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RESOLUTION N0.35 <br />SI±:RIES 2008 <br />A RESOLUTION REFERRING TO A VOTE OF THE REGISTERED <br />ELECTORS OF THE CITY OF LiDUISVILLE AT THE NOVEMBER 4, 2008, <br />SPECIAL MUNICIPAL ELECT:[ON A TABOR BALLOT ISSUE TO <br />AUTHORIZE THE IMPOSITION OF AONE-EIGHTH OF ONE PERCENT <br />(0.125%) SALES TAX TO PROVIDE REVENUES FOR HISTORIC <br />PRESERVATION PURPOSES <br />WHEREAS, the City of Louisville (the "City"), is a Colorado home rule <br />municipal corporation duly organized and existing under laws of the State of Colorado <br />and the City Charter (the "City Charter"'); and <br />WHEREAS, Article XX of the Colorado Constitution grants plenary power to <br />home rule cities to levy and collect taxes within the City limits; and <br />WHEREAS, pursuant to voter authorization, the City has previously adopted a <br />permanent sales tax of three percent (3%) and, for aten-year period commencing January 1, <br />2004, an additional three-eighths of one percent (0.375%) sales tax, with revenues from <br />such temporary tax being collected, rel:ained and spent exclusively for designated open <br />space, parks and other purposes; and <br />WHEREAS, the City Council finds and determines that the City and its residents <br />value the historic charm and character of Historic Old Town Louisville which is unique to <br />Louisville; and <br />WHEREAS, City Council finds that establishment of aone-eighth of one percent <br />(0.125%) sales tax, collected for aten-year period commencing January 1, 2009 and <br />dedicated for historic preservation purposes within Historic Old Town Louisville, will allow <br />the City to: (a) provide financial incentives to preserve historic resources, including <br />funding of programs to identify and attempt to preserve buildings which qualify for <br />listing on the Louisville Register of Historic Places; (b) provide financial incentives to <br />preserve buildings that contribute to the historic character of Old Town Louisville but do <br />not qualify for listing on Louisville Register of Historic Places, with such buildings to be <br />treated the same as historic buildings Y>ut with lower priority; and (c) provide financial <br />incentives for new buildings and developments within Historic Old Town Louisville to <br />limit mass, scale, and number of stories; to preserve setbacks; to preserve pedestrian <br />walkways between buildings; and to utilize materials typical of historic buildings, above <br />mandatory requirements; and <br />WHEREAS, Article X, Section 20 of the Colorado Constitution, also referred to <br />as the Taxpayer's Bill of Rights ("TABOR") requires voter approval for any new tax, any <br />tax policy change directly causing a net revenue gain, and the spending of certain funds <br />above limits established by TABOR; and <br />