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NOTICE of PUBLIC HEAIIwNG DRDIHANCE No. 1867. SERIES 2023 NOTICE IS HEREBY GIVEN that at a regular meeting of the City Council of the City of Louisville, Colorado. to be held on December 19. 2023 at the hour of 6.00 p.m. at Louisville City Hall, 749 Main Street. Louisville. Colorado 80027 or in an electronic meeting, the City Council will hold a Public Hearing on the final pas a and adoption of a proposed AN ORDINANCE EXEMPTING CON TRUC- TNNt MATERIALS FROM THE CITY'S USE TAX FOR WILDING PER- MITS ISSUED FOR REPAIR AND RECONSTRUCTION OF HOMES THAT SUSTAINED SMOKE. NEAT, WATER, ASH OR OTHER DAMAGE AS A RESULT OF THE MARSHALL RRE. Published in the Daily Camera on December 3. 2023 with hdl ordi- nance. Full conies available in the City Clerk's Office, 749 Main Street. Loiisvhle CO D0027, ORDINANCE NO. MY SERIES 2823 AN ORDINANCE EXEMPTING CONSTRUCTION MATERIALS FROM THE CITY S USE TAX FOR WILDING PERMITS ISSUED FOR REPAIR AND RECONSTRUCTION Of HOMES THAT SUSTAINED SMOKE, HEAT, WA- TER. ASH OR OTHER DAMAGE AS A RESULT Of THE MARSHALL HIE WHEREAS, on Deee..Mn 30. 2021. the Marshall Fire ignited and quickly spread to the City of Louisville. resulting in severe or total loss of almost six hundred structures within the of Louisville. most of them homes; and WHEREAS. also on December 30. 2021, the Mayor of the City of Louisville, pursuant to Chapter 2.32 of the Louisville Municipal Code and C.R.S. g 24-33.5-709, executed a Declaration of Local Disaster Emergency in and for the City of Louisville, which Declaration was thereafter continued In effect by resolution of the City Council, and the Governor of the State of Colorado issued a Declaration of State- wide Emergency in response to the Marshall tire; and WHEREAS, on Mnuarty 11, 202 President pis R. Blden approved on-4634-00) beginning December 30. 2021 andtion for continuing thereafter: arid WHEREAS, the structures damaged and destroyed by the Marshall Fire comprise significant portions of several residential subdivi- sions within the City, and WHEREAS, pursuant to Sections 3.20300 and 320305 of tie Louis- ville Municipal Code. the City Imposes a use tax on construction and building material; and WHEREAS. pursuant to Section 3.20330 of the Louisvl to Municipal Code, the use tax for coristructlon and building materials Is deter- mined based on Idly percent (50%) Of the estimated 4eneral con- tract costs and fifty percent (50%1 of the estimated mechanical cogrittatzsts. which is deemed toabe the purchase price of such and building materkds:WHEREAS, also pursuant to Section 320330 of the Louisville Munic- ipal Code the fun amount of the me tax is collected prior to issu- ance of a building permit: and WHEREAS. mNmy of the City's residents affected by the Marshall fire have learned they nay be sY underinsured and will thus face financial hardships reba their frre.danraged homes; and WHEREAS. the Clty COrncil finds that and rebut -keno of homes lost to the I Fiore is essential maintaining the fabric of the and that provWkq a use lax exemption for homeowners se�y the Marshall Fire who are wderfnsured wid WHEREAS, the exemption of colst,uctlon and building material from the City's use tax may only be made based upon satisfaction of those criteria set forth herein, to ensure the exemption Is provid- ed onlyto the extent reasonably necessary to fade the rir and rebuilding of fire -damaged homes within the community; and WHEREAS. the City Council fords that restoring a vibrant and robust community requires rebuilding t0 occur within a reasonable amount of time, and that the relief set forth herein afforded those who lost their homes in the Marshall Fire who are experiencing fi- nancial hardship is rationally related to the important government function of fosterling and maintaining a vibrant and robust com- munity; and WHEREAS, the City Council fads MOse persons who Iost their phomes npro- sor ability to We innttheiirrhomes due, to Me Marshalll Flreedisaster of cnthave experience(' and been Impacted by a Ctty who rare differently rsituated an ro those within or bided a new residence; and WHEEOREEka WHEREAS. by this ordinance, the City Council furthers its establih- thefli= set 101UMi Dr IOUsd isrear .h the homesCity Council: and the City Council recognixes those residents whose were damaged erdedroyed by the Marsha as Fire have Sur - feted great losses and it is the poky of the to assist and en- courage these residents t0 return tot • . and WHEREAS, it is the intent of the City Council that adoption of this ordinance shall provide only the limited relief under the specific cir- cumstances set forth herein. and the short-term exemption provid• ed shall not alter the property and services taxed ul Section 320. 305 of the Louisville Municipal Code for construction and building materials. and as such will not constitute a new tax. tax increase, or tax policy change directly causing a net tax revenue gain as those terms are used in Article X. Section 20 of the Colorado Constitution (Ile "Taxpayer's Bill Of Rights" or "TABOR") when the conditions for the exemption no longer exist; and NOW, THEREFORE. et IT 080*19ED 6Y THE CITY COUNCIL OF THE CITY OF LOUISVILLE. COLORADO: Section 1. Ftequirements for Exemption. In addition to those exemptions from the City's use tax set forth in Section 3.20.310 of the Louisville Municipal Cade. and those exemptions approved by Ordinance 1841, Series 2022 for the repair and rebuilding of a resi- dence that sustained fire damage,ially construction and building mate- tthheestax levied by Section 3.20.300 of � Louisville llee Muthe o Codposition e when all of the following requirements are met A. The p permit application b for r�ak or rebutting of a printery residents!hoamn stricture that sustained Smoke, neat. water. ash d rothefope. damage from the Marshall Fire, not including direct fire The building permit application has been feed by a person who, on December 30, 2021. was the owner of record of in any Marshall Jurisdiction on which a residence was damaged or destr by G The building permit application is fled with theCity of Louis- ville on or before Decembet 31.2024. D. The permit appncant attests on thetuilreng permit application that are requesting a use tax exemption due to fi- nancial hardship caused byinadequate insurance or a gap inusur- ance 'Overage when compared to the cost of repairs. Section 2. Amount of Exemption. The amount W the use tax mentor Prairie Mountain Media, LLC PUBLISHER'S AFFIDAVIT County of Boulder State of Colorado The undersigned, Anent , being flrat duty sworn under oath, states and affirms as follows: 1. He/she le the legal Advertising Reviewer of Prairie Mountain Media LLC, publisher of the Daily Camera. 2. The Daily Camera is a newspaper of general circulation that has been published continuously and without Interruption for at least fifty-two weeks in Boulder County and meets the legal requisites for a legal newspaper under Colo. Rev. Stat. 24-70-103. 3. The notice that is attached hereto is a true copy, published In the Dalty Camera in Boulder County on the following date(s): Dec 3.2023 Subscribed and Sworn to me before me this (m� day a�L' J >� . Notary Public (SEAL) SHAYLA NAJERA NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174031965 MY COMMISSION EXPIRES July 31, 2025 Account Ad Number: Fee: 1048836 2020221 6301.40 IA