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HomeMy WebLinkAbout2003-005 Yakima County Interlocal Agreement re: Sundome (Agplex) ORDINANCE NO 2003 -05 AN ORDINANCE of the City of Yakima, Washington, authorizing the City Manager to enter into or extend an inter -local agreement with Yakima County regarding financmg improvements to the Sundome WHEREAS, m 1987 the City of Yakima, Washington (the "City ") and Yakima County (the "County ") entered into an interlocal agreement (the Agplex Modification of Convention Center Agreement) pursuant to which the City agreed to contribute to the debt service of bonds issued by the County for the Sundome project; which agreement was modified m 1989; and WHEREAS, the County has determined that certain modifications to the Sundome should be made, including increased seating capacity, to ensure that the Sundome will contmue to attract tourists to the area and the County expects to issue debt to finance these improvements; and WHEREAS, the City has been using revenues from business licenses and real estate excise taxes to finance the City's share of debt service on the original bonds and the City and County expect to structure the City's payment of its share of debt service on the new debt to begin in 2010 when the existing debt is paid, by continuing business license fees at least at their 1987 rates, not reducmg them per intent of Ordmance No 3060, until the new debt is paid, NOW, THEREFORE, BE IT ORDAINED BY the City of Yakima, Washington, as follows: Section 1 Approval of Agreement. The City Manager is hereby authorized to negotiate with the County an amendment to the Agplex Center Agreement or enter mto a new interlocal agreement with the County pursuant to which the City would agree to pledge up to $150,000 annually for the years 2010 through 2025 from business hcense and real estate excise tax revenue for the repayment of a mmimum of one million one hundred thousand of principal to -1- K119406189010NMNWMN 030XM be provided by the County to finance improvements to the Sundome. The City Manager and City Clerk are authorized to execute the new agreement or amendment to the existing agreement. Section 2 Security In order to repay its obligations to the County, the City shall continue to levy the business license fees at rates established m 1987 by Ordinance No 3060, together with other legally available funds to pay the City's obligations under the agreement. Once the City's has made its payments to the County, the 50% increase m Business license fees established by Ordmance No 3060 shall be eliminated. Section 3 Prior Acts. All acts taken pursuant to the authority of this ordinance but prior to its effective date are hereby ratified and confirmed. Section 4 Effective Date. This ordinance shall be effective 30 days after its passage, approval and publication as provided by law PASSED by the City Council of the City of Yakima, Washington at a regular meeting thereof, held this 4th day of February, 2003 CITY OF YAKIMA, WASHINGTON 7 Mary Place Mayor ATTEST cgs- City Clerk APPROVED AS TO FORM. City Attorney Publication Date 2 -7 -2003 Effective Date: 3 -9 -2003 -2- K:\1 9 4 06 499 01 01NMMNMN O30XM Post Office Box 1490 • www yakirna.org EA'E R L IMA `_• 10 North Ninth Street, Yakima WA 98907 TEL. 509/248 2021 • FAX 509/248.0601 CHAMBER of COMMERCE E MAIL. chamber @vakima.or, January 28, 2001 Mayor Mary Place City Council City of Yakima 129 North 2nd Street Yakima WA 98901 Dear Mayor Place and Members of the City Council, In 1987, the community had a rare opportunity to create a major new facility with the creation of the Sun Dome The challenge was in obtaining the local match to couple with the state grant. The chamber held a meeting of all the parties who would be involved m the local financing package The city determined the only way they could find their share of monies was to raise the business license fee by 50% They asked for the chamber's support on this proposal. We surveyed our members and found that, of those responding, over 88% were in favor of this approach if it was only used for this purpose The Chamber Board of Directors, therefore, endorsed this proposal. All parties in 1987 had a vision of what the Sun Dome would mean long term for this community The economic contribution it has made has met those expectations and more. The recent Yakima Valley Visitor and Convention Bureau annual activity report shows a sizable amount of