HomeMy WebLinkAbout(0095) Petition to Expand the TPID.pdfSTATE OF TEXAS
CK41021111WK43III10R41A.M211
TO: THE MAYOR AND CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS
APPROVAL OF PETITION AND
VERIFICATION OF SIGNATORY AUTHORITY
Fort Worth Waterside Lodging Associates, LLC
Full Legal Name of Hotel: ❑BA: Residence Inn - Fort Worth Southwest
Address of Hotel: 5825 Arborlawn Drive, Fort Worth, TX 76109
TAD Listing of Hotel Owner: Fort Worth Waterside Lodging Associates LLC
TAD Listing of Hotel Owner Address:
4601 Frey St. Ste 400, Madison, Wl 53705
1, the undersigned, am a duly authorized executive of the Company identified above, which is a record owner of real property
that would be liable for assessment under the existing City of Fort Worth Tourism Public Improvement District C'TPID").
By executing this Approval of Petition and Verification of Signatory Authority requesting inclusion within the existing
TPID, I hereby represent on behalf of Company that I have read and understand the Original Petition Requesting
Establishment of the TPID. Resolution No. 4837-08-2017 Authorizingthe Establishment of the TPID. Resolution No. 5264-
08-2020 Authorizing and Expanding the TPID, and the updated Service and Assessment Plan adopted by the City Council
(Mayor and Council Communication 20-0577), all of which constitute the TPID Petition. I also represent that l have the
authority to legally bind Company and to execute this approval on Company's behalf. I affirm that such binding authority
has been granted by Company.
By virtue of the same (singular) signature below, I do request on behalf of Company that the City Council of the City of
Fort Worth, Texas include the above noted hotel within the existing TPID under the Public Improvement District
Assessment Act, V.T,C.A. Local Government Code. Chapter 3,72 (the "Act"), so that the powers granted under the Act may
be exercised by Me City of Fort Worth.
Name: Judith P Raymond
Please print name of Hotel Signatory to Petition
'ek 1-' 1.2
of Authorized
Member
of Hotel Ownership Group
Title of Signatory (May be Hotel GM if GM is authorized to sign on behalf of Ownership Group)
Raymond Management Company, Inc.
Name of Entity Employing Above Signatory (e.g.; name of hotel ownership group, hotel, or management company, etc.)
Date: March 17, 2021
Note: The Company further represents, affirms, and certifies that, with respect to the expansion of the TPID,.the-City is
fully entitled to rely on the warranty and representation set forth in this form unless and until the City receives written
notice from the Company of a change. The Company acknowledges that it is solely responsible for ensuring that the City
is provided with an updated form within ten (10) business days of any change to the signatory authority.
STATE OF TEXAS
COUNTY OF TARRANT
TO. THE MAYOR AND CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS
APPROVAL OF PETITION AND
VERIFICATION OF SIGNATORY AUTHORITY
Full Legal Name of Hotel:
Hotel Drover
Address of Hotel: 200 Mule Alley Dr, Fort Worth, TX 76164
TAD Listing of Hotel Owner: Stockyard Station Hotel 11 LLC
TAD Listing of Hotel Owner Address: 13191 Crossroads Pkwy N 6th Floor, City of Industry, CA 91746-3497
I, the undersigned, am a duly authorized executive of the Company identified above, which is a record owner of real property
that would be liable for assessment under the existing City of Fort Worth Tourism Public Improvement District ("TPID").
By executing this Approval of Petition and Verification of Signatory Authority requesting inclusion within the existing
TPID, I hereby represent on behalf of Company that I have read and understand the Original Petition Requesting
Establishment ofthc TPID, Resolution No. 4837-08-2017 Authorizing the Establishment of the TPID, Resolution No. 5264-
08-2020 Authorizing and Expanding the TPID, and the updated Service and Assessment Plan adopted by the City Council
(Mayor and Council Communication 20-0577), all of which constitute the TPID Petition. I also represent that I have the
authority to legally bind Company and to execute this approval on Company's behalf. I affirm that such binding authority
has been granted by Company.
By virtue of the same (singular) signature below, I do request on behalf of Company that the City Council of the City of
Fort Worth, Texas include the above noted hotel within the existing TPID under the Public Improvement District
Assessment Act, V.T.C.A, Local Government Code, Chapter 372 (the "Act"), so that the powers granted under the Act may
be exercised by the City of Fort Worth.
Name: Craig Cavileer
Please print name of Hotel Signatory to Petition
Signature of AutRo�ed Representative of Hotel Ownership Group
Managing Partner- CEO
Title of Signatory (May be Hotel GM if GM is authorized to sigh on behalf of Ownership Group)
Stockyards Station Hotel II LLC
Name of Entity Employing Above Signatory (e.g.; name of hotel ownership group, hotel, or management company, etc.)
Date:
Note: The Company further represents, affirrnns, and certifies that, with respect to the expansion of the TPID, the City is
fully entitled to rely on the warranty and representation set forth in this form unless and until the City receives written
notice frorn the Company of a change. The Company aclurowledges that it is solely responsible for ensuring that the City
is provided with an updated form within ten (10) business days of any change to the signatory authority.
STATE OF TEXAS
COUNTY OF TARRANT
TO: THE MAYOR AND CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS
APPROVAL OF PETITION AND
VERIFICATION OF SIGNATORY AUTHORITY
Full Legal Name of Hotel: Home2 Suites by Hilton Fort Worth Cultural District
Address of Hotel: 3000 & 3012 W Lancaster Ave, Fort Worth TX 76107
TAD Listing of Hotel Owner:
BCH Fort Worth Partners LLC
TAD Listing of Hotel Owner Address: 2743 Perimeter Pkwy Bldg 100 Ste 370, Augusta GA 30909
I, the undersigned, am a duly authorized executive of the Company identified above, which is a record owner of real property
that would be liable for assessment under the existing City of Fort Worth Tourism Public Improvement District ("TPID").
By executing this Approval of Petition and Verification of Signatory Authority requesting inclusion within the existing
TPID, I hereby represent on behalf of Company that I have read and understand the Original Petition Requesting
Establishment of the TPID, Resolution No. 4837-08-2017 Authorizing the Establishment of the TPID, Resolution No. 5264-
08-2020 Authorizing and Expanding the TPID, and the updated Service and Assessment Plan adopted by the City Council
(Mayor and Council Communication 20-0577), all of which constitute the TPID Petition. I also represent that I have the
authority to legally bind Company and to execute this approval on Company's behalf. I affirm that such binding authority
has been granted by Company.
By virtue of the same (singular) signature below, I do request on behalf of Company that the City Council of the City of
Fort Worth, Texas include the above noted hotel within the existing TPID under the Public Improvement District
Assessment Act, V.T.C.A. Local Government Code, Chapter 372 (the "Act"), so that the powers granted under the Act may
be exercised by the City of Fort Worth.
Name: rj
Please print naive of 1 ioAl Sknatory to Petition
Signature of
of Hotel Ownership Group
Title of Signatory (Mdy be ltlotei GMUf 6M is authorized to sign on behalf of Ownership Group)
n v� CA-LkouI 1.LC
Name of Entity Employing Above Signatory (e.g.; name of hotel ownership group, hotel, or management company,�
netc.)
Date; [�
Note: The Company further represents, affirms, and certifies that, with respect to the expansion of the TPID, the City is
fully entitled to rely on the warranty and representation set forth in this form unless and until the City receives written
notice from the Company of a change. The Company acknowledges that it is solely responsible for ensuring that the City
is provided with an updated form within ten (10) business days of any change to the signatory authority.
A Resolution
NO. 5264-08-2020
AUTHORIZING AND EXPANDING FORT WORTH PUBLIC IMPROVEMENT
DISTRICT NO.18 (TOURISM PID) TO INCLUDE ADDITIONAL HOTELS AND
TAKING CERTAIN OTHER ACTIONS CONCERNING THE DISTRICT
WHEREAS, the Public Improvement District Assessment Act, Chapter 372 of the
Texas Local Government Code ("Act") allows for the establishment of public
improvement districts;
WHEREAS, on August 29, 2017, the City Council adopted Resolution No. 4837-
08-2017, establishing Fort Worth Public Improvement District 18 — Tourism ("Tourism
PID") ("Establishing Resolution");
WHEREAS, a petition ("Petition") was submitted to the City of Fort Worth, Texas
("City"), pursuant to the Act, requesting to expand the Tourism boundaries to include
additional hotel properties within Tourism PID and has been on file in the office of the
City Secretary for public inspection;
WHEREAS, pursuant to Section 372.009 of the Act, the City provided notice and
publication of a public hearing t❑ be conducted on August 18, 2020 to consider the
expansion of the Tourism PID ("Public Hearing"), which notice and publication included
the following: (i) time and place of the public hearing; (ii) general nature of the proposed
improvements and services; (iii) estimated costs of the improvements and services; (iv)
expanded boundaries of the Tourism PID; (v) proposed method of assessment; and (vi)
proposed apportionment of cost between the additional hotel properties in Tourism PID
and the City;
WHEREAS, notice of the Public Hearing was published on August 2, 2020 in the
Fort Worth Star -Telegram, a newspaper of general circulation in the City, and was also
mailed on July 31, 2020 to all record owners of property in the Tourism PID liable for
assessment, and all persons desiring to be heard were given a full and fair opportunity to
be heard at the Public Hearing;
WHEREAS, the City Council conducted and adjourned the Public Hearing to
consider the expansion of the Tourism PID; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
1. Recitals.
The findings set forth in the recitals of this Resolution are found to be true
and correct.
2. Findings.
The City Council, after duly considering the evidence and testimony
presented at the Public Hearing and based on all information known by the City
Council, hereby makes the following findings:
2.1 Petition and Boundaries.
(a) The current boundaries of the Tourism PID consist of noncontiguous areas
authorized under Section 372.0035 of the Act consisting solely of hotel
properties with 100 or more rooms ordinarily used for sleeping within the
City of Fort Worth. A list of the original motels that are included within
the boundaries of the Tourism PID is included in the Establishing
Resolution-
(b) Section 372.0121 of the Act allows the City Council to include additional
properties in the Tourism PID if (i) the property is a hotel and (ii) the
property could have been included in the Tourism PID without violating
Section 372.005(b-1) of the Code when the Tourism PID was created
regardless of whether the record owners of the property signed the original
petition. As evidenced below, the Motel properties set forth in Exhibit
"A", which is attached hereto and incorporated herein for all purposes
("Additional Hotel Properties"), meet the necessary elements for inclusion
into the Tourism PID.
