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ORDINANCE NO 1776 <br />SERIES 2019 <br />AN ORDINANCE IMPOSING AN EXCISE TAX OF UP TO TEN PERCENT ON <br />RETAIL MARIJUANA CULTIVATION FACILITIES BEGINNING JANUARY 1, 2020, <br />TO BE IMPOSED ONLY IF THE REGISTERED ELECTORS OF THE CITY <br />APPROVE A BALLOT QUESTION PERMITTING SUCH CULTIVATION <br />FACILITIES WITHIN THE CITY, AND PROVIDING FOR THE SUBMISSION OF <br />THE ORDINANCE TO A VOTE OF THE REGISTERED ELECTORS AT THE <br />REGULAR ELECTION TO BE HELD NOVEMBER 5, 2019 <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 <br />any measure to a vote of the registered electors of the City, without receipt of any petition, and <br />WHEREAS, the City will hold a regular election on November 5, 2019 as a coordinated <br />election pursuant to the Uniform Election Code of 1992, as amended, and <br />WHEREAS, TABOR requires that the City submit ballot issues, as defined in TABOR, <br />to the City's registered electors on specified election days before action can be taken on such <br />ballot issues, and <br />WHEREAS, November 5, 2019, is one of the election dates at which TABOR ballot <br />issues may be submitted to the registered electors of the City pursuant to TABOR, and <br />WHEREAS, the City Council is of the opimon that it should refer to the voters at the <br />November 5, 2019 election a TABOR ballot issue concerning the imposition of an excise tax on <br />retail marijuana cultivation facilities to begin January 1, 2020, to be imposed only if retail <br />Ordinance No 1776 Series 2019 <br />Page 1 of 8 <br />