04-006 Establish Spokane County Tourism Promotion Area INTERLOCAL COOPERATION ACT AGREEMENT
FOR ESTABLISHMENT OF
SPOKANE COUNTY TOURISM PROMOTION AREA
THIS AGREEMENT ("Agreement") dated this G, day of 27/a/te 2004,
is made and entered into by and among SPOKANE COUNTY, a Class A county of the State of
Washington ("Spokane County"); the CITY OF SPOKANE, a municipal corporation of the State
of Washington ("Spokane"); and the CiTY OF SPOKANE VALLEY, a municipal corporation of
the State of Washington ("Spokane Valley"), pursuant to the authority of chapter 39.34 RCW
and Engrossed Substitute Senate Bill No. 6026 authorizing the establishment of a Tourism
Promotion Area to levy Special Assessments to fund tourism promotion.
WiTNESSETH:
WHEREAS, pursuant to the provisions of the Revised Code of Washington, the Board of
County Commissioners of Spokane County has the care of property and the management
of county funds and business; and
WHEREAS, the 2003 State Legislature of the State of Washington has recognized the
importance of tourism promotion in the State of Washington and passed Engrossed Substitute
Senate Bill No. 6026 authorizing the establishment of a Tourism Promotion A.rea by a county to
permit the levy of Special Assessments to fund tourism promotion; and
WHEREAS, the Operators of Lodging Businesses within the County of Spokane have
presented an Initiation Petition to Spokane County seeking to have the Board of County
Commissioners of Spokane County establish a Spokane County Tourism Promotion Area,
specifically including the areas within the jurisdiction of Spokane and Spokane Valley, pursuant
to the terms of Engrossed Substitute Senate Bill No. 6026; and
WHEREAS, the Initiation Petition submitted to the Board of County Commissioners of
Spokane County, Exhibit "A" attached to this Agreement, included:
(1) A description of the boundaries of the proposed Spokane County Tourism
Promotion Area, including the areas within the jurisdiction of Spokane
and Spokane Valley; and
(2) The proposed uses and projects for which the proposed revenue from the
Special Assessments levied by the Spokane County Tourism Promotion
Area would be dedicated, and the total estimated costs of such uses; and
(3) The estimated rate for the Special Assessments to be levied on Lodging
Businesses in various Zones within the Spokane County Tourism
Promotion Area; and
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(4) The signatures of the persons who operate Lodging Businesses in the
proposed Spokane County Tourism Promotion Area who would pay over
sixty percent (60%) of the proposed Special Assessments levied within the
area.
WHEREAS, the Board of County Commissioners of Spokane County has the authority
pursuant to the terms of Engrossed Substitute Senate Bill No. 6026, to enter into an Interlocal
Agreement with Spokane and Spokane Valley to establish a Tourism Promotion Area, pursuant
to the provisions of the Initiation Petition received from the Operators of Lodging Businesses, to
include, within the boundaries of the proposed Spokane County Tourism Promotion Area, the
area within the jurisdiction of Spokane and Spokane Valley; and
WHEREAS, the Board of Commissioners of Spokane County, has adopted a "Resolution
of Intention to Establish a Spokane County Tourism Promotion Lk�„ e , following a hearing to be
held on the day of /4jt� , 20($ cant to the request of an
Initiation Petition submitted by Operators of Lodging Businesses within Spokane County;
and
WHEREAS, on the ) day of__ _Ve_'1I r” , 2003, the County Clerk
of the Board of County Commissioners of Spokane received an Initiation Petition authorized by
RCW 35.101.020 from the Operators of Lodging Businesses located within Spokane County
requesting the conduct of a public hearing by the Board of County Commissioners of Spokane
County, pursuant to the authority of Engrossed Substitute Senate Bill No. 6026, for the purposes
of considering the establishment of a Spokane County Tourism Promotion Area to provide funds
for tourism promotion in Spokane County; and
4 de
WHEREAS, on the 6;30.1 a day of ______ 1 , 20V, the Board of
County Commissioners of Spokane County ac opted a resolution entitled a "Resolution of
Intention to Establish a Spokane County Tourism Promotion Area," for the promotion of tourism
promotion within Spokane County, describing the boundaries of the proposed Spokane County
Tourism Promotion Area, the proposed uses and projects to which the proposed revenues from
Special Assessments levied within the Spokane County Tourism Promotion Area would be
dedicated and setting the proposed rates for the Special Assessments to he levied on Lodging
Businesses to fund the uses and projects of the Spokane County Tourism Promotion Area,
estimating the total cost for the proposed activities and programs for the use of funds received by
the Spokane County Tourism Promotion Area, fixing the date, time and place of a public hearing
to be held by the Board of County Commissioners of Spokane County to consider the
establishment of such a Spokane County Tourism Promotion Area, and directing the giving of
notice of such public hearing; and
WHEREAS, Resolution No. 411~ON-O, entitled A Resolution of Intention to Establish
a Spokane County Tourism Promotion Area for the promotion of tourism and convention
business within Spokane County was duly published, and copies thereof were mailed to each
Lodging Business in the proposed Spokane County Tourism Promotion Area, as provided by
law, and
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WHEREAS, the City Council of the City of Spokane and the City Council of the City of
Spokane Valley have by appropriate legislative action, authorized the execution of an Interlocal
Agreement with Spokane County to permit the establishment of a Spokane County Tourism
Promotion Area to include collection of Special Assessments from Lodging Businesses within
their respective jurisdictions,
NOW, THEREFORE, for and in consideration of the promises set forth hereafter,
Spokane County, Spokane and Spokane Valley hereby agree as follows:
1. Definitions. As used in this agreement, the following terms, unless the context
otherwise dictates, shall have the following means:
1.1 "Agreement" shall mean this interlocal cooperation agreement between
Spokane County, Spokane and Spokane Valley for the establishment of a Spokane
County Tourism Promotion Area by Spokane County as authorized by Chapter
35.101.040 (2) RCW.
1.2 "Lodging Business" means a business located within the Spokane County
Tourism Promotion Area that furnishes lodging taxable by the state under chapter 82.08
RCW that has forty(40) or more lodging units.
1.3 "Operator" means the Operator of a Lodging Business, whether in the
capacity of owner, general manager, lessee, sub lessee, mortgagee in possession, license
or any other similar capacity.
1.4 "Room Revenues" means the gross per-night-charge (nights of stay)
imposed for the rental of a room or combination of rooms for Lodging.
1.5 "Special Assessment" means the levy (charge) imposed by Spokane
County on the Operators of a Lodging Business within the Spokane County Tourism
Promotion Area and subsequently passed on to the guests of the Lodging Business, under
the authority of RCW 35.101.050 fur the purpose of providing for funding of tourism
promotion in Spokane County.
1.6. "Spokane Hotel-Motel Association" means the Spokane Hotel-Motel
Association, Inc., a Washington non-profit corporation.
1.7 "Spokane Hotel and Motel Commission" means the Spokane Hotel and
Motel Commission, established by Spokane County, whose members are appointed by
the Board of County Commissioners of Spokane County, the City Council of the City of
Spokane, and the City Council of the City of Spokane Valley to provide
recommendations to the Board of County Commissioners of Spokane County on
proposed uses and projects of the Spokane County Tourism Promotion Area; pursuant to
the provisions of RCW 35.101.130 (1) as provided in this Agreement.
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1.8 "Spokane Metropolitan Area" means Spokane County, including the entire
areas within the jurisdiction of Spokane and Spokane Valley and the unincorporated area
of Spokane County.
1.9 "Spokane County Tourism Promotion Area" means the Tourism
Promotion Area created by the resolution of the Board of County Commissioners of
Spokane County pursuant to the authority of Chapter 35.101 RCW, as authorized by the
resolutions of the City Council of the City of Spokane and the City Council of the
Spokane Valley adopting the terms of this Agreement.
1.10 "TPA Manager" shall mean a tourism destination marking organization or
other similar organization employed by the Board of County Commissioners to
administer the operation of the Tourism Promotion Area.
1.11 "Tourism Promotion" means activities and expenditures designed to
increase tourism and convention business, including but not limited to, advertising,
publicizing, or otherwise distributing information for the purpose of attracting and
welcoming tourists, and operating tourism destination marketing organizations.
1.12 "Transient Basis" means the rental of a room or rooms for dwelling,
lodging, or sleeping purposes by the Operator of a Lodging Business for a period of thirty
(30) consecutive calendar days or less, counting a portion of a day as a full calendar day.
1.13 "Zone" or "Zones" means the distinct geographic subarea or subareas
within the Spokane County Tourism Promotion Area as established by resolution of the
Board of County Commissioners of Spokane County and as set forth in Exhibit "B"
attached to this Agreement.
1.14 "Annual Budget" shall mean the Spokane County Tourism Promotion
Area budget for a fiscal year, as adopted or amended by the Board of County
Commissioners of Spokane County, after the receipt of a recommendation from the
Spokane Hotel and Motel Commission, identifying all estimated revenue from Special
Assessments for the fiscal year, and providing for all proposed uses of Special
Assessment revenue for the purpose of providing tourism promotion in Spokane County
for the ensuing fiscal year.
2. Tourism Promotion Area to be Established by S okane County.
A. It is hereby understood and agreed by Spokane County, Spokane and Spokane
Valley that Spokane County, pursuant to the authority of Chapter 35.101.040 (2) RCW, shall
establish a "Tourism Promotion Area" designated the Spokane County Tourism Promotion Area
to include the unincorporated area of Spokane County and the entire area within the corporate
limits of Spokane and Spokane Valley.
B. It is hereby understood and agreed by Spokane County, Spokane, and Spokane
Valley that the purpose of permitting the Board of County Commissioners and Spokane County
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to form the Spokane County Tourism Promotion Area under RCW 35.101.040 (2) is to provide
revenue to fund tourism promotion within Spokane County which will benefit the Operators of
Lodging Businesses in Spokane County, Spokane and Spokane Valley.
3. Levy of Special Assessments on Lodging Businesses within the Spokane County
Tourism Promotion Area.
A. The Board of County Commissioners of Spokane County will levy Special
Assessments on the Operators of Lodging Businesses within the Spokane County Tourism
Promotion Area in accordance with the zones and levels of Special Assessments as set forth in
Resolution No.4-0/
B. It is understood and agreed by and between Spokane County, Spokane and
Spokane Valley that the Spokane County Tourism Promotion Area shall include the following
five (5) zones:
Zone A. Zone A encompasses those Lodging Businesses located within
the area of the incorporated city limits of the City of Spokane defined as follows:
Downtown core bordered by Interstate 90 to the south, Hamilton Street to the
east, Indiana Avenue to the north, and Monroe Street to the west.
Zone B. Zone B encompasses those Lodging Businesses located within
the area of the incorporated city limits of Spokane and the City of Spokane Valley
except those Lodging Businesses located in Zone A.
Zone C. Zone C encompasses all Lodging Businesses located outside
Zones A and B, but within the unincorporated area of Spokane County.