(i) The Additional Hotel Properties to be included in the Tourism PID
as part of this Resolution are all hotel properties.
(ii) The City Council found that the original petition for the Tourism
PID was sufficient because it had been signed by record owners of
taxable real property Iiable for assessment that constituted: (a)
73.13% of the appraised value of taxable real property liable for
assessment and (b) 62.96% of the area of all taxable real property
liable for assessment (see Establishing Resolution). The property
owners, or their duly authorized representatives, for all of the
Additional Hotel Properties have each signed a petition
requesting inclusion within the Tourism PID. This results in an
increase to 73.9% of appraised value of taxable real property liable
for assessment and 64.4% for the area of all taxable real property
liable for assessment.
2.2 Advisability and Feasibility of the Improvements and Services
Proposed for the Tourism PID. It is advisable to expand the Tourism PID
to include the Additional Hotel Properties set forth herein to provide the
proposed improvements and services described in the Petition and this
Resolution. The improvements and services will promote the interests of the
City and confer a special benefit on the assessed properties within the
Tourism PID. The Fort Worth Convention and Visitor's Bureau staff
performed an analysis of the Tourism PID, its service plan and strategies, and
concluded that it provides a very effective means for significantly enhancing
the ability of Fort Worth to promote its hotel, convention, and tourism
activity, which has been borne out since the Tourism PID's establishment.
Based on this analysis and the successful history of the Tourism PID, the
City finds the proposed tourism public improvement district to be both
advisable and feasible.
2.3 Nature of the Improvements and Services. The general nature of the
proposed improvements and services to be provided within the expanded
boundaries of Tourism PID include, without limitation, marketing, business
recruitment, and promotional activities authorized by the Act for
improvements and promotion of the Tourism PID, including, but not limited
to, the provision of incentives by the Fort Worth Convention and Visitors
Bureau to organizations to encourage them to bring large and city-wide
events (including, without limitation, meetings, sporting, recreation, and
cultural events) to Fort Worth and to fund additional marketing by the Fort
Worth Convention and Visitors Bureau to increase hotel stays within the
City.
2.4 Estimated Cost of the Improvements and Services. Over the seven
(7) year period beginning on October 1, 2020 and ending on the expiration of
the Tourism PID as provided in Section 3, the estimated total cost of the
improvements and services to be provided by the Tourism PID will be
$37,220,037.00, which includes an estimated cost of $4,178,453.00 for the
2020-2021 fiscal year.
For the 2020-2021 fiscal year, the estimated cost of the above -referenced improvements
and services, and estimated costs to implement such improvements and services is:
Incentives and Sales Efforts
$I,855,554
Marketing and Research
(Promotion/Advertising)
$1,443,208
Site Visits & Familiarization Tours
$ 309,259
Cultural Enhancements through
Marketing and Promotion of the Arts
$309,259
Operations and Administration
$206,173
City Administrative Fee
$55,000
1
Total
$4,178,453
Such estimated costs are reasonable and appropriate. The estimated costs of
improvements and services provided in the 2020-2021 fiscal year will be determined in a
subsequent annual budget and service plan for the Tourism PID to be approved by the
City Council on August 25, 2020, in accordance with Chapter 372 of the Act. Such costs
will be paid from assessments levied in accordance with Chapter 372 of the Act. The
seven-year service plan proposed for the 'Tourism PID is attached hereto as "Exhibit B"
("Service Plan") and incorporated herein for all purposes. The Service Plan Budget and
assessment amount are subject to annual review and approval by the City Council.
2.5. Method of Assessment. The costs of the improvements and services will be
funded from assessments levied on and collected from properties located in the Tourism
PID that contain hotels of one hundred (100) or more guest rooms and that are subject to
payment of City hotel occupancy taxes pursuant to Chapter 32, Article It of the City
Code, as amended. The City will levy a special assessment against the new hotel
properties located within the expanded boundaries of the Tourism PID ("Hotel Parcel") in
an amount equal to two percent (2%) of the consideration received for occupancy of any
sleeping rooms furnished by a hotel located on a Hotel Parcel (subject to any lawful
exemption of the hotel occupancy tax under applicable state law and City ordinances),
with such assessments to be collected in the same manner and in accordance with the
same procedures as those established for collection of the City's hotel occupancy tax, as
set forth in Chapter 32, Article 11 of the City Code, as amended. The collection of
assessments will be made at the same time hotel occupancy taxes are collected on and
after October 1, 2020. The City Council hereby finds that the proposed method of
assessment is reasonable and necessary.
2.6. Apportionment of Costs Between the Tourism PID and the City, as a Whole.
The apportionment of costs between the Tourism PID, inclusive of the Additional Hotel
Proeprties, and the City, as a whole, is as follows:
(a) The entire cost of each improvement and service will be paid from
assessments levied in accordance with Chapter 372 of the Act.
(b) No City funds will be used to pay any portion of the cost of any
improvement or service, unless such funding is approved from the City Council or
other appropriate municipal authority on a case -by -case basis.
3. Inclusion of Additional Hotel Properties within the Tourism PID,• Term.
Based on the findings set forth above, the City Council authorizes the expansion of the
boundaries of the Tourism PID to include the Additional Hotel Properties. The inclusion of the
Additional Hotel Properties within the Tourism PID takes effect on the date on which this
Resolution is published in a newspaper of general circulation in the City in accordance with
Section 372.0I0(b) of the Act and will expire concurrently with the expiration date set forth in
Section 3 of the Establishing Resolution. The expansion of the Tourism PID is subject to all
conditions, limitations, and reservations set forth in the findings in Section 2. All other
provisions of this Resolution shall be effective from and after adoption of this Resolution.
4. Advisory Body.
The City Council hereby declines to appoint an advisory body for the expanded Tourism
PID boundaries pursuant to Section 372.008 of the Act. The City Council hereby reserves the
right to assign responsibility for preparation of the ongoing service plan for the PID to another
entity in the absence of such an advisory body, as authorized by Section 372.0I3(a) of the Act.
S. Publication.
The City Secretary is hereby directed to publish notice of the City Council's
authorization to establish the PID once in a newspaper of general circulation in the City.
ADOPTED this 18* day of August 2020.
ATTEST:
Mary J. Kayser, City Secretary
EXHIBIT A
Expanded Boundaries of the Tourism PID
(Additional Hotel Properties)
Account Name
Address
City, State, Zip
RMS
Moon Hotel Alliance, Hyatt Place
3201 Alliance Town Center
Fort Worth, TX
130
76117
OGC Main Street, Spring Hill Suites
2315 N. Main Street
Fort Worth, TX
170
76164
AC Hotel Fort Worth Downtown
101 West 5'h Street/610
Fort Worth, TX
2S2
Main Street
76102
Kimpton Hotel
714 Main Street
Fort worth, TX
232
76102
Hyatt Place Fort Worth, TCU
2500 West Berry Street
Fort Worth, TX
127
76109
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City Adnr o mite Ff
EXHIBIT B
Service Plan
Fart Worth Tourism Pubdk I"rowm+mt 06trke
zm
LM
im
i9i5
KM
L' XM
5 437H,453 5
4,745J49 5
5, it17,212 $
5,40E}51 $
5,6?R, 145E 5
5XVQ13 5
6,171AM $
37.220,037
E%krA*4d
isFk"Aw
Embffwt d
EUMrled
Esumm"
bSnutW
Edkmftd
FatlnNtW
5 1,855$54 5
2,11102 $
2,271,24E 5
2,409,90E S
2,530.6% S
2,64S,G91 $
21752,50s $
16,575,167
$ 1,44S.ZM $
I,641,4ST $
I. 756, 5;m $
1A73,671 S
1,9da,Si9 S
2,037,760 S
2,110AW y
12,894262
S 709,259 S
MA44 $
37E,S41 S
40S.SO1 1
411,783 S
160,94E S
4SE,7S7 S
7. 70.t"I13
$ "2S9 $
352,944 $
37E,541 S
401301 $
42117E3 5
470.97E $
45E,7SI i
2.7QAA
S min $
24,%2 S
MAN S
757.66E $
7 I'm $
293.966 S
MnA $
L341,75I
$ 55,000 s
Sswol S
$
55,000 S
SSA00 $
SSAM $
$SAM S
A5,000
S 4,17aAS3 $
41746�M 5
SJ02,210 $
5,4M,351 $
5,67i,75E S
5,034,313 $
6,1710S S
M220437
A Resolution
NO.4837-08-2017
AUTHORIZING AND ESTABLISHING FORT WORTH PUBLIC
IMPROVEMENT DISTRICT NO. 18 (TOURISM PID) AND TAILING CERTAIN
OTHER ACTIONS CONCERNING THE DISTRICT
WHEREAS, the Public Improvement District Assessment Act, Chapter 372 of the
Texas Local Government Code ("Act") allows for the establishment of public
improvement districts;
WHEREAS, a petition ("Petition") was submitted to the City of Fort Worth, Texas
("City"), pursuant to the Act, requesting the establishment of a public improvement
district on land within the City to be known as the Fort Worth Public improvement
District No. 18 ("Tourism PID") and has been on file in the office of the City Secretary
for public inspection;
WHEREAS, pursuant to Section 372.009 of the Act, the City provided notice and
publication of a public hearing to be conducted on August 29, 2017 to consider the
creation of the Tourism PID ("Public Hearing"), which notice and publication included the
following. (i) time and place of the public hearing; (ii) general nature of the proposed
improvements and services; (iii) estimated costs of the improvements and services; (iv)
boundaries of the proposed Tourism PID; (v) proposed method of assessment; and (vi)
proposed apportionment of cost between the Tourism PID and the City;
WHEREAS, notice of the Public Hearing was published on August 13, 2017 in the
Fort Worth Slar-Telegram, a newspaper of general circulation in the City, and was also
mailed on August 11, 2017 to all record owners of property in the Tourism PID, and all
persons desiring to be heard were given a full and fair opportunity to be heard at the
Public Hearing;
WHEREAS, the City Council conducted and adjourned the Public Hearing to
consider the creation of the Tourism PID; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
1. Recitals.
The findings set forth in the recitals of this Resolution are found to be true
and correct.
