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Home My WebLink About3669 Ordinance ` f ORDINANCE NO. 3669 AN ORDINANCE CREATING THE PASCO TOURISM PROMOTION AREA; ASSESSING A SPECIAL LODGING ASSESSMENT AND CREATING A FUND THEREFORE; AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE CITIES OF KENNEWICK AND RICHLAND, WASHINGTON PROVIDING FOR THE ADMINISTRATION OF THE TRI- CITIES REGIONAL TOURISM PROMOTION AREA. WHEREAS, the Washington Legislature has recognized the importance of tourism promotion within the State of Washington and has passed Engrossed Substitute Senate Bill No. 6026 authorizing the establishment of a Tourism Promotion Area by the City for the purpose of increasing tourism and convention business within our State; WHEREAS, this legislation provides a means of funding this increased level of attracting tourists and convention participants by the levy of a Special Lodging Assessment within the City; and WHEREAS, the operators of lodging businesses within the City of Pasco have presented an Initiation Petition to the Pasco City Council seeking to have the City Council establish a Pasco Tourism Promotion Area in conjunction with and as a part of the Tri-City Regional Tourism Promotion Area created by an Interlocal Agreement between the Cities of Pasco, Kennewick and Richland; and WHEREAS, the Initiation Petition submitted to the City Council includes: (1) A description identifying the boundaries of the proposed Pasco Tourism Promotion area to include all of that territory within the city limits of the City of Pasco, and as part of the Tri-City Regional Tourism Promotion Area to include the territory within the city limits of the Cities of Kennewick and Richland, Washington; and (2) The proposed uses and projects for which the proposed revenue from the Special Lodging Assessment levied would be dedicated, and the total estimated costs of such uses; and (3) The estimated rate for the Special Lodging Assessment to be levied on Lodging Businesses within the Pasco Tourism Promotion Area and within the Tri-City Regional Tourism Promotion Area; and (4) The signatures of the persons who operate Lodging Businesses in the proposed Pasco Tourism Promotion Area who would pay over sixty percent (60%) of the proposed Special Lodging Assessment levied within the area; and WHEREAS, the City Council of the City of Pasco, Washington, has adopted Resolution No. 2817 entitled "A Resolution of Intention to Establish the Pasco Tourism Promotion Area as a part of the Tri-City Regional Tourism Promotion Area" for the promotion of tourism and convention business within the Tri-City region which Resolution was duly published and copies thereof were mailed to each Lodging Business within the proposed Pasco Tourism Promotion Area as provided by law; and WHEREAS, a public hearing was held before the City Council of the City of Pasco, Washington at Pasco City Hall located at 525 N. 3rd Avenue, Pasco, Washington at 7:00 p.m. on the 7th day of June, 2004, concerning the formation of the area and providing an opportunity for presentation of all protests and the receipt of evidence for and against this proposed action; and WHEREAS, the City Council of the City of Pasco, Washington has determined that the creation of a Pasco Tourism Promotion Area in conjunction with the Tri-City Regional Tourism Promotion Area, would serve a vital function in creating additional resources specifically aimed at increasing tourism and convention attendance within the Tri-City's area; and WHEREAS, the City Council of the City of Pasco, Washington has the authority granted in RCW 35.101.040 to enter into an Interiocal Agreement with the Cities of Kennewick and Richland, Washington to establish a Tri-City Regional Tourism Promotion Area; and WHEREAS, RCW 35.101.130 authorizes the creation of a new Hotel and Motel Commission to make recommendations in regards to the uses and the expenditures of the revenues generated by the Special Lodging Assessment, and to contract with a Tourism Destination Marketing Organization to administer the operation of the Tourism Promotion Area and conduct the promotional activities necessary for the increase in tourism, sports and convention events; and WHEREAS, the Tri-City Visitor & Convention Bureau is a Tourism Destination Marketing Organization qualified to perform these services of administrating the operation of the Tourism Promotion Area in compliance with all applicable laws; and WHEREAS, a consolidated Tri-City Regional Tourism Promotion Area would minimize duplicative and conflicting efforts among the Cities and provide a more efficient and powerful means of tourism promotion benefiting the Tri-City region as well as the City of Pasco. NOW, THEREFORE, the City Council of the City of Pasco, Washington do ordain as follows: Section 1. Creation of Pasco Tourism Promotion Area. There is hereby created and established the Pasco Tourism Promotion Area consisting of that territory within the city limits of the City of Pasco, Washington as a component and as part of the Tri-City Regional Tourism Promotion Area as created by the "Interlocal Cooperation Act Agreement for the Establishment of the Tri-City Regional Tourism Promotion Area," a