08-070 Amendment 1 Tourism Promotion 8 0644
AMENDMENT NO. 1 TO 1:NNTERLOCAL COOPERATION ACT AGREEMENT FOR
ESTABLISHMENT OF SPOKANE COUNTY TOURISM PROM.OTiON AREA
TI.11:S AMENDMENT NO. 1 AGREEMENT, made and entered into among Spokane
County, a political subdivision of the State of Washington, having offices for the transaction of
business at 1116 West Broadway Avenue, Spokane, Washington 99260, hereinafter referred to as
the "County," the City of Spokane, a municipal corporation of the State of Washington having
offices for the transaction of' business at 808 West Spok.ane Falls Blvd. Spokane, Washington
99201; hereinafter referred to as the "City", -and the City of Spokane Valley, a municipal
• corporation of. the State of Washington, having offices for the transaction of business at the
Redwood Plaza, 11707 East Sprague Avenue, Suii:e 106, Spokane Valley, Washington 99206,
hereinafter referred to at"Spokane Valley"jointly referred to as the`Parties."
WITNESS ETH:
WHEREAS, pursuant to the provisions of RCW 36.32.120(6), Spokane County, through
the Board of County Commissioners of Spokane County, has the care of county property and the
management OF county funds and business; and
WHERE-AS, in 2003, the Washington State Legislature recognized the importance of
tourism promotion and passed Engrossed Substitute Senate Bill No. 6026, now codified as
chapter 35_101 RCW. That legislation authorized the establishment of a Tourism Promotion
Area by a county and the levy of special assessments on lodging businesses to fund tourism
promotion therein; and
WHEREAS, pursuant to the provions of RCW 35.101.080, the Board of County
Commissioners of Spokane County adopted an Ordinance No. 04-0211 which established a
'Courisni Promotion Area having certain boundaiies to include the- unincorporated area of
Spokane County, the City of Spokane, and City of Spokane Valley. Ordinance No. 04-0211
addressed the termination of the Tourism Promotion Area and provided as follows:
SECTION NO. 1.3. 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 fonn of a resolution signed by the legislative body/mayor or written approval
of its chief executive officer/administrator./rnianager sent by certified mail to the.
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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 R.CW
35.101.030 or adopt a new Ordinance as provided for in RCW 35.101.080.
WHEREAS, pursuant to the provisions of RCW 35.101.040(2), the Parties entered into
an interlocal agreement dated March 9, 2004 entitled "INTERLOCAL COOPERATION ACT
AGREEMENT FOR ESTABLISHMVIENT OF SPOKANE COUNTY TOURISM PROMOTION
AREA" (the "Agreement") wherein a Tourism Promotion Area was formed to include properties
within the boundaries of the unincorporated area of Spokane County, City of Spokane, and City
of Spokane Valley. Section 8 (A) of Agreement addressed termination and provided as follows:
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.
WHE.R.EAS, the Spokane Hotel and Motel Commission, governing board of the Spokane
County Tourism Promotion Area, recommended to the Board of County Commissioners, City of'
Spokane and City of Spokane Valley that SECTION NO. 13. TERMINATION within the
Ordinance as well as Section 8A of the Agreement be modified to provide as follows:
(Ordinance No. 04-0211 modification.)
(Underlined language added, lined out language deleted.)
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SECTION NO. 13. TERIV11NATION
This Ordinance shall continue in full force and effect until Dec—ember-3474008,M
which time it s1 a•l-entematicallyssunset unless Spok-ai urism
modified or disestablished in whole or part as provided for in
Section No. 6 hereinabove. prier to such d°t° automatically
i d Deee F4-1, 2008 :cal tt,.ee
Ease--e -: - _ ., - -e-Spekaffe-Gettety
. a—Fvidencc ttie• pekane
County-•Tow4s-- • _ : . . - . - .: • e : •.. .
13- - . . - . 'gn-. : - - . _ - . •-
. - . . .. • . - •-negersent-bteer-tified-mail
to the Clork-e -th
mes rrly 1, 2008, fer the
1R9ttfl , 'o - . . . . ..• . . - -}}�
e:'•tension. In the event this Ocdifan 'd d c r herein dual
/'�-W-3-54//--�� a ti
(Agreement modification.)
•
(Underlined language added, lined out language deleted.)