2. Findings.
The City Council, after duly considering the evidence and testimony
FbRTWbyjH
IF
presented at the Public Hearing and based on all information known by the City
Council, hereby makes the following findings:
2.1 Petition. The Petition was filed with the City Secretary and complies
with Section 372.005 of the Act and has been signed by record owners of
taxable real property liable for assessment under the proposal who constitute:
(a) 73.13% of the appraised value of taxable real property liable for
assessment under the proposal set forth in the Petition, as determined by the
current roll of the Tarrant Appraisal District, and (b) 62.96% of the area of
all taxable real property that is liable for assessment under the proposal,
2.2 Advisability and Feasibility of the Improvements and Services
Proposed for the Tourism PID. It is advisable to create the Tourism PID to
provide the proposed improvements and services described in the Petition and
this Resolution. The improvements and services will promote the interests of
the City and confer a special benefit on the assessed properties within the
Tourism PID. The Fort Worth Convention and Visitor's Bureau staff have
done an analysis of the proposed tourism public improvement, its service
plan and strategies, and have concluded that it provides a very effective
means for significantly enhancing the ability of Fort Worth to promote its
hotel, convention, and tourism activity. Based on this analysis, the City finds
the proposed tourism public improvement district to be both advisable and
feasible.
2.3 Nature of the Improvements and Services. The general nature of the
proposed improvements and services to be provided in the Tourism PID
include, without limitation, marketing, business recruitment, and promotional
activities authorized by the Act for improvements and promotion of the
Tourism PID, including, but not limited to, the provision of incentives by the
Fort Worth Convention and Visitors Bureau to organizations to encourage
them to bring large and city-wide events (including, without limitation,
meetings, sporting, recreation, and cultural events) to Fort Worth and to fund
additional marketing by the Fort Worth Convention and Visitors Bureau to
increase hotel stays within the City.
2.4 Estimated Cost of the Improvements and Services. Over the ten
(10) year period beginning on January 1, 2018 and ending on the expiration
of the Tourism PID as provided in Section 3, the estimated total cost of the
improvements and services provided by the Tourism PID will be
$57,036,809.00, which includes an estimated cost of $3,469,985.00 for the
201 7-20I S fiscal year, a 40% increase for the 2018-2019 fiscal year, and a
year -over -year increase thereafter of five percent (5%) for the remaining
eight -year term.
For the 2017-2018 fiscal year, the estimated cost of the above referenced improvements
and services, and estimated costs to implement such improvements and services is:
UMO
kkA
Incentives and Sales Efforts
$1,474,744
Marketing (Promotion/Advertising)
$1,214,495
Site Visits & Familiarization Tours
$ 346,998
Event Funding Application Pool
$ 260,249
erations/Research/Administration
$ 156,499
One -Time City Administrative Fee
$17,000
Total
$3,469,985
Such estimated costs are reasonable and appropriate. The estimated costs of
improvements and services provided in the 2017-2019 fiscal year will be determined in a
subsequent annual budget and service plan for the Tourism PID to be approved by the
City Council on August 29, 2017, in accordance with Chapter 372 of the Act. Such costs
will be paid from assessments levied in accordance with Chapter 372 of the Act. The
ten-year service plan proposed for the Tourism PID is attached hereto as "Exhibit A"
("Service Plan") and incorporated herein for all purposes. The Service Plan budget and
assessment amount are subject to annual review and approval by the City Council.
2.5 Boundaries of the Tourism PID. The boundaries of the Tourism PID are
noncontiguous areas authorized under Subchapter 372.0035 of the Act consisting solely
of hotel properties with 100 or more rooms ordinarily used for sleeping within the City of
Fort Worth as set forth in the attached "Exhibit B", which is incorporated herein for all
purposes. The Tourism PID's boundaries may be expanded by the same procedure
required by Chapter 372.012 of the Act for establishment of the Tourism PID.
2.6. Method of Assessment. The costs of the improvements and services will be
funded from assessments levied on and collected from properties located in the Tourism
PID that contain hotels of one hundred (100) or more guest rooms and that are subject to
payment of City hotel occupancy taxes pursuant to Chapter 32, Article II of the City
Code, as amended. The City will levy a special assessment against properties located
within the boundaries of the Tourism PID ("Hotel Parcel") in an amount equal to two
percent (2%) of the consideration paid for occupancy of any sleeping room furnished by a
hotel located on a Hotel Parcel (subject to any lawful exemption of the hotel occupancy
tax under applicable state law and City ordinances), with such assessments to be collected
in the same manner and in accordance with the same procedures as those established for
collection of the City's hotel occupancy tax, as set forth in Chapter 32, Article II of the
City Code, as amended. The collection of assessments will be made at the same time
hotel occupancy taxes are collected on and after January 1, 2018. The City Council
hereby finds that the proposed method of assessment is reasonable and necessary. The
Tourism PID shall not incur bonded indebtedness.
2.7. Apportionment of Costs Between the Tourism PID and the City, as a Whole.
The apportionment of costs between the Tourism PID and the City, as a whole, is as
follows:
UTY.9m
ILA
(a) The entire cost of each improvement and service will be paid from
assessments levied in accordance with Chapter 372 of the Act.
(b) No City funds will be used to pay any portion of the cost of any
improvement or service, unless such funding is approved from the City Council or
other appropriate municipal authority on a case -by -case basis.
3. Establishment of the PID; Term.
Based on the findings set forth above, the Tourism PID comprising the boundaries set
forth in Section 2.5 above is authorized to be established and shall be known as Fort Worth
Public Improvement District No. 18 (Tourism PID). The Tourism PID shall take effect on the
date on which the City Council's authorization to establish the Tourism PID pursuant to and in
accordance with this Resolution is published in a newspaper of general circulation in the City in
accordance with Section 372.010(b) of the Act ("PID Effective Date") and shall expire on the
earlier of (i) ten years fiom the PID Effective Date or September 30, 2027 (whichever is earlier);
(ii) the effective date of a Resolution dissolving the Tourism PID adopted by the City Council
following receipt of a petition requesting dissolution and the holding of a public hearing to
consider such dissolution in accordance with Section 372.011 of the Act; or (iii) any other lawful
method provided for dissolution of a public improvement district pursuant to the Act, as it may
be amended. The Tourism PID shall be subject to all conditions, limitations, and reservations set
forth in the findings in Section 2, All other provisions of this Resolution shall be effective from
and after adoption of this Resolution.
4. Advisory Body
The City Council hereby declines to appoint an advisory body for the Tourism PID
pursuant to Section 372.008 of the Act. The City Council hereby reserves the right to assign
responsibility for preparation of the ongoing service plan for the PID to another entity in the
absence of such an advisory body, as authorized by Section 372.013(a) of the Act.
5. Pu bliention.
The City Secretary is hereby directed to publish notice of the City Council's
authorization to establish the PID once in a newspaper of general circulation in the City.
ADOPTED this 29t' day of August 2017.
ATT T:
