HomeMy WebLinkAbout08/17/2010 03D Petition to Increase the Voting Members of the TPA Hotel and Motel Commission • BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. .81)
For meeting of: August 17, 2010
ITEM TITLE: Petition to increase the voting members of the Yakima County Tourism
Promotion Area (TPA) Hotel and Motel Commission
SUBMITTED BY: Kathy Coffey, Assistant Mayor
CONTACT PERSON /TELEPHONE: Kathy Coffey 910 -4758
SUMMARY EXPLANATION:
Ordinance No. 2004 -17 established the Tourist Promotion Area in April 2004. Petition 10 -04
has been submitted to modify the ordinance to increase the number of voting members of the
Yakima Hotel and Motel Commission from nine (9) members to eleven (11) members.
Rationale for the request is that approximately 83% of the sleeping rooms in the Yakima County
Tourism Promotion Area are located within the City of Yakima and generate the majority of
revenue yet the lodging community within the city has only two of the five voting members on
the Yakima Hotel and Motel Commission. The petition also suggested modifying the Ordinance
Section 5.99.060 paragraph C to read "...and the City Council of the City of Yakima shall
appoint four voting members to represent the City of Yakima with two members representing a
qualified lodging property located in Zone B region within the city limits of Yakima." The original
ordinance and petitions are attached.
Ordinance Resolution: Other (Specify)
Contract Mail to (name and address):
Funding Source
APPROVED FOR SUBMITTAL: �� City Manager
a — �
STAFF RECOMMENDATION: Direct the Legal Department to amend the Ordinance per the
petition request.
BOARD /COMMISSION /COMMITTEE RECOMMENDATION: At their 6/9/10 meeting, the
Council Nominating Committee supported the requested change and asked it to be brought
forward to the full Council for approval.
COUNCIL ACTION:
(
MEMORANDUM
•
To: Council Nominating Committee (Coffey, Adkison, Ensey)
Rules & Procedures Committee (Cawley, Coffey, Ettl)
Copy: Jeff Cutter
From: Linda Watkins
Subject: 'Tourism Promotion Area (TPA)
Date: May 28, 2010
We have received a request and signed petitions to increase the voting membership on
the Yakima County Tourism Promotion Area (TPA) Hotel and Motel Commission. The
commission was established by Ordinance No. 2004 -17. Modification to the commission
will require a modification to the ordinance.
Copies of the request and the established ordinance are attached.
•
RECEIVED
CITY OF YAKIMA
410 MAY 1 8 2010
OFFICE OF CITY
COUNCIL
May 6, 2010
Mayor Cawley
City Council
Yakima, WA
RE: Petition to revise Yakima County Tourism promotion area (Ordinance No2004 -17)
Dear Mayor Cawley:
We are pleased to present the attached petition requesting the City of Yakima to add two voting
representatives from eligible lodging properties in Yakima to the Yakima County Tourism Promotion
Area (TPA) Hotel and Motel Commission.
As it currently stands, Yakima has two of the five voting members, yet the lodging properties in Yakima
represent eighty three percent (83%) of the sleeping rooms in the TPA. The signatures on this petition
® represent sixty four percent (64%) of the lodging sleeping rooms in the TPA. Given their size and
occupancy levels, this is more than the required number of properties that generate 40% of the revenue
as outlined in the ordinance. Because Yakima lodging properties generate the majority of revenue, we
believe that by adding two more seats for Yakima lodging properties on the TPA commission it will make
the commission more balanced and represented.
Thank you for promptly acting on this petition.
