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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:,/ J ,/ 1/ ,/ -r 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. 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