Maly d. Kayser t Se y
Ego i bo
robFiR
W
r2
EXHIBIT A
Service Plan
1
EXHIBIT B
Boundaries of the Tourism PID
Account Name
Address
clty, State, Zip
RMS
Aloft Downtown Fort Worth
300 W. 3rd 5t,
Fort Worth, TX
180
76102
American Airlines Training and Conference
4200 American Blvd 76155
Fort Worth, TX
299
Center
76155
Autograph Collection Downtown Fort Worth
512 Main 5t.
Fort Worth, TX
165
76102
Budget Suites of America - Fossil Creek
3500 NE Loop 820
Fort Worth, TX
366
76137
Candlewood Suites - DFW South
4200 Reggis Drive
Fort Worth, TX
174
76155
Courtyard by Marriott - Alliance
3001 Arnador Dr.
Fort Worth, TX
127
76177
Courtyard by Marriott - Blackstone
601 Main Street
Fort Worth, TX
203
76102
Courtyard by Marriott - Fossil Creek
3751 NE Loop 820
Fort Worth, TX
154
76137
Courtyard by Marriott - Stockyards
2537 Main St.
Fort Worth, TX
124
76164
Courtyard by Marriott- University Drive
3150 Riverfront
Fort Worth, TX
130
76107
Courtyard by Marriott - West at Cityview
6400 Overton Ridge
Fort Worth, TX
104
Boulevard
76132
Crossland Economy 5tudios - Fossil Creek
3804 Tanacross
Fort Worth, TX
124
761,37
Dalworth Inn
812 E. Felix Street
Fort Worth, TX
120
76115
DFW Airport Marriott South
4151 Centreport Boulevard
Fort Worth, TX
295
76155
DFW Marriott Hotel and Golf Club at
3300 Championship Pkwy
Fort Worth, TX
286
Champions Circle
76177
Embassy Suites Hotel - Downtown Fort
600 Commerce Street
Fort Worth, TX
156
Worth
76102
Extended Stay America - City View
5831 Overton Ridge Blvd
Fort Worth, TX
104
76132
Fairfield Inn & Suites Downtown
1010 Houston
Fort Worth, TX
110
76102
Fou%R—TiR
II
Fairfield Inn & Suites Fossil Creek
3701 NE loop 820
Fort Worth, TX 106
76137
Hampton Inn and Suites - West/I-30
2700 Green Oaks
Fort Worth, TX 105
76177
Hampton Inn and Suites - DFW South
4201 Reggis Court
Fort Worth, TX 116
76155
Hampton Inn and Suites Downtown Fort
210 E. 9th Street
Fort worth, TX 245
Worth
76102
Hawthorn Suites - University
1701 South University
Fort Worth, TX 120
Drive
76107
Hilton Fort worth
815 Main Street
Fort Worth, TX 294
76102
Hilton Garden Inn - Fort Worth Alliance
2600 Westport Parkway
Fort Worth, TX 127
Airport
76177
Hilton Garden Inn - Medical Center
912 Northton Street
Fort Worth, TX 257
76104
Holiday Inn - DFW Airport South
14320 Centre Station Road
Fort Worth, TX 143
76155
Holiday Inn Express - Downtown
1111 W Lancaster
Fort Worth, TX 132
76102
Holiday Inn North - Fossil Creek
4635 Gemini Place
Fort Worth, TX 126
76106
Homewood Suites - Fossil Creek
3701 Tanacross
Fort Worth, TX 137
76137
Homewood Suites - Medical Center
2200 Charlie lame
Fort Worth, TX 157
76104
Hyatt Place — Cityview
5900 Cityview Street
Fort Worth, TX 127
76132
Hyatt Place — Stockyards
132 E Exchange
Fort -Worth, TX 100
76164
La Quinta Inn and Suites - Fort Worth North
4700 North Street
Fort Worth, TX 133
76137
La Quinta Inn and Suites - Southwest
4900 Bryant Irvin
Fort Worth, TX 128
76132
Omni Fort Worth Hotel
1300 Houston
Fort Worth, TX 614
76102
Quality Inn and Suites - Cattle Baron
2700 S Cherry lane
Fort Worth, TX 109
76116
Radisson - Fort Worth South Hotel
100 Alta Mesa East
Fart Worth, TX 247
76134
Radisson Hotel - Fort Worth Fossil Creek
2540 Meacham Street
Fort worth, TX 247
76106
ZW't41
I• A
Residence Inn - Alliance Airport
1 13400 North Freeway
Fort Worth, TX
111
76177
Residence Inn - Cultural District
2500 Museum Way
Fort Worth, TX
ISO
76107
Residence Inn - Fossil Creek
5801 Sandshell Drive
Fort worth, TX
114
76137
Sheraton Fort Worth Motel and Spa
1701 Commerce Street
Fort Worth, TX
429
76102
SpringHill Suites by Marriott - University
3250 Lovell Street
Fort Worth, TX
145
76107
Stay Express Hotel Fort Worth
2000 Beach Street
Fort Worth, TX
168
76111
TownePlace Suites Downtown
805 E Belknap
Fort Worth, TX
140
76102
TownePlace Suites University
W. Vickery & Trinity Street
Fort Worth, TX
128
76107
WoodSpring Suites Fort Worth
3501 NE Loop 820
Fort Worth, TX
121
76137
Worthington Renaissance Hotel
200 Main Street
Fort Worth, TX
504
76102
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City of Fort Worth, Texas
Mayor and Council Communication
-d"c71L ACTION: Appr_o_v l oia 8lZ91 a: 7 . Resolution No.;
DATE: Tuesday, August 29, 2017 REFERENCE NO.: BH-366
LOG NAME: 25PID18ESTABLISHTOURISMPI❑
SUBJECT:
Conduct Public Benefit Hearing to Declare the Sufficiency of a Petition Requesting Establishment of Fort
Worth Public Improvement District No. 18 (Tourism PID) and Adopt a Resolution Authorizing and
Establishing the Tourism PID (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public benefit hearing concerning the sufficiency of a petition requesting establishment of
Fort Worth Public Improvement District No. 18 (Tourism PID) and the establishment of the Tourism PID;
2. Find that the petition requesting establishment of the Tourism PID meets the requirements necessary
to designate the proposed area as a Public Improvement District pursuant to Chapter 372 of the Texas
Local Government Code;
3. Adopt the attached Resolution: (i) making certain findings concerning the nature and advisability of
special improvements and services to be provided for the benefit of properties in the Tourism PID, the
estimated costs of such improvements and services, the method of assessment, the boundaries of the
Tourism PID and the apportionment of cost between the Tourism PID and the City, as a whole and (ii)
authorizing and establishing the Tourism PID; and
4. Direct the City Secretary to publish notice of the establishment of the Tourism PID as required by
Chapter 372 of the Texas Local Government Code,
DISCUSSION:
Chapter 372 of the Texas Local Government Code (Act) allows certain hotel property owners to petition
the City for the establishment of a public improvement district that confers a special benefit on non-
contiguous properties comprised solely of hotels with 100 rooms or more within the City.
A petition requesting establishment of Fort Worth Public Improvement District No. 18 (Tourism PID) has
been filed with the City Secretary. The petition complies with Section 372.005 of the Act and, as of August
29, 2017, has been signed by record owners of taxable real property liable for assessment under the
proposal who constitute: (a) 73.13% of the appraised value of taxable real property liable for assessment
under the proposal set forth in the petition, as determined by the current roll of the Tarrant Appraisal
District and (b) 62.96% of the area of all taxable real property that is liable for assessment under the
proposal (see Attachment 1). City staff has verified and confirmed all petition signatures.
The goals of the proposed Tourism PID focus on increasing the economic impact and enhancing
competitiveness in conventions, meetings, leisure and sports tourism and increasing tourism -related
economic activity at all times, including during economic downturns and as inventory grows. The
Logname: 25PID18ESTABLISHTOURISMPID Page I of
proposed Tourism PID projects include incentives and sales efforts, convention and sports marketing and
promotion, site visits and familiarization tours, community arts grants, convention services, event funding
application, operations, research, and administration, all of which benefit the hotels within the Tourism
PID.
The proposed boundaries include noncontiguous areas authorized under the Act consisting only of hotel
properties with 100 or more rooms ordinarily used for sleeping within the City. The proposed assessment
rate would be two percent of the consideration paid for occupancy of any sleeping room furnished by a
hotel located within the Tourism PID, with such assessment to be collected in the same manner an in
accordance with the same procedures as those established for coilection of the City's Hotel Occupancy
Tax, as set forth in Chapter 32, Article 11 of the City Code, as amended. The entire costs of each
improvement and service will be paid from the above -stated assessments and no City funds will be used
to pay any portion of such costs, unless such funding is approved by the City Council on a case -by -case
basis.
The total estimated costs for the proposed services and improvements for the life of the Tourism PID
(approximately 10 years) will be $57,036,809, which includes an estimated cost of $3,469,985.00 for the
2017-2018 fiscal year, a 40% increase for the 2018-2019 fiscal year and a year -over -year increase of five
percent (5 percent) for the remaining eight -year term. Assessments will begin on January 1, 2018.
The City intends to enter into a management Agreement with a to -be -named non-profit corporation
associated with the Fort Worth Convention and Visitors Bureau Fort Worth Tourism Public Improvement
District Corporation) to manage the day-to-day affairs of the Tourism PID, which contract will be
addressed in a separate, but related, M&C authorizing the assessment.
Staff recommends that the City Council find that these improvements and services are advisable because
they will promote the interests of the City and confer a special benefit on the assessed properties within
the Tourism PID.
Upon the close of the public hearing, staff recommends that the City Council declare the petition to create
the Tourism PID to be sufficient and adopt the attached Resolution making findings concerning the
fallowing and establishing the Tourism PID:
• The advisability of establishing the proposed Tourism Pik;
• The general nature of the proposed improvements and services;
• The estimated costs of the proposed improvements and services;
• The boundaries of the Tourism PID;
• The proposed method of assessment; and
• The apportionment of costs between the Tourism PID and the City, as whole.
Upon adoption of the Resolution, the Tourism PID will become effective on the date that City Council's
authorization to establish the Tourism PID has been published in a newspaper of general circulation and
will remain in effect until the earlier of 10 years from the effective date of the Tourism PID or September
30, 2027.
The proposed Tourism PID encompasses ALL COUNCIL ❑fSTRICTS.
This M&C does not request approval of a contract with a business entity,
FISCAL INFORMATION 1 CERTIFICATION:
The Director of Finance certifies that approval of the above recommendations will establish the City's 18th
Public Improvement District,
FUND IDENTIFIERS FIDs :
Lognaim-. 25PIDISESTABLIS11TOURISMPID Page 2 of
and Department rccoun Project
ID I ID
Fund Department ccoun Projec
ID ID
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Budget Reference #
I Year [Chartfield 21
Program ctivity Budget Reference #
Year (Chartfleld 2]
Susan Alanis (8180)
Kirk Slaughter (2501)
Kirk Slaughter (2501)
L❑gname: 25PID18ESTABLISHTOURISMPID Page 3 of 3
Petition Requesting the Establishment of the
FORT WORTH
TOURISM PUBLIC IMPROVEMENT DISTRICT
PETITION REQUESTING THE ESTABLISHMENT OF THE
FORT WORTH TOURISM PUBLIC IMPROVEMENT DISTRICT
ARTICLE i - REQUEST TO ESTi AI3LISH DISTRICT
This petition (the "Petition") is submitted to the City of Fort Worth, Texas (the "City") by
the Property Owners listed on and signing Exhibit A (the "Petitioner"} requesting the
establishment of a public improvement District (the "District") that would be known as
The Fort Worth Tourism Public Improvement District.
2. This Petition is submitted under the authority of Chapter 372 of the Texas Local
Government Code (the "Code') and pursuant to the "Policy Statement - Public
Improvement Districts -- City of Fort Worth" adopted February 3, 2009 by the City
Council of the City, as amended.
This Petition, is submitted with the understanding that the City and the Petitioner will
mutually agree upon the form and content of the resolution establishing the District. If the
City and the Petitioner are tenable to agree upon the form and content of the resolution, or
if the City Council does not adopt the resolution as agreed, the Petitioner shall be deemed
to have withdrawn this Petition prior to any action having been taken by the City Council
to establish the District. Linder -no circumstances shall the City Council have the
authority to establish the District unless the form and content of the resolution have been
approved by the Petitioner. The Petitioner further reserves the right to withdraw this
petition at any time and for any reason by giving written notice of withdraw (including
notice by FAX, e-mail or hand delivery) to the City Secretary of the City at any time
before the City Council votes to establish the District (regardless of whether the City
Council may have opened a public hearing to consider the advisability of establishing the
District).
4. The establishment of the District pursuant to this Petition will promote the interests of the
City, will confer a special benefit on all property within the District, and will promote the
interest of the City, the District and all property within the District.