Sincerely,
fi al
nny Baker, General Manager Verlynn Best, General Manager
Oxford Suites, Yakima Fairfield Inn and Suites by Marriott
• (:)1( 3
CITY OF YAKIMA
PETITION TO MODIFY THE YAKIMA COUNTY PROMOTION AREA PETITION NO. /v 04
WHEREAS, RCW Chapter 35.101, authorizes the establishment of a Tourism Promotion Area by a city to
permit the charge of Tourism promotion charges to fund the promotion of tourism and convention business within
the Tourism Promotion Area boundaries; and
WHEREAS, the Operators of Lodging Businesses within the City of Yakima and the City of Union Gap
presented in 2004 an initiation petition to establish a Tourism Promotion Area ( "initiation Petition ") to the City
Council of the City of Yakima seeking to have the City Council of the City of Yakima establish a Yakima County
Tourism promotion area, specifically including the areas within the jurisdictions of the City of Yakima, the City of
Selah, the City of Union Gap, and the unincorporated areas of Yakima County pursuant to the terms of RCW
Chapter 35.101; and
WHEREAS, The City of Yakima passed ordinance No.2004 -17 on the 13 day of April 2004 and
WHEREAS, Chapter 5.99.070 of the Yakima Municipal code titled "Modification or Disestablishment of the
Tourism Promotion Area" states:
B: If the Operators of Lodging businesses which paid over forty percent (40%) of the tourism promotion
charges imposed within the Yakima County Tourism Promotion Area during the preceding calendar year file a
petition with the City Council of the City of Yakima or the Yakima Hotel and Motel Commission requesting that the
City Council of the City of Yakima adopt a resolution of intention to modify or disestablish the Yakima County
Tourism Promotion Area, the City Council of the City of Yakima shall adopt such resolution and act upon it as
required by law. Signatures on such petition shall be those of a duly authorized representative of the operators of
Lodging Businesses in the Yakima County Tourism Promotion Area.
WHEREAS approximately eighty three percent (83%) of the sleeping rooms in the Yakima County Tourism
Promotion Area are located within the City of Yakima and generate the majority of revenue yet the lodging
community within the City of Yakima has only two of the five voting members on the Yakima Hotel and Motel
Commission;
NOW THEREFORE, The lodging businesses who are classified as hotels or motels with 40 rooms or more
and are located within the Tourism Promotion Area do hereby petition the Council of the City of Yakima as follows:
SECTION 5.99.060 "Establishment of Yakima Hotel and Motel Commission:
Paragraph A be modified to increase the number of voting members of the Yakima Hotel and
Motel Commission from nine (9) members to eleven (11) members.
Paragraph C be modified to read "...and the City Council of the City of Yakima shall appoint four
voting members to represent the City of Yakima with two members representing a qualified
lodging property located in Zone B region within the City limits of Yakima.
This petition is hereby presented by the following duly authorized representatives who operate lodging businesses
in the Yakima County Tourism Promotion Area representing forty percent (40%) or more of the Tourism Promotion
charges during the preceding calendar year (2009).
L�ylFOier -Cad- r1��?i r z
Hotel Authorized Signature Printed name Date J
Fi a w LOCI--rldf? R WCI“C(C1 . R“Z Hotel Authorized Signature Printed name Date
Hotel Authorized Signature Printed name Date
Hotel Authorized Signature Printed name Date •
Hotel Authorized Signature Printed name Date
CITY OF YAKIMA 1)±',,-A ry`. 7 0 - Y
PETITION TO MODIFY THE YAKIMA COUNTY PROMOTION AREA
WHEREAS, RCW Chapter.35.101, authorizes the establishment of a Tourism Promotion Area by a city to
permit the charge of Tourism promotion charges to fund the promotion of tourism and convention business within
• the Tourism Promotion Area boundaries; and
WHEREAS, the Operators of Lodging Businesses within the City of Yakima and the City of Union Gap
presented in 2004 an initiation petition to establish a Tourism Promotion Area ( "initiation Petition ") to the City
Council of the City of Yakima seeking to have the City Council of the City of Yakima establish a Yakima County
• Tourism promotion area, specifically including the areas within the jurisdictions of the City of Yakima, the City of
Selah, the City of Union Gap, and the unincorporated areas of Yakima County pursuant to the terms of RCW
Chapter 35.101; and
WHEREAS, The City of Yakima passed ordinance No.2004 -17 on the 13 day of April 2004 and
WHEREAS, Chapter 5.99.070 of the Yakima Municipal code titled "Modification or Disestablishment of the
Tourism Promotion Area" states:
B: If the Operators of Lodging businesses which paid over forty percent (40%) of the tourism promotion
charges imposed within the Yakima County Tourism Promotion Area during the preceding calendar year file a
petition with the City Council of the City of Yakima or the Yakima Hotel and Motel Commission requesting that the _
City Council of the City of Yakima adopt a resolution of intention to modify or disestablish the Yakima County
Tourism Promotion Area, the City Council of the City of Yakima shall adopt such resolution and act upon it as
required by law. Signatures on such petition shall be those of a duly authorized representative of the operators of
Lodging Businesses in the Yakima County Tourism Promotion Area.
