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<br />RESOLUTION NO. 29 <br />SERIES 2005 <br /> <br />A RESOLUTION REFERRING TO A VOTE OF THE REGISTERED ELECTORS OF <br />THE CITY OF LOUISVILLE AT THE NOVEMBER 1, 2005, ELECTION A TABOR <br />BALLOT ISSUE TO AUTHORIZE THE IMPOSITION OF THE CITY'S 3.375 <br />PERCENT USE TAX, CURRENTLY COLLECTED UPON NONRESIDENTIAL <br />BUILDING MATERIALS AND VEHICLES, UPON THE USE, STORAGE, <br />DISTRIBUTION OR CONSUMPTION OF ANY ARTICLE OF TANGIBLE PERSONAL <br />PROPERTY OR SERVICES PURCHASED, LEASED OR RENTED FROM SOURCES <br />INSIDE OR OUTSIDE THE CITY, ON WHICH THE CITY SALES TAX HAS NOT <br />BEEN PAID <br /> <br />WHEREAS, the City of Louisville (the "City"), is a Colorado home rule municipal <br />corporation duly organized and existing under laws of the State of Colorado and the City Charter <br />(the "City Charter"); and <br /> <br />WHEREAS, Article XX of the Colorado Constitution grants plenary power to home rule <br />cities to levy and collect taxes within the City limits; and <br /> <br />WHEREAS, pursuant to voter authorization, the City has previously adopted a permanent <br />use tax of three percent (3%), which tax is upon the privilege of using or consuming within the <br />city, construction and building materials purchased at retail for use in connection with <br />commercial, industrial or other nonresidential construction or building projects, and upon the <br />privilege of storing, using or consuming within the city any motor and other vehicles purchased <br />at retail on which registration is required; and <br /> <br />WHEREAS, pursuant to voter authorization at the November 5,2002, election, the City <br />has also increased the rate of such use tax by three-eights of one-percent (Ys %), such additional <br />tax to be imposed for a ten-year period commencing January 1, 2004 and the revenues therefrom <br />to collected, retained and spent exclusively for the acquisition of land in and around the City of <br />Louisville for open space buffer zones, trails, wildlife habitats, wetlands preservation and future <br />parks; and for the development, construction, operation and maintenance of such open space <br />zones, trails, wildlife habitats, wetlands and parks; and <br /> <br />WHEREAS, the City Council finds and determines that the City is in need of additional <br />revenues; and <br /> <br />WHEREAS, the City Council finds that imposition of the City use tax upon the use, <br />storage, distribution or consumption of other types of property and services will produce additional <br />revenues for needed facilities and services and that, unlike a number of area statutory and home rule <br />jurisdictions, the City's current use tax is collected only upon two categories of property, that being <br />nonresidential construction materials and vehicles; and <br /> <br />1 <br />