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TC Resolution 21-20 Referring a Proposed Short-Term Rental Tax Ballot Question to an ElectionA Avon COLORADO RESOLUTION 21-20 REFERRING A PROPOSED SHORT-TERM RENTAL TAX BALLOT QUESTION TO AN ELECTION OF THE TOWN OF AVON WHEREAS, C.R.S. §31-11-111(2) authorizes the Town of Avon (the "Town") to submit any question to the vote of the registered voter of the municipality by adoption of a resolution; and WHEREAS, C.R.S. § 1-5-203(3)(a) provides the designated election official of each political subdivision must certify the ballot order and content for the 2021 Coordinated Election by September 3, 2021; and WHEREAS, Section 20 of Article X of the Colorado Constitution requires that all ballot questions calling for an increase in municipal taxes or multiple fiscal year debt be placed before the electorate only at a general election, biennial local election, or on the first Tuesday in November in odd - numbered years; and WHEREAS, pursuant to the Avon Home Rule Charter, state and federal law, the Town will participate in a coordinated election on November 2, 2021; and WHEREAS, the coordinated election to be held on November 2, 2021, is one of the election dates at which TABOR ballot issues may be submitted to the registered electors of the Town of Avon; and WHEREAS, the Town Council is of the opinion that it should refer to the voters at the November 2, 2021, coordinated election a ballot issue concerning the Town levying an excise tax for short-term vacation rental properties to finance the acquisition and construction of community housing through the Town of Avon's Community Housing Fund; and WHEREAS, the Avon Town Council hereby finds, determines and declares that this Resolution will promote the health, safety and general welfare of the Avon community. NOW THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN OF AVON,COLORADO: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated by reference and adopted as findings and determinations of the Town Council. Section 2. Ballot Question. The Town Council hereby refers the following ballot question to the voters of the Town of Avon: SHORT-TERM RENTAL TAX FOR COMMUNITY HOUSING SHALL THE TOWN OF AVON'S TAXES BE INCREASED BY ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000) IN THE FIRST YEAR (2022), AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED ANNUALLY THEREAFTER BY LEVYING AN EXCISE TAX OF 2% ON THE AMOUNT CHARGED TO ANY PERSON LEASING A SHORT-TERM RENTAL UNIT, DEFINED AS LEASING ANY PROPERTY ASSESSED AS RESIDENTIAL BY THE EAGLE COUNTY ASSESSOR FOR A PERIOD Res 21-20 Referring to the Voters a STR Excise Tax Question Page 1 of 2 LESS THAN THIRTY DAYS, FOR THE PURPOSE OF FUNDING COMMUNITY HOUSING, INCLUDING THE ACQUISITION OF LAND FOR HOUSING, CONSTRUCTION OF HOUSING, EXTENSION OF PUBLIC INFRASTRUCTURE TO SERVE COMMUNITY HOUSING DEVELOPMENT, PURCHASE OF DEED RESTRICTIONS, DOWN PAYMENT ASSISTANCE PROGRAMS, PARTNERSHIPS WITH PUBLIC AND PRIVATE ENTITIES TO DEVELOP COMMUNITY HOUSING, AND RELATED COSTS FOR ADMINSTRATION, DESIGN, LEGAL AND CONSULTING, ALL IN ACCORDANCE WITH ORDINANCE NO. 21-11 ADOPTED BY THE AVON TOWN COUNCIL, AND SHALL THE TOWN BE PERMITTED TO COLLECT, RETAIN, AND EXPEND ALL REVENUES DERIVED FROM SUCH TAX AS A VOTER APPROVED REVENUE CHANGE AND AN EXCEPTION TO LIMITS WHICH WOULD OTHERWISE APPLY UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? ADOPTED this 24th day of August 2021. AVO TOWN NCIL L By: Attest: Sarah Smith-H mes, Mayor Res 21-20 Referring to the Voters a STR Excise Tax Question Page 2 of 2 Brenda Torres,