WHEREAS approximately eighty three percent (83 %) of the sleeping rooms in the Yakima County Tourism
Promotion Area are located within the City of Yakima and generate the majority of revenue yet the lodging
community within the City of Yakima has only two of the five voting members on the Yakima Hotel and Motel
Commission;
NOW THEREFORE, The lodging businesses who are classified as hotels or motels with 40 rooms or more
and are located within the Tourism Promotion Area do hereby petition the Council of the City of Yakima as follows:
SECTION 5.99.060 "Establishment of Yakima Hotel and Motel Commission:
• • Paragraph A be modified to increase the number of voting members of the Yakima Hotel and
Motel Commission from nine (9) members to eleven (11) members.
Paragraph C modified to read "...and the City Council of the City of Yakima shall appoint four
voting members to represent the City of Yakima with two members representing a qualified
lodging property located in Zone B region within the City limits of Yakima.
This petition is hereby presented by the following duly authorized representatives who operate lodging businesses
in the Yakima County Tourism Promotion Area representing forty percent (40%) or more of the Tourism Promotion
charges during the preceding calendar year (2009).
�(} kivrf j oknScN l�l t ' �I��t KEG gI ZZ/U10
Hotel • Autho • :d Signature Printed name Date
Hotel Aut • zed 'ignat • girl Printed name ' ate
■
Hote . Si g ire Printed name • Dat-
® C t
/are d h , 6�c --� N e rn C 4J (d r `� a l
Hotel Authorized Signatu Printed name Date
\ LIh1Cu�h! a EL)NeJ4 ae.tCp,l zz to
Hotel Authorized Sign - u_� Printed name Date
CITY OF YAKIMA i 0 —9
PETITION TO MODIFY THE YAKIMA COUNTY PROMOTION AREA
WHEREAS, RCW Chapter 35.101, authorizes the establishment of a Tourism Promotion Area by a city to
permit the charge of Tourism promotion charges to fund the promotion of tourism and convention business within
the Tourism Promotion Area boundaries; and •
WHEREAS, the Operators of Lodging Businesses within the City of Yakima and the City of Union Gap
presented in 2004 an initiation petition to establish a Tourism Promotion Area ( "initiation Petition ") to the City
Council of the City of Yakima seeking to have the City Council of the City of Yakima establish a Yakima County
Tourism promotion area, specifically including the areas within the jurisdictions of the City of Yakima, the City of
Selah, the City of Union Gap, and the unincorporated areas of Yakima County pursuant to the terms of RCW
Chapter 35.101; and
WHEREAS, The City of Yakima passed ordinance No.2004 -17 on the 13 day of April 2004 and
WHEREAS, Chapter 5.99.070 of the Yakima Municipal code titled "Modification or Disestablishment of the
Tourism Promotion Area" states:
B: If the Operators of Lodging businesses which paid over forty percent (40 %) of the tourism promotion
charges imposed within the Yakima County Tourism Promotion Area during the preceding calendar year file a
petition with the City Council of the City of Yakima or the Yakima Hotel and Motel Commission requesting that the
City Council of the City of Yakima adopt a resolution of intention to modify or disestablish the Yakima County
Tourism Promotion Area, the City Council of the City of Yakima shall adopt such resolution and act upon it as
required by law. Signatures on such petition shall be those of a duly authorized representative of the operators of
Lodging Businesses in the Yakima County Tourism Promotion Area.
WHEREAS approximately eighty three percent (83 %) of the sleeping rooms in the Yakima County Tourism
Promotion Area are located within the City of Yakima and generate the majority of revenue yet the lodging
community within the City of Yakima has only two of the five voting members on the Yakima Hotel and Motel
Commission;
NOW THEREFORE, The lodging businesses who are classified as hotels or motels with 40 rooms or more
and are located within the Tourism Promotion Area do hereby petition the Council of the City of Yakima as follows:
SECTION 5.99.060 "Establishment of Yakima Hotel and Motel Commission:
Paragraph A be modified to increase the number of voting members of the Yakima Hotel and
Motel Commission from nine (9) members to eleven (11) members.
