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NOTICE OF PUBLIC HEARING
<br />ORDINANCE No.1865, SERIES 2023
<br />NOTICE IS HEREBY GIVEN that at a regular meeting of the City
<br />Council of the City of Louisville, Colorado, to be held on °ctaber 17.
<br />2023 at the hour of 6:00 p.m., at Louisville City Hall. 749 Main Street,
<br />Louisville, Colorado 80027 or in an electronic meeting. the City
<br />Council will hold a Public Hearing on the final assay{ a and adoption
<br />of a proposed AN ORDINANCE AMENDINGIt3.4 OF THE
<br />LOUISVIL1E MUNICIPAL CODE REGARDING THE CITY'S TAX AND FEE
<br />BUSINESS ASSISTANCE PROGRAM
<br />Published in Inc Daily Camera on October 12, 2023 with lull ordi-
<br />nance,
<br />Full copies avahable in the City Clerk's Office, 749 Main Street,
<br />Louisville CO 80027.
<br />ORDINANCE NO. 1364
<br />SERIES 2023
<br />AN ORDINANCE AMENDING CHAPTER 3.24 OF THE LOU1SVIL1E MU-
<br />NICIPAL CODE REGARD)NG THE CITYS TAX AND FEE BUSINESS
<br />ASSISTANCE PROGRAM
<br />WHEREAS. the City Council adopted Chapter 3.24 of the Louisville
<br />Municipal Code ("City Code') pursuant to Ordinance Nu. 1507, Ser
<br />its 2007. which established the City's Tax and Fee Business Assis-
<br />tance Program ("BAP"), authorizing the rebate of certain taxes and
<br />fees to busme4505 to encourage the recruitment, retention, estab-
<br />lishment and/or substantial expansion of sales tax generating busi-
<br />nesses and, employers within the City thereby stimulating the
<br />etonom of and within the City, provwdiing employment for resb
<br />dents of the City and others, further expanding the goods and serv-
<br />ices available for purchase and consumption by businesses and
<br />residents of the City, and further increasing the scales taxes and
<br />fees collected by the City for the purpose of enabling the City to
<br />provide expanded and Improved municipal services and public -
<br />related improvements for the benefit of the City's residents: and
<br />WHEREAS, pursuant to Ordinance No. 1575, Series 2010, the City
<br />adopted a 3.65% tax for using. staring, distributing or otherwise
<br />consuming tangible personal property or taxable services inside
<br />the City ("consumer use tax). which became effective following
<br />voter approval: and
<br />WHEREAS, following the City's adoption of the City's consumer use
<br />tax in 2010, the City began authorizing rebates of the City's con-
<br />sumer use tax under authority implied from the BAP; and
<br />WHEREAS. the City Council desire3 to amend Chapter 3.24 of the
<br />City Code to expressly authorize rebates of Consumer use tax rove•
<br />rules
<br />defier the
<br />8AP Loamy business meeting the base criteria for
<br />rebates
<br />WHEREAS, the City Council further desires to amend Chapter 3.24
<br />Of the City Code to codify the City's practice of requiring• by written
<br />agreement with applicants under the BAP, a percentage reim-
<br />bursement of enhanced sales taxes and fees rebated under the BAP
<br />it an applicant business fails to remain open for at least ten (10)
<br />years following certificate of occupancy at the business location.
<br />NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE
<br />CITY OF LOUISVILLE. COLORADO:
<br />Section 1. Section 3.24.030 of the Louisville Municipal Code is here•
<br />by amended to read as follows (words to be added are underlined;
<br />words to be deleted are stricken through):
<br />5ec.324.030. • Definitions.
<br />A5 used In this chapter and ail sections thereof, the following
<br />terms and phrases shall have the following meanings:
<br />Applicant means the owner(s) of real property upon which a
<br />business is operated or proposed, or the operator of a business lo-
<br />cated or proposed to be located w,ttdn the city.
<br />Consumer use tax means the amount of the use tax collected
<br />by the city from an applicant participating in the BAP created under
<br />this chapter, not Including Construction use taxes.
<br />Enhanced sates tax means the amount of sales tare collected
<br />by the city over and above a base amount negotiated by, and
<br />agreed upon by, the applicant and the city, and which base amount
<br />shall never be lower than the amount of sales taxes Collected uy
<br />the city al the property in question in the previous 12 months,
<br />Fret means the amount of building permit fees. sign permit
<br />tees, and construction use taxes collected by the city during the
<br />construction permitUn process for initial construction of a protect
<br />participating n the BAP created under this Chapter, and the amount
<br />of consumer use taxes collected by the citywithin
<br />the applicant's
<br />procurement of items necessary to Its operation the citfor
<br />Inc period set forth in an agreement approved by the city council.
<br />Operator means the owner or potential owner of a business
<br />that is el igihle for inclusion in the BAP created by this chapter.
<br />Owner means the record owner or potential record owner of
<br />real property upon which one or more business Is operated.
<br />Section 2. Section 3.24.100 of the Louisville Municipal Code is here-
<br />by amended to read as follows (words to be added are underlined:
<br />words to be deleted are stricken through):
<br />Sec. 324.100. • Agreement with city: required; contents.
<br />Each 111101icatton for Inclusion in the BAP submitted to the city
<br />shall be considered solely on its own merits. Approval of an appli-
<br />cation shall require that an agreement be executed by the applicant
<br />and the city, which agreement shall, at a minimum, contain:
<br />A. A list of those public or public -related improvements which
<br />justify the application's approval. and the amount which shall be
<br />spent on such improvements;
<br />B. The maximum amount of enhanced sales taxes or fees to
<br />be shared. the timing of payment of any such shared taxes or tees,
<br />and the maximum time during which the agreement shad continue,
<br />it being expressly understood that any sucb agreement shall expire
<br />aol be of no further force and effect upon the occurrence of the
<br />earlier to be reached of the maximum time of the agreement
<br />(whether or not the maximum amo-unt to be shared has been
<br />reached) or the maximum amount to be shared (whether or not the
<br />maximum time set forth has expired);
<br />C. A statement that the agreement is a personal agreement
<br />which does net run with the land:
<br />D. A statement that the agreement shall never constitute a
<br />multi -year fiscal obligation, debt or other obligation of the city
<br />Within the meaning of any constitutional or statutory provision:
<br />E. The base amount which is agreed upon and the timing o1 pe-
<br />riodic payments of enhanced sales taxes to be shared and the fact
<br />that it in any period as specified sales taxes received from the
<br />property do not at least equal saki base amount, there shall be no
<br />sharing of sates taxes for said period, and that any deficit for any
<br />such period shall be carried over t0 succeeding periods until the
<br />difference between the base amount and the amount of sale tax ac-
<br />tually paid Is recovered by the city,
<br />F. The base amount shall be agreed upon which shalt consider
<br />the historic level of sales at the property In question. or a similar
<br />property within the area In the event of a new business, and a rea•
<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 />1. He/she is the legal Advertising Reviewer of
<br />Prairie Mountain Media LLC, publisher of the
<br />Daily Camera.
<br />2. 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 12, 2023
<br />Subscribed and I sworn to me�before
<br />%me�thisti" day of��.�`"/{ lJ`Vreil/�
<br />Notary Public
<br />(SEAL)
<br />SHAYLA NAJERA
<br />NOTARY PUBLIC
<br />STATE OF COLORADO
<br />NOTARY ID 20174031965
<br />MY COMMISSION EXPIRES July 31, 2025
<br />Account:
<br />Ad Number:
<br />Fee:
<br />1048836
<br />2009345
<br />$ 33 6.60
<br />Ie
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