OF UP TO $4,000,000 IN THE YEAR 2018, AND $3,000,000 IN THE YEAR 2019, THE INCREASE AND EXTENSION OF THE TAX TO FUND COSTS ASSOCIATED WITH A MUNICIPAL ELECTRIC UTILITY; GIVING APPROVAL FOR THE COLLECTION, RETENTION, AND EXPENDITURE OF THE FULL TAX PROCEEDS AND ANY RELATED EARNINGS NOTWITHSTANDING ANY STATE REVENUE OR EXPENDITURE LIMITATION; SETTING FORTH THE BALLOT TITLE; AND SETTING FORTH RELATED DETAILS. BE IT ORDAINED BY TI -IE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO: Section 1. A municipal coordinated election will be held in the city of Boulder, county of Boulder and state of Colorado, on Tuesday, November 7, 2017. 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. Increase and Extend the Utility Occupation Tax SHALL CITY OF BOULDER TAXES BE INCREASED $4,000,000 ANNUALLY (IN THE FIRST YEAR) TI TROUGH AN INCREASE OF UP TO THAT AMOUNT IN TIIE CURRENT UTILITY OCCUPATION TAX IN THE YEAR 2018; AND $3,000,000 IN THE YEAR 2019; AND SHALL TIIE PORTION K:\CCCO\o-8 E 89 4111 Rdg-2675.docx OF THE CITY'S UTILITY OCCUPATION TAX APPROVED BY VOTERS ON NOVEMBER 1, 2011, WHICH IN 2017 WAS IN THE AMOUNT OF $2,015,710, 13E EXTENDED FROM ITS CURRENT EXPIRATION DATE OF DECEMBER 31, 2017 THROUGH DECEMBER 31, 2022; AND SHALL THE EXTENSION AND THE ANNUAL INCREASE IN THE TAX BE USED 10 FUND COSTS ASSOCIATED WITH A MUNICIPAL ELECTRIC UTILITY THAT WILL SUPPORT BOULDER'S CLEAN ENERGY GOALS AND THE COMMUNITY'S COMMITMENT TO THE PARIS CLCMATE AGREEMENT. IMPROVE SYSTEM RELIABILITY, AND CREATE ENERGY- RELATED BUSINESS OPPORTUNITIES, PROVIDED TI IAT IF THE CITY OF BOULDER DECIDES NOT TO PROCEED WITH A MUNICIPAI. ELECTRIC UTILITY, THE TAX SIIALL EXPIRE AFTER COSTS ASSOCIATED WITH TIIE MUNICIPAL UTILITY EFFORT ARE PAID; AND SIIALL TIIE INCREASED AND EXTENDED PORTION OF THE TAX BE SUBJECT `l 0 TI IE SAME TERMS AND CONDITIONS AS THE ORIGINAL TAX AND ALL EARNINGS THEREON (REGARDLESS OF AMOUNT) CONSTITUTE A VOTER APPROVED REVENUE CIIANGE, AND AN EXCEPTION TO THE REVENUE AND SPENDING LIMITS OF ARTICLE X, SECTION 20 OF TIIE COLORADO CONSTITUTION? FOR THE MEASURE AGAINST THE MEASURE Section 3. If this ballot measure is approved by the voters, the Charter shat] be so amended, and the City Council may adopt any necessary amendments to the Boulder Revised Code to implement this change. Section 4. 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. The tax established by this measure is intended to be authorized under any lawful means of taxation, including license taxation pursuant to city of Boulder Charter Section 122. Section 5. This ordinance is necessary to protect the public health, safety, and welfare of the residents of the city, and covers matters of local concern. K CCCO\o-8I894sh Rdp-2675 docx I 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 6. The city 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. INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY TITLE ONLY this 18t13 day of July 2017. Attest: Lyne Beck City Clerk 2017. Attest: Suzanne) nes Mayor READ ON SECOND READING, AMENDED AND PASSED this 1St day of August, Lyni'rclte Beck City Clerk K ICCCO10-8! 89 4111 Rdg-267$ docx • Suzann tones Mayor 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 READ ON THIRD READING, AMENDED AND PASSED this 151h day of August, 2017. Attest: nne,Jones Mayor f Lynne Beck Beck City Clerk 2017. Attest: READ ON FOURTI 1 READING, PASSED AND ADOPTED this 56 day of September, Lynnette Beck City Clerk 1`.'.CCCOIo-8189 4th R4-2675.docx Suzanne Jones Mayor