Paragraph C be modified to read "...and the City Council of the City of Yakima shall appoint four
voting members to represent the City of Yakima with two members representing a qualified
lodging property located in Zone B region within the City limits of Yakima.
This petition is hereby presented by the following duly authorized representatives who operate lodging businesses
in the Yakima County Tourism Promotion Area representing forty percent (40 %) or more of the Tourism Promotion
charg durin: the preceding calendars r (20'
/2.. I a
Hotel i Authorized i g nature Printed name Date
Hotel j Au on 555nat - / Printed nam Date
•
Proi cer
Hotel • uthorized Signature Printed name Date
04V � r . r �.. A /l ,ti.tL� L . 1A Y LC ti iNg L� l ?I fo
Hotel Authorized Sign. ure Printed name Date
�I i ` i.f Skc� L 1 1 z��r�
Hotel Authorized Signature J Printed name JDate
• ORDINANCE NO. 2004- 17
AN ORDINANCE relating to the establishment of a Tourism Promotion Area pursuant
to RCW Chapter 35.101, imposing a charge on the furnishing of
lodging by a lodging business iri the tourism promotion area,
providing for the collection of the. charge, providing for the
administration of the charge, and other matters related thereto.
WHEREAS, RCW Chapter 35.101, authorizes the establishment of a Tourism
Promotion Area by a city to permit the charge of Tourism Promotion Charges to fund the
promotion of tourism and convention business within the Tourism Promotion Area
boundaries; and
•
WHEREAS, the Operators of Lodging Businesses within the City of Yakima and
the City of Union Gap have presented an Initiation Petition to Establish a Tourism
Promotion Area (initiation Petition") to the City Council of the City of Yakima. seeking to
have the City Council of the City of Yakima establish a Yakima County Tourism
Promotion Area, specifically including the areas within the jurisdictions of the City of
Yakima, the City Of Selah, the City of Union Gap, and the unincorporated areas of
Yakima County pursuant to the terms of RCW Chapter 35.101; and
•) WHEREAS, the City Council of the City of Yakima has the authority, pursuant to
the terms of RCW Chapter 35.101, to enter into an Intel Agreement with the City of
Selah, the City of Union Gap, and Yakima County to establish a Tourism Promotion
Area, pursuant to the provisions of the Initiation Petition received from the Operators of
Lodging Businesses, to include within the boundaries of the proposed Yakima County
Tourism Promotion Area, the area within the jurisdictions of the City of Yakima, the City
of Selah, the City of Union Gap and the unincorporated areas of Yakima County;. and
WHEREAS, the City Council of the City of Yakima adopted Resolution No. 'R-
2004 -53 entitled "Resolution of Intention by the City Council of the City of Yakima to
Establish a Tourism Promotion Area', as authorized under RCW Chapter 35.101, at •a
City Council meeting held on the 30 day of March, 2004; pursuant to the request of the
Initiation Petition submitted by the Operators of Lodging Businesses within the City of
Yakima and the City of Union Gap, wherein the City Council of the City of Yakima
adopted a resolution of intention to establish a Tourism Promotion Area pursuant to the
provisions set forth in, and as authorized by, RCW Chapter 35.101, having boundaries
to include the incorporated areas of the City of Yakima, the City of Union Gap, the City
of Selah, and the unincorporated areas of Yakima County; and
WHEREAS, Resolution No. R- 2004-53, entitled "Resolution of Intention by the
City Council of the City of Yakima to Establish a Tourism Promotion Area, as Authorized
A i k Under RCW Chapter 35.101" for the promotion of tourism and convention business
IMthin Yakima County was duly published on April 2, 2004, and copies thereof were
mailed on April 1, 2004, to .each Lodging Business in the proposed Yakima County
ORDINANCE-1
718.011rhgtyakima cit\generai\tourism promotion ordinance2
Tourism Promotion Area, as provided by law and the ro ' '
and P visions of RCW 35.101.060;
WHEREAS, the City Council of the City of Yakima held a public hearing in City
Council Chambers, Yakima City Hall, 129 North 2 Street, Yakima, Washington 98901,
at about 2:00 p.m. on the 13 day of April, 2004, pursuant to the provisions of RCW
35.101.030 and 35.101.070, concerning the formation of a Tourism Promotion Area;
and
WHEREAS, the City Council of the City of Union Gap, the City. Council of the City
of Selah, and - the County Commissioners of Yakima County have b
ty_ - y _
legislative action, authorized the execution of an Interlocal Agreement with the City of
Yakima to permit the establishment of a Yakima County. Tourism Promotion Area to
include a collection of Tourism Promotion Charges from Lodging Businesses within their
respective jurisdictions;
BE IT ORDAINED BY THE CITY OF YAKIMA, WASHINGTON:
Section 1: New Chapter. A new chapter is added to "Title 5, Licenses and Business
Regulations, of the Yakima Municipal Code to read as follows:
Chapter 5.99
TOURISM PROMOTION AREA
Sections: .