8. Miscellaneous Provisions:
A Duration and Termination of this Agreement. (I) This Agreement
shall continue in full force and effect until such time as the Spokane
County Tourism Promotion Area is modified or disestablished by action of
the Board of County Commissioners of Spokane County as provided in
Section 7 above. (-2-)-T•his egreement---shell--expirc December 31, 2008,
1?R(� !e •, - - - - _ • e• -- . - -- . .
Sp, Cottn ed
- - - = •slab . . - • . _ _ • _ • - - -
exeetttive-: - . . - • . . - • - • =ease
th- - - . . - D - e : . - - - . - -nee. (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.
NVHEREAS, the Board of County Commissioners held a public hearing on May 13, 2008
to consider amending SECTION NO. 13. TERMINATION of the Ordinance as provided herein
above. After said public hearing the Board of County Commissioners adopted Resolution No. 08-
0465 modifying the Ordinance as provided for herein above. The Parties, consistent with the
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County's action under Resolution No. 08-0465, desire to modify Section 8 (A) of Agreement as
provided for herein above.
NOW, THEREFORE, BE IT HEREBY AGREED among the Parties hereto that the
agreement entered into among the Parties dated March 9, 2004 and entitled "INTERLOCAL
COOPERATION ACT AGREEMENT FOR ESTABLISHMENT OF SPOKANE COUNTY
TOURISM PROMOTION AREA" be and is hereby modified in Section 8 (A) to provide as
follows:
(Underlined language added, lined out language deleted.)
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 modified or disestablished by action of
the Board of County Commissioners of Spokane County as provided in
Section 7 above. (2) Th•i . -- - -.• - ` -- • . - e"-
PROVIDED, it ma : - . - .-. '.. - - • • - • • -- . _. -eftf-e€
either by reseIu ie
cxceutivc o4 ieer. Tl. timi ng o f .h-eensent-sl }d.be-coorda�i
the-reeds venue-(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.
BE IT FURTITER RESOLVED among the Parties hereto, that but for that change to
Section 8 (A) as set forth herein above, all other terms within the agreement dated March 9, 2004
and entitled "INTERLOCAL COOPERATION ACT AGREEMENT FOR ESTABLISHMENT
OF SPOKANE COUNTY TOURISM PROMOTION AREA"shall remain in full force and effect
without any change or modification whatsoever.
IN WITNESS WHEREOF the Parties have caused this Agreement No. 1 to be executed
on the date and year opposite their respective signature blocks. This Agreement No. 1 may be
executed in any number of counterparts, each of which, when so executed and delivered, shall be an
original, but such counterparts shall together constitute but one and the same. The effective date of
Agreement No. 1 shall be the last signature date.
(This Space Intentionally Left Blank)
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ATTEST: /�4'� '''• • '_ BOARD OF COUNTY COMMISSIONERS
��', ' J OF SPOKANE C iTY, WASHINGTON •
7 :zr
B • lalrrt�1,„d ./ _ti�f� BONNIE MAGER,Chair —
DAN1.ELA ERI KSON
Clerk of the Board ' / itd...04e
TOD� MIELKF i
DATED this day ot( , 2008
MARK RICHARD, Commissioner
D , I• < o� 4 d e6f b _ CITY OF SPOKANE
S4 6 • 1V4' I
• s !�i y: QZ-∎4
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Its u !• 1�
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,,\,.t a :I r' : ,,0 Approved as to form:
f L,
AS.
_11 It /A ' s''-- .?°leedtel:,/-9e- -e-ei.
City Clerk
IF Assistant City Attorney
SPOKANE VALLEY
13y: ,.
Title: ..�i_ _/ - ./, -- •
•AT •S'. • Approved as to form:.?: 5-.4..8.
-City Clerk / City cm rney
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• ;'Ilk Soiç r• �1�i":r sI;;� ultl
OFFICE OF COUNTY COMMISSIONERS
TODD MIELKE, 1ST DISTRICT • MARK RICHARD, 2ND DISTRICT • BONNIE A. MAGER, 3RD DISTRICT
July 2, 2008 .
City of Spokane Valley
11707 E.Sprague Ave.
Spokane WA 99206
Attn.: Chris Bainbridge, City Clerk
Dear Chris,
Enclosed is the following item:
• (Original) "Amendment No. 1 to interloca.l Cooperation Act
Agreement for establishment of Spokane County Tourism
Promotion Area."
Yours very truly,
dititthio
Daniela Erickson
Clerk of the Board
Spokane County Commissioners
Encl.
1 11 1 WEST BROADWAY AVENUE • SPOKANE, WASHINGTON 99260-0100
(509) 477-2265