the events listed were held at the Sun Dome We now have a professional sports team which is unknown for a community our size and has placed our name throughout the United States Another major activity we have gained economic benefit from is the high school athletic activities of 1A and 2A basketball tournaments along with volley ball tournaments It is estimated the economic contribution to the community from Sun Dome activities exceeds $10 million annually Needless to say, we have found a gem for our economic development needs in the community and must work hard to maintain the viability of this facility We are now sixteen years from the time we met to get the project going and have a new need before us which is the expansion of the facility We need this expansion to retain the above mentioned activities It has been proposed that the city's contribution to the expansion effort might come through the extension of the 1987 business license increase which expires in 2006 Our executive committee has reviewed this concept and fully concurs with the extension of the increase as long as it continues to be used only for this sole purpose. We feel the history shows this has been a solid return on the investment for our community We urge you to support the funding request from the Central Washington State Fair Board. Sincerely, /0)/3i- &7(--4 -A1/744— Don Jo an Gary Webster Chairman of the Board President / CEO elgiW Central Washington • - ' AVE January 30, 2003 City of Yakima Yakima City Council 129 N 2nd Street Yakima WA 98901 Dear Members of the Yakima City Council The SunDome is a multipurpose domed facility located on the Central Washington State Fairgrounds and is in need of expansion to accommodate a variety of activities and sporting events. Architectural drawings have been rendered by Loofburrow Architects of Yakima, Washington, which envision the total expansion of the SunDome facility to be accomplished in three phases, namely Phase I, Phase II, and Phase III The proposed Phase I expansion consists generally of adding a two story addition to the north end of the existing SunDome structure, increasing the seating capacity by means of permanent seating, and adding additional shower/ changing rooms The two -story addition will add 16,000 sq ft. of space, four (4) additional locker rooms, and two team dressing rooms The permanent seating capacity for a single basketball court setting will go from 5, 200 to 7,030 To date we have received $1 25 million from the State and a commitment of $200,000 from the City of Union Gap Combined with our request from the City of Yakima for $1 1 million, we will be able to complete Phase I Respectfully submitted, CENTRAL WASHINGTON FAIR ASSOCIATION '>; 4 CURTIS KIN ,CHAIRMAN BOARD OF DIRECTORS �yIPSNINGT :lp Yf Ju l 1892 MO "" rA P O Box 1381 ® Yakima, Washington 98907 g f ' ` Telephone (509) 248 -7160 • Fax (509) 248 -8093 ( 7y ". Y A K I M A V A L L E Y Visit our website at www fairfun.com ) *(INA,VA Email. cwsf @fairfun.com HOME OF THE OBE Sample Debt Service Amortization Schedule Note: The amortization schedule on the opposite page is for illustrative purposes only It is not to be mistaken for the actual debt nor the actual repayment schedule of the final funding agreement for the financing of the Sundome Expansion project. Since the County owns the Sundome, they will determine the actual financial instrument best suited to them for obtaining the needed funds This amortization schedule was prepared by the City's Investment Banker's to provide the City with one financing option for obtaining the needed funding for the Sundome expansion conditioned on the terms and constraints of the City's fiscal position and the City's ability to make debt service payments If Council passes this ordinance, this amortization schedule, although enclosed here for illustrative purposes only, will be utilized by the City as the basis for establishing terms and conditions included in the Inter -local agreement to be executed with the County \ \ISNT\Users \ranson \Council Agenda Items \2003 Council Agenda Items \02 -04 -03 Sun Dome Expan. - Amortz Sched Dis- claimer.doc Uy,"18 /UL U8 Ltl t'HA LUbbt$ L J1I 11Lt; nn �'`' " Lm BOND DEBT SERVICE R) Cit of Yakima ,� �J f SOP L City of Yakima Serial Bonds 2002 ONLY Dated Date 12/01/2002 Delivery Date 12/01/2002 Annual Period Compounded Debt Debt Ending Principal Coupon Interest Interest Service Service 12/01/2002 - _ _ _ - 