5.99.010 Definitions
5.99.020 Establishment of Tourism Promotion Area. . •
5.99.030 Establishment of Tourism Promotion Area Zones
5.99.040 " Tourism Promotion Charge
5.99.050 Use of Tourism Promotion Charge Revenues
5.99.060 Establishment of Yakima Hotel and Motel Commission
5.99.070 Modification or Disestablishment of the Tourism Promotion Area
5.99.080 Administration/Collection of Tourism Promotion Charges
5.99.090 Inspection of Records
5.99.100 Contract with State for Administration
5.99.110 Violation/Penalties
5.99.120 Severability
•
5.99.010 Definitions
As used in this ordinance, the following terms, unless the context otherwise dictates, shall
have the following meanings: •
A. "Agreement" shall mean the Interlocal Cooperation Agreement between ' ®
City of Yakima, the City of Union Gap, the City of Selah and Yakima County for the
ORDINANCE - 2
718.01\rhgtyaidma ctttgenerartourism promotion ordinance2
•
• establishment of a Yakima County Tourism Promotion Area by the City of Yakima
as authorized by RCW 35.101.040(2).
B. "Annual Budget" shall mean the Yakima County Tourism Promotion Area
budget for a fiscal year, as adopted or amended by the City Council of the City of
Yakima, after the receipt of a recommendation from the Yakima Hotel and Motel
Commission, identifying all estimated revenue from Tourism Promotion Charges
for the fiscal year, and providing for all proposed uses of Tourism Promotion
Charge revenue for the purpose of providing tourism promotion in Yakima County
for the ensuing fiscal year.
C. "Lodging Business" means business located within the Yakima County
Tourism Promotion Area that furnishes lodging taxable by the state under RCW
Chapter 82.08 and that is classified as a hotel or motel with for-LT(40) or more -.
lodging units. Recreational Vehicle parks and Campgrounds are not included.
D. "Operator" means the Operator of a Lodging Business, whether in the
capacity of owner, general manager, lessee, sub - lessee, mortgagee in possession,
licensee, designee, or any other similar capacity.
E. The "promotion of tourism and convention business" means activities and..
expenditures designed to increase tourism and convention business, including but
not limited to, advertising, publicizing, or otherwise distributing information for the
purpose of attracting and welcoming tourists to the City of Yakima, the ,City of •
Seta -, the City of Union Gap, and the unincorporated areas of Yakima County.
F. "Tourism Promotion Charge" means the charge imposed by the City of
Yakima on . the famishing of lodging by a Lodging Business within the Yakima
County Tourism Promotion Area for the purpose of providing for funding of the
promotion of convention and tourism business, under the authority of RCW
35.101.050, in Yakima County.
G. "Yakima County Tourism Promotion Area ". means the Tourism Promotion
Area with boundaries that include the City of. Yakima, the City of Selah, the City of
Union Gap, and the unincorporated areas of Yakima County and which was .
established by the Ordinance of the City Council of the City of Yakima pursuant to
the authority of RCW Chapter 35.101 as authorized by the resolutions of the City
Council of the City of Yakima, the City Council of the City of Union Gap, the City
Council of the City of Selah, and the County Commissioners of Yakima .County
adopting the terms of the Agreement.
•
H. "Yakima Hotel and Motel Commission" means the Yakima Hotel and Motel '
Commission, established by the City of Yakima, whose members are appointed by
the County Commissioners of Yakima County, the City Council of the City of
Yakima, the City Council of the City of Union Gap, and the City Council of the of
ORDINANCE - 3
718.01\rng\yakima citlgeneretounsm promction ordinance2
Selah to provide recommendations to the City Council of the City of. Yakima
proposed uses and projects of the Yakima County Tourism Promotion Area.
on
• I. "Zone" or "Zones" means the distinct geographic sub -area. or sub -areas
within the Yakima County Tourism Promotion Area as established by Ordinance of
the City Council of the City of Yakima.
