ORDINANCE NO.8 SERIES OF 2022 (Short Term Rental Tax) AN ORDINANCE OF THE BOARD OF TRUSTEES SUBMITTING TO THE REGISTERED ELECTORS OF THE TOWN OF CARBONDALE, COLORADO AT THE GENERAL MUNICIPAL COORDINATED ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, THE ISSUE OF WHETHER, IN CONNECTION WITH LOCAL LICENSING FOR SHORT TERM RENTAL ACCOMODATIONS, THETOWN OF CARBONDALESHOULDIMPOSEATAX OF SIX PERCENT (6.0%) UPON THE REVENUES FROM SHORT TERM WHEREAS, pursuant to Ordinance No. 8, Series of 2022, the Town has recently implemented a new local licensing requirement for short term rental of residences within the Town of Carbondale; and WHEREAS, there is a lack of affordable housing in and around the Town of Carbondale, and the use of local residences for short term rental accommodations further impacts the local housing supply, sO the Town desires to develop additional revenue sources to support local affordable and attainable housing projects and programs, including a new tax of six percent (6.0%) of the gross rental price paid by the customers of residential short termi rental accommodations. within the Town of Carbondale; and RENTALS, AND SETTING FORTH RELATED DETAILS. WHEREAS, it is appropriate and legally required for Carbondale voters to approve collection, retention, and expenditure of the full amounts collected from a proposed new tax on short term rental accommodations further described int the ballot language set forth below; and WHEREAS, the new tax proposed herein shall be in addition to lodging taxes already levied and collected by the Town for short term rental accommodations and other types of lodging within the Town. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF CARBONDALE, COLORADO, that the Board of Trustees hereby approves imposing a tax of six percent (6.0%) on short term rentals of residences within the Town of Carbondale. BE IT FURTHER ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF CARBONDALE, COLORADO, that before this ordinance imposing this new tax becomes effective, it shall first be submitted to and receive approval of the majority of the qualified electors of the Town of Carbondale at the general election to be held on November 8, 2022. The form of the ballot question shall be as follows: Ballot Issue LJ: TOWN OF CARBONDALE SHALL THE TOWN OF CARBONDALE'S TAXES BEI INCREASED BY $400,000.00 IN THE FIRST FULL FISCAL YEAR, BEGINNING JANUARY 1, 2023, AND BY SUCH AMOUNTS AS ARE RAISED ANNUALLY THEREAFTER, BY IMPOSING AN ADDITIONAL TAX OF SIX PERCENT (6.09)OFTHE GROSS RENTAL PRICE PAID BY CUSTOMERS OF SHORT TERM RENTAL ACCOMODATIONS, INCLUSIVE OF ANY SERVICE CHARGES OR FEES, WITH THIS TAX RATE CAPABLE OF BEING LOWERED OR REVOKED IN THE SOLE DISCRETION OF THE BOARD OF TRUSTEES OF THE TOWN OF CARBONDALE, IN ORDER TO FUNDTHEPROMOTION,REQULATONAPROCUREMENT,DEVELOPMENTAND PROTECTION OF LOCAL AFFORDABLE AND ATTAINABLE HOUSING PROJECTS AND PROGRAMS, INCLUDING CAPITAL EXPENDITURES, AND SHALLTHETOWN BEAUTHORIZEDTOCOLLECTANDSPENDTHE PROCEEDS OFSUCHADDITIONALTAX, AS A VOTER-APPROVED REVENUECHANGE: AND AN EXCEPTION TO THE LIMITS THAT WOULD OTHERWISE APPLY UNDER ARTICLEX, SECTION: 20, OFTHE COLORADOCONSTITUTION ORANYOTHER LAW? Yes No. BE ITI FURTHER ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF 1. Ift the above ballot issue is approved by the registered electors of the Town voting at the regular election to be held on November 8, 2022, this Ordinance shall become effective CARBONDALE, that: January 1, 2023. 2. Ifany section, paragraph, clause or provision of this Ordinance shall be held to be invalid or unenforceable, the invalidity or unenforceability of each section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. 3. If this Ordinance becomes effective as provided herein, the Board of Trustees is authorized to make additions and amendments to the Town of Carbondale Municipal Code, effective January 1, 2023, to implement this new tax on short term rentals, as may be necessary to implement the intent and purpose of this Ordinance. 4. Ifthis Ordinance does not for any reason become effective, or is declared invalid by a court, the provisions hereof shall have no force or effect, and all other acts, orders or ordinances oft the' Town shall continue to be effective as ift this Ordinance was never adopted. 5. Upon adoption, this Ordinance shall be posted and published in accordance with the Home Rule Charter. INTRODUCED, READ, AND PASSED masdye of hogust 2022. THE TOWN OF CARBONDALE ByBen Ben Bohmfalk, ATTEST: WW CathsrTown Clerk CARDOIO Sasesi - SEAL COLORADO PMp"e