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ORDINANCE NO. 1797 <br />SERIES 2020 <br />AN ORDINANCE IMPOSING A DISPOSABLE BAG TAX OF TWENTY-FIVE CENTS <br />PER BAG BEGINNING JANUARY 1, 2022 AND PROVIDING FOR THE SUBMISSION <br />OF THE ORDINANCE TO A VOTE OF THE REGISTERED ELECTORS AT THE <br />REGULAR ELECTION TO BE HELD NOVEMBER 3, 2020 <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 of <br />Louisville Home Rule Charter (the "City Charter"); and <br />WHEREAS, the members of the City Council of the City (the "City Council") have been <br />duly elected and qualified; and <br />WHEREAS, Article X, Section 20 of the Colorado Constitution, also referred to as the <br />Taxpayer's Bill of Rights ("TABOR"), requires voter approval for any new tax, any increase in <br />any tax rate, the creation of any debt, and the spending of certain funds above limits established <br />by TABOR; and <br />WHEREAS, pursuant to Article 12 and Section 4-8 of the City Charter, the City Council <br />may authorize the imposition of new taxes by ordinance and upon approval of the registered <br />electors of the City; and <br />WHEREAS, pursuant to Section 7-6 of the City Charter, the City Council may submit any <br />measure to a vote of the registered electors of the City, without receipt of any petition; and <br />WHEREAS, the City Council has by resolution called a special election to be held on <br />November 3, 2020 as a coordinated election pursuant to the Uniform Election Code of 1992, as <br />amended; and <br />WHEREAS, TABOR requires that the City submit ballot issues, as defined in TABOR, to <br />the City's registered electors on specified election days before action can be taken on such ballot <br />issues; and <br />WHEREAS, November 3, 2020, is one of the election dates at which TABOR ballot issues <br />may be submitted to the registered electors of the City pursuant to TABOR; and <br />WHEREAS, the City's Sustainability Action Plan identifies several strategies aimed at <br />"achieving zero waste and managing resources responsibly and effectively," and external <br />strategies developed to achieve this goal include "promoting recyclable substitutes/replacements <br />for single -use, throw -away items" such a disposable bags; and <br />WHEREAS, the estimated total of disposable bags distributed in the City is approximately <br />4.5 million bags or 25 tons per year; and <br />Ordinance No. 1797, Series 2020 <br />Page 1 of 11 <br />