5.99.020 Establishment of Tourism Promotion Area
There is hereby established a Yakima County Tourism Promotion Area having boundaries
which include the City of Yakima, the City of Selah, the City of Union Gap, and the
unincorporated area of Yakima County. Provided, however, no area within Yakima
County which is within the boundaries of any incorporated city or town shall be included
within the boundaries of the Tourism Promotion Area unless the city or town has entered
into an Agreement prior to the effective date of this Ordinance. Distinct geographic zones
are established and defined in section 5.99.030 of this chapter.
5.99.030 Establishment of Tourism Promotion Area Zones
There are hereby established three distinct geographic zones within the Yakima County
Tourism Promotion Area •
Zone A Zone A encompasses all geographic locations within the area of the •
City of Yakima defined as follows: Downtown core bordered from the centerline
of East "DA Street to the North, the centerline of Third Street to the West, the
centerline of East Spruce Street to the South and the centerline of Interstate 82
to the East.
•
Zone B Zone B encompasses all geographic locations within the area of the ..
incorporated limits of the City of Yakima, the City of Selah and the City of Union
Gap, except the geographic locations that comprise Zone A.
Zone C Zone C encompasses all geographic locations outside Zones A and
B, but within the unincorporated area of Yakima County.
5.99.040 Tourism Promotion Charge
Effective July 1, 2004, in the Zones that are established and described in section 5.99.030
of this chapter, there shall be imposed a Tourism Promotion Charge on the furnishing of
lodging by a Lodging Business located in the Yakima County Tourism Promotion Area as
follows:
Zone A. $1.50 per room/day
Zone B: $0.75 per room/day
Zone C: $0.50 per room/day
ORDINANCE - 4
718.01\rhg\yakima citlgenera(ltcurism promotion ordinance2
The Tourism Promotion Charges imposed under this chapter are not a tax on the "sale
of lodging" for the purposes of calcuiatin the lodging tax limit specified in
9 9 9 P RCW _..
82.14.410.
•
5.99.050 Use of Tourism Promotion Charge Revenues
The revenues from the Tourism Promotion Charges .imposed by the City of Yakima
within the Yakima County Tourism Promotion Area shall be used for the following
purposes only:
•
A. The funding of all activities and expenditures designed to increase tourism
promotion and convention business within the Yakima County Tourism
Promotion Area as specified in the Yakima County Tourism Promotion Area
Budget and .
B. The marketing of convention and business that benefit local tourism and
result in increased convention business within the Yakima County Tourism
Promotion Area; and
•
C. The marketing of Yakima County to the travel •industry in order to benefit
local tourism and result in overnight stays within the Yakima County Tourism
Promotion Area; and
•
D. the marketing of Yakima County to recruit major sporting events in order
to promote local tourism resulting in ovemight stays within the Yakima County
Tourism Promotion Area.
5.99.060 Es of Yakima Hotel and Motel Commission
•
• A. . The City Council of the City of Yakima, pursuant to the authority of RCW
35.101.130(1), hereby establishes a nine (9) member Yakima Hotel and Motel
Commission to advise the City Council of the City of Yakima on the expenditure
of. Tourism Promotion Charge revenues by the Yakima County Tourism
Promotion Area to fund tourism promotion in Yakima County, which shall be
composed of five voting members and four non -voting members who shall be
appointed in the manner set forth in this section.
B. Voting Members of the Yakima Hotel and Motel Commission shall be
selected by. the City Council of the City of Yakima, the City Council of the City of
Selah, and the City Council of the City of Union Gap, in the manner set forth in
subsections (C) and (D) of this section, from a list of nominees prepared by the
Yakima Valley Lodging Association. All nominees for voting membership on the
Yakima Hotel and Motel Commission must be Operators of Lodging Businesses
within the Yakima County Tourism Promotion Area or employed by the Operator
of such a Lodging Business.
