|
PUBLIC NOTICE
<br />ORDINANCE NO.1941. SERIES 2622
<br />council of the city ofL oOUISVilthat
<br />le tColo ado, hold olar n February 15, 2'M
<br />City Counciof
<br />held a Pubil HeaNnO�oRnS he pasLSWaOi eWand adoption the
<br />proposed emergency Ordinance fta 1842, Series 2022,
<br />AN EMERGENCY ORDINANCE EXEMPTING CONSTRUCTION MATERI-
<br />FROM
<br />UfAX DDmRKREIED FOR
<br />OHOMEES AMAAGEODESOYD NTN
<br />MARSHALL FIRE BURN AREA
<br />INTRODUCED READ PASSED AND ADOPTED AS AN EMERGENCY OR-
<br />DINANCE ANa ORD911:E13 PUBLISHED IN FULL this 3M DAY OF OCTO-
<br />BER. 2022.
<br />Dennis Maloney, Mayor Pro TOM
<br />ATTEST:
<br />Meredyth Muth, City Clerk
<br />Published with full ordinance in the Daily Camera 10/9l2Z.
<br />ORDINANCE N0,1841
<br />SERIES 2=
<br />AN EMERGENCY ORDINANCE EXEMPTING CONSTRUCTION MATERI-
<br />ALS FROM THE CNTYS USE TAX FOR BUILDING PERMITS ISSUED FOR
<br />RECONSTRUCTION OF HOMES DAMAGED OR DESTROYED IN THE
<br />MARSHALL FIRE BURN AREA
<br />WHEREAS, an December 30, 2021, the Marshall Fire Ignited and
<br />quickly spread to the City of Louisville, resulting in severe damage
<br />or total loss of almost six hundred (60) structures within the City
<br />of Louisville, most of them residential homes; and
<br />WHEREAS, also on December A 2021. the Mayor of the City of
<br />Louisville, pyursuant to Chapter 132 oft Louisville Municipal Cod
<br />and ErtMrCpper
<br />nry in ���k�3d3 for the city of Louised a le, lhkh Decn of laration tionn was
<br />(�karcatter contlnuod In effect by resolution o� the City Counyll, and
<br />the Governer of the State of Colorado issued a Deduaton of State-
<br />wide Emergency In respons0to the MarshallpsFlre; and appr��
<br />a Major isasster t o arat�on�for tthhedEveent (DR-AGi4 fA} beginning
<br />on December 30, 2021 and continuing thereafter, and
<br />Fire coomprise sigh niflwnt portions of send dveerallrr -dsiddenttiaall suabodivi
<br />Sion within the Ck.Y' and
<br />WHEREAS, pursuanrt to Sections 3.20.300 and 320305 of the Louis.
<br />ville Municipal code, the City imposes a use tax on construction
<br />And building materials•, and
<br />WHEREAS, pursuant to section 3.20.330 of the Louisville Municipal
<br />code, t use tax for construction antl bulitlinpp materials Is d¢tor-
<br />mined based on fifty percent r%) of the estrated general con.