ARTICLE II - LEGAL SUFFICIENCY OF THE PETITION
This petition is legally sufficient under the Code to establish the District because it has been
signed: (1) by the record owners of taxable real properly representing xx.xx% of the appraised
value of taxable real property liable for assessment under this petition, as determined by the
current roil of the Tarrant Appraisal District; and (2) by the record owners of taxable real
property liable for assessment under this Petition who own taxable property that constitutes
xx.xx% of the area of all taxable real property that is liable for assessment under this Petition, as
determined by the current roll of the Tarrant Appraisal District. A copy of the current roll of the
Tarrant County Appraisal District (with original signatures of each property shown next to each
(2)
parcel within the boundaries of the proposed District that is liable for assessment) is provided as
Exhibit A.
ARTICLE III - GENERAL NATURE OF PROPOSED DISTRICT SERVICES
The purpose of the District is to enhance services, undertake certain improvements, in particular,
special supplemental services relating to District marketing, business recruitment, and
promotional activities authorized by the Act for improvement and promotion of the district,
including the provision of incentives by the to -be -formed Fort Worth. Tourism Public
Improvement District Corporation (the "FWTPIDC") through the Fort Worth Convention and
Visitors Bureau (the "FWCVS") to organizations to encourage them to bring their large and city
wide meetings to Fort Worth and to fund marketing by the to -be -farmed FWTPLDC through the
FWCVB to increase hotel stays within the City, including but not limited to the services set forth
on Exhibit `B", In addition to the services set forth in Exhibit "B" the Petitioner requests that
the District be authorized to engage in any activity permitted under the Code, subject to annual
approval by the City Council. The FWTPIDC will recommend each year, to both property
owners within the District and to the City Council, an annual plan of service and budget setting
forth in detail the services and other activities proposed for the District.
ARTICLE IV — ESTIMATED COST OF DISTRICT SERVICES
I _ During a proposed ten (10) year period, the estimated annual cost of improvements and
services provided by the District are estimated to range from million to million
dollars ($x,000,000 to Sx,000,000) annually; however, in no event shall the assessment
rate exceed two percent of the price paid to hotels for a room in a hotel. The District shall
not incur bonded indebtedness. See the attached preliminary ten (10) year budget for
total estimated collections. The service plan budget and assessment rate are subject to
annual review by the to -be -formed FWTPIDC and are subject to an annual public hearing
and approval by the Fort Worth City Council.
2. An itemized estimate of the District's budget for the first ten years together with a ten-
year service plan summary for the District are set fortb in Exhibit "C".
3. The Petitioner acknowledges and agrees that each annual plan of service and budget for
the District, although prepared and recommended by the FWTPIDC, will be subject to
approval by the City Council after a public hearing. The Petitioner acknowledges and
agrees that each annual plan of service and budget will hilly fund all costs incurred by the
City in connection with the administration of the District, including but not limited to, the
costs for personnel, data services, appraisals, notifications, and collection fees.
4. AIL funds of the District will be managed in accordance with accounting methods
approved by the City.
(3)
ARTICLE V — ANNUAL PLAN OF SERVICE AND BUDGET
REVIEW PROCESS
Each year beginning xxxxxxx 1, 20I7, the District's Manager (FWTPIDC}—through the
FWCVB�--will prepare and recommend to the City Council an annual plan of service and budget
and an updated ten-year plan of service and budget_ Prior to presenting each annual plan and
budget to the City Council, the FWTPIDC will conduct at least one annual public hearing open
to all property owners within the District at which time the proposed plan and budget including
any comments from the Board will be presented and property owners within the District will be
given an opportunity for public comment. The City PID Administrator will give individual,
written notice to each property owner not less than 15 days before the date of each public
hearing, which notice will be accompanied by an outline of the proposed annual plan and budget,
or revisions thereto, as the case may be. This public hearing is in addition to the ,public hearing
-that will be held by the City Council as required by the Code before approving and adopting an
annual plan of service and budget for the District.
ARTICLE VI — BOUNDAMES OF THE PROPOSED DISTRICT
The proposed boundaries of the District are shown on the map attached as Exhibit D and shall
solely include anon -contiguous hotel properties with 100 or more rooms within the City of Fort
Worth as shown in the attached Exhibit A.
ARTICLE VII — PROPOSED METHOD OF ASSESSMENT
The proposed method of assessment, which may specify included or excluded classes of
assessable property, is based on the sale of hotel nights by the hotels with 100 or more roams
that are located within the District as determined by the Fort Worth City Controller. The annual
assessment rate for all hotel properties with 100 or more rooms within the district shall not
exceed two percent of the price paid to hotels for a room in a hotel, which reflects the special
benefits accruing to the property because of the services and improvements provided by the
District.
ARTICLE VHI — PROPOSED APPORTIONMENT OF COSTS BETWEEN THE
DISTRICT AND THE CM
Except as provided in this Article III, all costs of the District will be apportioned to the District.
ARTICLE IX — MANAGEMENT OF THE DISTRICT
The District will be managed by the FWIPIDC (the "Manager") through the FWCVB under
professional services contract with the City in the form attached as Exhibit E. Management fees
and other management expenses will be included in the District's annual plan of service and
(4)
budget approved by the City Council. The District Manager will carry general liability insurance
with limits of at least $1,000,000.00 per occurrence and naming the city as an additional insured.
Upon request by the City, the District Manager will provide certificates of insurance evidencing
such coverage. The District Manager will indemnify the City against injury, damages and losses
resulting from the acts or omissions of the District Manager and those for whom the Manager is
responsible.
ARTICLE X — DISSOLUTION OF THE DISTRICT
The District will be deemed established immediately upon publication in a newspaper of general
circulation in the City of a resolution duly adopted by the City Council authorizing the District
and the District shall continue thereafter until dissolved or reestablished as provided by the Code.
ARTICLE XI — ESTABLISHMENT OF THE DISTRICT DUES NOT OBLIGATE THE
CITY
Except as provided for under a professional services contract in this Article IX, the Petitioner
agrees that the establishment of the District does not obligate the City to fund or perform any
District services, even if the District is dissolved.
ARTICLE XII — SALES-DISCLOSURF,S
All sales by the Petitioner of property within the District will disclose in the Deed that the
property is located in the District and the City is not obligated to fund or perform and District
services, even if the District is terminated.
ARTICLE XIII — APPLICATION FEE
The Petitioner agrees to pay to the City an application fee of $17,000.00 to cover the cost of the
City in evaluating this Petition and in verifying the signatures contained in this Petition. Any
unexpended portion of the fee shall be reimbursed to the Petitioner when the evaluation and
verification is complete.
ARTICLE XIV — BENEFIT OF THE DISTRICT
As a result of the purpose and services described in this Article Ill, as well as listed in further
retail in this Exhibitthe proposed ❑istrict will benefit all property owners within the District
by resulting increased hotel room sales.
(5)
LIST OF EXHIBICTS
Exhibit A Proposed District — 2016 Tarrant Appraisal District Roll with Owners' Signatures
Exhibit B Sununary of Initial District Services
Exhibit C Feasibility Study and initial Service Plan & Budget
Exhibit D Map of Proposed District
Exhibit E Form of District Management Contract
(6)
Exhibit A
Proposed District — 2016 TAD Roll with Owners' Signatures
m
Exhibit B
Summary of Initial District Services
Administration
• Overall management and administration of the Fort Worth Tourism Public Improvement
District (FWTPID).
• FWCVB staff will serve as District manager and work with FWTPIDC board of directors
to ensure the benefits of the FWTPID are realized.
• Provide FWTPID service plan/budget to City of Fort Worth annually or as required,
* Maintain accurate accounting of use of revenues and disbursement of FWTPID funds and
provide financial statements to the TPID board of directors and City as required.
Produce an annual FWTPIDC audit and provide appropriate insurance for board of
directors,
■ Work with FWTPIDC board of directors to produce quarterly board reports.
+ Participate in meetings with City of Fort Worth departments to coordinate FWTPID
activities.
Maintain a full and accurate accounting of revenues and disbursements of FWTPID funds
and provide financial statements to proper entities as required.
• Provide primary oversight of FWTPID funds for disbursement for Sales, Marketing and
Administrative initiatives (as noted in the FWTPID Service Plan).
Procure market research and trends analyses to determine the best and judicious
application of FWTPID fiends for sales and marketing efforts.
• Notify new hotel property owners of FWTPID assessment as required.
+ Schedule annual town bull meeting for FWTPID hotels (or more frequently if deemed
appropriate).
■ Develop guidelines for individual hotel use of FWTPID funds to incentivize convention
group business (exclusive of hotel's participation in citywide incentivized business).
+ Expand tourism research measuring the impact of marketing efforts on client and
consumer awareness of Fort Worth as a destination and allowing customization of efforts
to ensure high ROI from all such initiatives,
Expand research opportunities including staff as deemed appropriate by the FWTPID
board of directors and FWCVB. Provide access to hotel benefited programs as deemed
appropriate by FWTPID board and FWCVB designated staff.
Marketing and Promotions
• Create a formal marketing plan with an agency of record.
+ Expand advertising campaign focused on brand identification and awareness.
• Expand market reach based on research and analyses.
(8)
■ Distribute regular communications to partners, visitors and stakeholders.
■ Coordinate/partner with other businesses and organizations to maximize marketing
budget.
• Develop collateral marketing material as needed to market Fort Worth (including digital).
• Develop media familiarization tour(s) as deemed appropriate.
Sales
• Increase the FWCVB sales staff participation at key trade shows and events to further
increase targeted hotel business opportunities.
• Utilize 1~ WTPID funds to incentivize and retain citywide meetings at the Fort Worth
Convention center, sporting events and single property events based on established RDI
criteria.
• Ensure a 10:1 ROI requirement for every dollar provided in FWTPID funding (based on
room night revenue).
■ Increase Fort Worth team presence at key trades show missions,
• Host meeting, convention and leisure group organizers on scheduled familiarization
(FAM) tours to showcase Fort Worth's assets and community spirit as a means of
attracting future business.
• Provide focused marketing to ensure that Fort Worth receives the appropriate market
share of third party and independent group leads.