06/01/2003 - _ _ 12/01/2003 - - - ® 06/01/2004 - - _ - FOR ® c u S sI ®1'19 - 06/01/2004 _ _ S PL _ PURP OSES ONLY 0��01/2 ^ ^5 dNl 12/01/2005 - - 06/01/2006 - ONLY _ - _ 12/01/2006 - - - 06/01/2007 - - _ 12/01/2007 - - _ _ _ - - 06/01/2008 - - - _ - _ 12/01/2008 - - _ _ _ 06/01/2009 - - - _ _ 12/01/2009 - - - - - _ 06/01/2010 - - 12/01/2010 110,127 00 3.900% - 39,873.00 150,000 150,000 06/01/2011 - - 12/01/2011 105,022.50 4 000% - 44,977.50 150,000 150,000 06/01/2012 - - 12/01/2012 99,960.00 4 100% - 50,040.00 150,000 150,000 06/01/2013 - 12/01/2013 94,956.00 4.200% - 55,044 00 150,000 150,000 06/01/2014 - - 12/01/2014 89,499 00 4.350% - 60,501.00 150,000 150,000 06/01/2015 - - 12/01/2015 84,108.00 4.500% - 65,892.00 150,000 150,000 06/01/2016 - - 12/01/2016 78,813 00 4 650% - 71 187 00 150,000 150,000 06/01/2017 - - 12/01/2017 74 176.50 4 750% - 75,823.50 150,000 150 000 06/01/2018 " - - 12/01/2018 69,678 00 4.850% - 80,322.00 150,000 150 000 06/01/2019 - 12/01/2019 65,325.00 4 950% - 84 675 00 150,000 150,000 06/01/2020 - 12/01/2020 61,125.00 5 050% - 88,875 00 150,000 150 000 06/01/2021 12/01/2021 57,082.50 5 150% - 92,917.50 150,000 150,000 06/01/2022 - 12/01/2022 53,205 00 5.250% - 96,795 00 150,000 150,000 06/01/2023 - 12/01/2023 50,004 00 5.300% - 99,996.00 150,000 150,000 06/01/2024 - 12/01/2024 46,950 00 5.350% - 103,050 00 150,000 150,000 06/01/2025 - - 12/01/2025 44,535 00 5 350% - 105,465 00 150,000 150,000 1,184,566.50 0 1,215 433.50 2,400,000 2,400 000 Sep 17 2002 6:24 ifoinditap =. dBLby: raN sb gegt � i e ocal settings \temporary interne files \oll<lcltemp YAKIIv1A- YAKIMA) Page 1 , , ;i / /,•'! 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G4PISTRUGTi01I FLOC PLAN WALL TO SE REMO • T 02V3 1015 -02 OACAITOMMOOPLOOPTIOELVIIP sscorD FLOOR FLAN S.F M C.ITIOW PIA FIRST FLOOR MGM Nee 1 ,� TW STORY ADDITION A2.2 AGPLEX MODIFICATION OF CONVENTION CENTER AGREEMENT 1 This modified agreement, executed this OA day of 7imoyik 198 , by and between the County of Yakima, a municipal corporation, herein- after called the County and the City of Yakima, ? municipal corporation, hereinafter called the City, WITNESSETH WHEREAS, RCW 67 28 120 authorizes contracts between cities and counties for the joint financing of acquisition, construction, maintenance and operation of public stadium facilities and /or convention center facilities, and, WHEREAS, the parties hereto entered into such an agreement on May 12, 1975 entitled "Agreement for Joint Acquisition of Convention Center" (herein- after referred to as the 1975 Agreement) for the purpose of jointly financing the acquisition, construction, maintenance and operation of the Yakima Con- vention Center facilities (including building and parking lot) as authorized in said RCW 67 28 120, and, WHEREAS, said agreement calls for remittance by the County to the City of all proceeds of the County's Accommodations Tax levy derived from within the incorporated limits of the City, throughout the life of said agreement, and for use by the City of said County remittances for purposes of capital, main- tenance and operation costs of the stadium and /or convention center facilities, including cost of debt service on bonds for such faciLities, and, WHEREAS, contemporaneous with the 1975 Agreement, the City issued two series of bonds (Yakima Convention Center general obligation bonds and LTD Pavilion Parking general obligation bonds) pursuant to authority of RCW 67 28 150, to which the sums remitted to the City by the County from its levy were pledged, and, WHEREAS, these County levy proceeds have increased over time since 1975, so that they now exceed the amount needed or spent by the City to meet the obligations on the above - mentioned bonds, and the City has, to date, accumulated a :reserve fund from such levy surpluses sufficient to satisfy all remaining obligations on said bonds, based on current rates of interest and existing payment schedules, and, WHEREAS, Washington Laws of 1987, Chapter 483, Sec 1, and RCW 67 28 180(2)(b) as amended thereby., allows such surpluses to be spent in counties of other than class AA for county -owned facilities for agricultural promotion, and, WHEREAS, Yakima County, not being a class AA county, intends to issue bonds for and construct and operate a multipurpose agricultural trade and convention facility of approximately 80,000 gross square feet on the Central Washington Fairgrounds, which facility shall