ORDINANCE - 5
718.011rhg \yakima dt \general\tourism promotion ordinance2
C. The City Council of the City of Selah shall appoint one voting member to
represent the City of Selah; the City Council of the City of Union Gap shall
appoint two voting members to represent the City of Union Gap; and the City
Council of the City of Yakima shall appoint two voting members to represent the
City of Yakima.
0 One non -voting member of the Commission shall be appointed from the
members of the County Commissioners of Yakima County; one non- voting
member shall be appointed from the members of the City Council of the City of
Yakima; one non -voting member shall be appointed from the members of the
City_ Council. of the City Union.. .Gap; and. one._nort_voting member may be
appointed from the members of the City Council of the City of Selah. .Non-voting
members of the Yakima Hotel -and Motel Commission may participate in all
discussions regarding proposed activities and programs by the Yakima County
Tourism Promotion Area for the promotion and marketing of tourism in Yakima
County but shall not have voting rights.
•
E The initial voting members of the Yakima Hotel and Motel Commission
shall serve staggered terms, with one member serving a one -year time, two
'members serving two-year terms, and two members se rving three -year terms.
The length of the term for each individual member of the initial Yakima Hotel and
Motel Commission shall be chosen by lot at the first meeting of the Commission.
Thereafter, all voting members subsequently appointed to the Yakima Hotel and
Motel Commission shall serfor tht e-year t erms.
F. All of the revenues from Tourism Promotion Charges collected by City
Council of the City of Yakima from Lodging Businesses within the jurisdiction of
the unincorporated area of Yakima County, the City of Yakima, the City of Union
Gap, and the City of Selah shall be allocated by the City Council of the City of
Yakima in accordance , with the Annual Budget for the Yakima County Tourism
Promotion Area. The Yakima Hotel and Motel Commission shall make a
recommendation to the City Council of the City of Yakima on all Annual Budgets;
however, the City Council of the City of Yakima shall have the ultimate authority
to set and approve all Annual Budgets.
5.99.070 Modification or Disestab(ishnient of the-Tourism Prom Areal!:'
A The City -c, incil of the City of Yakima
- -_.. _____ ,- by -a�pcQ na a acfi may *7
theprovisions�of this Ordinance orrprovide for the disestablishment of .the Yakima
Cou nty Tounsm Promotion Area, after`adopting_� resolution of i n t ention t o such
effect. Such resolution '' of intention shall describe . the change or changes
proposed, or indicate that it is the intention to disestablish the Yakima County
Tourism Promotion Area, and shall state the time and place of a public hearing to
be held by the City Council of the City of Yakima to consider the proposed action.
ORDINANCE - 6
718.011rhg \yaidma citlgeneralltourism promotion ordinance2
B. If the Operators of Lodging Businesses which paid over forty percent
(40 %) of the Tourism Promotion Charges imposed within the Yakima County
Tourism Promotion Area during the preceding calendar year file a petition with
the City Council of the City of Yakima or the Yakima Hotel and Motel
Commission requesting that the City Council of the City of Yakima adopt a
resolution of intention to modify or disestablish the Yakima County Tourism
Promotion Area, the City Council. of the City of Yakima shall adopt such
resolution and act upon it as required by law. Signatures on such petition shall
be those of a duly authorized representative of the operators of Lodging
Businesses in the Yakima County Tourism Promotion Area. In the event of
failure, on the part of the City Council of the -City of Yakima to honor this request
the participating local governments reserve the right to withdraw from this
agreement upon' three (3) months notice to the other participating local
governments. Provided, however, the effective date of any modification or
withdrawal shall be coordinated with the Washington State Department of
Revenue in conjunction with its responsibility to administer the Tourism .
Promotion Charges imposed pursuant to this chapter.
C. In the event a resolution under. subsections A or B of this section proposes
disestablishment of the Yakima County Tourism Promotion Area, the City Council
of the City of Yakima by Ordinance shall disestablish the Yakima County Tourism
Promotion Area; unless at such hearing, protest against disestablishment is
• made by the operators of Lodging Businesses paying over fifty percent 50 %) of
the Tourism Promotion Charges in the Yakima County Tourism Promotion Area.