Zone D. Zone 17 encompasses all Lodging Businesses with room revenue
under$500,000 per year, situated within the Spokane County Tourism Promotion
Area, regardless of their specific location.
Zone E. Zone E encompasses Lodging Businesses located within the
Tourism Promotion Area, as that term is addressed in WAC 458-20-166 as it
presently exists or may be hereinafter amended, other than hotels, motels, and bed
and breakfast facilities. Lodging Businesses within this zone, as addressed in
WAC 458-20-166, would include only (i) trailer camps and recreational vehicle
parks which charge for the rental of space to transients for locating or parking
house trailers, campers, recreational vehicles, mobile homes, and tents; (ii)
educational institutions which sell overnight lodging to person other than
students; (iii) private lodging houses, dormitories and bunkhouses operated by or
on behalf of businesses and industrial firms or schools soley for the
accommodation of employees of such firms or student which are not held out to
the public as a place where sleeping accommodations may be obtained; and (iv)
guest ranches or summer camps which, in addition to supplying meals and
lodging , offer special recreational facilities and instruction in sports boating,
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riding, outdoor facilities and instruction in sports, boating, riding, and outdoor
living.
The charge(s) imposed under this section are not a tax on the "sale of lodging" for the
purposes of RCW 82.14.410
C. It is understood and agreed by and between Spokane County, Spokane and
Spokane Valley that the Operators of Lodging Businesses within the Spokane County Tourism
Promotion Area operating in the above-described zones will be subject to Special Assessments to
be levied as follows:
Zone A: $I.50 per room/day
Zone B: $1.25 per room/day
Zone C: $1.00 per room/day
Zone D: $0.50 per room/day
Zone E: $0.00 per room or space/day
D. Any change in the Special Assessment rates for any zone as set forth hereinabove
shall be made only by amendment of the resolution by the Board of County Commissioners, with
the approval of the City Council of the City of Spokane and the City Council of the City of
Spokane Valley. No increase in the Special Assessment rates for any zone or change in the
boundaries of any zone shall be made by the Board of County Commissioners of Spokane
County except upon the affirmative recommendation of the Spokane Hotel and Motel
Commission.
4. Use of Special Assessment Revenues For the Promotion of Tourism and
Convention Business in Spokane County.
A. It is understood and agreed that all of the revenues from Special Assessments
collected by Spokane County from Lodging Businesses within the jurisdiction of Spokane
County, the City of Spokane, and the City of Spokane Valley shall be allocated by the Board of
County Commissioners of Spokane County in accordance with the Annual Budget for the
Spokane County Tourism Promotion Area. The Spokane Hotel and Motel Commission shall
make a recommendation to the Board of County Commissioners on all Annual Budgets. The
Board of County Commissioners shall have the ultimate authority to set and approve all Annual
Budgets.
B. The revenues from the Special Assessments levied by Spokane County on the
Operators of Lodging Businesses situated within the Spokane County Tourism Promotion Area
shall be used for the following purposes only:
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(1) The funding of all activities and expenditures designed to increase
tourism promotion and convention business within Spokane County as specified
in the Spokane County Tourism Promotion Area Budget.
(2) The marketing of convention and business that benefit local
tourism and the Lodging Businesses in Spokane County; and
(3) The marketing of Spokane County to the travel industry in order to
benefit local tourism and the lodging businesses situated within the Spokane
County Tourism Promotion Area; and
(4) The marketing of Spokane County to recruit major sporting events
in order to promote local tourism and to benefit the Lodging Businesses within
the Spokane County Tourism Promotion Area.
5. Establishment of the Spokane Hotel and Motel Commission.
A. It is understood and agreed that the Board of County Commissioners of Spokane
County shall, pursuant to the authority of RCW 35.101.130 (I) create an eleven (I 1) member
Spokane Hotel and Motel Commission to advise the Board of County Commissioners of
Spokane County on the expenditure of Special Assessment revenues by the Spokane County
Tourism Promotion Area to fund tourism promotion in Spokane County.
B. Members of the Spokane Hotel and Motel Commission shall be selected by the
Board of County Commissioners of Spokane County, the City Council of Spokane and the City
Council of Spokane Valley from a list of nominees prepared by the Spokane Hotel and Motel
Association. All nominees for membership on the Spokane Hotel and Motel Commission must
be Operators of Lodging Businesses within Spokane County or employed by the Operator of
such a Lodging Business. One ex officio member of the Commission may be appointed from the
members of the Board of Commissioners of Spokane County; one ex officio member may be
appointed from the members of the City Council of the City of Spokane; and one ex officio
member may be appointed from the members of the City Council of the City of Spokane Valley.
Ex officio members of the Spokane Hotel-Motel Commission may participate in all discussions
regarding proposed activities and programs by the Spokane County Tourism Promotion Area for
the promotion and marketing of tourism in Spokane County but shall not have voting rights.
C. The Board of County Commissioners of Spokane County shall appoint two
members, and one ex officio member of the Spokane Hotel and Motel Commission, to represent
the County of Spokane; the City Council of the City of Spokane Valley shall appoint two
members, and one ex officio member, of the Spokane Hotel and Motel Commission to represent
the City of Spokane Valley; and the City Council of the City of Spokane shall appoint four
members, and one ex officio member, of the Spokane Hotel and Motel Commission to represent
the City of Spokane. Any vacancy, on the Spokane Hotel and Motel Commission, arising from a
resignation or other cause, shall be filled by the appointing agency, from the list of nominees
prepared by the Spokane Hotel and Motel Association, within 30 days from the date the
"vacancy occurs".
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D. It is understood and agreed that the initial members of the Spokane Hotel and
Motel Commission shall serve staggered terms, with one member serving a one-year term, two
members serving for two-year terms, and three members serving fbr three-year terms. The
length of the term for each individual member of the initial Spokane Hotel and Motel
Commission shall be chosen by lot at the first meeting of the Commission. Thereafter, all
members subsequently appointed to the Spokane Hotel and Motel Commission shall serve for
three-year terms.
6. Contract For Management of Spokane County Tourism Promotion Area.
A. The Board of County Commissioners shall contract with a TPA Manager. The
contract shall be awarded consistent with all applicable Spokane County laws, ordinances and
regulations. The contract shall require the TPA Manager to comply with all applicable
provisions of law, including RCW 35.101 et al and with all Spokane County resolutions and
ordinances as well as all regulations lawfully imposed by the state auditor or other state agencies.
B. The TPA Manager will be responsible for administering the activities and
programs of the Spokane County Tourism Promotion Area and to prepare an Annual Budget for
the Spokane County Tourism Promotion Area to be reviewed and approved by the Spokane
Hotel and Motel Commission and submitted to the Board of County Commissioners of Spokane
County on or before November 1st of each year. The TPA Manager shall also act as staff to the
Spokane Hotel and Motel Commission in conjunction with assisting it in determining what
activities and programs to recommend for funding from the Special Assessments.
C. The Annual Budget for the Spokane County Tourism Promotion Area shall
consist of:
(1) A list of the Lodging Businesses subject to Special Assessments and an
estimate of the revenue to be received from all such Lodging Businesses; and
(2) A statement of the proposed budget for all Spokane County Tourism
Promotion Area activities and programs recommended by the Spokane Hotel and Motel
Commission to be funded from Special Assessments during the ensuing fiscal year; and
D. All Special Assessments received by Spokane County from the Washington State
Department of Revenue and any interest therein shall be deposited by Spokane County in a
special account. Payments to the TPA Manager will he made as provided for in the agreement
between the Spokane County and the TPA manager. Provided, however, no Special Assessment
shall be dispersed in any fiscal year until after the adoption of that year's fiscal Annual Budget,
Provided further, Spokane County shall not expend in any fiscal year Special Assessments in
excess of the approved fiscal Annual Budget.
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7. Modification or Disestablishment of the Spokane County Tourism Promotion
Area.
A. The Board of County Commissioners of Spokane County, by appropriate action,
may modify the provisions of the resolution establishing the Spokane County Tourism
Promotion Area or provide for the disestablishment of the Spokane County Tourism Promotion
Area, after adopting a resolution of intention to such effect. Such resolution of intention shall
describe the change or changes proposed, or indicate that it is the intention to disestablish the
Spokane County Tourism Promotion Area, and shall state the time and place of a public hearing
to be held by the Board of County Commissioners of Spokane County to consider the proposed
action.
B. If the Operators of Lodging Businesses which pay over forty percent (40%) of the
Special Assessments levied within the Spokane County Tourism Promotion Area file a petition
with the Clerk of the Board of Spokane County Commissioners requesting the Board of County
Commissioners of Spokane County to adopt a resolution of intention to modify or disestablish
the Spokane County Tourism Promotion Area, the Board of County Commissioners of Spokane
County shall adopt such resolution and act upon it as required by law. Signatures on such
petition shall be those of a duly authorized representative of the Operators of Lodging Businesses
in the Spokane County Tourism Promotion Area. In the event of failure on the part of the Board
of County Commissioners to modify or disestablish the TPA the participating local governments
reserve the right to withdraw from this agreement upon three (3) months notice to the other
participating local governments.
C.. In the event the resolution proposes disestablishment of the Spokane County
Tourism Promotion Area, the Board of County Commissioners of Spokane County shall
disestablish the Spokane County Tourism Promotion Area; unless at such public hearing, protest
against disestablishment is made by the Operators of Lodging Businesses paying over fitly
percent (50%) of the Special Assessments in the Spokane County Tourism Promotion Area.
8. Miscellaneous Provisions:
A. Duration and Termination of this Agreement. (1) This Agreement shall continue
in full force and effect until such time as the Spokane County 'tourism Promotion Area is
disestablished by action of the Board of County Commissioners of Spokane County as provided
in Section 7 above. (2) This agreement shall expire December 31, 2008, PROVIDED, it may be
extended in increments of three years by consent of Spokane County, City of Spokane, and City
of Spokane Valley, expressed either by resolution of the legislative body or written approval of
its chief executive officer. The timing of such consent should be coordinated with the needs of
the Washington State Department of Revenue. (3) Following termination of this Agreement,
Spokane County shall be responsible for utilizing any remaining unallocated revenue from
Special Assessments for use for tourism promotion in Spokane County.
B. Waiver. No officer, employee, or agent of Spokane County, Spokane, or Spokane
Valley has the power, right, or authority to waive any of the conditions or provisions of this
Agreement. No waiver of any breach of this Agreement by Spokane County, Spokane, or
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Spokane Valley shall be held to be a waiver of any other or subsequent breach. Failure of
Spokane County, Spokane, or Spokane Valley to enforce any of the provisions of this Agreement
or to require perfonnance of any of the provisions herein, shall in no way be construed to be a
waiver of such conditions, nor in any way effect the validity of this Agreement or any part
hereof; or the right of Spokane County, Spokane or Spokane Valley to hereafter enforce each and
every such provision.
