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<br />prescribed by the director of finance to demonstrate that it used the most current <br />information available in the electronic database on the date that the sale occurred. <br /> <br />C. Notwithstanding the above, if the error in collecting and remitting <br />is a result of a deceptive representation, a false representation, or fraud, the <br />provisions of this section shall not apply. <br /> <br />D. The provisions of subsection B of this section shall be in effect <br />until or unless the director of finance determines that fiLthe accuracy of the <br />electronic address locator database falls below the standards set in C.RS. S 39- <br />26-105.3; (ii) irrespective of compliance with the accuracy standard in C.RS. & <br />39-26-105.3. there are inaccuracies in the database that in the director's iudgment <br />have a material adverse effect on the city: or (iii) the database does not in the <br />director's iudgment meet any other criteria set forth in C.RS. & 39-26-105.3; or <br />(iv) continued effectiveness of subsection B is having or will have a material <br />adverse effect on the ci~ ability to collect taxes owed the city. In the case of <br />any such determination, the city council may, by regulation adopted pursuant to <br />section 3.20.400.B and for a specified period of time, suspend the effect of said <br />subsection B of this section, and the hold harmless provision of said subsection B <br />shall not apply during ar~lch period of suspension. <br /> <br />Section 5. 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 />hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact <br />that anyone part be declared invalid. <br /> <br />Section 6. 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 />judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, <br />proceedings, or prosecutions. <br /> <br />Section 7. All other ordinances Of 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 /> <br />INTRODUCED, READ, PASSED ON FIRST READING, AND ORDERED PUBLISHED <br />this 15th day of September ,2009. <br /> <br /> <br />2 <br />