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Section 1. There shall be included on ballot for the City of Louisville regular election <br />to be held on November 5, 2019, the following ballot title <br />WITHOUT CREATING ANY NEW TAX OR INCREASING ANY CURRENT <br />TAX RATE, MAY THE CITY OF LOUISVILLE KEEP REVENUES THAT <br />OTHERWISE WOULD BE REFUNDED FOR EXCEEDING ESTIMATES <br />INCLUDED IN THE ELECTION NOTICE MAILED TO VOTERS FOR THE <br />2016 VOTER -APPROVED 0 15 PERCENT INCREASE IN SALES AND USE <br />TAX, WHETHER OR NOT SUCH REVENUES HAVE ALREADY BEEN <br />SPENT, AND CONTINUE TO COLLECT THE TAX AT THE PREVIOUSLY <br />APPROVED RATE, AND SPEND ALL REVENUES COLLECTED FOR <br />OPERATING AND MAINTAINING THE LOUISVILLE <br />RECREATION/SENIOR CENTER AND POOL FACILITIES AT MEMORY <br />SQUARE PARK? <br />YES <br />NO <br />Section 2. If a majority of the registered electors vote "yes" in response to the ballot <br />title set forth in Section 1 above, the City of Louisville shall keep revenues that otherwise would <br />be refunded for exceeding estimates included in the election notice mailed to voters for the 2016 <br />voter -approved 0 15 percent increase in sales and use tax, whether or not such revenues have <br />been spent, and continue to collect the tax at the previously approved rate, and spend all revenues <br />collected for operating and maintaining the Louisville Recreation/Senior Center and pool <br />facilities at Memory Square Park. <br />Section 3 If a majority of the registered electors vote "no" in response to the ballot <br />title set forth in Section 1 above, the City of Louisville shall refund revenues exceeding estimates <br />included in the election notice mailed to voters for the 2016 voter -approved 0 15 percent increase <br />in sales and use tax in accordance with TABOR Section 3(c), which revenues shall be refunded <br />in a manner to be determined by City Council. In addition, the rate of the tax increase shall be <br />reduced in accordance with TABOR Section 3(c) and the amendments to the Louisville <br />Municipal Code set forth in Ordinance No 1724, Series 2016, shall be repealed in their entirety <br />Section 4. If any portion of this ordinance is held to be invalid for any reason, such <br />decision shall not affect the validity of the remaining portions of this ordinance The City Council <br />and the registered voters of the City hereby declare that they would have passed and approved this <br />ordinance and each part hereof irrespective of the fact that any one part be declared invalid. <br />Section 5. The repeal or modification of any provision of the Municipal Code of the <br />City of Louisville by this ordinance shall not release, extinguish, alter, modify, or change in whole <br />or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred <br />under such provision, and each provision shall be treated and held as still remaining in force for the <br />purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the <br />enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any <br />Ordinance No 1778, Series 2019 <br />Page 2 of 3 <br />