be referred to herein- after as the Agplex, and, WHEREAS, the City expects to derive significant economic benefit from such agricultural trade and convention facility if constructed, now, therefore, The parties, by their respective legislative authorities, herewith modify their 1975 Agreement as follows I All sums due from the County to the City under the 1975 Agreement and remitted by the Department of Revenue to the County on or before Decem- ber 31, 1987, shall be remitted by the County to the City by January 1, 1988 On or before January 1, 1988, the County shall pay the City the additional slim of $140, 000 II From and after January 1, 1988, the County shall be relieved of any obligation to pay Accommodations Tax revenues to the City under the 1975 Agreement, so long as those funds that would otherwise have been due the City under the 1975 Agreement are applied first to the costs (including bond debt) of acquisition, construction and operation of the Agplex building herein - above described III Commencing with the issuance of the County Bonds (described in this paragraph) and continuing until the twentieth anniversary thereof, the City shall pay the County periodic amounts equal to 78% of the cost (including principal and interest) of retiring such Bonds (or any bonds issued to refund such Bonds) to be issued by the County under the authority of RCW 67 28 150 in the total principal amount of One Million Dollars ($1,000,000 00), the term of which Bonds shall be twenty (20) years These payments by the City shall be construed to consist of semi - annual payments of both principal and interest required to amortize, over the term of the County Bonds, the princi- pal amount of $780,000 The timing of these payments shall be determined by the bond redemption schedule, with each payment to be made 30 days prior to the due date for each successive installment of interest and /or principal on the Bonds The Bonds referred to herein are yet to be issued and may exceed the total principal amount of One Million Dollars They are not to be confused with those bonds issued by the County for Agplex on October 13, 1987 In the event that the County issues more than One Million Dollars of these Bonds, the City's payment obligations shall be based on the first million dollars of bonds so issued IV The City also agrees to include the Agplex within the coverage of its real property casualty insurance policy and name the County as an addil tional insured therein, if and so long as the County so elects, PROVIDED 1 the County pays the marginal cost of such added coverage V In consideration of the covenants of the City herein, The County agrees to construct and use its best efforts to operate the Agplex The County agrees that if the Agplex as hereinabove described is not operational on or before January 1, 1993, the City's obligations hereunder shall be deemed satisfied and payments by the City to the County hereunder shall permanently cease, AND VI The County agrees in the event the Agplex is damaged or destroyed by fire, to restore the Agplex to operational condition within three yearp of the fire, excl}.iding periods of delay caused by litWat.ion if ar}y VII If the Agplex ceases to be operational due to any casualty or other cause outside the County's control, other than fire, the County will use its best efforts to re- construct or repair the Agplex and to resume the operation thereof No such cessation of the County's operation of the Agplex shall relieve the City of any payment obligations hereunder, HOWEVER, if the Agplex ceases to operate through voluntary action or decision of Yakima County, then the City's obligations hereunder shall be deemed satisfied and payments by the City to the County hereunder shall cease YAKIMA COUNTY COMMISSIONERS 4 1:7 CHAIRMAN ATTEST BARBARA HILL Clerk of/ he Board / '! MEMBER B !Cr ..l � _ i1. � : /J.044..jf e • uty Clerk . MEMBER ATTEST CITY OF YAKIMA B Yal1i4a City pTeI'l City l anagpr CONT 1 -M City Resolution No D -5404 City Contract #87 -48,, RESOLUTION NO D -5404 A RESOLUTION authorizing the City Manager to exP0"rA An ___- ment with Yakima County modifying the City /County Agreement For Joint Acquisition Of Convention Center WHEREAS, RCW 67 28 120 authorizes contracts between cities and counties for the joint financing of acquisition, construction, maintenance and operation of public stadium facilities and /or convention center facilities, and WHEREAS, Yakima