copy of which is attached hereto and incorporated by this reference as Exhibit "1". Section 2. Authorization of Special Lodging Assessment and Creating New Chapter 3.99 of the Pasco Municipal Code Entitled "Special Lodging Assessment." That a new Chapter 3.99 of the Pasco Municipal Code entitled "Special Lodging Assessment" is hereby adopted and shall read as follows: PMC 3.99.010, Authorization of Special Lodging Assessment. There is hereby assessed pursuant to RCW 35.101.050, a Special Lodging Assessment as a charge for the furnishing of lodging by lodging businesses located within the Pasco Tourism Promotion Area in the amount of: (a) One Dollar and 50/Cents ($1.50) per night of stay at each Class A Lodging Business as defined below. (b) No charge ($0.00) per night of stay at each Class B Lodging Business as defined below. PMC 3.99.020, Classification of Lodging Businesses. The Pasco Tourism Promotion Area shall include the following classifications: (a) Classification A. Classification A encompasses all Lodging Businesses located within the incorporated city-limits of the City of Pasco, Washington that furnish lodging taxable by the Washington State Department of Revenue under Chapter 82.08 RCW that has forty (40) or more lodging units, except those identified in Classification B. (b) Classification B. Classification B encompasses Lodging Businesses located within the Tourism Promotion Area, other than hotels, motels, and bed and breakfast facilities. Lodging Businesses within this classification would include (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 persons 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. PMC 3.99.030, Uses of Special Lodging Assessment. The revenue from the Special Lodging Assessments collected from the Operators of Lodging Businesses within the Tourism Promotion Area shall be dedicated to the following uses and projects: (a) The general promotion of tourism within the Tri-Cities Regional Area as specified in the TPA business plan to be adopted annually; (b) The marketing of convention, conferences and trade shows that benefit local tourism and the Lodging Business in the Tri-Cities Regional Area; (c) The marketing of the Tri-Cities Regional Area to the travel industry in order to benefit local tourism and the Lodging Businesses in the Tri-Cities Regional Area; (d) The marketing of the Tri-Cities Regional Area to recruit sporting, athletic, recreational, entertainment, performing arts and cultural events in order to benefit tourism and the Lodging Businesses in the Tri-Cities Regional Area for the purpose of increasing overnight visitor stays within the region. (e) Provide marketing and event assistance for qualifying non-profit events that represent a substantial likelihood of benefiting tourism and lodging businesses in the Tri-City Regional Tourism Promotion Area that represent a substantial likelihood of benefiting Tourism and Lodging Business in the Tri-City Tourism Promotion Area and for the purpose of increasing overnight visitor stays within the Tri-City Region. PMC 3.99.040,Termination of Assessment. The Special Lodging Assessment shall be terminated upon disestablishment of the Pasco Tourism Promotion Area as provided by RCW 35.101.140. PMC 3.99.050, Special Lodging Assessment Fund. There is hereby established and created and special fund to be known as the Special Lodging Assessment Fund. Any and all revenues received from the Special Lodging Assessment shall be credited to the Special Lodging Assessment Fund. All expenditures from such fund shall be paid to the Tourism Promotion Area Manager solely for the purpose of tourism promotion as provided in Section 3.99.030 above. Section 3. Authorization of Interlocal Agreement. The "Interlocal Cooperation Act Agreement for Establishment of the Tri-City Regional Tourism Promotion Area" as attached to this Ordinance as Exhibit "1" is hereby authorized for adoption by the City, and the Mayor is authorized to execute the Agreement, which Agreement shall be contingent upon the approval of the Cities of Kennewick and Richland, Washington and effective upon the date provided therein. Section 4. Designation of Administrator. Pursuant to RCW 35.101.130, and in accordance with the provisions of the Interlocal Cooperation Act Agreement for Establishment of Tri-City Regional Tourism Promotion Area, the Mayor is authorized to enter into a Tourism Promotion Area Management Agreement with a qualified tourism destination marketing organization to serve as Administrator of the Tri-City Regional Tourism Promotion Area in accordance with the terms and conditions of a contract entered into between a qualified administrator and the Cities of Pasco, Kennewick and Richland. Section 5. Effective Date. This Ordinance shall take full force and effect on the 1st day of July, 2004 contingent upon the adoption of similar Ordinances by the City Councils of the Cities of Kennewick and Richland, Washington on or before this date. PASSED by the City Council of the City of Pasco, Washington and approved as provided by law this 7th day of June, 2004. Michael L. Garri on Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Ke orthy e and B. Kerr Deputy City Clerk City Attorney