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AFFIDAVIT OF PUBLICATION
<br />State of Colorado
<br />County of Boulder
<br />I, the undersigned agent, do solemnly swear that the
<br />CAMERA is a daily newspaper printed, in whole or in part,
<br />and published in the City of Boulder, County of Boulder, State
<br />of Colorado, and which has general circulation therein and in
<br />parts of Boulder and Broomfield counties; that said newspaper
<br />has been continuously and uninterruptedly published for a
<br />period of more than six months next prior to the first
<br />publication of the annexed legal notice of advertisement, that
<br />said newspaper has been admitted to the United States mails as
<br />second-class matter under the provisions of the Act of March
<br />3, 1879, or any, amendments thereof, and that said newspaper
<br />is a daily newspaper duly qualified for publishing legal notices
<br />and advertisements within the meaning of the laws of the State
<br />of Colorado; that a copy of each number of said newspaper, in
<br />which said notice of advertisement was published, was
<br />transmitted by mail or carrier to each of the subscribers of said
<br />newspaper, according to the accustomed mode of business in
<br />this office.
<br />The annexed legal notice or advertisement was published
<br />in the regular and entire edition of said daily newspaper once;
<br />and that one publication of said notice was in the issue of said
<br />newspaper dated May 23, 2021.
<br />Agent
<br />Subscribed and sworn to before me this J.M `' day of
<br />May, 2021 in the County of Boulder, State of Colorado.
<br />ACCOUNT #: 1048836
<br />AD #1801901
<br />FEE: $126.72
<br />otary Public
<br />SHAYLA NAJERA
<br />NOTARY PUBLIC
<br />STATE OF COLORADO
<br />NOTARY ID 20174031965
<br />MY COMMISSION EXPIRES JULY 31, 2021
<br />continued from page 1
<br />B. Any applicant for the development of a housing project who believes that
<br />the application of this Chapter would affect such an unlawful taking may apply to
<br />the City Manager for an adjustment of the requirements imposed by this Chapter.
<br />Such application must state with specificity the adjustment requested and the legal
<br />basis therefor.
<br />C. If the City Manager determines that the application of the requirements
<br />of this Chapter would result in an unlawful taking of private property without just
<br />compensation, the City Manager may alter, lessen or adjust permanently affordable
<br />dwelling unit requirements as applied to the particular development under
<br />consideration such that there Is no unlawful uncompensated taking.
<br />D. If, after reviewing such application, the City Manager denies the relief
<br />sought by an applicant, the applicant may request an administrative hearing
<br />to seek relief from the provisions of this Chapter. Any such hearing shall be
<br />conducted by a hearing officer retained by the City. At such hearing, the burden of
<br />proof will be upon the applicant to establish that the fulfillment of the requirements
<br />of this chapter would affect an unconstitutional taking without just compensation
<br />pursuant to applicable law of the United States and the state of Colorado. If it is
<br />determined at such administrative hearing that the application of the requirements
<br />of this chapter would effect an illegal taking without just compensation, the
<br />City Manager will alter, lessen or adjust permanently affordable dwelling unit
<br />requirements as applied to the particular development under consideration such
<br />that no illegal uncompensated taking takes place.
<br />Section 2 If any portion of this ordinance is held to be invalid for any reason, such decision
<br />shall not affect the validity of the remaining portions of this ordinance. The City Council hereby
<br />declares it would have passed and approved this ordinance and each part hereof irrespective of the
<br />fact that any one part be declared invalid.
<br />Section 3. The repeal or modification of any provision of the Municipal Code of the City of
<br />Louisville by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part
<br />any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such
<br />provision, and each provision shall be treated and held as still remaining in force for the purpose of
<br />sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the
<br />penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order
<br />which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions.
<br />Section 4. All other ordinances or portions thereof inconsistent or conflicting with this
<br />ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict.
<br />Section 5. Any person convicted of violating this ordinance may be punished as set forth
<br />in 1.28.010 of the Louisville Municipal Code, as may be amended but which currently provides
<br />violations shall be punished by a tine of not more than $2,650.00, as shall be adjusted for inflation
<br />on January 1, 2014 and on January 1 of each year thereafter, or by imprisonment not to exceed
<br />364 days, or by both such fine and Imprisonment.
<br />INTRODUCED, READ, PASSED ON FIRST READING, AND ORDERED PUBLISHED this _
<br />day of 2021.
<br />Ashley Stolzmann, Mayor
<br />ATTEST:
<br />Meredyth Muth, City Clerk
<br />APPROVED AS TO FORM:
<br />Kelly PC
<br />City Attorney
<br />PASSED AND ADOPTED ON SECOND AND FINAL READING, this _ day of 2021.
<br />Ashley Stolzmann, Mayor
<br />ATTEST:
<br />Meredyth Muth, City Clerk
<br />Published: Daily Camera May 23, 2021 —1801901 page 2 of 2
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