County and the City of Yakima entered into such an agreement on May 12, 1975 entitled "Agreement For Joint Acquisition Of Convention Center" (hereinafter referred to as the 1975 Agreement) for the purpose of jointly financing the acquisition, construction, maintenance and operation of the Yakima Convention Center facilities (including building and parking lot) as authorized in said RCW 67 28 120, and WHEREAS, said agreement calls for remittance by the County to the City of all proceeds of the County's Accommoda- tions Tax levy derived from within the incorporated limits of the City, throughout the life of said agreement, and for use by the City of said County remittances for purposes of capi- tal, maintenance and operation costs of the stadium and /or convention' center facilities, including cost of debt service on bonds for such facilities, and WHEREAS, contemporaneous with the 1975 Agreement, the City issued two series of bonds (Yakima Convention Center general obligation bonds and LTD Pavilion Parking general obligation bonds) pursuant to authority of RCW 67 28 150, to which sums remitted to the City by the County from its levy were pledged, and WHEREAS, these County levy proceeds have increased over time since 1975, so that they now exceed the amount needed or spent by the City to meet the obligations on the above - mentioned bonds, and the City has, to date, accumulated a reserve fund from such levy surpluses sufficient to satisfy CONVCENT RES /G6 all remaining obligations on said bonds, based on current rates of interest and existing payment schedules, and WHEREAS, Washington Laws of 1987, Chapter 383, Section 1, and RCW 67 28 180(2)(b) as amended thereby, allows such surpluses to be spent in counties of other than class AA for county —owned facilities for agricultural promotion, and WHEREAS, Yakima County, not being a class AA county, intends to issue bonds for and construct and operate a multipurpose agricultural trade and convention facility of approximately 80,000 gross square feet on the Central Washington Fairgrounds, which facility shall be referred to hereinafter as the Agplex, and WHEREAS, the City expects to derive significant economic benefit from such agricultural trade and convention facility if constructed, and WHEREAS, the City Council deems it to be in the best interests of the City of Yakima to execute an agreement entitled "Agplex Modification Of Convention Center Agreement" the original of which is attached hereto and incorporated herein, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA The City Manager and the City Clerk of the City of Yakima are hereby authorized and directed to execute the attached and incorporated agreement entitled, "Agplex Modification Of Convention Center Agreement" ADOPTED BY THE CITY COUNCIL this 3 day of November, 1987 % HENRY BEAUCHAMP Mayor ATTEST /s/ KAREN J ROBERTS City Clerk Certified to be a t lie and correct copy of the original filed is ery office CONVCENT RES /G6 ? CITY CLERK By �'1 �„ Deputy 0 BOARD OF , CO UNTY COMMISSIONERS ROOM 416 COUNTY COURTHOUSE, YAIUMA, WA. 98901 509 575 - 4111 - /a k r m a FAX 509 -575 -4071 -I - -- - County- -- - - -- - -- -- - -- - - -- ----- --- - - -- December 28, 1989 City of Yakima 129 North 1st Street Yakima, Washington 98901 Attention: Karen S. Roberts, City Clerk RE: SECOND AGPLEX MODIFICATION OF CONVENTION CENTER AGREEMENT Dear Karen: Enclosed is your original signed of the Second Agplex Modification of Convention Center Agreement which was signed by the Board of Yakima County Commissioners on December 26, 1989. Should you require any additional information regarding this please contact Mr. John Staffen, Deputy Prosecuting Attorney at (509) 454 -5374. Sincer- y, , I S ' 'a E. Hinojosa De•• y Clerk of the Board SEH sh Enclosure cc. Yakima County Auditor's Office Central Washington State Fairgrounds John Staffen, Deputy Prosecuting Attorney John Vanek, City Attorney Richard Raab, Project Manager * District One * District Two * District Three Alex Demo Graham Tollefson Charles J Klar,ch Ch air in an ) RESOLUTION NO. D - 5664 A RESOLUTION authorizing execution of a Second Agplex Modifi- cation of Convention Center Agreement WHEREAS, RCW 67 28 120 authorizes contracts between cities and counties for the joint financing of acquisition, construction, maintenance, and operation of public stadium facilities and /or convention center facilities such as the Agplex Sundome project now