(9)
Exhibit C
Feasibility Study and Initial Service Plan & Budget
Feasibility Study
(NEED TO INSERT FEASIBILITY STUDY HERE)
Initial Service Plan & Budget
(NEED TO INSERT APPROPRIATE VALUES IN THE BELOW TABLE)
Petition
Categories
Allocation
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
Incentives &
42.5%
$
$
$
$
$
$
$
$
$
$
Sales Efforts
Marketing/
35.0%
$
$
$
$
$
$
$
$
$
$
Promotion/
Advertising
site visits &
10.0%
$
$
$
$
$
S
$
$
$
$
FAM Tours
Event Funding
7.5%
$
$
$
$
$
$
$
$
$
$
Application
Pool
Operations/
5.0%
$
$
$
$
$
$
$
$
$
$
Research/
Administration
100% js
$
$
is
is
is
I $
$
$
$
*Note: Expenditures are limited to actual collections, which cannot exceed the 2% fee on each occupied room as
defined in the District's petition.
(10)
Exhibit D
Map of Proposed District
(Need to insert map of the District here)
Exhibit E
Form of District Management Contract
STATE OF TEXAS §
COUNTY OF TARRANT §
CONTRACT FOR THE FORT WORTH TOURISM PUBLIC IMPROVEMENT
DISTRICT
This contract for the collection of assessments and provision of services and
improvements for the Fort Worth Tourism Public Improvement District (the "Contract")
effective as of xxxxxxx 1, 2017, is made by and between the Fort Worth Tourism Public
Improvement District Corporation, Inc. ("FWTPIDC"), a Texas nonprofit corporation, and the
City of Fort Worth, Texas (the "Citx"), a Texas municipal corporation,
RECITALS:
WHEREAS, on xxxxxxx xx, 20Ix, the City Council, passed Resolution No. xx-xxx that made
certain findings concerning the advisability of establishing the Fort Worth
Tourism Public Improvement District (the "District"), authorized and created the
District as a public improvement district under Chapter 372 of the Texas Local
Government Code,. designated the FWTPIDC as the entity responsible for the
management of and provision of services and improvements to the District,
authorized the City Manager to enter into a contract with FWTPIDC for the
provision of services and improvements for the District and collection services by
the City for the District, and approved the initial District service place, attached
hereto as Exhibit A (the "Service Plan"); and
WHEREAS, FWTPIDC shall be the primary entity responsible for the management of and
provision of services and improvements to the District; and
WHEREAS, the Board of Directors of FWTPIDC has passed a resolution authorizing it to
enter into this Contract and authorizing to sign on
behalf of FWTPIDC to bind the corporation under this Contract; and
WHEREAS, the City and FWTPIDC now desire to enter into this Contract for the collection of
the assessments and the management of and provision of services and
improvements to the District; and
WHEREAS, the services to be supplied to the District provide special benefits to the property
owners within the District and are supplemental to standard City services; NOW,
THEREFORE,
(12)
In consideration of the premises and for other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, FWTPIDC and the City agree as
follows:
1. Engagement and Compensation. The City hereby engages FWTPIDC and FWTPIDC
agrees to provide in accordance with the provisions of this Contract and Resolution No.
xx-xxx the services and improvements described in the Service Plan and .future annual
service plans to be approved by the City Council. The compensation to be paid for the
administration of the program items shall not exceed the amount established for
"Administration" by each annually approved service plan (as same may be later modified
pursuant to Section 2.(a) of this Contract),
Scope of Services. Throughout the duration of this Contract, FWTPIDC shall provide
the services and improvements as described in the Service Plan and thereafter approved
annually by the City Council. In providing these services and improvements, FWTPIDC
shall:
(a) timely deliver the services and improvements in' accordance with the annually
approved service plan, subject to FWTPIDC's ability to modify or substitute
items without City Council approval within the program categories if FWTPIDC
determines that such changes would serve the common interest of owners in the
District and the increase or decrease in the amount of a program category does not
exceed ten ,percent (1 d%) of the budgeted amount for that category (the Service
Plan and each such annually approved service plan as same may thereafter be
increased or decreased shall be hereafter referred to as the "Service Plan-). The
FWTPIDC's administrative expenses shall not exceed ten percent (10%) of the
total budget in any year unless approved by City Council._ "Bpg[prn cate�o; Es"
in the Service Plana include marketing and incentive activities and other services
as provided in the Service Plan;
(b) only use District assessment funds received to defray expenditures which are: (i)
specifically listed in the Service Plan (except as modified pursuant to subsection
(a) above) or reasonably incurred in the creation and organization of the
FWTPIDC, and (ii) incurred after xxxxxxxx, 2017, unless specific authorization.
from the City's City Manager to the contrary is received (hereinafter called
"allowable costs');
(c) support all costs defrayed from District assessment funds by properly executed
checks, orders, payrolls, time records, invoices, contracts, vouchers, or other
accounting documents evidencing in detail the nature and propriety of the
charges. Such documentation shall be clearly identified, readily accessible and, to
the extent possible, kept separate and apart from all other such documents;
(13)
(d) set priorities and schedules for implementing the service plan elements,
considering the needs and preferences of owners in the District and the
availability of personnel and financial resources;
(e) if necessary, secure and retain the services of qualified personnel to implement
the service plan and provide communication equipment and office supplies;
(f) prepare a timely annual update of the Service Plan for the District to be presented
to the City Council for review and approval. The plan must include a budget, an
assessment plan and an updated ten-year plan for services and improvements;
(g) prepare and deliver to the City quarterly reports of financial revenues and
expenditures for work activities within the District and any budget revisions
within forty-five (45) days of the end of each fiscal quarter;
(h) prepare and deliver to the City joint quarterly progress reports of the FWTPIDC's
efforts to implement the Service Plan within forty-five (45) days of the end of
each fiscal quarter;
(i) commission an annual financial audit of all PID expenditures by a Certified
Public Accountant and make the audit available to the City within one hundred
twenty (120) days of the end of the fiscal year;
[j} allow reasonable access by the City to the financial records of FWTPIDC that
relate to the District;
(k) enter into contracts with exempt jurisdictions for the payment of assessments or
the provision of services or improvements to the District;
(1) prepare and deliver to the City quarterly/annual financial reports in a timely
manner as listed in Exhibit B; and
(m) take other actions reasonably necessary for the management of the District and the
provision of the services and improvements to the District.
3. Collection and Distribution of Assessments, The City shall collect the annual
assessments for the District along with the other local hotel occupancy taxes paid by
hotels within the District. Funds shall be accounted for and distributed as provided
below.
(a) The City shall retain a collection service fee commensurate with its anticipated
actual or allocated share of the costs for collection of the assessments (including
collecting delinquent accounts). The collection service fee will be deducted from
the total assessments collected each month. The net assessments received will be
transferred to the FWTPIDC on a monthly basis. Delinquent assessments
collected after the District has been dissolved shall be retained by the City for
payment of any prior commitments made by the District, but the retention of sueb
assessments shaft be subject to utilization by the tax collector to repay any hotel
that is legally entitled to a refund of all or a portion of an assessment and any
interest required by law to be paid.
(b) For its services in creating the District, the City shall also retain a one-time fee of
$17,000. This fee will cover the costs of the District creation (or) renewal by City
stag. If the City's costs for this process are less than $17,000, the remainder will
be reimbursed to the District entity. The application fee ($17,000) will not be
counted as part of the 10% maximum limit for administrative expenses in a
District budget.
(c) The City will also assess the FWTPIDC for annual expenses related to oversight
of District operations. This fee shall include staff time and expenses related to the
District assessment collection, costs for publication of legal notice regarding
District items, mailirig expenses and staff time required for District oversight
(attending District meetings, reviewing reports and audit, preparing tax rolls and
City Council documents), This fee will not be counted as part of the 101/6
maximum allocation for administrative expenses in a District budget. The District
assessment collection process is explained in Exhibit C.
(d) The remaining assessments after the collection service fees and City staff
administrative fees have been deducted, including any interest for late payments,
shall be transferred on a monthly basis to an account of the FWTPIDC by
Automated Clearing House, wire transfer or other means mutually agreed to by
the City and the FWTPIDC.
(e) Pursuant to Section 2.(n) above, the City hereby expressly acknowledges that
FWTPIDC is contracting with the Fort Worth Convention and Visitors Bureau
(FWCVB) to implement the funded activities of the District, more specifically; to
enhance services, undertake certain improvements, in particular, special
supplemental services relating to District marketing, business recruitment, and
promotional activities for improvement and promotion of the District, including
the provision of incentives to organizations to encourage them to bring their large
and city wide meetings to Fort Worth and to fund marketing to increase hotel
stays within the city. A copy of the FWTPIDCIFWCVB contract is included as
Exhibit D.
(f) The City shall provide FWTPIDC with printed reports or diskettes of the
assessment roll.
(g) If necessary, FWTPIDC shall make available to the tax collector sufficient fluids
to repay any taxpayer who is legally entitled to a refrxnd of all or a portion of an
assessment and any interest required by law to be paid. City shall make a good
faith effort to notify FWTPIDC of such potential situations (including, but not
(1!5)
limited to, lawsuits and assessment protests) so that FWTPIDC is able to set aside
a sufficient reserve to cover any such refunds and interests.
(h) FWTPIDC will invest the District assessments received from the City and any
income earned on those assessments in accordance with the investment policies
and strategies prescribed in Chapter 2256 of the Texas Government Code to
achieve the following investment objectives, in order of priority: (1)
understanding of the suitability of the investment to the financial requirements of
the entity; (2) preservation and safety of principal; (3) liquidity; (4) marketability
of the investment if the need arises to liquidate the investment before maturity; (5)
diversification of the investment portfolio; and (6) yield. The assessments and
any interest or other income earned on such public funds shaU be used by
FWTPIDC to fund services and improvements listed in the Service Plan annually
approved by the City Council. The FWTPIDC must receive City Manager
approval of any contracts by the FWTPIDC which conunit FWTPID funds
beyond the ten year term of the FWTPID. Further, upon expiration of the
FWTPID, any unexpended assessment revenues shall be transferred to the City
along with a schedule of any contractually committed expenses for such funds
into the future, The City shall transfer those funds back to the FWTPIDC if the
FWTPID is reapproved for another term by the petitioners and City Council and
this Contract is modified to extend the term or a new contract is executed between
the City and the FWTPIDC for the provision of services and improvements for
the FWTPID.
