Loading...
Resolution 21-008 Notice of TPA Termination CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON RESOLUTION NO.21-008 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, GIVING NOTICE OF TERMINATION OF AMENDMENT NO. 3 AND RESTATED INTERLOCAL COOPERATION ACT AGREEMENT FOR ESTABLISHMENT OF SPOKANE COUNTY TOURISM PROMOTION AREA,AUTHORIZING THE CITY MANAGER • TO FINALIZE AND EXECUTE ALL DOCUMENTS AND ACTIONS NECESSARY ACCOMPLISH THE SAME,AND OTHER MATTERS RELATING THERETO. WHEREAS, in 2003, the Washington State Legislature recognized the importance of tourism promotion and adopted chapter 35.101 RCW,which authorized the establishment of a Tourism Promotion Area(TPA) by a county or local municipality,and the levy of special assessments on lodging businesses to fund tourism promotion therein; and WHEREAS, pursuant to RCW 35.101.080, the Board of County Commissioners of Spokane County adopted Ordinance No. 04-0211, which established a TPA having certain boundaries to include the unincorporated area of Spokane County,the City of Spokane, and City of Spokane Valley. Ordinance No. 04-0211 also established a special assessment on operators of qualifying lodging businesses within the TPA on the furnishing of lodging; and WHEREAS,pursuant to RCW 35.101.040(2),the Parties entered into an interlocal agreement dated March 9, 2004 entitled "Interlocal Cooperation Act Agreement for Establishment of Spokane County Tourism Promotion Area"(TPA Agreement)wherein a TPA was formed to include properties within the boundaries of the unincorporated area of Spokane County,the City of Spokane, and the City of Spokane Valley. The TPA Agreement was subsequently amended in 2008 to modify the termination section,and further amended in 2009 to recognize an increase in certain of the special assessments on operators of lodging businesses within the TPA; and WHEREAS, in 2020, the Parties adopted "Amendment No. 3 and Restated Interlocal Cooperation Act Agreement for Establishment of Spokane County Tourism Promotion Area" (hereafter referred to as the 2020 Restated TPA Agreement) which amended and restated the TPA Agreement to increase the nightly assessment from $2.00 to $4.00 beginning April 1, 2021, added quarterly reporting requirements to the Parties,and added a termination provision that may be invoked by a Party to terminate the TPA Agreement so long as certain advance notice is provided to the other Parties; and WHEREAS, due to concerns about whether sufficient member hoteliers had approved the increase in the assessment rate, Spokane County took subsequent legislative action in January 2021 to re-approve the new rates. However,the Section 8 termination provision was not changed in any fashion and the 2020 Restated TPA Agreement was not amended, modified, or terminated; and WHEREAS, Section 8(E) of the 2020 Restated TPA Agreement clarifies that the document integrates the terms and conditions of all prior agreements, effectively making the 2020 Restated TPA Agreement the only agreement relating to the regional TPA in effect following adoption; and WHEREAS, the City Council for the City of Spokane Valley desires to give notice of termination of the TPA Agreement to the extent that it may still have any force and effect and the 2020 Restated TPA Agreement pursuant to Section 8(A)of 2020 Restated TPA Agreement executed on or about December 15, 2020. Resolution 21-008—Terminating Tourism Promotion Area Interlocal Agreement Page 1 of 2 NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington as follows: Section 1. Notice of Termination of the Spokane County Tourism Promotion Area Agreement. The Spokane Valley City Council hereby gives notice to all Parties that it is invoking the termination provisions of Section 8(A) of the Amendment No. 3 and Restated Interlocal Cooperation Act Agreement for Establishment of Spokane County Tourism Promotion Area, executed on or about December 15, 2020 by Spokane County, City of Spokane, and City of Spokane Valley. Section 8(A) is invoked if: "...the legislative body for ... (the) City of Spokane Valley takes formal action in the form of a resolution to give notice of termination of the Agreement. If this termination provision is invoked, a signed copy of the resolution giving notice of termination shall be delivered either by personal delivery or by regular United States mail delivery to each of the other parties, and shall occur no later than 4:00 pm on March 31,2022,with an effective date of termination of December 3 I,2022. This Resolution hereby serves as notice of termination of the City of Spokane Valley's participation in the Spokane County Tourism Promotion Area, Amendment No. 3 and Restated InterlocaI Cooperation Act Agreement for Establishment of Spokane County Tourism Promotion Area; and the Interlocal Cooperation Act Agreement for Establishment of Spokane County Tourism Promotion Area entered into by the Parties on or about March 9, 2004, and as amended in 2008 and 2009, to the extent such agreement still has any force and effect. Section 2. Effect. As such, Amendment No. 3 and Restated InterlocaI Cooperation Act Agreement for Establishment of Spokane County Tourism Promotion Area, executed on or about December 15, 2020, is terminated with respect to the City of Spokane Valley, effective 11:59 p.m. on December 31, 2022. No assessments shall be collected from any qualifying lodging businesses within the City of Spokane Valley's municipal corporate limits beyond that date and the City of Spokane Valley shall not participate in the Spokane County Tourism Promotion Area after that time and date. Section 3.Repeal of any prior inconsistent authorizations.The City Council repeals any prior authorizations which may be in conflict with this Resolution,whether they were express or implied. Section 4.Effective Date.This Resolution shall be effective upon adoption. Adopted this 26th day of October, 2021. CITY OF SPOKANE VALLEY U Ben Wick,Mayor AT • tAt%> 5821;.4-4/ 6 hristine Bainbridge, City Clerk Approv to form: —Office f the City Attorney Resolution 21-008—Terminating Tourism Promotion Area InterlocaI Agreement Page 2 of 2