HomeMy WebLinkAbout24-1107RESOLUTION NO. 24-1107
A RESOLUTION OF THE CITY COUNCIL OF DENTON, TEXAS, MAKING FINDINGS
THAT THE PROPOSED TOURISM PUBLIC IMPROVEMENT DISTRICT AND THE
PROPOSED PUBLIC IMPROVEMENTS WILL PROMOTE THE INTERESTS OF THE CITY
AND CONFER A SPECIAL BENEFIT ON A DEFINABLE PART OF THE CITY;
PROVIDING THAT THE DISTRICT AND PROPOSED PUBLIC IMPROVEMENTS ARE
FEASIBLE AND ADVISABLE; PROVIDING FINDINGS WITH RESPECT TO THE
NATURE AND ESTIMATED COST OF THE PROPOSED PUBLIC IMPROVEMENTS, THE
BOUNDARIES OFTHE DISTRICT; AUTHORIZING THE CREATION OF THE DISTRICT
AND DIRECTING THE CITY SECRETARY OR OTHER OFFICER TO PUBLISH NOTICE
OF THE CREATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the governing body (the "City Council") of the City of Denton, Texas (the
"City"), is authorized by Chapter 372, Texas Local Government Code, as amended (the " Act"),
to create public improvement districts within the corporate limits and extratenitorial jurisdiction
of the City; and
WHEREAS, in 2018, local hoteliers approached the City regarding the creation of a
Tourism Public Improvement District (the “District”) and on October 24, 2018 the City Council
provided direction to proceed with the inclusion of a request for the District in the City’s 2019
Legislative Program; and
WHEREAS, the City of Denton has the authority to form a Tourism Public Improvement
District if successfully petitioned pursuant to Section 372.0035(a) of the Texas Local Government
Code; and
WHEREAS, during the November 14, 2023 Work Session, the City Council provided
direction to proceed with the creation of the district; and
WHEREAS, the Act states that the Petition is sufficient if signed by owners of more than
60 percent of the taxable real property, according to appraised value, and either of the following:
more than 60 percent of the area of all taxable real property liable for assessment under the
proposal, or more than 60 percent of all record owners of property liable for assessment; and
WHEREAS, on May 21, 2024, City staff confirmed that owners of 61.5% of the taxable
real property, according to appraised value and owners of 65.1% of the area of all taxable real
property had petitioned the City to establish the District, attached as Exhibit A as required by the
andAct
WHEREAS, the Petition has been on file with the City Secretary and available for public
inspection at all times after it was submitted and filed; and
WHEREAS, the City Council has investigated and determined that the Petition complies
with and is sufficient under the Act to create the District; and
WHEREAS, the City Council has investigated and determined that the matters set forth
in the Petition are true and correct; and
WHEREAS, the City Council has investigated and determined that the public
improvements described in the Petition (the "Public Improvements") are authorized by the Act,
promote the interests of the City, and confer a special benefit on the District; and
WHEREAS, on or before June 3, 2024, the City Secretary caused notice of the Public
Hearing to be published in a newspaper of general circulation in the area where the proposed
District is located; and
WHEREAS, on or before June 3, 2024, the City Secretary caused notice of the Public
Hearing, addressed to "Property Owner," to be mailed to the current address (as reflected on the
tax rolls) of owners of property subject to assessment under the proposed District; and
WHEREAS, the City Council has investigated and determined that the published and
mailed notices of the Public Hearing complied with the Act and were published and mailed
before the 15th day before the date of the Public Hearing as required by the Act; and
WHEREAS, after publishing, mailing, and otherwise providing all notices required by
the Act and state law, the City Council conducted the Public Hearing on June 18, 2024, at the
time and place and for the purposes set forth in the notices; and
WHEREAS, after all persons having an interest in the creation of the District were given
an opportunity to be heard, the City Council closed the Public Hearing on June 18, 2024; NOW,
THEREFORE;
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The matters set forth in the recitals in this Resolution are true and correct.
are fully incorporated as part of this Resolution for all purposes, and constitute findings of the
City Council acting in its legislative capacity.
SECTION 2. The form and content of the Petition, the form, content, and timing of the
notices of the Public Hearing, and the conduct of the Public Hearing were in compliance with all
requirements of the Act and are hereby ratified and approved.