C. Records. All records prepared, owned, used or retained by the TPA Manager in
conjunction with operating or administering the activities and programs of the Spokane County
Tourism Promotion Area as provided for under the terms of this Agreement shall be deemed
records of Spokane County, Spokane, and Spokane Valley and shall be made available by the
TPA Manager upon request to Spokane County, Spokane, or Spokane Valley, State Auditor or
their authorized representatives..
D. Property and Equipment. Spokane County Shall be the owner of all property and
equipment purchased by the TPA Manager from Special Assessment Revenues. Provided,
however, in the event of the termination of the Agreement with the TPA Manager, Spokane
County agrees to make the property and/or equipment available to the successor TPA Manager
for its use in conjunction with providing similar services. Provided further, in the event of
disestablishment of the Spokane County Tourism Promotion Area, all property and equipment
purchased by the TPA Manager from Special Assessment Revenues shall be retained by Spokane
County and used for any lawful purpose.
E. Integration. This Agreement contains all of the terms and conditions agreed upon
by Spokane County, Spokane, and Spokane Valley concerning the establishment of the Spokane
County Tourism Promotion Area by the Board of County Commissioners of Spokane County
and the collection of Special Assessments from Operators of Lodging Businesses within the
entire area, including the area within the jurisdictions of Spokane and Spokane Valley. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be
deemed to exist or to bind any of the parties hereto. The parties have read and understand all of
this Agreement, and now state that no representation, promise, or agreement not expressed in this
Agreement has been made to induce the officials of Spokane County, Spokane, or Spokane
Valley to execute this Agreement.
F. Severability. In the event any provision of this Agreement shall be declared by a
Court of competent jurisdiction to be invalid, illegal, or unenforceable, the validity, legality and
enforceability of the remaining provisions shall not, in any way, be effected or impaired thereby.
C. Execution of Agreement. This Agreement shall become effective immediately
after it is duly adopted by the Board of County Commissioners of Spokane County, the City
Council of Spokane, and the City Council of Spokane Valley and shall be filed with the County
Auditor of Spokane County, the City Clerk of Spokane, and the City Clerk of Spokane Valley,
and the Secretary of State of the State of Washington.
H. Litigation. In the event litigation is brought against the TPA or any party to this
Agreement the TPA Manager shall cause legal counsel to he employed for the purpose of
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`1 '
defending or prosecuting the matter. The cost of the legal counsel shall be paid by the TPA. The
parties reserve the right to monitor and participate in any litigation as solely determined by the
party.
IN WITNESS WT-TEREOF, the City of Spokane, the City of Spokane Valley, and
Spokane County have executed this Agreement by their duly authorized officials pursuant to all
requirements of law.
,.`��t\ BOARD OF COUNTY COMMISSIONERS
/ of Con�,ys4, ,tt
4t" SEC°G•% h s//war,, . ..�� •49 +.A.1: t,, By: .✓i:�w -�.: . 1
,,,,,
t1t ��. set. . ••�'� B y: IMA. •' ��.J, id-G„--ct, '
t�l� �_'
,`.�..,,,---= / / /
By: 1j/
.44 if
Alt 't: /-.. ....._. . ._ Z. .. .I
Clerk of the Board
Approves as to f r • �
Chiifirrivil Deputy Prosecuting Attorney
CITY SI'OK• �1E
V,
By: ■:_ .,, //
f •putt' Mayor
Attest: ..!_4., /i�'! 4
City Clerk 1 01141-*"..
Approved as to form: �/./ ���;*tri‘n 4....■Crl
y,totc_1404/ ./i / i. , ..4 'illy .117,..
A'S'S?`` City Attorney -�
9-f4 de-
GTO
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CITY OF SPOKANE VALLEY
B • — _�i� � e
avid R. Mer ier, City Manager
Attes : A( /' '% _
Christine Bainbridge, City Clerk
Approved as to for
tr
Cary P. Dri e11, Deputy j ' Attorney
1\Ski-FSI\Uscrs k bainbridec\cbainbridgc\Contracts&AgrccmcnisVfourism Promotion Intcrlocal Final.doc Page 12 of 12
EXHIBIT "A"
RECEIVED
COUNTY OF SPOKANE
INITIATION PETITION TO ESTABLISH '`` " 21g3
A TOURISM PROMOTION AREA COUNTY COMMISSIONERS
WHEREAS, the 2003 State Legislature of the State of Washington has
recognized the importance of tourism promotion in the State of Washington and
passed Engrossed Substitute Senate Bill 6026 which authorized the establishment
of a Tourism Promotion Area to levy special assessments to fund tourism
promotion as defined therein; and
WHEREAS, the Lodging Businesses within the County of Spokane desire
now to present an Initiation Petition seeking to have the County Commissioners
• of the County of Spokane establish a Tourism Promotion Area pursuant to the
terms of Engrossed Substitute Senate Bill 6026;and
WHEREAS, pursuant.to section 2 of Engrossed Substitute Senate Bill
6026, the Initiative Petition submitted to the Board of County Commissioners
must contain the following:
1. A description of the boundaries of the proposed Tourism
Promotion Area;
2. The proposed uses and project;to which the proposed revenue
• . from the Special Assessments should be dedicated and the total
estimated costs of such uses and projects; and
3. The estimated rate for the Special Assessments to be levied on
Lodging Businesses in various Zones within the Tourism
Promotion Area with a proposed breakdown by class of lodging
business if such classification is to be used; and
4. The signatures of the persons who operate lodging businesses in
the proposed area who would pay sixty percent or more of the
proposed Special Assessment
NOW THEREFORE, the Lodging Businesses located within the County of
Spokane do hereby petition the County Commissioners of the County of
Spokane as follows:
' 1. The boundaries of the Tourism Promotion Area shall be all of
Spokane County.
•
Petition to Establish a Tourism Promotion Area-1
. ��wwoaysverw�c„,r+�«c
RECEIVED •
• NO
NW
2. The revenue from the Special Assessments collected from COMMISSIONERS
Operators of Lodging Businesses within the Tourism Promogg
Area shall be dedicated to the following uses and projects:
a. The general promotion of tourism within the Spokane
Metropolitan Area as specified in the TPA business plan to
be adopted annually;
b. The marketing of convention and trade shows that benefit
local tourism and the Lodging Business in the Spokane
Metropolitan Area;
c. The marketing of the Spokane Metropolitan Area to the
travel industry in order to benefit local tourism and the
Lodging Businesses in the Spokane area;
d. The marketing of the Spokane Metropolitan Area to recruit
sporting events in order to benefit local tourism and the
Lodging Businesses in the Spokane area.
For the Purpose of the Petition,the terminology"Spokane
Metropolitan Area" shall mean Spokane County including
incorporated and unincorporated areas.
3. The total estimated costs of such uses and projects are as follows:
The Spokane Hotel-Motel Association estimates that, on an annual
basis, the revenue from the special assessments collected from the
operators of Lodging Businesses within the Tourism Promotion
Area shall be between$1,400,000.00 and$1,700,000.00. This
amount will vary from year to year depending upon the fluctuating
occupancy rates of Lodging Businesses in Spokane County.
4. The rate of the Special Assessment to be imposed in support of the
functions of the Tourism Promotion Area is as follows:
The Special Assessments to be imposed on the operators of
those Lodging Businesses with room revenues during the
preceding calendar year,which exceeded five hundred thousand
dollars($500,000.00) is as follows:
[Zone A: $1.50 per room/day
Petition to Establish a Tourism Promotion Area-2
n�rrtNaCn�:�rn�r�Perwr eanygyC.�sa.�la�aw+�
• •
RECEIVED
Zone B: $1.25 per room/day
Zone C: $1..00_per room/day Ii� ±3
COUNTY COMJFPISS10NERS
• The Special Assessment to be imposed on the Operators of
those Lodging Businesses with room revenues during the
preceding calendar year which did not exceed five hundred
thousand dollars ($500,000.00) is as follows:
Zone D: —I 50 cents per room/day J
This Petition is hereby presented by the following persons who operate
Lodging Businesses in the proposed Tourism Promotion Area and will pay sixty
percent or more of the proposed Special Assessments.
Air fir. �_,:il:mb - _,.-
Motel 6 - 1Ne g'I
Ho day Aitirart sid le Inn
OPA -AA AA
Hilt?r Garden Inn Comfort Inn Valley
•
oca
B stern I'e ertcee I P •_ • y Inn
Airway Express Red Top
Microtel = • inta Inn
n A fr--A
Willow Springs Red Lion Gr. /
i . Petition to Establish a Tourism Promotion Area-3
g1`Yn+nays�1 1BAJIMei 1FM aaGe 1
Best Western Thunderbird =akyx16. t.esern uner r IV c D
F.• , -Id Inn Travelodge Spokane House COMMISSIONERS
• Ha ton Inn _ Ramada Inn and Suites
Shilo Inn Ap 1 Tree Inn
r. s.--7,;----,-- *
Comfort inn ^ � ' Madison Inn
re
k,./0../.04/1--
Best Western Tradewinds Holideilb " i'
Inn P .ess
• Trav lodge— '" j2--` Days Inn Airport
H and Jo11��sso I�n Super 8 - We s t-
Tradewinds Downtown Oxford dSSuites-Valley
ff9 ..-._
; . .
■ Select Inn Quali Inn--V
•
�el Lus • Crosslands Economy Suites
�. •�.
' �i
Ramada Limited Best W ta P nt Hill k, kr-
Downtowner
Wet oa t Ri ath
4® iD
Bud•et Inn Davenpor otel
o f,f /lf v7' 6E G/2 I,
i ° � /c/F .�6.E'EE ���'h /°
Petition to Establish a Tourism Promotion Area-4.
p1 »6►'Pfaxraa_Cv .ore 5l7 /a� 6 75
• • ArccovraG 7v At S'/1uo Ms, /0 a ,v 'c( 6�-.G R .
RECEIVED
COUNTY COMMISSIONERS
Red Liver Inn
Courtyard Marriot
Oxford Sui Down.town
. _ ,C.4 , R, hie r�'z
e Try= Downtown
Holiday thn Express- V4
:" S
' : Super S Hnle.l - Va-11 cy
13,4'We54-ern P pee+ree. Shy, Li b&rfy Lctike.
(1�
/4-1 -7c
{V10 1 !o VA.tley
•
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Sf okah€ 014.6
!
Petition to Establish a Tourism Promotion Area-5
c powsvL rt - •.y�mr,ea
EXHIBIT "B"
NO. 4 0141
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY,WASHINGTON
IN THE MATTER OF AN ORDINANCE )
ESTABLISHING A TOURISM PROMOTION )
AREA HAVING CERTAIN BOUNDARIES ) NOTICE OF PUBLIC BEARING
AND OTHER MATTERS RELATED THERETO )
NOTICE IS HEREBY GIVEN by the Board of County Commissioners of Spokane County,
pursuant to the provisions of RCW 35.101.080,that a public hearing will be held at 2:00 p.m.,or as soon as
possible thereafter, on March 9, 2004, in the Public Works Building, Commissioner's Assembly Room,
1026 West Broadway,Spokane,Washington 99260.
The purpose of the public hearing will be for the Board of County Commissioners to consider
public testimony and take action on a proposed Ordinance which would establish a Tourism Promotion
Area within Spokane County, impose a charge on the furnishing of lodging by a Lodging Business located
in the Tourism Promotion Area, provide for the collection of the charger provide for the administration of
the ordinance and other matters related thereto.