under construction by Yakima Coun- ty; and WHEREAS, on November 11, 1987, the City Council autho- rized the execution of an agreement between the City and the County [Agplex Modification of Convention Center Agreement) wherein the City agreed to contribute to the debt service of the Sundome Agplex project; and WHEREAS, since entering into that agreement, the costs of the Agplex Sundome project have substantially increased due to unforeseen expenses; and WHEREAS, the County has requested the City to increase its contributions to the Agplex Sundome project and the City expects to derive benefit from the construction and operation of the Agplex Sundome, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA The City Manager and City Clerk are hereby authorized and directed to execute the attached and incorporated Second Agplex Modification of Convention Center Agreement ADOPTED BY THE CITY COUNCIL this 19th day of December 1989 S /Patricia A Berndt Mayor ATTEST S /Karen S Roberts City Clerk 6 e4 he .IL oc / / 1 Tres / agplex) SECOND AGPLEX MODIFICATION OF t ) CONVENTION CENTER AGREEMENT WHEREAS, the City of Yakima [City] and Yakima County [County] on November 3, 1987 pursuant to RCW 67 28 120 entered into the Agplex Modification of the Convention Center Agreement (Agreement] wherein the City obligated itself to assist the County in financing of the Agplex; and WHEREAS, since entering into said Agreement, the cost of the Agplex project has substantially increased due to unforeseen ex- penses, and WHEREAS, the County has requested the City to increase its contributions to the Agplex and the City expects to derive benefit from the construction and operation of Agplex, now, therefore, THE CITY AND THE COUNTY HEREBY MUTUALLY AGREE TO MODIFY SAID AGREEMENT TO READ AS FOLLOWS The parties agree to add an additional Section VII to said Agreement which follows Section VII Commencing with the issuance of County Bonds [described in this paragraph] and continuing until the 20th anniversary thereof in 2009, the City shall pay the County annual amounts of seventy -five thousand dollars [$75,000] to retire such Bonds for any bonds issued to refund such Bonds] issued by the County under the authority of RCW 67.28.150. These payments by the City shall consist of semiannual pay- ments The timing for payment of the City's semiannual obli- gation shall be determined by the Debt Service Schedule, a true copy of which is attached and incorporated herein as Exhibit "A ", with each payment to be made thirty [30) days prior to the due date for each successive installment of in- terest and /or principal on the Bonds Payments shall commence thirty [30] days prior to May 1, 1990 and the final payment shall be due thirty [30] days prior to November 1, 2009 For purposes of the City limited obligation debt capacity the City will recognize long -term debt on its records of seven hundred eighty -one thousand, five hundred and seventeen dol- lars and eighty-seven cents [$781,517 87] These payments by the City have been calculated and shall be construed to con- sist of semiannual payments of both principal and interest required to amortize, over the term of the County Bonds, the principal amount of seven hundred eighty -one thousand, five hundred and seventeen dollars and eighty -seven cents ($781,517 87] The Bonds referred to in this section are not to be confused with those Bonds issued by the Count+ for Agplex on October 13, 1987 or Bonds otherwise authorized by the Agplex Modification of Convention Center Agreement The City's payment obligation shall be no more than the seventy - five thousand dollars [$75,000] annually for twenty [20] years or one million, five hundred thousand dollars ($1,500,000 00) under this section The County shall apply all funds remitted by the City under this section only for the retirement of principal and interest on the County Bonds referred to in this section With the exception of the addition of Paragraph VII to the Agplex Modification of Convention Center Agreement, the provisions of said Agreement shall remain in full force and effect - 1 - (agr / agplex) � This Second NT�dification of Convention `C J enter Agreement is executed this 19th day of Decanber , 1989, by and between the County of Yakima, a municipal corporation, and the City of Yakima, a municipal corporation. CITY OE YAKIMA YAKIMA COUNTY COMMISSIONERS City M A Chair � AFi Richard A Zai ais, Jr ember ATTEST p �� r' \wt � _N�1�CL� Ma City Clerk Karen S Roberts, C64C ATTEST./ /y • A Co Clerk /a "f/_ , 8' City Contract No 89- (p ` ' .0 / �XP Resolution D -5664 - 2 - (agr /agplex) • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No . G For Meeting Of 02/04/2003 ITEM TITLE Ordinance authorizing the City Manager to (a) execute an inter -local agreement with Yakima County to finance Phase I of the Sundome expansion project and (b) extend the collection of the additional 50% Business License Fees authorized by City Council Ordinance # 3060 in 1987 until the new debt is paid in full, approximately 2025 SUBMITTED BY Finance Department CONTACT PERSON /TELEPHONE Rita Anson, Finance Director (#575-60704 Tim Jen , reasury Services Officer ( #575 -6070) SUMMARY EXPLANATION c Background, Yakima County issued General Obligation Bonds In November 1987 and November 1989 for the purpose of constructing the "Yakima County Agplex" (Sundome) The City of Yakima agreed to pay a portion of the County's debt service on each of these bond issues by entering into two inter -local agreements with the County; such agreements are authorized by RCW 67 28 120 Concurrent with these agreements, the City Council passed Ordinance # 3060, which raised Business License fees by fifty percent, to finance the majority of the City's portion of debt service payments on these bonds (At that time, City Council stated their intention to eliminate the increase in the business license fees when the Sundome bonds were paid off) The City pays the County approximately $150,000 annually; the bonds will retire in 2007 and 2009 The City is utilizing revenues from both Business License fees and Real Estate Excise Tax to make the annual payments to the County Continued Resolution _ Ordinance _X_ Other (Specify) — Contract Mail to (name and address) Phone Funding Source Business Licens ees and Real Estate Excise Tax Revenues APPROVED FOR SUBMITTAL �-�� %-, City Manager STAFF RECOMMENDATION Pass Ordinance see page 3 for detailed list of recommendations BOARD /COMMISSION RECOMMENDATION Council Economic Development Committee recommended (a) the City participate in the Sundome project expansion, (b) staff's financing option as proposed herein and (c) that these two proposals be sent to the full Council for consideration COUNCIL ACTION Ordinance passed. ORDINANCE NO. 2003 -05 • Page 2/3 Note: the County has refunded both of the original bonds twice since they were initially issued. The City's debt service payment obligation to the County likely should have been reduced at that time The City has requested an accounting from the County of the change in the debt service payments on these bonds and the related impacts this would have on the City's obligation to the County The City has not yet received this information, however, the County has stated that they believe that the difference in total . debt service payments owed to the County over the term of these agreements may be reduced by approximately $30,000 on the first (1987) bond issue and that there would be no change on the second (1989) bond issue The City's finance department has requested legal counsel to review the inter -local agreements and provide a legal opinion regarding whether or not a reduction in the debt service of the 1989 bond would result in a debt service payment reduction to the City The County has stated that they will provide the City with detailed information regarding any changes in the terms and conditions of the refunded bond issues within the next week or so When received, staff will review this information and advise Council regarding our assessment of the City's liability and any overpayments that may have been made Present: The Board of the Central Washington Fair Association has determined that certain modifications are necessary to the Sundome to ensure its viability as a desirable amateur sports venue into the future. The first phase of the plan includes a two story addition, increasing the seating capacity from 5,200 to 7,030 and adding additional shower /changing rooms The additional seating capacity is needed to satisfy various sports tournament sponsors in order to retain this tourism for the community (For more information on the Phase I project description, refer to the letter from the Central Washington Fair Association, enclosed.) To date the Fair Association has received $1.25 million from the State, a commitment of $200,000 from the City of Union Gap, and