HomeMy WebLinkAbout050 - 04/20/2021 - AMENDING CHAPTER 22 OF CITY CODE TO ADD A NEW ARTICLE V CONCERNING THE ESTABLISHMENT OF TOURISM IMPR ORDINANCE NO. 50, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 22 OF THE CODE OF THE CITY OF FORT COLLINS
TO ADD A NEW ARTICLE V CONCERNING THE ESTABLISHMENT OF
TOURISM IMPROVEMENT DISTRICTS
WHEREAS, as a home rule municipality, the City has the authority under Article XX,
Section 6 of the Colorado Constitution to establish local improvement districts and other types of
special districts that are separate and distinct governmental entities from the City; and
WHEREAS, the City may establish these districts to provide public improvements and
services that are of local and municipal concern as needed to benefit the health, safety and welfare
of the City's residents and its visitors; and WHEREAS, due to the recent COVID-19 pandemic
and its effect on the hospitality industry, the City's lodging businesses have suffered a substantial
decrease in revenues and, as a result, the City has suffered a corresponding decrease in its sales
tax and lodging tax revenues collected from these lodging businesses; and
WHEREAS,tourist and other people visiting the City contribute substantially to the health
of the City's economy and provide a significant number of jobs for City residents, as well as
directly benefiting the City's lodging business and other tourism-related businesses in the City;
and
WHEREAS, as one tool to help these sectors of the City's tourism and visitor economy to
recover from the effects of the pandemic, this Ordinance will allow the City's lodging business to
organize and establish,subject to City Council's approval, tourism improvement districts that will,
among other things, be able to impose certain taxes, fees and assessments to paid by the lodging
businesses and for the resulting revenues to be used by the districts to provide certain tourism-
related improvements and services to encourage tourists and others to visit the City and stay at the
City's lodging businesses; and
WHEREAS,adoption of this Ordinance will therefore serve the public purposes of helping
to restore the economic health of the City's hospitality industry, restore jobs lost in that industry
and generally contribute to the public's health, safety and welfare.
NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Chapter 22 of the Code of the City of Fort Collins is hereby amended
by the addition of a new Article V, which reads in its entirety as follows:
ARTICLE V.
TOURISM IMPROVEMENT DISTRICTS
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Sec. 22-150. Council findings.
It is the policy of the City that tourism improvement districts be organized under this Article V to
provide improved, enhanced, additional or otherwise unavailable tourism-related facilities and
services that are over-and-above the facilities and services regularly provided by the City. The
organization of tourism improvement districts within the City having the purposes and powers
provided in this Article V will serve the following public purposes: (i) promote economic health;
(ii) promote the health, safety, prosperity, security and general welfare of the City's residents and
visitors; and (iii) specially benefit the lodging businesses within the boundaries of any district
created under this Article V. The City is empowered to create tourism improvement districts as
authorized in this Article V under its plenary home rule authority over matters of local and
municipal concern, as authorized by Article XX, § 6 of the Colorado Constitution.
Sec. 22-151. General power to establish tourism improvement districts.
The City authorizes the establishment and organization of tourism improvement districts within
the City under this Article V to fund and provide tourism improvements and tourism services that
will confer special benefits upon lodging businesses within such districts and confer general
benefits to the City and its residents and visitors.
Sec. 22-152. Legal status of tourism improvement districts.
Any tourism improvement district created under this Article V shall be deemed a body corporate
and politic, a "district" within the meaning of Article X, § 20(2)(b) of the Colorado Constitution,
and a unit of local government distinct and separate from the City itself. As a legal entity
established entirely through an exercise of the City's home rule authority, tourism improvement
districts shall not be considered political subdivisions of the state. The multiple-fiscal year debt
and other financial obligations of a tourism improvement district shall not be considered
obligations of the City nor shall a district's fiscal year spending and revenue be considered that of
the City.
Sec.22-153. - Definitions.
As used in this Article V, unless the context indicates otherwise, the following words and terms
shall have the meanings set forth below:
Annual plan shall mean the board's annual report outlining the district's revenues, expenditures,
projects and goals.
Authorized manager shall mean the person who exercises overall responsibility to manage the day-
to-day operations of a specific lodging business and is authorized by the lodging business to sign
a petition for the inclusion of the lodging business in a tourism improvement district.
Board shall mean the board of directors of a tourism improvement district.
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City shall mean the City of Fort Collins, a home rule city and municipal corporation of the State
of Colorado.
City Clerk shall mean the City Clerk duly appointed by the City Manager as provided in Article
II, § 12 of the Charter, or their designee.
City Council shall mean the City Council of the City.
City Manager shall mean the City Manager duly appointed by the City Council as provided in
Article III, § 1 of the Charter, or their designee.
Director shall mean a member of the board of a tourism improvement district.
Elector shall mean a natural person who is a resident of the State of Colorado, is eighteen (18)
years of age or older and registered to vote in general elections in the State of Colorado, and who:
(1) Maintains a lodging tax license with City and is obligated to pay the lodging tax by
virtue of ownership and operation of a lodging business in the tourism improvement
district; or
(2) Is the natural person designated to vote for an entity that:
a. Is not a natural person, and
b. Maintains a lodging tax license with the City and is obligated to pay the
lodging tax by virtue of ownership of a lodging business in the tourism
improvement district.
Such designation must be in writing, under oath,on a form approved by the board and filed
with the secretary of the district. Only one (1) such natural person may be designated by
the lodging business owner.
Nothing in this definition shall permit a lodging business to cast more than one(1)vote per lodging
business whether through a designated elector or as a natural person.
Establishment ordinance shall mean the ordinance passed by City Council establishing a tourism
improvement district and containing the information required in § 22-163.
Financial Officer shall mean the Financial Officer duly appointed as provided in Article V, § 21
of the Charter, or their designee.
Initial plan shall mean the plan submitted with the petition to organize a tourism improvement
district containing the information required in § 22-158.
Lodging accommodation shall have the meaning given to it in the lodging tax ordinance.
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Lodging business shall mean any "lodging provider," as this term is defined in the lodging tax
ordinance, who is required to obtain a lodging license and to pay the lodging tax
Lodging license shall mean the license that lodging businesses must obtain from the Financial
Officer under the lodging tax ordinance to engage in the business of providing lodging
accommodations within the City.
Lodging tax shall mean the lodging tax imposed by the lodging tax ordinance.
Lodging tax ordinance shall mean Article IV of Chapter 25 of the Code.
Maintenance shall mean the periodic cleaning, repair, restoration, rehabilitation, refurbishment
and replacement of an existing improvement.
Room shall mean any portion of a building designed for an occupancy as a complete, independent
living quarter for one (1) or more natural persons, having direct access from outside the building
or through a common hall and having living, sleeping and sanitary facilities, and may also include
kitchen facilities, which living quarter is for the exclusive use of the occupant(s).
Self-affirmation shall mean a self-affirmation substantially in the form shown in § 22-157(a).
Tourism improvements shall mean any public improvements designed and intended to be used in
support of the tourism services to be provided by the district, which may include, without
limitation: decorative structures; identification and directional signs; bicycle and pedestrian paths;
buildings and facilities located anywhere in the City primarily designed to host and serve
conventions and meetings or to otherwise serve visitors to the City and the traveling public; and
all necessary, incidental and appurtenant structures and improvements thereto.
Tourism improvement district or district shall mean a tourism improvement district established
under this Article V.
Tourism services shall mean any of the following: (a) the maintenance of any district-owned
tourism improvements and any other publicly-owned buildings or facilities located anywhere in
the City primarily designed to host and serve conventions and meetings or to otherwise serve
visitors to the City and the traveling public; (b) the organization, promotion, marketing and
management of public events; (c) marketing and promotions services designed to attract more
tourists, visitors, conventions and other meetings to the City; and (d) any combination of the
foregoing services.
Sec. 22-154. General powers of tourism improvement districts.
Except as may be limited or modified by the establishment ordinance, tourism improvement
districts shall have the following powers:
(1) Term. To have perpetual existence unless limited as provided in the establishment
ordinance.
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(2) Levy taxes,fees or assessments. To fund tourism improvements, tourism services
and the other affairs of the district by levying taxes, fees and assessments on the lodging
businesses or upon persons purchasing lodging; provided, however, that a district shall
have no authority to impose any ad valorem property tax.
(3) Elections. To hold elections for the purpose of levying taxes, approving any
multiple-fiscal year obligation of the district, or conducting any other district affairs. A
district's elections shall be conducted in accordance with the Colorado Local Government
Election Code in Article 13.5 of the Title 1 of the Colorado Revised Statutes. Provided,
however, that the definition of electors eligible to vote in such an election shall be as
provided in this Article V. In the event of any other conflict between this Article V and the
Colorado Local Government Election Code, the requirements of this Article V shall
control.
(4) Contracts. To enter into contracts and agreements affecting the affairs of the
district, including, without limitation: (i) contracts relating to the district's tourism
improvements and tourism services; (ii) contracts with the City for the collection and
expenditure of district tax, fee and assessment revenue; and (iii) contracts for any other
administrative, legal or financial services necessary to assist the district in the performance
of its lawful functions.
(5) Control of district business. To have the management, control and supervision of
all the business and affairs of the district and of the acquisition, construction, financing,
installation and operation of tourism improvements and the funding and operation of
district tourism services.
(6) Property interests. To acquire, construct, finance, install and operate the tourism
improvements contemplated by this Article V and to acquire all property,rights or interests
necessary, incidental or appurtenant thereto and to dispose of real and personal property
and any interest therein, including leases and easements in connection therewith.
(7) Employees and contractors. To hire employees and retain agents, engineers,
consultants, attorneys, accountants and other professionals as need to conduct the affairs
of the district.
(8) Litigation. To sue and be sued and be a party to suits, actions or proceedings.
(9) Bylaws. To adopt and amend bylaws not in conflict with the constitution and laws
of the United States and State of Colorado or in conflict with the City's Charter, Code and
ordinances as needed by the district for carrying on its business objectives and the affairs
of its board.
(10) Necessary, incidental, and implied powers. To exercise all rights and powers
necessary or incidental to or implied from the specific powers granted in this Article V.
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Such specific powers shall not be considered as a limitation upon any power necessary or
appropriate to carry out the purposes and intent of this Article V.
See. 22-155. Prohibited powers.
A tourism improvement district shall have neither the power of eminent domain nor any police or
regulatory powers. A tourism improvement district shall not have the power to incur bonded debt
or similar indebtedness in any other form without the City Council's prior written consent.
However, a district may have the power to enter into contractual multiple-fiscal year debt or other
financial obligations within the meaning of Article X, § 20(4)(b) of the Colorado Constitution,
subject to the approval of the electors of the district or provided that the district's payment of such
debt or other financial obligations are subject to annual appropriation by the board.
Sec. 22-156. How initiated.
(a) Petition. Any proposal for the establishment of a tourism improvement district may be
initiated by a petition filed with the City Clerk subject to the requirements in this section.
(b) Contents of petition. Each petition shall include:
(1) A description of the boundaries of the district, which may be coterminous with the
boundaries of the entire City or a smaller geographical area encompassing only a portion
of the City;
(2) A listing and description of the total number of lodging businesses to be included
within the district,the street address of each such lodging business,and the tax account and
lodging license numbers maintained with the City for such lodging businesses;
(3) Description of the type and kind of lodging businesses to be initially included in
the district and the type and kind of future lodging businesses to be included in the district
under § 22-160;
(4) A general description of the tourism improvements and tourism services that the
district intends to fund and provide;
(5) The proposed taxes to be levied by the district, if approved by the electors of the
district, any other proposed fees or assessments to be levied by the district, the proposed
method by which any taxes, fees or assessments will be collected and disbursed, and the
intended uses of any revenue derived from any tax, fee or assessment;
(6) The proposed composition of the board, including the number of directors desired,
which must be in accordance with § 22-164(a);
(7) The names of three (3) persons who shall represent the petitioners on matters
relating to the petition and initial plan;
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(8) The initial plan of the district,containing the information specified in § 22-158;and
(9) All signatures on petitions shall be accompanied by a self-affirmation substantially
in the form provided in § 22-157(a).
(c) Petition sections. A petition may consist of one (1) or more petition sections, all of which
will be aggregated to determine whether the requirements of§ 22-158 have been met.
(d) Fee for petition. The City Manager may require, as provided in Article I of Chapter 7.5,
for the payment of an administrative fee for the filing, review, approval and amendment of any
petition and initial plan for a district. The City Manager may waive such fee upon a showing of
good cause.
Sec.22-157. Self-affirmation; penalties.
(a) The self-affirmation on a petition shall state: "I state, under penalty of law that to my
knowledge and belief the facts stated in the petition are true, that my signature and name are as
shown on this petition, and that I have signed this petition or have been duly authorized to sign
this petition by the entity identified hereunder."
(b) A self-affirmation on a petition shall not be valid after one (1) year has elapsed between
the date of the self-affirmation as shown on the petition and the date the petition is filed with the
City Clerk under § 22-158.
(c) A self-affirmation shall be presumed valid unless competent evidence to the contrary is
presented to and accepted by the City Manager, or the City Council determines otherwise.
(d) If a person eligible to sign a petition is unable to make a signature, such person may affirm
by making a mark on the self-affirmation, with or without assistance, witnessed by another person.
(e) It shall be unlawful for any person knowingly to make a false statement on a self-
affirmation on any petition filed under this Article V. A violation of this subsection (e) shall be a
misdemeanor offense subject to the penalties in Code § i-15(a).
(f) It shall be unlawful for any person to, by use of force or any other means, unduly influence
a person to sign a petition or to not sign a petition, falsely make, alter, forge or counterfeit any
petition before or after it has been filed as provided in § 22-158 or to destroy, deface, mutilate or
tamper with any petition before or after it has been filed as provided in § 22-158. A violation of
this subsection (f) shall be a misdemeanor offense subject to the penalties in Code § 1-15(a).
Sec. 22-158. Petition submittal and initial plan.
In all cases in which a district is proposed pursuant to this Article V, the petition filed with the
City Clerk under§ 22-156 must be signed by authorized managers representing lodging businesses
having at least fifty percent (50%) of the total rooms to be included in the district, and appended
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to the petition shall be an initial plan for the district which shall include, in addition to the
information specified in § 22-156(b), the following information:
(a) Name. The proposed name of the district, which must substantially follow the form "
Tourism Improvement District".
(b) Purpose. The primary purpose or rationale for the district.
(c) Location. A description and map of lodging businesses within the proposed district,
providing sufficient specificity so an owner of a lodging business can reasonably determine
whether their lodging business is within or outside of the district's boundaries.
(d) Public participation. A summary of the process employed by petitioners to inform the
eligible electors of the proposed district and of the efforts to organize the district in a manner that
will allow the electors the opportunity to participate, and the results of such process.
(e) Board. The proposed names of the board's initial directors and a description of how future
directors will be nominated for the City Council's consideration of their appointment to the board.
(f) Promotional plan. A summary of the promotional efforts, if any, that the district plans to
undertake as part of its proposed tourism improvements and tourism services,the cost thereof, and
the manner in which such promotional efforts will be administered.
(g) Financial plan. A financial plan showing:
(1) The type and rate of any tax, fee or assessment that will be levied for district
purposes and how revenues derived from any tax, fee or assessment will be used over time;
(2) Any anticipated multiple-fiscal year debt or other financial obligations and other
contractual obligations anticipated to be incurred by the district;
(3) The reasonably estimated costs of the tourism improvements and tourism services
that will be funded by the district; and
(4) A draft first year budget.
(h) Term. The proposed term for the district, which may be either perpetual or for a limited
term. If the term for the district is less than perpetual, the establishment ordinance shall include
provisions for dissolution of the district at the end of the term or may include provisions
authorizing the term of the district to be extended. Whether the term is perpetual or for a limited
term, the district may be dissolved at any time as authorized in § 22-166 or in other manner as
provided in the establishment ordinance.
G) Conclusion. A request for City Council to approve the establishment of the district.
Sec.22-159. Boundaries of district.
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The boundaries of a district may be coterminous with the boundaries of the City, or may consist
of a smaller geographical area encompassing only a portion of the City, if so provided in the
petition and approved in the establishment ordinance, and such boundaries may consist of
contiguous or noncontiguous tracts or parcels of land on which the lodging businesses listed in the
petition are located. The boundaries of the district shall be described in the establishment
ordinance. The boundaries of districts may overlap.
Sec. 22-160. Inclusion or exclusion of lodging businesses after district is established.
Unless an alternative procedure for future inclusion or exclusion of lodging businesses is provided
in the petition for establishment of a tourism improvement district, the establishment ordinance for
a district may provide for the automatic inclusion within the district of the future lodging
businesses described in the petition under § 22-156(b)(3) upon the Financial Officer's issuance of
a lodging license to those lodging businesses and for the automatic exclusion from the district of
any lodging business that ceases to exist after the district is established. In addition, if the
boundaries of the district will be conterminous with the City's boundaries, such future Iodging
businesses annexed into the City after the establishment of the district shall automatically be
included within the district when the Financial Officer issues a lodging license to that lodging
business.
Sec. 22-161. Notice of petition.
In all cases when a petition to organize a district has been filed with the City Clerk and the City
Manager has determined the petition complies with the requirements of this Article V, the City
Manager shall forward the petition to the City Council for its consideration of the proposed
district's establishment ordinance at a public hearing. The City Clerk shall give notice of the City
Council's hearing by publishing the notice once in a newspaper of general circulation in the City,
by mailing it by first class mail to the lodging businesses proposed to be included in the district,
and by posting it on the City's website for at least thirty (30) days before the hearing. Said notice
shall:
(1) Generally describe the tourism improvements and tourism services that the district
intends to undertake;
(2) Generally describe the district boundaries and the lodging businesses within such
boundaries; and
(3) Prominently state the place, date and time for the City Council hearing on the
establishment of the proposed district, which hearing shall be held no fewer than twenty-
one (21) days and no more than forty-two (42)days after the date of the mailing of notices.
The petition representatives shall reimburse the City for its costs to publish and mail the notices.
Sec. 22-162. Hearing on the petition.
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(a) At the time and place specified in the notice required by § 22-161, the City Council shall
conduct a hearing to determine if the petition and initial plan satisfy the following criteria:
(1) The petition has been circulated and signed in conformity with the applicable
requirements of this Article V; and
(2) The initial plan and the establishment of the district are in the best interest of the
City.
(b) The findings of City Council on its determination of the genuineness of the petition
signatures, the sufficiency of the petition and its determination of the City's best interest shall be
final, conclusive and in the City Council's sole discretion.
Sec. 22-163. Establishment ordinance.
(a) If the City Council determines that the petition and initial plan satisfy the criteria of§ 22-
162, the City Council shall adopt an establishment ordinance.
(b) At a minimum, the establishment ordinance shall contain the following:
(1) The City Council's findings concerning the criteria in § 22-162;
(2) Boundaries of the district;
(3) Description of the type and kind of lodging businesses to be initially included in
the district and the type and kind of future lodging businesses to be included in the district
under § 22-160.
(4) The powers and limits of power to be conferred on the district;
(5) The number of directors, appointments of the initial directors and the initial terms
of the initial directors, and a description of how future directors will be nominated for
appointment by City Council;
(6) The term of the district;
(7) The other contents of the initial plan of the district as required by § 22-158;
(8) Any other provisions the City Council deems necessary to protect the interests of
the City, its residents or those of the affected lodging businesses; and
(9) A declaration by City Council that the district is duly established and organized.
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(c) If City Council adopts the establishment ordinance, such ordinance shall establish the
district and approve the initial plan as presented unless the petition representatives consent at the
hearing to the City Council modifying the initial plan. The City Council's determinations by
adoption of the establishment ordinance that the district is duly organized after notice duly given,
or that a petition was or was not filed or was or was not duly subscribed and acknowledged as
herein required, or that the evidence presented at the hearing was sufficient or insufficient to
support the adoption of the establishment ordinance, shall be conclusive in every court or other
tribunal.
(d) If there is any conflict between the provisions of the initial plan and the establishment
ordinance, the establishment ordinance shall control.
Sec. 22-164. Board of directors.
(a) Board of directors. As specified in the establishment ordinance,a district shall have a board
of five (5) to nine (9) directors. The directors of the board shall be nominated in the manner stated
in the petition, provided that any such nominees shall be subject to appointment by the City
Council. The directors of the initial board shall be confirmed in the establishment ordinance with
one-third,or as near to one-third as possible as determined by the City Council,of initial appointees
to have a term of one (1) year, one-third of the appointees to have a terns of two(2)years, and one-
third of the appointees to have a term of three (3)years. All directors of the board shall be electors
within the district. The terms of the initial directors on the board shall be deemed to have
commenced on the effective date of the establishment ordinance. Upon the expiration of the initial
terms, successor directors shall be appointed by the City Council by resolution for terms of three
(3) years unless the appointee is being appointed to finish the term of a director who has Ieft the
board for any reason before the expiration of their term and, in such case, the appointee shall only
be appointed to finish the term of the departed director.
(b) Board serves at pleasure of the City Council. All directors on the board serve at the pleasure
of the City Council and can be removed at any time by City Council with cause or removed without
cause if a majority of the board votes to recommend the director's removal.
(c) Officers and duties. The board shall appoint a president, secretary,treasurer and such other
officers as the board deems necessary, and the same board director may hold more than one (1)
position except that president and secretary shall not be held by the same person. The secretary
shall keep a record of all proceedings, minutes of meetings, certificates, contracts and corporate
acts of the board. The district shall keep permanent records containing accurate accounts of all
money received by or disbursed on behalf of the district and shall make such annual or other reports
to the City as it may require in the establishment ordinance.
(d) Conflicts of interest. Each director of the board shall be subject to and comply with the
conflicts of interest provisions in Charter Article IV, § 9.
(e) Meetings and public records. All board meetings shall be conducted in compliance with
the Colorado Open Meetings Law in Part 4 of Article 6 in Title 24 of the Colorado Revised
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Statutes. All district public records shall be open for public inspection as provided in the Colorado
Open Records Act in Part 2 of Article 72 in Title 24 of the Colorado Revised Statutes.
(f) Board action. The board shall act by resolution or motion.
Sec. 22-165. Taxing authority; other district revenues.
(a) A district shall exercise taxing authority and the authority to impose fees and assessments
to the extent and in the manner provided for in the establishment ordinance for the district.
(b) Procedures for the collection and disbursement of district tax revenue and other district
revenue shall be as provided in the establishment ordinance. A district may contract with the City
for collection and enforcement of district taxes, fees and assessments in a manner similar to the
collection and enforcement of the lodging tax, as provided in the lodging tax ordinance.
(c) No district tax or multiple-fiscal year debt or other financial obligation in which such taxes
or other revenues of the district are pledged shall be imposed or incurred unless the electors of the
district have approved the tax or multiple-fiscal year debt or other financial obligation in an
election conducted in compliance with Article X, § 20 of the Colorado Constitution.
Sec. 22-166. Annual plan and operating budget.
The board of any tourism improvement district shall, by September 30 of each year, file with the
City Clerk a budget and annual plan for the ensuing year. District's shall operate on a calendar
fiscal year. The annual plan and budget shall be subject to the City Council's approval each year
in a manner similar to the way the operating plans and budgets of business improvement districts
are approved under C.R.S. § 31-25-1211. The annual plan and budget may, from time to time, be
amended by the district with the approval of the City Council in substantially the same manner as
the process for formulating the annual plan and operating budget for each year.
Sec. 22-167. Correction of faulty notices.
In any case where it is found that a notice provided for in this Article V was not given or
insufficient in any way, the City Council, City Manager, City Clerk or board, as applicable, shall
not thereby lose jurisdiction, and the proceeding in question shall not thereby be void or abated.