The full text of the proposed Spokane County Ordinance is as follows:
ORDINANCE NO.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE
COUNTY, WASHINGTON, ESTABLISHING A TOURISM PROMOTION AREA,
IMPOSING A CHARGE OF THE FURNISHING OF LODGING BY A LODGING
BUSINESS LOCATED IN THE TOURISM PROMOTION AREA, PROVIDING FOR
THE COLLECTION OF THE CHARGE, PROVIDING FOR THE ADMINISTRATION
OF THE CHARGE,ANT)OTHER MATTERS RELATED THERETO.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE
COUNTY,WASHINGTON,as follows:
SECTION NO. DEFINITIONS
As used in this ordinance, the following terms, unless the context otherwise dictates, shall have the
following meanings:
1.1 "Agreement" shall mean the Interlocal Cooperation Agreement between Spokane County, City
of Spokane and the City of Spokane Valley for the establishment of a Spokane County Tourism
Promotion Area by Spokane County as authorized by RCW 35.101.040(2).
• : 1.2 "Lodging Business" means a business located within the Spokane County Tourism Promotion
Area that furnishes lodging taxable by the state under chapter 82.08 RCW that has forty (40) or
more lodging units.
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4 0141
1.3 "Operator" means the Operator of a Lodging Business, whether in the capacity of owner,
general manager,lessee,sub lessee,mortgagee in possession,license or any other similar capacity.
1.4 "Room Revenues"means the gross per-night-charge(nights of stay)imposed for the rental of a
• room or combination of rooms for Lodging.
1.5 "Special Assessment or Charge" means the levy imposed by Spokane County on the Operators
• i of a Lodging Business within the Spokane County Tourism Promotion Area and subsequently
• passed on to the guests of the Lodging Business, under the authority of RCW 35.101.050, for the
purpose of providing for funding of tourism promotion in Spokane County.
• 1.6 "Spokane Hotel-Motel Association" means the Spokane Hotel-Motel Association, Inc., a
Washington non-profit corporation.
1.7 "Spokane Hotel and Motel Commission" means the Spokane Hotel and Motel Commission,
established by Spokane County, whose members are appointed by the Board of County
Commissioners of Spokane County,the City Council of the City of Spokane,and the City Council
• : of the City of Spokane Valley to provide recommendations to the Board of County Commissioners
of Spokane County on proposed uses and projects of the Spokane County Tourism Promotion Area.
• • 1.8 "Spokane Metropolitan Area" means Spokane County, including the entire areas within the
jurisdiction of the City of Spokane,City of Spokane Valley and the unincorporated area of Spokane
County.
1.9 "Spokane County Tourism Promotion Area" means the Tourism Promotion Area created by the
Ordinance of the Board of County Commissioners of Spokane County pursuant to the authority of
chapter 35.101 RCW.
1.10 "Tourism Promotion" means activities and expenditures designed to increase tourism and
convention business, including but not limited to, advertising,publicizing,or otherwise distributing
information for the purpose of attracting and welcoming tourists to the Spokane Metropolitan Area.
1.11 "Transient Basis" means the rental of a room or rooms for dwelling, lodging, or sleeping
purposes by the Operator of a Lodging Business for a period of thirty (30) consecutive calendar
days or less,counting a portion of a day as a full calendar day.
1.12. "Zone" or "Zones" means the distinct geographic subarea or subareas within the Spokane
County Tourism Promotion Area as established by Ordinance of the Board of County
Commissioners of Spokane County.
1.13 "Annual Budget" shall mean the Spokane County Tourism Promotion Area budget for a fiscal
•
year, as adopted or amended by the Board of County Commissioners of Spokane County,after the
receipt of a recommendation from the Spokane Hotel and Motel Commission, identifying all
estimated revenue from Special Assessments for the fiscal year,and providing for all proposed uses
of Special Assessment revenue for the purpose of providing tourism promotion in Spokane County
for the ensuing fiscal year.
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4 0141
SECTION NO.2: ESTABLISHMENT OF TOURISM PROMOTION AREA -
• There is hereby established a Tourism Promotion Area having boundaries which include the City of
Spokane,City of Spokane Valley and unincorporated area of Spokane County. Provided, however,no area
within the City of Spokane, City of Spokane Valley or unincorporated area of Spokane County shall be
' included within the boundaries of the Spokane County Tourism Promotion Area unless the respective Cities
• and County have entered into an Agreement as provided for in RCW 35.101.040(2).
SECTION NO.3: RATE
There is imposed and Lodging Business shall collect and Lodging guests shall pay a Special Assessment on
the furnishing of lodging by a Lodging Business located in the Tourism Promotion Area as follows:
The Special Assessments to be imposed on the operators of those Lodging Businesses with room
. • revenues during the preceding calendar year, which exceeded five hundred thousand dollars
($500,000.00),are as follows:
Zone A: $1.50 per room/day
• ; Zone B: $1.25 per room/day
Zone C: $1.00 per room/day
Zone E: $0.00 per room or space/day
•
The Special Assessments to be imposed on the Operators of those Lodging Businesses with room
revenues during the preceding calendar year,which did not exceed five hundred thousand dollars
• e ($500,000.00),are as follows:
Zone D: 50 cents per room/day
• Zone E: 0 cents per room or space/day
Zone A. Zone A encompasses those Lodging Businesses located within the area of the
incorporated city limits of the City of Spokane defined as follows: Downtown core bordered by
Interstate 90 to the south, Hamilton Street to the cast, Indiana Avenue to the north, and Monroe
Street to the west.
Zone B. Zone B encompasses those Lodging Businesses located within the area of the
incorporated city limits of Spokane and the City of Spokane Valley except those Lodging
•
Businesses located in Zone A.
Zone C. Zone C encompasses all Lodging Businesses located outside Zones A and B,but within
• : the unincorporated area of Spokane County.
Zone D. Zone D encompasses Lodging Businesses with room revenue under$500,000 per year,
situated within the Spokane County Tourism Promotion Area, regardless of their specific
location.
Zone B. Zone E encompasses Lodging Business located within the Tourism Promotion Area, as
that term is addressed in WAC 458-20-166 as it presently exists or may be hereinafter amended,
other than hotels, motels and bed and breakfast facilities. Lodging Business within this zone, as
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4 0141
•
addressed in WAC 458.20-166, would include only (i) trailer camps and recreational vehicle
parks which charge for the rental of space to transients for locating or parking house trailers,
• campers, recreational vehicles, mobile homes, and tents; (ii) educational institutions which sell
overnight lodging to person other than students; (iii) private lodging houses, dormitories, and
bunkhouses operated by or on behalf of businesses and industrial firms or schools solely for the
accommodation of employees of such firms or students which are not held out to the public as a
• place where sleeping accommodations may be obtained;and(iv)guest ranches or summer camps
which, in addition to supplying meals and lodging, offer special recreational facilities and
instruction in sports, boating, riding, outdoor facilities and instruction in sports, boating, riding,
• and outdoor living.
The Special Assessments imposed under this section are not a tax on the "sale of lodging" for the
purposes of RCW 82.14.410.
SECTION 4: USE OF SPECIAL ASSESSMENT REVENUES FOR TILE PROMOTION OF
TOURISM AND CONVENTION BUSINESS IN SPOKANE COUNTY •
The revenues from the Special Assessments levied by Spokane County on the Operators of Lodging
Businesses situated within the Spokane County Tourism Promotion Area shall be used for the following
purposes only:
•
(1) The funding of all activities and expenditures designed to increase tourism promotion and
convention business within Spokane County as specified in the Spokane County Tourism
Promotion Area Budget,
(2) The marketing of convention and business that benefit local tourism and the Lodging
Businesses in Spokane County,
(3)The marketing of Spokane County to the travel industry in order to benefit local tourism and
the lodging businesses situated within the Spokane County Tourism Promotion Area,and
(4)The marketing of Spokane County to recruit major sporting events in order to promote local
•
tourism and to benefit the Lodging Businesses within the Spokane County Tourism Promotion
Area.
SECTION 5: ESTABLISHMENT OF THE SPOKANE HOTEL AND MOTEL COMMISSION
A. The Board of County Commissioners of Spokane County, pursuant to the authority of RCW
• . 35.101.130(1), hereby establishes an eleven(11)member Spokane Hotel and Motel Commission
to advise the Board of County Commissioners of Spokane County on the expenditure of Special
Assessment revenues collected within the Spokane County Tourism Promotion Area to fund
tourism promotion in Spokane County.
• B. Members of the Spokane Hotel and Motel Commission shall be selected by the Board of County
Commissioners of Spokane County, the City Council of Spokane and the City Council of
Spokane Valley from a list of nominees prepared by the Spokane Hotel and Motel Association.
All nominees for membership on the Spokane Hotel and Motel Commission must be Operators
of Lodging Businesses within Spokane County or employed by the Operator of such a Lodging
• I
• Page-4
• 4 0141
Business. One ex officio member of the Commission may be appointed from the members of the
Board of Commissioners of Spokane County; one ex officio member may be appointed from the
members of the City Council of the City of Spokane; and one ex officio member may be
appointed from the members of the City Council of the City of Spokane Valley. Ex officio
members of the Spokane Hotel-Motel Commission may participate in all discussions regarding
proposed activities and programs by the Spokane County Tourism Promotion Area for the
promotion and marketing of tourism in Spokane County but shall not have voting rights.
•
C. The Board of County Commissioners of Spokane County shall appoint two members, and one ex
officio member of the Spokane Hotel and Motel Commission, to represent the County of
Spokane; the City of Council of the City of Spokane Valley shall appoint two members, and one
• ex officio member,of the Spokane Hotel and Motel Commission to represent the City of Spokane
Valley; and the City Council of the City of Spokane shall appoint four members, and one ex
officio member,of the Spokane Hotel and Motel Commission to represent the City of Spokane.
D. The initial members of the Spokane Hotel and Motel Commission shall serve staggered terms,
• with one member serving a one-year term, two members serving for two-year terms, and three
members serving for three-year terms. The length of the team for each individual member of the
initial Spokane Hotel and Motel Commission shall be chosen by lot at the first meeting of the
Commission. Thereafter, all members subsequently appointed to the Spokane Hotel and Motel
• Commission shall serve for three-year terms.