SECTION 3. The City Council, after considering the Petition, information provided by
the City staff, and the evidence, information, and testimony presented at the Public Hearing,
makes the following findings, each of which represents the exercise by the City Council of its
legislative authority and discretion:
1.
2
The creation of the District and the undertaking and financing of the Public Improvements
promote the interests of the City.
The creation of the District and the undertaking and financing of the Public Improvements
confer a special benefit on a definable part of the City identified herein as the District.
3. The creation of the District and the undertaking and financing of the Public Improvements
are advisable and feasible.
4.The proposed Public Improvements are authorized by Section 372.003 of the Act and
include, but are not limited to, the improvements described below:
a. Funding to attract convention, group, and tourism business to the City;
b. Marketing activities, including but not limited to: Denton brand marketing
including digital and print advertisements, radio and television advertisements,
static and digital billboards, new collateral and promotional materials, public
relations communication strategy development, a social media influencer
program, and economic development partnerships;
Sales activities, including but not limited to: offer sales rebates and incentives,
attendance to professional industry conferences and events, participation in
national trade shows, sales events, and familiarization tours showcasing hotels
in the district;
Administrative activities, including but not limited to: costs to establish the
district, contract expenditures to support activities related to the District,
administrative staff to manage financials and reporting, bank fees and other
costs associated with financial transactions, insurance, and consultation; and
Tourism research activities, including but not limited to: tourism research
calculators, software, destination data analytics, and return on investment
analysis.
C.
d.
e.
5.The estimated cost of the proposed Public Improvements is $12,600,000 over the 10-year
term of the District.
6.The boundaries of the proposed District are the boundaries of the 17 hotels with 75 rooms
or more within the City: Embassy Suites by Hilton – Denton Convention Center;
Budget Host Inn & Suites; Springhill Suites by Marriott; WoodSpring Suites; Quality
Inn; Homewood Suites by Hilton; Hilton Garden Inn; Studio 6; Residence Inn by
Marriott; Holiday Inn Express & Suites – TWU/UNT; Courtyard by Marriott; La
Quinta Inn & Suites; Holiday Inn Express and Suites – Denton South; Hampton Inn
& Suites; Motel 6; Staybridge Suites; Fairfield Inn & Suites. A list of the properties
comprising the boundaries of the District is attached hereto as Exhibit A.
The method of assessment will be 2.0% of the gross hotel room night revenue of hotels
with 75 or more rooms ordinarily used for sleeping within the District. The gross hotel
room night revenue will be self-reported by hotels within the District and remitted on a
monthly basis. The assessment will only apply in instances where the hotel occupancy tax
is required to be collected. This apportionment of costs is based on the special benefits
accruing to each hotel property. The assessment will be reviewed and approved annually
by the Denton City Council and carried out in accordance with the procedures located in
the Act
7.
8. The costs of the Public Improvements will be apportioned solely to the District to be
paid with funds generated from the special assessment and none of the cost shall be borne
by other funds of the City.
SECTION 4. The District is authorized, established, and created as a public improvement
district under the Act in accordance with the findings contained above.
SECTION 5. The District shall be known as Denton Tourism Public Improvement
District.
SECTION 6. The City Secretary is hereby authorized and directed to cause the caption
of this Resolution (together with a general description of the District) to be published one
time in a newspaper of general circulation in the area where the District is located as required
by the Act; whereupon the authorization of the District shall take effect.
SECTION 7. This Resolution has been approved by majority vote of all members of
the City Council and constitutes the improvement order establishing and creating the District in
accordance with the Act.
SECTION 8. This Resolution shall take effect immediately from and after its passage
and publication as required by this Resolution and the Act.
The motion to approve this Resolution was made by
seconded by J ,E hAth_1
by the following vote [L - L] :
Aye
tSr&,Jb A cIA')v fIcCc, and
; the Resolution was passed and approved
Nay Abstain Absent
Mayor Gerard Hudspeth:,/
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Vicki Byrd , District 1 :
Brian Beck, District 2 :
Paul Meltzer, District 3 :
Joe Holland, District 4:
Brandon Chase McGee, At Large Place 5 :
Jill Jester, At Large Place 6:
d,y,f Ju*~LPASSED AND APPROVED this the _, 2024.
GERARD H PETH, MAYOR
ATTEST:
LAUREN THODEN, CITY SECRETARY
d.*-„,M„-
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
.„_943gE
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