has asked the City of Yakima to contribute $1 1 Million for Phase I of the project. (The County has not been asked to contribute to Phase I of the project; however, they are being asked to provide significant funding for Phases II & III, the City is not being asked to contribute to the final two phases of the project.) The only viable option available to the City to raise the requested funds is to borrow the money and utilize the same revenues currently used to make debt service payments on the existing bonds to repay the new loan. This can be done by structuring the new debt so that no payments are due on the loan until after 2009, when the existing bonds will be paid off The City would then continue to utilize general fund revenues from Business License fees and Real Estate Excise Tax for debt service payments on the new loan. The City would need to continue Business License rates as authorized in 1987, past the original intended sunset in 2009, until the new debt is fully paid, estimated to be 2025 This extension has been discussed with and is supported by business leaders in the community, as evidenced by the letter of support received from the Greater Yakima Chamber of Commerce, enclosed. \ \ISNT\Users \ranson \Council Agenda Items \2003 Council Agenda Items \02 -04 -03 Sun Dome Expansion #3 - Agenda Stmt.doc Page 3/3 In consideration of the significant contribution the City has and continues to make in support of the Sundome facility; the competitive issues between the Sundome (owned by the County) and the Convention Center (owned by the City) and in the interest of accountabihty and stewardship of public funds, staff recommends the formation of a Sundome Oversight Committee The Oversight Committee would be made up of representatives from the City of Yakima, the City of Union Gap, The County, the Fair Board and the Visitors and Convention Bureau. The Oversight Committee would represent a broad base of community interests relative to use of the Sundome and attracting tourism to the area. The attached Ordinance, if passed by Council, would authorize the City Manager to execute an inter -local agreement with the County in which the County agrees to provide a minimum of $1 1 million in principal in 2003 for the expansion of the Sundome and the City agrees to repay the County the principal, interest and related debt issuance costs in an amount not to exceed $150,000 annually for 16 years, payments not to begin prior to 2010 • The bonding and related debt service assumptions that form the underlying structure for this financial analysis have been reviewed and are supported by the City's Investment Bankers, Seattle Northwest Securities, Inc., based on current market conditions • The $1 1 million is to be utilized solely for the expansion of the Sundome as defined in the letter from the Central Washington Fair Association, enclosed. • Note Since the Sundome is owned by the County, the City may not issue bonds for its expansion. The County would need to provide funding for the expansion and the City would enter into an agreement to repay the County via annual debt service payments to the County The new agreement will require the County to notify the City of any changes in the structure or payment /amortization schedule of the financial instruments utilized to finance the project expansion. Staff Recommendations: 1 Execute an Inter -local agreement with the County for the financing and repayment of Phase I of the Sundome expansion project 2. Extend the Collection of the additional 50% Business License Fee past the original sunset date of 2009 through the year 2025 3 Establish a Sundome Oversight Committee 4. Complete the City's legal and financial review of the Inter -local agreements and the terms and conditions of the refinanced Sundome Bonds and negotiate a reduction in the aggregate debt service payments to the County Enclosed for Council's Review: 1 Ordinance (prepared by Preston, Gates & Ellis, LLP) 2. Letter from the Greater Yakima Chamber of Commerce regarding extension of the Business License Fees 3 Letter from the Central Washington Fair Association regarding project description 4. Sample Amortization Schedule for expansion financing 5 Sun Dome Expansion Project Diagrams 6 Copy of the 1987 and 1989 Inter -Local Agreements between the City and the County \ \ISNT\Users \ranson \Council Agenda Items \2003 Council Agenda Items \02 -04 -03 Sun Dome Expansion #3 - Agenda Stmt.doc