E. All of the revenues from Special Assessments collected within the Spokane County Tourism
Promotion Area from Lodging Businesses shall be allocated by the Board of County
• Commissioners of Spokane County in accordance with the Annual Budget for the Spokane
County Tourism Promotion Area. The Spokane Hotel and Motel Commission shall make a
recommendation to the Board of County Commissioners on all Annual Budgets. The Board of
• • County Commissioners shall have the ultimate authority to set and approve all Annual Budgets.
SECTION 6: MODIFICATION OR DISESTABL.ISHMENT OF THE SPOKANE COUNTY
TOURISM PROMOTION AREA
A. The Board of County Commissioners of Spokane County,by appropriate action,may modify
the provisions of this Ordinance or provide for the disestablishment of the Spokane County
Tourism Promotion Area, after adopting a resolution of intention to such effect. Such
resolution of intention shall describe the change or changes proposed,or indicate that it is the
intention to disestablish the Spokane County Tourism Promotion Area, and shall state the
time and place of a public hearing to be held by the Board of County Commissioners of
. • Spokane County to consider the proposed action.
B. If the Operators of Lodging Businesses which pay for over forty percent(40%) of the Special
Assessments levied within the Spokane County Tourism Promotion Area file a petition with
the Clerk of the Board of Spokane County Commissioners requesting the Board of County
Commissioners of Spokane County to adopt a resolution of intention to modify or
disestablish the Spokane County Tourism Promotion Area, the Board of County
Commissioners of Spokane County shall adopt such resolution and act upon it as required by
law. Signatures on such petition shall be those of a duly authorized representative of the
operators of Lodging Businesses in the Spokane County Tourism Promotion Area. In the
• Page-5
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4 0141
event of failure on the part of the Board of County Commissioners to modify or disestablish
the Tourism Promotion Area the participating local governments reserve the right to
withdraw from the Spokane County Tourism Promotion Area upon three(3)months notice to
the other participating local governments. Provided, however, the effective date of any
modification or withdrawal shall be coordinated with the Washington State Department of
Revenue in conjunction with their responsibility to administer the special assessments
imposed pursuant to this Ordinance.
C. In the event the resolution under subsection A or subsection B proposes disestablishment of
the Spokane County Tourism Promotion Area. the Board of County Commissioners of
Spokane County shall disestablish the Spokane County Tourism Promotion Area unless at
such hearing protest against disestablishment is made by the operators of Lodging Businesses
paying over fifty percent (50%) of the Special Assessments in the Spokane County Tourism
Promotion Area.
SECTION NO.7: ADMINISTRATION/COLLECTION
The special assessment imposed under Section No. 2 shall be administered by the Washington State
Department of Revenue and shall be collected by Lodging Businesses from those guests who are taxable by
the state under chapter 82.08 RCW. The provisions of chapter 82.32 RCW apply to the special assessments
imposed under Section No.2.
• The special assessments collected by the Washington State Department of Revenue shall be deposited by
the Washington State Department in the local tourism promotion account created and maintained by the
State Treasurer. All receipts from the special assessments imposed hereunder must be deposited into this
account. Expenditures from the account may only be used for tourism promotion. The State Treasurer shall
distribute the money in the account on a monthly basis to Spokane County.
SECTION NO.8: INSPECTION
All Lodging Businesses subject to the special assessment as set forth in Section No. 2 herein and Spokane
County consent to the inspection of such records as are deemed necessary by the Washington State
Department of Revenue pursuant to applicable statues,rules or regulations.
SECTION NO.9: CONTRACT WITH STATE FOR ADMINISTRATION
The Chairman of the Board of County Commissioners of Spokane County, or a majority of the Board, is
authorized to enter into contract(s),at other than an open meeting,with the Washington State Department of
Revenue for the administration of the special assessments imposed pursuant to this Ordinance.
SECTION NO.10: VIOLATION/PENALTIES
Any person, firm or corporation who fails or refuses to collect the special assessment as required under the
terms of this Ordinance with the intent to violate the provisions of this Ordinance or to gain some advantage
•
or benefit, either directly or indirectly, or any guest who refuses to pay any special assessment due under
this Ordinance, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by
imprisonment in the County jail for a maximum term fixed by the court of not more than ninety (90)days,
or by a fine in the amount fixed by the court of not more than $1,000.00 or by both such imprisonment and
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is
i •
4 0141
, fine. Provided,however,the penalty provided for under the terms of this Section shall be in addition to any
other provisions provided for by law.
SECTION NO.11: MISCELLANEOUS
! , The Board of County Commissioners of Spokane County anticipate adopting under Resolution No. 04-
0170, to be passed and adopted on March 2, 2004, a Decision captioned: "IN THE MATTER OF
ADOPTING A RESOLUTION OF INTENTION TO ESTABLISH A TOURISM PROMOTION AREA
HAVING CERTAIN BOUNDARIES" wherein the Board will approved a Resolution of Intention to
Establish a Tourism Promotion Area having certain boundaries to include those of the City of Spokane,
City of Spokane Valley and unincorporated areas of Spokane County. In anticipation of this action, the
Board of County Commissioners has set March 9, 2004 at 2:00 p.m., or as soon as possible thereafter, in
the Public Works Building,Commissioner's Assembly Room as the date and time for a Public hearing on
an Ordinance to formally establish a Tourism Promotion Area .
SECTION NO.12: E F F E CTIVE DATE
• This Ordinance shall take effect as soon as the Washington State Department of Revenue is capable of
administering the Ordinance as set forth in written documentation received from the Department. It is it
anticipated that the effective date will be the earlier of April 1,2004,May 1,2004,June 1,2004,or July 1,
2004.
SECTION NO. 13. TERMINATION
This Ordinance shall continue in full force and effect until December 31, 2008, at which time it shall
. • automatically sunset, unless the Spokane County Tourism Promotion Area is disestablished in whole or
part as provided for in Section No. 6 hereinabove prior to such date. The Ordinance will automatically
be extended in three (3) year increments beyond December 31, 2008 if all three legislative bodies
evidence their joint intention to have their boundaries, or in the case of Spokane County the
unincorporated area, remain in the Spokane County Tourism Promotion Area. Evidence of such
intention to remain in the Spokane County Tourism Promotion Area and extend the provision of this
Ordinance shall be in the form of a resolution signed by the legislative body/mayor or written approval of
its chief executive officer/administrator/manager sent by certified mail to the Clerk of the Board of
! Spokane County. Such resolution or written approval must be received by the Clerk of the Board on or
before July 1, 2008,for the initial term,or six(6)months prior to the expiration date of any three(3)year
extension. In the event this Ordinance is extended*as provided for herein it shall not be necessary to
• conduct another Notice of Intention Hearing as provided for in RCW 35.101.030 or adopt a new
Ordinance as provided for in RCW 35.101.080.
SECTION NO.13: SEVERABILITY
If any part or provision of this Ordinance,or its application to any person or circumstance is held invalid,it
is the intent of the Board of County Commissioners of Spokane County that the remainder of this
Ordinance,or its application of the provisions to other persons or circumstances is not affected..
** ** *
Any person may appear at the time, place and date set forth hereinabove and present testimony in
favor of or in opposition to the proposed Ordinance. The Board of County Commissioners has concluded
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4 0141
that the proposed Ordinance is exempt from the State Environmental Policy Act and the local environmental
ordinance pursuant to WAC 197-11-800(15)and(20).
The Board of County Commissioners reserves the right to establish time limits for persons
• providing testimony at the public bearing.The Board of County Commissioners further reserves the right to
make changes to the proposed Ordinance after the public hearing which are not substantive in nature
including the deletion of sections. The Board of County Commissioners will not consider at the public
hearing any protests made by Lodging Businesses in the proposed Tourism Promotion Area. Such protests
were required to be made at an earlier advertised public hearing.
• Any person desiring additional information on the proposed Ordinance may contact James P.
• Emacio,Chief Civil Deputy Prosecuting at(509)477-5757.
DATED this/ ''day of 2004.
BOARD OP COUNTY COMMISSIONERS
OF SPOKANE COUNTY,WASHINGTON
s.4>0
• 1,9 oft co� y
o
• • #I ?a.HARRIS Chairman
ATTEST: 'll mitiOk" '
VICKY DALTON, t. ' •kVA t_I4 _ , •
• Clerk of the Board M.KA ' M. CASLJN,Vice-Chair
. _ - •//J /tl_1ar+_a�1
Danicla Erickson,Deputy JO ` `OSKELLEY
PUBLISH: AZ 7/0
The Valley Herald 4.
i '
•
Page-8
•
s •
C�Cam'.
NO. 04-0170
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY,WASHINGTON
IN THE MATTER OF ADOPTING A )
RESOLUTION OF INTENTION TO ESTABLISH )
A TOURISM PROMOTION AREA HAVING ) DECISION
CERTAIN BOUNDARIES )
THIS MATTER, being the consideration by the Board of County Commissioners ("the
Board") of the adoption of a Resolution of Intention to establish a Tourism Promotion Area having
certain boundaries, and the Board, as required RCW 35.101.030, having held a public hearing on
Tuesday, March 2, 2004, at 5:00 p.m. to consider those items more particularly set forth in Spokane
County Resolution No. 2004-0140, and the Board having considered all public testimony submitted at
said public hearing does hereby make the following decision and findings in support thereof:
DECISION
Approve the Resolution of Intention to establish a Tourism Promotion Area having certain
boundaries as set forth in Spokane County Resolution No.2004-0140.
In making the above decision the Board does hereby enter the following Findings of Fact in
support thereof:
FINDINGS OF FA cc
1. On November 4, 2003, an Initiation Petition ("the Petition") to establish a
Tourism Promotion Area as provided in chapter 35.101 RCW was presented to
the Board.
2. The Petition was accompanied by correspondence dated October 22, 2003, from
•
LeMaster & Daniels, PLLC, wherein it certified that die Petition contained
"...signatures of authorized operators of lodging businesses in the proposed area
who would pay sixty percent or more of the proposed Special Assessment
revenues were obtained. This letter was subsequently supplemented by a new
attachment, which indicated that 72.21% of those persons who operate lodging
business in the proposed area supported the establishment of a tourism
promotion area.
3. As required by RCW 35.101.030 the Board held a public hearing on March 2,
2004, at 5:00 p.m. to consider a Resolution of Intention to establish a Tourism
Promotion having certain boundaries as advertised under Spokane County
Resolution No. 2004-0140. The notice of public hearing was published in a
newspaper of general circulation at least ten (10) days prior to the date and time
of hearing. Additionally, a complete copy of Resolution No. 2004-0140 was
mailed to each lodging business within the proposed Tourism Promotion Area at
d�, 1 least ten (10,Iprior to the date and time of hearing. Provided, however that seven
v (7)of the lodging business were mailed a complete copy of Resolution No.2004-
0140 by certified mail.
Page 1 of 2
ir
O.
4. No individuals appeared at the advertised public hearing referenced in Finding of
Fact No. 3 and filed a protest in opposition to the Board's intent to establish a
Tourism Promotion Area having certain boundaries as advertised under Spokane
County Resolution No. 2004-0140.