4, Conflict of Interest. By signing this Contract, the FWTPIDC acknowledges to the CITY
that it has trade full disclosure in writing of any existing conflicts of interest or potential
conflicts of interest, including personal financial interest, direct or indirect, in property
and business relationships that relate to the duties of the FWTPIDC. The FWTPIDC
further agrees that it shall make disclosure in writing of any conflicts of interest which
develop subsequent to the signing of this Contract and prior to its termination.
5- Discrimination Prohibited. FWTPIDC, the execution, performance, or attempt
performance of the Agreement, will not discriminate against any person or persons
because of sex, race, religion, color, national origin, sexual orientation, or familial status.
nor will F'WTPIUC permit its officers, agents, employees or subcontractors to engage in
such discrimination. This Agreement is made and entered into with reference specifically
to the ordinances codified at Chapter 17, Article III, Division 3 of the Code of the City of
Fort Worth and FWTPIDC hereby covenants and agrees that FWTPIDC, its .officers,
agents, employees and subcontractors, have fully complied with all provisions of same
and that no employee or applicant for employment has been discriminated against under
the temis of such ordinances by either FWTPIDC, its officers, agents, employees, or
subcontractors.
Gift to Public Servant. City may terminate this Contract immediately if FWTPIDC has
offered or agreed to confer any benefit upon a City employee or offieW that the City
employee or official is prohibited by law from accepting,
(16)
For purposes of this section, "'benefit" means anything reasonably regarded as pecuniary
gain or pecuniary advantage, including benefit to any other person in whose welfare the
beneficiary has a direct or substantial interest, but does not include a contribution or
expenditure made and reported in accordance with law.
Notwithstanding any other legal remedies, City may require FWTPIDC to remove any
employee of FWTPIDC from any work related to the District who has violated the
restrictions of this section or any similar state or federal law, and obtain reimbursement
for any expenditures made as a result of the improper offer, agreement to confer, or
conferring of a benefit to a City employee or official.
6. Offset. City may, at its option, offset any amounts due and payable under this Contract
against any debt (including taxes) lawfully due to City from FWi?IDC, regardless of
whether the amount due arises pursuant to the terms of this Contract or otherwise and
regardless of whether or not the debt due to City has been reduced to judgment by a
court.
No Partnership or Joint Venture. It is specifically understood that the relationship
described in this Contract between FWTPIDC and the City is contractual in nature and is
not to be construed to create an agency, partnership or joint venture relationship between
FWTPIDC and the City; nor shall the City be liable for any debts incurred by the
FWTPIDC in the conduct of such other party's business or function.
8. Independent Contractor. FWTPIDC's status shall be that of an independent contractor
and not an agent, servant, employee, or representative of City in the performance of
services under this Contract. FWTPIDC shall exercise independent judgment in
performing dirties under this Contract and is solely responsible for setting working hours,
scheduling or prioritizing the work flow and determining how the work is to be
performed. No term or provision of this Contract or act of FWTPIDC in the performance
of this Contract shall be construed as making FViTPIDC the agent, servant or employee
of City, or making FWTPIDC or any of its employees eligible for the fringe benefzts,
such as retirement, insurance and worker's compensation, which City provides its
employees.
9. Assignment. FWTPIDC shall not sell, assign, transfer or convey this Contract, in whole
or in part, without the prior written consent of City's City Manager, As an express
condition of consent to any assignment, FWTPIDC shall remain liable for completion of
the Contract work in the event of default by the successor contractor or assignee.
10. Insurance.
(a) The FWTPIDC shall, at its own expense, maintain in full force and effect
throughout the term of this Contract insurance as set forth below:
(17)
Comprehensive General Liability insurance; FWTPIDC shall maintain
throughout the Tenn of this Agreement a commercial general liability
insurance policy in an amount of not less than $1,000,000 covering each
occurrence with an aggregate limit of not less than $2,000,000.
2. Automobile Insurance — BcKWy InJM and Prgntrtj Dam e: FWTPIDC
shall maintain throughout the Term of this Agreement comprehensive
automotive liability coverage in an amount not less than $1,000,000 for
each accident. This policy shall cover any automobile used in the
provision of Improvements and Services under this agreement.
3. Wod-er's Compensation Insurance: WTPIDC shall maintain throughout
the Term of this Agreement statutory Worker's Compensation Insurance
on all its employees to be engaged in undertaking any Improvements or
Services hereurider. In case any class of employees engaged in hazardous
work under this Agreement is not protected under the state's Worker
Compensation statutes, FWTPIDC shall provide adequate employer's
general liability insurance for the protection of such employees not so
protected.
(b) Other Requirements:
I. The City shall be natned as an additional insured and a waiver of
subrogation in favor of the City shall be provided on every applicable
insurance policy. The FWTPIDC hereby waives subrogation rights for
loss or damage to the extent same are covered by insurance. Insurers shall
have no right of recovery or subrogation against the City.
2. The term "CITY" shall include all authorities, boards, bureaus,
commissions, divisions, departments and offices of the City, and the
individual members, employees and agents in their official capacities.
3. Insurance shall be provided through companies duly approved to transact
that class of insurance in the State of Texas. Companies providing
coverage shall have a minimum A.M. Best rating of A VII.
4. Certificates of insurance shall be provided to the City's PID
Administrator. Thirty (30) days written notices is required before any
insurance is altered, cancelled, or non -renewed.
City of Fort Worth
Attn: PID Administrator
Housing & Economic Dev Dept.
1000 Tbrockmorton Street
Fort Worth, Texas 76102-6311
(18)
CITY SHALL HAVE NO DUTY TO EXECUTE OR PERFORM UNDER THIS
CONTRACT UNTIL THE CERTIFICATE AND SUFFICIENT EVIDENCE OF
CONFORMITY TO CITY'S INSURANCE REQUIREMENTS SHALL HAVE
BEEN DELIVERED AND APPROVED BY RISK, AND NO CITY OFFICER OR
EMPLOYEE SHALL HAVE AUTHORITY TO WAIVE THIS REQUIREMENT.
11. Indemnity. FWTPIDC AGREES TO INDEMNIFY AND HOLD HARMLESS THE
CITY, ITS OFFICERS, AGENTS AND EMPLOYEES, AGAINST ANY AND ALL
CLAIMS, LAWSUITS, JUDGMENTS, COSTS AND EXPENSES FOR
PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR
OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT,
SUFFERED BY ANY PERSON OR PERSONS THAT MAY ARISE OUT OF OR
BE OCCASIONED BY FWTPIDC'S BREACH OF ANY OF THE TERMS OR
PROVISIONS OF THIS CONTRACT, OR BY ANY NEGLIGENT ACT OR
OMISSION OF FWTPIDC, ITS OFFICERS, DIRECTORS, AGENTS,
ASSOCIATES, EMPLOYEES, SUB -CONSULTANTS OR CONTRACTORS, IN
THE PERFORMANCE OF THIS CONTRACT; EXCEPT THAT THE
INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO
ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF CITY, ITS
OFFICERS, AGENTS, EMPLOYEES OR SEPARATE CONTRACTORS AND IN
THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH
FWTPIDC AND THE CITY, RESPONSIBILITY AND INDEMNITY, IF ANY,
SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH
THE LAWS OF THE STATE OF TEXAS, WITHOUT, HOWEVER, WAIVING
ANY GOVERNMENTAL IMMUNITY AVAILABLE TO THE CITY UNDER
TEXAS LAW. THE PROVISIONS OF TIRS PARAGRAPH ARE SOLELY FOR
THE BENEFIT OF THE PARTIES HERETO AND THEIR RESPECTIVE
OFFICERS, DIRECTORS, AGENTS, ASSOCIATES, EMPLOYEES, SUB -
CONSULTANTS OR CONTRACTORS IN CONNECTION WITH THE
PERFORMANCE OR CONDUCT OF THE SERVICES RELATED TO,
CONTEMPLATED BY OR ARISING AS A RESULT OF THE SERVICE PLAN,
AND ARE NOT INTENDED TO CREATE OR GRANT ANY RIGHTS,
CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY.
12. Rights, Remedies and 'Termination. Both parties are executing this Contract in good
faith and with the intent that all provisions contained herein sbatl be met in accordance
with their terms. In the event of a breach or violation of its terms by either party to this
Contract, then the party in compliance may exercise whatever rights and remedies may be
available or afforded to such party at law or in equity. In addition to any other remedies
available, the City may terminate this Contract if FW'TPIDC violates any part of this
Contract and FWTPfDC fails to reasonably cure the violation of this Contract within
thirty (30) days of receipt of written notice to FWTPIDC by the City of a violation of this
Contract by certified mail.
In addition to any other remedies available, the City may terminate IMS contract upon
thirty (30) days written notice to FWTPIDC if City Council fails to approve an annual
(19)
Service Plan for the District. All services being performed under this Contract shall
cease upon the date specified in such notice.
In addition to termination, the City shall recover those portions of assessment funds,
including interest or other income earned on such public funds that were not spent on
allowable costs per the Service Plan, plus any other damages suffered by the City as a
result of FWTPIDC's violation of the terms and conditions of this Contract. FWTPIDC
may invoice City for all services they respectively completed and shall be compensated
in accordance with the terms of this Contract with special assessments for all services
performed by FWTPIDC prior to the date specified in such notice. A previous payment
or approval of payment of all or any portion of assessment funds by City shall not be
deemed a waiver of the City's rights under this section. Any express waiver by the City
of a violation by FWTPIDC shall not be deemed to waive any subsequent violation by
FWTPIDC.
13, Notice. Except as otherwise provided in Section G, any notice, payment, statement, or
demand required or permitted to be given under this Contract by either party to the other
may be effected by personal delivery in writing or by mail, postage prepaid. Mailed
notices shall be addressed to the parties at the addresses appearing below, but each party
may change its address by written notice in accordance with this section. Mailed notices
shall be deemed communicated as of three (3) days after mailing:
If to the City:
City of Fort Worth
Attn: PID Administrator
Housing & Economic Dev Dept.