<br />tract costs and fifty percent (50%) of the osmated mechanical
<br />contract costs, which is deemed to be the purchase price of such
<br />construction and building materials; and
<br />WHEREAS, also pursuant to Section 3.20.330 of the Louisville Munic-
<br />ipal Coda, the full amount of the use tax is collected prior to Issw
<br />ance of a building permit; and
<br />WHEREAS, many of the CitIrs residents affected by the Marshall
<br />Fire have Immed they may be significantly underinsured and will
<br />athnd face financial hardships rebuilding their fire -damaged homes;
<br />WHEREAS, th¢ City Council finds that rebuilding of homes toss
<br />to the Marshall Fire is essential to maintaining the fabric of the
<br />community. and that providing a use tax ¢xemottm for homeown-
<br />ers affected by the Marshall Tire who are underinsured will help
<br />those residents return to the City; and
<br />WHEREAS. the City Council further finds Its adoption of the 2021
<br />IECC was In furgherance of
<br />tamed In thetthhCeeitvsi City uis�ets ak tenaoVmpatnotnpaeiltcyforthhian esconeams6his iltol-
<br />nanforbrebuliding of residences pursuant to the 2021 IECC will fa-
<br />cilitate such policy objectives to the greatest extent possible; and
<br />WHEREAS, the exemption of construction and building materials
<br />from the Citys use tax may only be made based upon satisfaction
<br />athese lyecsure tociattdon%tcriteria
<br />the extent rset easonably eessarytfexemption
<br />iito rebuild-
<br />inghe
<br />of re -damaged homes within the community; and
<br />WHEREAS, the City Council finds that restoring a vibrant and robust
<br />tommunicy requires rebuilding to occur within a reasonable
<br />arttduont�t0 time, and that t wllof set forth herein afforded those
<br />who
<br />ekt her shf omen I the Marshall Fire who are experiencing fi-
<br />G 9 tonally related to the Important government
<br />function of fostering and maintaining a vibrant and robust com-
<br />munity; and
<br />wHER the citycouncilfinds those Persons who lost their
<br />he
<br />homes
<br />natural disast to sat eptkCeproportlo and thus arc dlfferen Impacted
<br />ated from those wit in the y who choose to repair or remodel an
<br />WON residence, or build a new residence; and
<br />WHEREAS, bbyy this. ordinance, the City Council furthers Its establish-
<br />ed Policy of facihtat rebuilding of structures damaged or de-
<br />stroyed bCouy the Marshall Fire as set forth in previous actions of the
<br />WHEREAS, the City Council reeo0 nitres those residents whose
<br />homes were damaged or destroyed by the Marshall Fire have suf-
<br />fered Great losses and it Is the policy of the C, to assist and en-
<br />cauat� these residants to return to the community; and
<br />WHEREAS, h l the Intent of h M Crel off der the ton, f Cis
<br />ordinance shall Drow only the im tat relic tSNponutic c r-
<br />cumstartcos set forth herein, the short-term exorn provid.
<br />ed III not after the property and a vices taxed In Section 3.20.
<br />305 otthe toulsvilk Municipal Cod inr construction and building
<br />materials, and as such will not constitute a new tax, tax increase or
<br />tax pocky Chandirectly causing a net tax revenue gain as those
<br />(thrrms are useArticle X. Section 20 of the Colorado Constitution
<br />e "T"Myer's Bill of Rights" or "TABOR) when the conditions for
<br />the exemption no longer exist; and
<br />WHEREAS, the City Council finds that an emergency exists because
<br />the preservation of public property, treahh. safety. and welfare re
<br />quires
<br />orth berrein to those to whose homes �o tn�providego resdoyed due
<br />to the Marshall Fire,
<br />NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
<br />CTI7 DFLOUIMLLE, COLORADO:
<br />Prairie Mountain Media, LLC
<br />PUBLISHER'S AFFIDAVIT
<br />County of Boulder
<br />State of Colorado
<br />The undersigned, Agent , being first duly sworn
<br />under oath, states and affirms as follows:
<br />I. He/she is the legal Advertising Reviewer of
<br />Prairie Mountain Media LLC, publisher of the
<br />Daily Camera.
<br />1. The Daily Camera is a newspaper
<br />of general circulation that has been published
<br />continuously and without Interruption for at least
<br />fifty-two weeks In Boulder County and
<br />meets the legal requisites for a legal newspaper
<br />under Colo. Rev. Stat. 24-70-103.
<br />3. The notice that is attached hereto is a true copy,
<br />published in the Daily Camera
<br />in Boulder County on the following date(s):
<br />Oct 9, 2022
<br />6 1 "r 1 11
<br />IP k7l, 4 FJ'W'., I
<br />Signature 0 !02
<br />Subscribed and n to me before me this
<br />day of bou
<br />Notary
<br />iVIELISSA L NAJERA
<br />ARY PUBLIC
<br />0T
<br />STATE OF COLORADO
<br />(SEAL) NOTARY 20064049936
<br />1MY COMMISSION DECEMBER 1
<br />Account: 1048836
<br />Ad Number: 1925945
<br />Fee: $333.52
<br />seeWwon L Roetq�ugIroments for Ee taxxemption.forth in aa�dgdition to those
<br />Ka Louisvlle MuonkiPpal Cty ode conslally truction
<br />a m%ooulsifdroo a�ahe i?s
<br />levied by Sectioax
<br />n 3 20 300 of the Louisville MuniTr Colo when all
<br />of the fallowing requirements are met;
<br />A. _The�tuildi�g permit apppcaUon 4 for majotJstructural repair
<br />
|