5. All individuals appearing at the advertised public hearing referenced in Finding of
Fact No. 3 testified in support of Board's intent to establish a Tourism Promotion
Area having certain boundaries as advertised under Spokane County Resolution
No. 2004-0140.
PASSED AND)AD .•-:•.1,,\is 2"?d G2
elay of /G ,2004.
ATTEST: �o� °`e�" G4�'.-.Z�,It BOARD OF COUNTY COMMISSIONERS
VICKY M. DALT ; ..1.... ; OF SPOKANE, COUNTY, WASHINGTON
Clerk of the Board °� ' " •
�'�{t{ ...SEAL.. I� /��
g �k``,mc ,-.,--" P �I 1� _.,.ARRIS, Chair
• i1.: Ii I .4 _e/1 ' I
Daniela Erickson, Deputy egy ,, Cac2 L.=M. KA E ICASLIN, Vice-Chair
A V!`
,I , / 1 /
.t . �t1e.d.A.... ,A+11 _
Jo. l 'OS Y
/
1
Page 2 of 2
zr
NO. 4 0211
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON
IN THE MATTER OF AN )
ORDINANCE ESTABLISHING A )
TOURISM PROMOTION AREA ) RESOLUTION •
HAVING CERTAIN BOUNDARIES )
AND OTHER MA'ITIERS RELATED )
THERETO )
WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County
Commissioners of Spokane County has the care of County property and the management of
County funds and business; and
WHEREAS, pursuant to the provisions of chapter 35.101 RCW, the legislature set
forth a mechanism to establish a tourism promotion area and imposed a charge on the
furnishing of lodging by lodging businesses located in the area, the proceeds of which are to
be used for the sole purpose of tourism promotion; and
WHEREAS, pursuant to the provisions of RCW 35.101.030, the Board of County
Commissioners held a public hearing on March 2, 2004 at 5:00 P.M. to consider a
Resolution of Intention to Establish a Tourism Promotion Area Having Certain Boundaries
as advertised under Spokane County Resolution No. 04-0140. Pursuant to Spokane County
Resolution No. 04-0170, the Board of County Commissioners adopted a Resolution of
intention to Establish a Tourism Promotion Area Having Certain Boundaries; and
WHEREAS, pursuant to the provisions of RCW 35.101.080, the Board of County
Commissioners held a public hearing on March 9, 2004 at 2:00 P.M. to consider public
testimony and take action on an Ordinance Establishing a Tourism Promotion Area Having
Certain Boundaries and Other Matters Related Thereto as more particularly set forth in the
Notice of Public Hearing under Resolution No. 04-0141; and
WHEREAS, after considering all public testimony submitted at the March 9, 2004
2:00 P.M. public hearing and as authorized by RCW 35.101.080, the Board of County
Commissioners is desirous of adopting the Ordinance as advertised under Resolution No.
04-0141.
Page 1 of 2
4 0211
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of County
Commissioners of Spokane County, as authorized under chapter 35.101 RCW, that the
Board does hereby adopt that Ordinance as set forth in Spokane County Resolution No. 04-
0141, a copy of which is attached hereto as Attachment "A," and incorporated herein by
reference. In taking such action, the Board does further adopt each and every recital set
forth hereinabove in support of such action. The Clerk of the Board of County
Commissioners of Spokane County, or legal counsel, is requested to direct a copy of this
Ordinance to the Washington State Department of Revenue.
PASSED AND ADOPTED this day of7 2a4e L , 2004.
—pF comAtids ‘h+ BOARD OF COUNTY COMMISSIONERS
%'o��a .4):14 E..CO*e;� .}+��+ OF SPOKANE, COUNTY, WASHINGTON
e .
' C i1
44 SEAL 0•
+4,� F erns* �' �0/4 ARRIS, Chair
ATTEST:
VICKY M. DALTON di
CLERK OF THE BOARD Wi`.d1IL.
M. KATE MCCASLIN, Vice Chair
0 I / ‘1/4,61,67
Daniela Erickson, Deputy J► ROSKELLEY
H:U2esolatiwnLOUrism pmmotiun wee 031.1804.doc
Page 2 of 2
,
4 0211
A lQchritevt-& .(
NO 4 0141
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY,WASHINGTON
IN THE MATTER OF AN ORDINANCE )
ESTABLISHING A TOURISM PROMOTION )
AREA HAVING CERTAIN BOUNDARIES ) NOTICE OF PUBLIC HEARING
AND OTHER MAITt.RS RELATED THERETO )
NOTICE IS HEREBY GIVEN by the Board of County Commissioners of Spokane County,
pursuant to the provisions of RCW 35.101.080, that a public hearing will be held at 2:00 p.m., or as soon as
possible thereafter, on March 9, 2004, in the Public Works Building, Commissioner's Assembly Room,
1026 West Broadway,Spokane,Washington 99260.
The purpose of the public hearing will be for the Board of County Commissioners to consider
public testimony and take action on a proposed Ordinance which would establish a Tourism Promotion
Area within Spokane County, impose a charge on the furnishing of lodging by a Lodging Business located
in the Tourism Promotion Area, provide for the collection of the charge, provide for the administration of
the ordinance and other matters related thereto.
The full text of the proposed Spokane County Ordinance is as follows:
ORDINANCE NO.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE
COUNTY, WASHINGTON, ESTABLISHING A TOURISM PROMOTION AREA,
IMPOSING A CHARGE OF THE FURNISHING OF LODGING BY A. LODGING
BUSINESS LOCATED IN THE TOURISM PROMOTION AREA, PROVIDING FOR
THE COLLECTION OF THE CHARGE, PROVIDING FOR THE ADMINISTRATION
OF THE CHARGE,AND OTHER MATTERS RELATED THERETO.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE
COUNTY,WASHINGTON,as follows:
SECTION NO. 1:DEFINITIONS
As used in this ordinance, the following terms, unless the context otherwise dictates, shall have the
following meanings:
1.1 "Agreement" shall mean the Interlocal Cooperation Agreement between Spokane County, City
of Spokane and the City of Spokane Valley for the establishment of a Spokane County Tourism
Promotion Area by Spokane County as authorized by RCW 35.101.040(2).
1.2 "Lodging Business" means a business located within the Spokane County Tourism Promotion
Area that furnishes lodging taxable by the state under chapter 82.08 RCW that has forty (40) or
more lodging units.
Page- 1
4 0141
1.3 "Operator" means the Operator of a Lodging Business, whether in the capacity of owner,
general manager, lessee,sub lessee,mortgagee in possession,license or any other similar capacity.
1.4 "Room Revenues" means the gross per-night-charge (nights of stay) imposed for the rental of a
room or combination of rooms for Lodging.
1.5 "Special Assessment or Charge" means the levy imposed by Spokane County on the Operators
of a Lodging Business within the Spokane County Tourism Promotion Area and subsequently
passed on to the guests of the Lodging Business, under the authority of RCW 35.101.050, for the
purpose of providing for funding of tourism promotion in Spokane County.
1.6 "Spokane Hotel-Motel Association" means the Spokane Hotel-Motel Association, Inc., a
Washington non-profit corporation.
1.7 "Spokane Hotel and Motel Commission" means the Spokane Hotel and Motel Commission,
established by Spokane County, whose members are appointed by the Board of County
Commissioners of Spokane County, the City Council of the City of Spokane, and the City Council
of the City of Spokane Valley to provide recommendations to the Board of County Commissioners
of Spokane County on proposed uses and projects of the Spokane County Tourism Promotion Area.
1.8 "Spokane Metropolitan Area" means Spokane County, including the entire areas within the
jurisdiction of the City of Spokane,City of Spokane Valley and the unincorporated area of Spokane
County.
1.9 "Spokane County Tourism Promotion Area" means the Tourism Promotion Area created by the
Ordinance of the Board of County Commissioners of Spokane County pursuant to the authority of
chapter 35.101 RCW.
1.10 "Tourism Promotion" means activities and expenditures designed to increase tourism and
convention business, including but not limited to, advertising, publicizing, or otherwise distributing
information for the purpose of attracting and welcoming tourists to the Spokane Metropolitan Area.
1.11 "Transient Basis" means the rental of a room or rooms for dwelling, lodging, or sleeping
purposes by the Operator of a Lodging Business for a period of thirty (30) consecutive calendar
days or less,counting a portion of a day as a full calendar day.
1.12. "Zone" or "Zones" means the distinct geographic subarea or subareas within the Spokane
County Tourism Promotion Area as established by Ordinance of the Board of County
Commissioners of Spokane County.
1.13 "Annual Budget" shall mean the Spokane County Tourism Promotion Area budget for a fiscal
year, as adopted or amended by the Board of County Commissioners of Spokane County, after the
receipt of a recommendation from the Spokane Hotel and Motel Commission, identifying all
estimated revenue from Special Assessments for the fiscal year, and providing for all proposed uses
of Special Assessment revenue for the purpose of providing tourism promotion in Spokane County
for the ensuing fiscal year.
Page- 2
4 0141
SECTION NO.2: ESTABLISHMENT OF TOURISM PROMOTION AREA
There is hereby established a Tourism Promotion Area having boundaries which include the City of
Spokane, City of Spokane Valley and unincorporated area of Spokane County. Provided, however, no area
within the City of Spokane, City of Spokane Valley or unincorporated area of Spokane County shall be
included within the boundaries of the Spokane County Tourism Promotion Area unless the respective Cities
and County have entered into an Agreement as provided for in RCW 35.101.040(2).
SECTION NO.3: RATE
There is imposed and Lodging Business shall collect and Lodging guests shall pay a Special Assessment on
the furnishing of lodging by a Lodging Business located in the Tourism Promotion Area as follows:
The Special Assessments to be imposed on the operators of those Lodging Businesses with room
revenues during the preceding calendar year, which exceeded five hundred thousand dollars
($500,000.00),are as follows:
Zone A: $1.50 per room/day
Zone 13: $1.25 per room/day
Zone C: , $1.00 per room/day
Zone E: $0.00 per room or space/day
The Special Assessments to be imposed on the Operators of those Lodging Businesses with room
revenues during the preceding calendar year, which did not exceed five hundred thousand dollars
($500,000.00), are as follows:
Zone D: 50 cents per room/day
Zone E: 0 cents per room or space/day
Zone A. Zone A encompasses those Lodging Businesses located within the area of the
incorporated city limits of the City of Spokane defined as follows: Downtown core bordered by
Interstate 90 to the south, Hamilton Street to the east, Indiana Avenue to the north, and Monroe
Street to the west.
Zone B. Zone B encompasses those Lodging Businesses located within the area of the
incorporated city limits of Spokane and the City of Spokane Valley except those Lodging
Businesses located in Zone A.
Zone C. Zone C encompasses all Lodging Businesses located outside Zones A and B, but within
the unincorporated area of Spokane County.
Zone D. Zone D encompasses Lodging Businesses with room revenue under$500,000 per year,
situated within the Spokane County Tourism Promotion Area, regardless of their specific
location.
