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RESOLUTION NO. 50 <br />SERIES 2017 <br />A RESOLUTION EXTENDING THE SUSPENSION OF ORDINANCE NO. 1534, <br />SECTION 3.20.412 ELECTRONIC DATABASE; RETAILER HELD HARMLESS <br />WHEREAS, Subsection 3 20.414 B of the Louisville Municipal Code <br />provides that a retailer using data provided in a State -certified database to <br />determine the jurisdiction to which sales tax is owed shall be held harmless for tax, <br />penalties and interest owed to City that otherwise would be due solely as a result <br />of an error in the database, excepting circumstances set forth in Subsections C <br />and D of said Section 3 20.414, and <br />WHEREAS, there has been prior evidence through performance of City of <br />Louisville audits and periodic review of provider databases that database providers <br />certified by the State of Colorado, Department of Revenue pursuant to C R S. § <br />39 26.105.3 have not met the cntena specified in Section B; and <br />WHEREAS, the address locator database providers, certified by the State <br />of Colorado, Department of Revenue, no longer provide access to their databases <br />by local municipalities to verify the accuracy of their data, and <br />WHEREAS, the City of Louisville is required to provide the certified address <br />locator database providers with an electronic data file of all addresses in the City <br />of Louisville; and <br />WHEREAS, the City of Louisville has not developed its own address <br />database nor does it have the ability to provide an electronic data file of its City <br />addresses to the database providers, and <br />WHEREAS, pursuant to Subsection D of said Section 3.20.414, the City <br />Council may, by regulation adopted pursuant to Section 3 20.400.B, suspend the <br />effect of said Subsection B, and <br />WHEREAS, in the Director of Finance's judgment, the use of the State - <br />certified databases may have a material adverse effect on the City, and that the <br />City does not have the ability to verify whether or not the criteria in C.R.S § 39-26- <br />105.3 and the provisions of Subsection B have been met, and <br />WHEREAS, Resolution No. 33, Senes 2009, suspending Ordinance No. <br />1534, Section 3.20.412 of the Louisville Municipal Code was approved for a period <br />of 24 months, Resolution No. 67, Series 2011, suspending Ordinance No 1534, <br />Section 3.20.412 was approved for an additional period of 24 months, Resolution <br />No. 48, Series 2013, suspending Ordinance No 3 20 412 was approved for an <br />additional period of 24 months, and Resolution No. 63, Senes 2015, suspending <br />Ordinance No 3 20 412 was approved for an additional period of 24 months, or <br />Resolution No 50, Senes 2017 <br />Page 1 of 2 <br />