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Home My WebLink AboutR23-054 Nov. 7, 2023 Ballot Question Re: the Retention of all 2023 Revenues Derived from the 2% Lodging Excise Tax DocuSign Envelope ID:E414CE1B-8C08-4F31-88BB-7E36DDB11D40 Commissioner Scherr moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2023 - 054 A RESOLUTION PROVIDING FOR THE SUBMISSION TO THE REGISTERED, QUALIFIED ELECTORS OF UNINCORPORATED EAGLE COUNTY AND THE TOWN OF GYPSUM, COLORADO,A QUESTION AUTHORIZING THE RETENTION OF ALL 2023 REVENUES DERIVED FROM THE TWO PERCENT (2%) LODGING EXCISE TAX ON SHORT-TERM RENTALS, SAID QUESTION TO BE SUBMITTED AT THE ELECTION TO BE HELD NOVEMBER 7, 2023; PRESCRIBING THE FORM OF BALLOT QUESTION FOR SUBMISSION AT SAID ELECTION,AND PROVIDING FOR CERTIFICATION OF THE ELECTION QUESTION TO THE COUNTY CLERK AND RECORDER. WHEREAS, in 2022 Eagle County voters approved a two percent(2%) lodging excise tax on short-term rentals for the purpose of supporting our local workforce and quality of life by providing additional childcare programs and affordable housing opportunities for local workers; WHEREAS,Article X, Section 20 of the Colorado Constitution requires ballot questions to state the first-year estimate revenue for any tax increase; WHEREAS,the prior-approved lodging tax authorized Eagle County to collect $3,000,000 commencing January 1, 2023, and whatever additional amounts are raised annually thereafter from this two percent(2%) lodging excise tax on short-term rentals; WHEREAS,Eagle County now anticipates collecting more than the estimated $3,000,000 in 2023 and desires to follow voter-intent by retaining and spending any additional amounts collected above the $3,000,000 estimate for the same purposes of supporting our local workforce and quality of life as approved by the voters in 2022; WHEREAS,without voter-approved authorization to retain all 2023 revenue, any revenue in excess of the $3,000,000 would be refunded. Refunds may be difficult due to the transient nature of short-term rental users; WHEREAS, said prior-approved lodging tax does not apply within any municipality levying their own lodging tax. Currently, all but one of our municipalities have their own lodging tax, including Avon, Basalt, Eagle, Minturn, Red Cliff, and Vail; WHEREAS, said prior-approved lodging tax is, therefore, limited to the unincorporated areas of Eagle County and the Town of Gypsum. Accordingly, only the registered, qualified voters in unincorporated Eagle County and the Town of Gypsum will vote on the question to retain all 2023 revenues; DocuSign Envelope ID:E414CE1B-8C08-4F31-88BB-7E36DDB11D40 WHEREAS,the Board wishes to submit to the registered, qualified electors of unincorporated Eagle County and the Town of Gypsum, at the election to be held on November 7, 2023, a question authorizing Eagle County to retain and spend all 2023 revenues derived from said prior-approved lodging tax; and WHEREAS,this election shall be conducted by the Eagle County Clerk and Recorder in accordance with the"Uniform Election Code of 1992,"Articles 1 to 13 of Title 1, C.R.S. NOW,THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: Section 1. Certification of Question to Clerk and Recorder for Election. The following question is hereby certified to the Eagle County Clerk and Recorder and shall be presented at the election to be held on Tuesday,November 7, 2023. Any notices required by Section 30-11- 107.5(3)(e), C.R.S. and Article X, Section 20 of the Colorado Constitution shall be provided by the Clerk and Recorder. Section 2. Form of Ballot Question. At the Election there shall be submitted to a vote of the registered qualified electors of the County the following title and question: "Eagle County Ballot Issue 1A—Retain Excess 2023 Lodging Tax Revenue to Support Local Workforce WITHOUT IMPOSING NEW TAXES OR INCREASING THE RATE OF ANY EXISTING TAX, MAY EAGLE COUNTY RETAIN AND SPEND ALL 2023 REVENUES DERIVED FROM THE TWO PERCENT(2%) LODGING EXCISE TAX ON SHORT-TERM RENTALS AS ORIGINALLY APPROVED BY THE VOTERS ON NOVEMBER 8, 2022, WITH ALL SUCH RETAINED REVENUE USED FOR THE SAME PURPSOES OF SUPPORTING OUR LOCAL WORKFORCE AND QUALITY OF LIFE BY PROVIDING ADDITIONAL CHILDCARE PROGRAMS AND AFFORDABLE HOUSING OPPORTUNITIES FOR LOCAL WORKERS? YES/FOR NO/AGAINST" Section 3. Severability. If any part, section, paragraph, clause or provision of this Resolution shall be adjudged to be invalid or unenforceable, the invalidity or unenforceability of such section,paragraph, clause, or provision shall not affect the remaining sections,paragraphs, clauses or provisions of this Resolution, it being the intention that the various parts hereof are severable. Section 4. Actions. The officers and employees of Eagle County are authorized and directed to take all actions necessary or appropriate to effectuate the provisions of this Resolution. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the Vv'"Oday of August, 2023. DocuSign Envelope ID:E414CE1B-8C08-4F31-88BB-7E36DDB11D40 ,— DocuSigned by: EAGIE-� C < COUNTY OF EAGLE, STATE OF \<0,oa. COLORADO,by and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS DocuSigned by: DocuSigned '�by: .� �If'�-y.-� �r�� 5.41/1.41. 86ne81FrEB84"oa... r-�ee�Fzaoasorao... Clerk to the Board of Kathy Chandler-Henry County Commissioners Chair E.DocuSignned'by.:'�^ Jth Matt c�ierr 4,s CoEmmissioner DocuSigned by: omm. i74.....s Jeanne`lvicyueeney Commissioner Commissioner McQueeney seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Chandler-Henry Aye Commissioner Scherr Aye Commissioner McQueeney Aye This Resolution passed by 3/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado