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HomeMy WebLinkAbout2021-106-11/16/2021-APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND THE FORT COLLINS TOURI RESOLUTION 2021-l 06 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND THE FORT COLLINS TOURISM IMPROVEMENT DISTRICT FOR THE COLLECTION OF THE DISTRICT'S LODGING FEE WHEREAS, Article V in Chapter 22 of the City's Municipal Code ("TID Code") authorizes the City Council to establish by ordinance tourism improvement districts as a unit of local government distinct and separate from the City to provide tourism improvements and services within the City's boundaries; and WHEREAS, on August 4, 2021, the Council adopted Ordinance No. 097, 2021, pursuant to the TID Code to establish the District (the "Establishment Ordinance"); and WHEREAS, the Establishment Ordinance also approved the District's "initial plan," as provided in the TID Code, which initial plan generally sets forth, among other things, the District's name, purpose, boundaries, proposed initial board of directors, promotional plan, financial plan, term, description of lodging businesses to be included in the District, proposed lodging fee, and description of the tourism improvements and services it intends to fund and provide ("Initial Plan"); and WHEREAS, Section 1 l of the Establishment Ordinance and Section IX of the Initial Plan authorize the District to assess and collect a fee from each "lodging business" within the District, as this term is described in Section 5 of the Establishment Ordinance ("Lodging Business"); and WHEREAS, as also provided in Section 11 of the Establishment Ordinance and Section IX of the Initial Plan, the District may assess and collect the fee at the rate of 3% of a Lodging Business's "lodging price" as this term in defined in City Code Section 25-241 ("Lodging Fee"); and WHEREAS, on September 23, 2021, the District's Board of Directors ("Board") adopted the Fort Collins Tourism Improvement District Fee Resolution, a copy of which Resolution is attached as Exhibit "A" and incorporated herein by reference ("District Resolution"); and WHEREAS, the District Resolution assesses the Lodging Fee on each Lodging Business within the District with such assessment to begin on October 1, 2021; and WHEREAS, Section 22-165(b) of the TID Code, Section 11 of the Establishment Ordinance, and Sections IX and XI of the Initial Plan authorize the District to enter into an intergovernmental agreement with the City for it to collect the Lodging Fee on the District's behalf; and -1, WHEREAS,by a motion adopted at a special meeting of the District on September 23, 2021, the Board unanimously approved the District's entry into an intergovernmental agreement for the City's collection of the Lodging Fee on the District's behalf; and WHEREAS, pursuant to City Charter Article II, Section 16, and C.R.S. Section 29-1- 203(1), the City may enter into intergovernmental agreement with the District to provide any function or service lawfully authorized to it and the District; and WHEREAS, the City and the District are both lawfully authorized to assess and collect fees; and WHEREAS, attached as Exhibit "B" and incorporated herein by reference is the "Intergovernmental Agreement for Collection of Lodging Fee" City and District staff have negotiated that sets forth the terms and conditions under which the City would agree to collect the Lodging Fee on the District's behalf(the "IGA"); and WHEREAS, the City Council has determined that entering into the IGA is in the best interests of City and beneficial for the public's welfare. NOW,THEREFORE, BE IT RESOLVED 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 the City Council hereby approves the IGA. Section 3. That the City Council hereby authorizes the Interim City Manager to enter into the IGA on the City's behalf in substantially the form attached as Exhibit"B"subject to minor modifications as the Interim City Manager, in consultation with the City Attorney, may determine to be necessary and appropriate to protect the interests of the City or to the effectuate the purposes of this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fo Collins this 16th day of November, A.D. 2021. J,— a k M or ATTEST: \'A '0 Interim City Clerk �`. SEAL •�`� L : c��01tA�0 -2- { EXHIBIT A FORT COLLINS TOURISM IMPROVEMENT DISTRICT FEE RESOLUTION WHEREAS, the Fort Collins Tourism Improvement District (the "District") was created by the City of Fort Collins (the "City") Ordinance (No. 097) dated August 4, 2021 (the "Establishing Ordinance")to fund and provide certain tourism services and improvements for the benefit of lodging businesses within the District;and WHEREAS, in the Establishing Ordinance, the City determined that the District may assess and collect a fee from the lodging businesses (as defined in the Establishing Ordinance) within the District at the rate of three percent(3%)of the"lodging price"(as defined in the City's Lodging Tax Ordinance) of each lodging business (the "Fee"), with such fee to only be used to fund those tourism services and improvements authorized in the District's Initial Plan as approved by the City;and WHEREAS, the Establishing Ordinance provides that the Fee may be assessed starting as early as September 1,2021;and WHEREAS, the District wishes to assess the Fee pursuant to the authority given to it through and under the Establishing Ordinance;and WHEREAS,because the initial meeting of the Board is occurring after September 1,2021, the assessment of the Fee should begin as of October 1,2021. NOW, THEREFORE, BE 1T RESOLVED by the Board of Directors of the Fort Collins Tourism Improvement District, within the City of Fort Collins, Larimer County, Colorado, as follows: 1. The Fee as set forth in the Establishing Ordinance, and referenced above, is hereby adopted by the Board and shall be effective and thus assessed on all lodging businesses as defined in the Establishing Ordinance starting October 1,2021, ADOPTED AND APPROVED this 23rd day of September 2021. FORS'COLLINS TOURISM IMPRO EMENT DISTRICT By: President ATTEST: By: LL Secretary