Zone E. Zone E encompasses Lodging Business located within the Tourism Promotion Area, as
that term is addressed in WAC 458-20-166 as it presently exists or may be hereinafter amended,
other than hotels, motels and bed and breakfast facilities. Lodging Business within this zone, as
Page- 3
4 0141
addressed in WAC 458-20-166, would include only (i) trailer camps and recreational vehicle
parks which charge for the rental of space to transients for locating or parking house trailers,
campers, recreational vehicles, mobile homes, and tents; (ii) educational institutions which sell
overnight lodging to person other than students; (iii) private lodging houses, dormitories, and
bunkhouses operated by or on behalf of businesses and industrial firms or schools solely for the
accommodation of employees of such firms or students which are not held out to the public as a
place where sleeping accommodations may be obtained; and (iv) guest ranches or summer camps
which, in addition to supplying meals and lodging, offer special recreational facilities and
instruction in sports, boating, riding, outdoor facilities and instruction in sports, boating, riding,
and outdoor living.
The Special Assessments imposed under this section are not a tax on the "sale of lodging" for the
purposes of RCW 82.14.410.
SECTION 4: USE OF SPECIAL ASSESSMENT REVENUES FOR THE PROMOTION OF
TOURISM AND CONVENTION BUSINESS IN SPOKANE COUNTY
The revenues from the Special Assessments levied by Spokane County on the Operators of Lodging
Businesses situated within the Spokane County Tourism Promotion Area shall be used for the following
purposes only:
(1) The funding of all activities and expenditures designed to increase tourism promotion and
convention business within Spokane County as specified in the Spokane County Tourism
Promotion Area Budget,
(2) The marketing of convention and business that benefit local tourism and the Lodging
Businesses in Spokane County,
(3)The marketing of Spokane County to the travel industry in order to benefit local tourism and
the lodging businesses situated within the Spokane County Tourism Promotion Area,and
(4) The marketing of Spokane County to recruit major sporting events in order to promote local
tourism and to benefit the Lodging Businesses within the Spokane County Tourism Promotion
Area.
SECTION 5: ESTABLISHMENI'OF THE SPOKANE HOTEL AND MOTEL COMMISSION
A. The Board of County Commissioners of Spokane County, pursuant to the authority of RCW
35.101.130(1), hereby establishes an eleven (11) member Spokane Hotel and Motel Commission
to advise the Board of County Commissioners of Spokane County on the expenditure of Special
Assessment revenues collected within the Spokane County Tourism Promotion Area to fund
tourism promotion in Spokane County.
B. Members of the Spokane Hotel and Motel Commission shall be selected by the Board of County
Commissioners of Spokane County, the City Council of Spokane and the City Council of
Spokane Valley from a list of nominees prepared by the Spokane Hotel and Motel Association.
All nominees for membership on the Spokane Hotel and Motel Commission must be Operators
of Lodging Businesses within Spokane County or employed by the Operator of such a Lodging
Page-4
4 0141
Business. One ex officio member of the Commission may be appointed from the members of the
Board of Commissioners of Spokane County; one ex officio member may be appointed from the
members of the City Council of the City of Spokane; and one ex officio member may be
appointed from the members of the City Council of the City of Spokane Valley. Ex officio
members of the Spokane Hotel-Motel Commission may participate in all discussions regarding
proposed activities and programs by the Spokane County Tourism Promotion Area for the
promotion and marketing of tourism in Spokane County but shall not have voting rights.
C. The Board of County Commissioners of Spokane County shall appoint two members, and one ex
officio member of the Spokane Hotel and Motel Commission, to represent the County of
Spokane; the City of Council of the City of Spokane Valley shall appoint two members, and one
ex officio member,of the Spokane Hotel and Motel Commission to represent the City of Spokane
Valley; and the City Council of the City of Spokane shall appoint four members, and one ex
officio member,of the Spokane Hotel and Motel Commission to represent the City of Spokane.
D. The initial members of the Spokane Hotel and Motel Commission shall serve staggered terms,
with one member serving a one-year term, two members serving for two-year terms, and three
members serving for three-year terms. The length of the term for each individual member of the
initial Spokane Hotel and Motel Commission shall be chosen by lot at the first meeting of the
Commission. Thereafter, all members subsequently appointed to the Spokane Hotel and Motel
Commission shall serve for three-year terms.
E. All of the revenues from Special Assessments collected within the Spokane County Tourism
Promotion Area from Lodging Businesses shall be allocated by the Board of County
Commissioners of Spokane County in accordance with the Annual Budget for the Spokane
County Tourism Promotion Area. The Spokane Hotel and Motel Commission shall make a
recommendation to the Board of County Commissioners on all Annual Budgets. The Board of
County Commissioners shall have the ultimate authority to set and approve all Annual Budgets.
SECTION 6: MODIFICATION OR DISESTABLISHMENT OF THE SPOKANE COUNTY
TOURISM PROMOTION AREA
A. The Board of County Commissioners of Spokane County, by appropriate action, may modify
the provisions of this Ordinance or provide for the disestablishment of the Spokane County
Tourism Promotion Area, after adopting a resolution of intention to such effect. Such
resolution of intention shall describe the change or changes proposed,or indicate that it is the
intention to disestablish the Spokane County Tourism Promotion Area, and shall state the
time and place of a public hearing to be held by the Board of County Commissioners of
Spokane County to consider the proposed action.
B. If the Operators of Lodging Businesses which pay for over forty percent(40%)of the Special
Assessments levied within the Spokane County Tourism Promotion Area file a petition with
the Clerk of the Board of Spokane County Commissioners requesting the Board of County
Commissioners of Spokane County to adopt a resolution of intention to modify or
disestablish the Spokane County Tourism Promotion Area, the Board of County
Commissioners of Spokane County shall adopt such resolution and act upon it as required by
law. Signatures on such petition shall be those of a duly authorized representative of the
operators of Lodging Businesses in the Spokane County Tourism Promotion Area. In the
Page - 5
4 0141
event of failure on the part of the Board of County Commissioners to modify or disestablish
the Tourism Promotion Area the participating local governments reserve the right to
withdraw from the Spokane County Tourism Promotion Area upon three(3) months notice to
the other participating local governments. Provided, however, the effective date of any
modification or withdrawal shall be coordinated with the Washington State Department of
Revenue in conjunction with their responsibility to administer the special assessments
imposed pursuant to this Ordinance.
C. In the event the resolution under subsection A or subsection B proposes disestablishment of
the Spokane County Tourism Promotion Area, the Board of County Commissioners of
Spokane County shall disestablish the Spokane County Tourism Promotion Area unless at
such hearing protest against disestablishment is made by the operators of Lodging Businesses
paying over fifty percent (50%) of the Special Assessments in the Spokane County Tourism
Promotion Area.
SECTION NO.7: ADMINISTRATION/COLLECTION
The special assessment imposed under Section No. 2 shall be administered by the Washington State
Department of Revenue and shall be collected by Lodging Businesses from those guests who are taxable by
the state under chapter 82.08 RCW. The provisions of chapter 82.32 RCW apply to the special assessments
imposed under Section No.2.
The special assessments collected by the Washington State Department of Revenue shall be deposited by
the Washington State Department in the local tourism promotion account created and maintained by the
State Treasurer. All receipts from the special assessments imposed hereunder must be deposited into this
account. Expenditures from the account may only be used for tourism promotion. The State Treasurer shall
distribute the money in the account on a monthly basis to Spokane County.
SECTION NO.8: INSPECTION
All Lodging Businesses subject to the special assessment as set forth in Section No. 2 herein and Spokane
County consent to the inspection of such records as are deemed necessary by the Washington State
Department of Revenue pursuant to applicable statues,rules or regulations.
SECTION NO.9: CONTRACT WITH STATE FOR ADMINISTRATION
The Chairman of the Board of County Commissioners of Spokane County, or a majority of the Board, is
authorized to enter into contract(s),at other than an open meeting,with the Washington State Department of
Revenue for the administration of the special assessments imposed pursuant to this Ordinance.
SECTION NO.10: VIOLATION/PENALTIES
Any person, firm or corporation who fails or refuses to collect the special assessment as required under the
terms of this Ordinance with the intent to violate the provisions of this Ordinance or to gain some advantage
or benefit, either directly or indirectly, or any guest who refuses to pay any special assessment due under
this Ordinance, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by
imprisonment in the County jail for a maximum term fixed by the court of not more than ninety (90)days,
or by a fine in the amount fixed by the court of not more than $1,000.00 or by both such imprisonment and
Page - 6
4 0141
fine. Provided, however, the penalty provided for under the terms of this Section shall be in addition to any
other provisions provided for by law.
SECTION NO. 11: MISCELLANEOUS
The Board of County Commissioners of Spokane County anticipate adopting under Resolution No. 04-
0170, to be passed and adopted on March 2, 2004, a Decision captioned: "IN THE MATTER OF
ADOPTING A RESOLUTION OF INTENTION TO ESTABLISH A TOURISM PROMOTION AREA
HAVING CERTAIN BOUNDARIES" wherein the Board will approved a Resolution of Intention to
Establish a Tourism Promotion Area having certain boundaries to include those of the City of Spokane,
City of Spokane Valley and unincorporated areas of Spokane County. In anticipation of this action, the
Board of County Commissioners has set March 9, 2004 at 2:00 p.m., or as soon as possible thereafter, in
the Public Works Building, Commissioner's Assembly Room as the date and time for a Public hearing on
an Ordinance to formally establish a Tourism Promotion Area .
SECTION NO. 12: EFFECTIVE DATE
This Ordinance shall take effect as soon as the Washington State Department of Revenue is capable of
administering the Ordinance as set forth in written documentation received from the Department. it is it
anticipated that the effective date will be the earlier of April 1, 2004, May 1, 2004, June 1,2004, or July 1,
2004.
SECTION NO. 13. TERMINATION
This Ordinance shall continue in full force and effect until December 31, 2008, at which time it shall
automatically sunset, unless the Spokane County Tourism Promotion Area is disestablished in whole or
part as provided for in Section No. 6 hereinabove prior to such date. The Ordinance will automatically
be extended in three (3) year increments beyond December 31, 2008 if all three legislative bodies
evidence their joint intention to have their boundaries, or in the case of Spokane County the
unincorporated area, remain in the Spokane County Tourism Promotion Area. Evidence of such
intention to remain in the Spokane County Tourism Promotion Area and extend the provision of this
Ordinance shall be in the form of a resolution signed by the legislative body/mayor or written approval of
its chief executive officer/administrator/manager sent by certified mail to the Clerk of the Board of
Spokane County. Such resolution or written approval must be received by the Clerk of the Board on or
before July 1, 2008, for the initial term, or six(6)months prior to the expiration date of any three(3)year
extension. In the event this Ordinance is extended as provided for herein it shall not be necessary to
conduct another Notice of Intention Hearing as provided for in RCW 35.101.030 or adopt a new
Ordinance as provided for in RCW 35.101.080.
