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.
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{ 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