5.99.080 Administration/Collection of Tourism Promotion Charges
The Tourism Promotion Charges imposed under this chapter shall be administered by the
Washington State Department of Revenue and shall be collected by Lodging Businesses
from persons taxable by the state under RCW Chapter 82.08. The provisions of RCW
Chapter 82.32 apply to the Tourism Promotion Charges imposed under this. chapter:
The Tourism , Promotion Charges collected by the Washington State Department of
Revenue shall be deposited by the Department in the local tourism promotion account
created and maintained by the State Treasurer. All receipts from the Tourism Promotion
Charges imposed hereunder must be deposited into this account. Expenditures from the
account may only be. used for tourism promotion resulting in ovemight stays in the Tourism
Promotion area Lodging Businesses. The State Treasurer shall distribute the money in
the account on a monthly basis to the City of Yakima.
5.99.090 Inspection of Records
All Lodging Businesses subject to the collection of the Tourism Promotion Charges, as set
orth in this chapter, and the City Council of the City of Yakima consent to the inspection of
ich records as are deemed necessary by the y e Washington State Department of Revenue 1
pursuant to applicable statues, rules or regulations.
ORDINANCE -
7 18.01 \rhg \yakima citlgeneral\tourism promotion ordinance2
•
.99.100 Contract with State for Administration
The Mayor of the. City of Yakima, or a majority of the City Council of the City of Yakima, is
authorized to enter into contract(s), at other than an open meeting, with the Washington
State Department of Revenue for the administration of the charge imposed pursuant to
this Ordinance.
•
5.99.110 Violation/Penalties
Any person, firm or corporation who fails orr refuses to collect the charge as required under
the terms of this Ordinance with the intent to violate the provisions of this Ordinance or to
gain some advantage or benefit, either directly or indirectly, and any guest who refuses to
pay any charge due under this Ordinance, shall be guilty of a misdemeanor, and upon
conviction thereof, shall be punished by imprisonment in the County jail for a maximum
term fixed by the court of not more than ninety (90) days, or by a fine in the amount fixed
by the court of not more than $1,000.00 or by both such imprisonment and fine. Provided,
however, the penalty provided for under the terms of this section shall be in addition to any
other provisions provided for by law.
5.99.120: Severability . •
•
; any part or provision of this Ordinance, or its application to any person or circumstance is
geld invalid, it is the intent of the City Council of the City of Yakima that the remainder of
this Ordinance, or its application of the provisions to other persons or circumstances is not
affected.
Section 2: Effective Date. This Ordinance shall be in full force and effect thirty (30)
days after its passage, approval, and publication, as provided by law and by the Charter of
the City of Yakima. Collection of the Tourism Promotion Charges shall commence on July
1, 2004, unless otherwise amended by ordinance of the City of Yakima.
PASSED BY THE CITY COUNCIL OF THE CITY OF YAKIMA, signed and
approved this 13th day of April, 2004. .
(7.
Paul . George, Mayor
ATTEST:
• i<C1)ci". /e.,--6-e}
City Clerk
'..rblication Date: .4/46/04
_ffective Date: 5/16/04
ORDINANCE- 8
718.01\rhg \yakima at \genera1tourism promotion ordinance2
. RECEIVED
. CITY OF YAKIMA
CITY OF SELAH - = - __ -_ v = � -_ __ ___- _ =
di p
• WASN• 115 Went Nacl:e.eAnerrue OFFICE OF CITY COUNCIL hone 509 -698 -7328
• Selah. Washington 98942 Fax 509-698-7738
•
•
•
August 9, 2010 .
•
City of Yakima City Council
129 North 2 Street • . . - • _ -
Yakima, WA 98901
City of Union Gap City Council
•
P.O. Box 3008
Union Gap, WA . 98903
Yakima County Commissioners
128 North 2 Street
® Yakima, Washington 98901
Re: Notice of Termination - Withdrawal .
•
Interlocal Cooperation Act Agreement for the Establishment of Yakima County Tourism
Promotion Area
•
Honorable Council Members and Commissioners:
• The City of Selah is opting to withdraw from the Interlocal Cooperation Act Agreement - for the .
Establishment of Yakima County Tourism Promotion Area dated April 13, 2004. Under provision 8.1 of
the Agreement this letter serves as the City of Selah Notice of Termination. Such termination becomes
effective one year from the date of this letter.
Very truly yours,
..Bob Jones, Mayor.
•
Cc: Selah City Council
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ea