The City Council,City Manager,City Clerk or board,as applicable,shall order due notice be given
and shall continue the proceeding until such time as notice is properly given and thereupon shall
proceed as though notice had been properly given in the first instance.
Sec. 22-168. Dissolution of a district.
(a) Initiation by City Manager. Once established, a district shall not be dissolved except when
a provision for automatic dissolution on a date certain or upon the happening of an event is
provided in the establishment ordinance, the establishment ordinance provides a different manner
for dissolution or by a request made by the City Manager to the City Council for a dissolution
ordinance as provided in this section.
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(b) Contents of request for dissolution. A request for dissolution shall state:
(1) Name of the district;
(2) A description of the district's current boundaries;
(3) A description of the lodging businesses within the district;
(4) A description of the tourism improvements and tourism services being furnished
by the district;
(5) A statement whether district's tourism improvements and tourism services will
continue to be provided after dissolution and, if so, the plan for their continued provision;
(6) A description of the district's plan, if any,for the disposition of its real and personal
property; and
(7) A finding by the City Manager that dissolution is in the best interests of the City
and the district and the City Manager's statement that one or more of the following has
occurred: (i) a misappropriation of funds, malfeasance, misfeasance, nonfeasance or
violation of the law in connection with the management of the district; (ii) the district has
failed for two consecutive years to timely file its annual plan and budget as required in §
22-166; or(iii) a petition requesting dissolution of the district signed by the electors in the
district who represent at least fifty percent (50%) of the total rooms then existing in the
district has been filed with the City Clerk and the signatures on the petition are
accompanied by a self-affirmation substantially in the form provided in § 22-157(a), the
petition includes the information required in subsections (b)(1) through (b)(5) above, and
it states that all the district's contracts and legal obligations have been fulfilled.
(c) Winding up of district. A district shall not be dissolved until all its contracts and legal
obligations have been fulfilled and the plan for the district's disposition of its real and personal
property has been completed.
(d) Notice and hearing. Unless automatic dissolution of the district on a date certain is
provided in the establishment ordinance, no dissolution shall occur except by an ordinance adopted
by the City Council following a public hearing called after notice of the hearing is given in the
same manner as provided in § 22-161 for the hearing on the establishment ordinance, except the
notice shall describe the tourism improvements and tourism services that the district intends to
discontinue providing and describe any plan for continued provision of such improvements and
services.
Sec. 22-169. Limitations of actions.
No action or proceeding, at law or in equity, to review any acts or proceedings, or to question the
validity or enjoin the performance of any act, or the levy or collection of any tax for a district, or
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for any other relief against any acts or proceedings done or had under this Article V,whether based
upon a claim of illegalities, irregularities or jurisdictional defects, shall be maintained unless
commenced within thirty (30) days after the performance of the act complained of or else such
proceeding shall be thereafter perpetually barred.
See. 22-170. Liberal construction.
This Article V,being necessary to secure the public health, safety,welfare,and convenience, shall
be liberally construed to affect its purposes within the parameters of the Charter and the City's
home rule authority.
Sec. 22-171. Substantial compliance.
Substantial compliance with this Article V shall be all that is required in determining the validity
of any petition or the performance of any duty hereunder.
Sec. 22-172. Prior City bonds and other City obligations.
Nothing herein shall be deemed or construed in any manner that impairs the rights of the owners
or holders of any City bonds or other City obligations. In the event of any such impairment, the
section,clause, phrase or word of this Article V causing such impairment shall be deemed severed
from this Article V to avoid the impairment.
Sec. 22-172. Compliance with all City standards.
Tourism improvement districts established under this Article V shall be subject to and must
comply with all applicable provisions in the Charter and Code and in all City ordinances,
resolutions, regulations, standards and plans, except as may be expressly provided in the
establishment ordinance, but such exception shall not apply to applicable Charter provisions.
Introduced, considered favorably on first reading, and ordered published this 23rd day of
March, A.D. 2021, and to be presented for final passage on the 20th day of April, A.D. 2021.
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Passed and adopted on final reading on this 20th day of April, A.D. 2021.
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