SECTION NO. 13: SEVERABILiTY
If any part or provision of this Ordinance, or its application to any person or circumstance is held invalid, it
is the intent of the Board of County Commissioners of Spokane County that the remainder of this
Ordinance,or its application of the provisions to other persons or circumstances is not affected.
* * * * *
Any person may appear at the time, place and date set forth hereinabove and present testimony in
favor of or in opposition to the proposed Ordinance. The Board of County Commissioners has concluded
Page- 7
•
4 0141
that the proposed Ordinance is exempt from the State Environmental Policy Act and the local environmental
ordinance pursuant to WAC 197-I 1-800(15)and(20).
The Board of County Commissioners reserves the right to establish time limits for persons
providing testimony at the public hearing.The Board of County Commissioners further reserves the right to
make changes to the proposed Ordinance after the public hearing which are not substantive in nature
including the deletion of sections. The Board of County Commissioners will not consider at the public
hearing any protests made by Lodging Businesses in the proposed Tourism Promotion Area. Such protests
were required to be made at an earlier advertised public hearing.
Any person desiring additional information on the proposed Ordinance may contact lames P.
Emacio,Chief Civil Deputy Prosecuting at(509)477-5757.
DATED this/7#'day of Ftrbt , 2004.
,,,,, BOARD OF COUNTY COMMISSIONERS
of conq,�Cs OF SPOKANE COUNTY,WASHINGTON
o s� it
•0 E CpG� py y
dir
i/%lam
', • • : P err,.. RRIS,Chairman
r11`NA SEAL
ATTEST: t�fJ v 1 t4
DALTON, `��. ` 4 /4 _ ' •
V1CKY D i_ w
Clerk of the Board M.KATE M, CASLIN,Vice-Chair
SL IWO& a- 1 L-J
•
Daniela Erickson, Deputy JO s` 'OSKELLEY
PUBLISH: 4q/ 7/04/
The Valley Herald C.
Page- 8
Z2
•
NO. 4 0212
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON
IN THE MATTER OF EXECUTING AN )
iNTERLOCAL COOPERATION ACT )
AGREEMENT FOR ESTABLISHMENT ) RESOLUTION
OF SPOKANE COUNTY TOURISM )
. PROMOTION AREA AMONG THE CITY )
OF SPOKANE, CITY OF SPOKANE )
VA1:1:FY AND SPOKANE COUNTY )
WHEREAS, the 2003 State Legislature of the State of Washington recognized the
importance of tourism promotion in the State of Washington and passed Engrossed Substitute
Senate Bill Nio. 6026, now codified as chapter 35.101 RCW, authorizing the establishment of a
Tourism Promotion Area by a County and permitting the levy of Special Assessments to fund
tourism promotion; and
WHEREAS, the Operators of Lodging Businesses within the County of Spokane
presented an Initiation Petition to Spokane County seeking to have the Board of County
Commissioners of Spokane County establish a Spokane County Tourism Promotion Area,
specifically including the areas within the jurisdiction of the City of Spokane and Spokane Valley
and unincorporated area of Spokane County; and
WHEREAS, pursuant to the provisions of RCW 35.101.040(2), the Board of County
Commissioners of Spokane County has the authority to enter into an Interlocal Agreement with
the City of Spokane and Spokane Valley to establish a Tourism Promotion Area and include,
within the boundaries of the Tourism Promotion Area the area within the jurisdiction of the City
of Spokane, Spokane Valley and unincorporated area of Spokane County; and
WHEREAS, the Board of Commissioners of Spokane County following a hearing held
on March 2, 2004 adopted a "Resolution of Intention to Establish a Spokane County Tourism
Promotion Area Having Certain Boundaries," under Resolution No. 2004-0170; and
WHEREAS, the Board of County Commissioners of Spokane County held a public
hearing on March 9, 2004 for the purpose of adopting an Ordinance which would establish a
Tourism Promotion Area within Spokane County, to include properties within the City of Spokane,
City of Spokane Valley and the unincorporated area of Spokane County, impose a charge on the
furnishing of lodging by a Lodging Business located in the Tourism Promotion Area, provide for
the collection of the charge, and provide for the administration of other matters related thereto; and
Page 1 of 2
4 0212
WHEREAS, under chapter 35.101 RCW, the Board of County Commissioners cannot
include within the boundaries of any Tourism Promotion Area properties located within any
incorporated city unless that city executes an agreement under chapter 39.34 RCW authorizing
inclusion of its properties; and
WHEREAS, the Board of County Commissioners of Spokane County is desirous of
entering into an interlocal cooperation agreement with the City of Spokane and City of Spokane
Valley where all three entities will agree to the formation of a Tourism Promotion Area to
include properties within the boundaries of the City of Spokane, City of Spokane Valley and
unincorporated area of Spokane County, the imposition of a charge on the furnishing of lodging by
a Lodging Business located in the Tourism Promotion Area, the collection of the charge, and other
matters related thereto.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of County
Commissioners of Spokane County, that either the Chairman of the Board, or a majority of the
Board, be and is hereby authorized to execute that document entitled "INTERLOCAL
COOPERATION ACT AGREEMENT FOR ESTABLISHMENT OF SPOKANE CUNTY
TOURISM PROMOTION AREA" pursuant to which, under certain terms and conditions the
City of Spokane, City of Spokane Valley, and Spokane County will agree to the formation of a
Tourism Promotion Area to include properties within the City of Spokane, City of Spokane
Valley and unincorporated area of Spokane County, the imposition of a charge on the furnishing
of lodging by a Lodging Business located in the Tourism Promotion Area, the collection of the
charge, and other matters related thereto.
PASSED AND ADOPTED this 47//7 day of , 2004.
_� of coM 4/45, ` BOARD OF COUNTY COMMISSIONERS•
S o��Q�t� E ki
"14cu6.qt. 'I OF SPOKANE, COUNTY, WASHINGTON
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ATTEST:
VICKY lvf. DALTON ta
CLERK OF THE BOARD •L -
M. KATE M ✓SLIN
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Daniela Erickson, Deputy J• ' ROSKELLEY
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Page 2 of 2
n OFFICE OF THE CITY CLERK
Sl O 808 VV.SfvKAxE
• ' SPC'KANE, WASH!Knox 99201-3342
(509)625-6350
1 � '' 111 11
. February 19, 2004
City Clerk File Nos.:
OPR 03-982
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COUNCIL ACTION MEMORANDUM
RE: REVISED AGREEMENT TO ESTABLISH SPOKANE COUNTY TOURISM
PROMOTION AREA BETWEEN THE CITY OF SPOKANE, CITY OF
SPOKANE VALLEY AND SPOKANE COUNTY
During its 3:30 p.m. Briefing Session held Monday, February 16, 2004, the
Spokane City Council took the following actions:
•
Motion by Council Member French, seconded by Council Member
Rodgers, to suspend the (Council) Rules carried unanimously
(Council Member Stark absent).
Motion by Council Member French, seconded by Council Member
Rodgers, to place the revised agreement to establish the Spokane
County Tourism Promotion Area between the City of Spokane, City
of Spokane Valley and Spokane County on the (February 16)
Consent Agenda carried unanimously (Council Member Stark
absent).
Subsequently, during its Administrative Session, which immediately follows the
Briefing Session, the Council took the following action:
Motion by Council Member Rodgers, seconded by Council
Member French, to approve the February 16, 2004 Consent
Agenda items (excluding Item 4 [Contract with WCCC] which was
moved to the 6 p.m. Legislative Session and including the revised
agreement to establish the Spokane County Tourism Promotion
Area) carried unanimously (Council Member Stark absent).
4:W. -
Terri L. Pfister, C
Spokane City Cler
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l Y 17
`/''—4R EC E I V E t L3-2°°2 a2
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AGENDA SHEET FOR COUNCIL MEETING OF: � av 1.-6). S17UKAI�TE
FEB 12 2004 /'
Submitting Dept. Contact Person Phone No'CITY CLERK'S OFF[
SPOKANE, WA `
ADMINISTRATIVE SESSION LEGISLATIVE SESSION CITY PRIORITY
X Contract o Emergency Ord o Communications CLERK'S FILE OPR 03 982
o Report o Resolution X Economic Development RENEWS
o Claims o Final Reading Ord o Growth Management CROSS REF
o First Reading Ord o Human Services ENG
STANDING COMMITTEES o Special Consideration o Neighborhoods BID
(Date of Notification) o Hearing o Public Safety REQUISITION
o Finance o Public Safety o Quality Service Delivery Neighborhood/Commission/Committee Notified:
o Neighbatioods oPublic Works o Racial Equity/Cultural Diversity
o Planning/Community&Econ Dev o Rebuild/Maintain Infrastructure Action Taken:
AGENDA Revised agreement to establish Spokane County Tourism Promotion area between the City of Spokane,City of Spokane
Valley and Spokane County.
WORDING:
BACKGROUND' This agreement supports creation of a'tourism promotion area"(TPA)authorized by SB 6026(RCW 35.101)requested by
{Attach additional the HoteUMotel industry. It allows lodging businesses to be assessed charges ranging from 51.50/room/day to 50
sheet if necessary) cents/room/day to be used to fund tourism promotion activities. The money will be collected by the State Department of
Revenue (DOR) and paid over to Spokane County to administer. An 8 member advisory hotel motel commission is also
created. A similar contract was approved by the City Council November 10, 2003, but Spokane Valley, County and DOR
then requested modifications.DOR requested a technical correction to comply with its interpretation of its duties under the
statute. [provision for zone E in paragraph 3B to cover non hotel/motel lodging businesses- no assessment charged).
Additional changes requested include't) delete paragraph 2C which restricted uses of the funds collected; 2) reword
provision 6A to remove express.mention of•Spokane Regional Visitors and Convention Bureau as TPA manager; same
change in 6C3;3)removal of provision 7Oso that 7D beoomes new 7C.The removed paragraph allowed a protest by those
which pay over 40%of the assessmonts;in.the1HoleIMotel industry to block a proposed County change of the TPA area or
assessment. Added however was a provision-for local governments to withdraw from the Agreement on 3 months notice
upon protest by over 40%of this same group;,4).provision for the agreement to expire on 12/31/08 unless extended in 3
year increments;5)provision 8 H for the TPA to hire an attorney and pay legal costs in case of litigation.
RECOMMENDATION: approve Fiscal Impact: X NM Budget Account: o N/A
o Expenditure: $
o Revenue: $ #
o Budget Neutral
ATTACHMENTS: Include in Packets: XX •
On file for Review in Office of City Clerk:
SIGNATURES: ' -
Depart ent Head Divi •n Directo/.• / Finan
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Legal ity *MI for for`Mayor C.•ncil President
DISTRIBUTION: See distribution 11-10-03
COUNCIL ACTION:
February 16, 2004: See Council Action Memorandum dated February 19, 2004, for
Council Action on February 16, 2004... •
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