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
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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