1000 Throckmorton Street
Fort Worth, Texas 76102-6311
if to FWTPIDC:
or Current FWTPIDC Chair
or (if is no longer Chair)
Fort Worth Tourism Public Improvement District Corporation (FWTPIDC)
Fort Worth, Texas
14. Right of Review and Audit. City is granted the right to audit, at City's election, all
FWTPIDC records and billings relating to the performance of this Contract, FWTPIDC
agrees to retain such records for a minimum of three (3) years following completion of
this Contract. Any payment, settlement, satisfaction, or release provided under this
Contract shall be subject to City's rights as may be disclosed by such audit.
15. Captions, The captions, headings, and arrangements used in this Contract are for
convenience only and shall not in any way affect, Emit amplify, or modify its terms and
provisions.
(20)
16. Compliance with Laws and Regulations. This Contract is entered into subject to and
controlled by the Charter and ordinances of the City of Fort Worth and all applicable
laws, rules, and regulations of the State of Texas and the Government of the United
States of America. FWTPMC shall, during the course of performance of this Contract,
comply with all applicable City codes and ordinances, as amended, and all applicable
state and federal laws, rules and regulations, as amended,
17. Venue. The obligations of the parties to this Contract shall be performable in Tarrant
County, Texas, and if legal action is necessary in connection with or to enforce rights
under this Contract, exclusive venue shall lie in Tarrant County, Texas.
18. Governing Law. This Contract shall be governed by and construed in accordance with
the laws and court decisions of the State of Texas, without regard to conflict of law or
choice of law principles of Texas or of any other state.
19. Legal Construction. In case any one or more of the provisions contained in this
Contract shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other provision
of this Contract, and this Contract shall be considered as if such invalid, illegal, or
unenforceable provision had never been contained in this Contract.
20. Term. This Contract shall terminate on xxxxxxx xx, 2026, unless otherwise agreed to in
writing by the parties, if for any reason the District is dissolved before xxxxxxx xx,
2026, this Contract shall terminate upon the payment to FWT IDC for all services and
improvements provided to the District to the date of dissolution and for the reasonable
cost of services to conclude the business of the District,
21. Counterparts. This Contract may be executed in any number of counterparts, each of
which shall be deemed an original and constitute one and the same instrument. If this
Contract is executed in counterparts, then it shall became fully executed only as of the
execution of the last such counterpart called for by the terms of this Contract to be
executed.
22. Captions. The captions to the various clauses of this Contract are for informational
purposes only and shall not alter the substance of the terms and conditions of this
Contract.
23. Successors and Assigns. This Contract shall be binding upon and inure to the benefit of
the parties and their respective successors and, except as otherwise provided in this
Contract, their assigns.
24. Entire Agreement; No Oral Modifications, This Contract (with all referenced exhibits,
attachments, and provisions incorporated by reference) embodies the entire agreement of
the City with both parties, superseding all oral or written previous and contemporary
agreements between the parties relating to matters set forth in this Contract. Except as
(21)
otherwise provided elsewhere in this Contract, this Contract cannot be modified without
written supplemental agreement executed by both parties.
EXECUTED and effective as of the _ day of 2016, by City, signing by and
through its City Manager, duly authorized to execute same by Resolution No. _-
approved by the City Council on 2016, and by FWTPIDC, acting through its
authorized official.
APPROVED AS TO FORM:
)DOM XXXXX, City Attorney
041
CITY OF FORT WORTH, TEXAS
XXXXX XXXXX, City Manager
FORT WORTH TOURISM PUBLIC
IMPROVEMENT DISTRICT
CORPORATION, INC,,
a Texas nonprofit corporation
M
, Chairman
Attachments:
Resolution No. -_
Exhibit A -- The Initial Service flan
Exhibit B — Financial Reports
Exhibit C — Tourism PID Assessment Collection Process
Exhibit E -- FWTPIDCIFWCVB Contract for Services
(22)
THE STATE OF TEXAS
§ CITY OF FORT WORTH, TEXAS
COUNTY OF TARRANT § Ae:tnowledgment
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared xxxxx xxxxa, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed same for and
as the act and deed of the CITY OF FORT WORTH, TEXAS, a municipal corporation of the
State of Texas, Tarrant County, Texas, and as the City Manager thereof, and for the purposes and
consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of
, 20 16,
Notary Public State of Texas
My Commission Expires Notary's Printed Name
THE STATE OF TEXAS § FORT WORTH TOURISM PUBLIC IMPROVEMENT
§ DISTRICT CORPORATION, INC.
COUNTY OF TARRANT § AcknowIwdMent
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared xxxxx xxxxx, known to me or proved to me on the oath of
or thorough (description of identity
card or other document) to be the person and officer whose name is subscribed to the foregoing
instrument, and acknowledged to me that hefshe executed same for and as the act and deed of
FORT WORTH TOURISM PUBLIC IMPROVEMENT DISTRICT CORPORATION,
INC., a Texas nonprofit corporation, and as the authorized agent thereof, and for the purposes
and consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of
.2016.
Notary Public State of Texas
My Commission Expires Notary's Printed Name
(23)
Resolution No.
(24)
Exhibit A
(NEED TO INSERT APPROPRIATE VALUES IN THE BELOW TABLE)
Petition
Categories
Allocation
2017
2018
20I9
2020
2021
2022
2023
2024
2025
2026
Incentives &
42.5%
$
$
$
$
$
$
$
$
$
$
Sales Efforts
Marketing/
35.0%
$
$
$
$
$
$
$
$
$
$
Promotion/
Adverti3in
Site Visits &
10.0%
$
$
$
$
$
$
$
$
$
$
FAM Tours
Event Fending
7.5%
$
$
$
$
$
$
$
$
$
$
Application
Pool
Operations/
5.0%
$
$
$
$
$
$
$
$
$
$
Research/
Administration
1009yo
$
$
$
$
$
$
$
$
$
$
*Note: Expenditures are limited to actual collections, which cannot exceed. the 2% fee on each occupied room as
defined in the District's petition.
(25)
Exhibit B
(NEED TO INSERT APPROPRIATE DATES AND SCHEDULE IN THE BELOW TABLE)
Category
Timeline (annually)
TPIQ Management Workshop
April/May/June
1°'t Quarter financial report FY2016 (Cover Letter,
December 15, 20i6
P&L, Balance Sheet & Spending Update)
2"d Quarter financial report FY2016 (Cover Letter,
March 15, 2017
P&L, Balance Sheet & Spending Update)
3rd Quarter financial report FY2016 {Cover Letter,
June 15, 2017
P&L, Balance Sheet & Spending Update}
4° Quarter financial report FY2016 (Cover Letter,
September 15, 2017
P&L, Balance Sheet & Spending Update)
FY 2016 Annual Financial Report
September 15, 2017
FY 2016 Annual Financial Audit Report
;November 30, 2017
Reports for 2016 TPIQ Assessment (Service Plan,
Cover Letter, Ten -Year Assessment Plan & Ten Year
April 1, 2017
Budget)
(26)
Exhibit e
Tourism Public Irnprovement District (TPID) Assessment: The Fort Worth Tourism PI was created by
Resolution No: -- on xxxxxxx xx, 201x. A two percent TPID assessment was created by Resolution
No: -- on xxxxxxx xx, 201x, and applies to hotels with 100 or more rooms within the designated
TPID within the City of Fort Worth. The definitions related to hotel, occupancy, collection procedures,
remedies, etc., are applied as referred to in Fort Worth City Code and applicable state law.
TPID Fiscal Year Billing Cycle: The Fort Worth Tourism P1D will operate for ten (10) years (xxxxxxx xx,
2017 to xxxxxxx xx, 2026), The assessment rate will be approved annually by the City Council.
TPID Charges/Collection: The two percent (2%) assessment only applies to hotels that are subject to city
hotel occupancy tax at hotels with 100 or more• rooms. The TPID assessments will be remitted to and
collected by the City using the schedule and process that is in place for City hotel occupancy tax
payments. Remittances, collection and any penalties shall occur in accordance with city ordinance and
state law.
(27)
Exhibit D
FORT WORTH CONVENTION & VISITORS BUREAU (FWCVB) & FORT WORTH
TOURISM PUBLIC IMPROVEMENT DISTRICT CORPORATION (FWTPIDC)
EFFECTIVE DATE:
xxxxxxx xx, 2016
TERM OF AGREEMENT:
120 months
CONTRACT AMOUNT:
$xx xxx est.
FWCVB CONTACT:
Bob Jameson
111 W. 4h Street, Suite 200
Fort Worth TX 76102
FWCVB PHONE NUMBER:
800-433-5747
FWCVB FACSIMILE NUMBER:
xxx-xxx-xxxx
FWTPIDC CONTACT:
Xxaxxxx xxxxxxx
xxxxxxxxxxxxxxx
Fort Worth TX xxxxx
FWTPIDC PHONE NUMBER:
xxa-xxx-xxxx
FWTPIDC FACSIMILE NUMBER:
xxx-=-xxxa
This Agreement (the "Agreement") is between FORT WORTH CONVENTION &
VISITORS BUREAU ("FWCVB"), with its principal place of business at 111 W. 0 Street, Sute
200, Fort Worth, Texas and the FORT WORTH TOURISM PUBLIC IMPROVEMENT
DISTRICT CORPORATION (hereinafter "FWTPIDC"), with its principal plane of business at
Fort Worth, Texas,
Whereas the Texas Legislature has provided the authority to the City of Fort Worth to create a
Tourism Public Improvement District that is composed solely of hotels with 100 or more rooms.
Whereas the City of Fort Worth has received petitions from more than the requisite number of
properties within the proposed Tourism Public Improvement District to enable the creation of the
district.
Whereas the City of Fort Worth has held the two required public hearings on the public
improvement district and on -1 2016, has approved the creation of a Fort Worth Tourism
Public Improvement District.
Whereas a group of hoteliers have created a non-profit 501 (c) (6) entity entitled the Fort Worth
Tourism Public Improvement District Corporation (FWTPIDC) with the intention that this entity
will oversee the administration of the Fort Worth Tourism Public Improvement District.
(28)
Whereas it is the intent of the Fort Worth Tourism Public Improvement District Corporation Board
to contract with the Fort Worth Convention and Visitors Bureau to implement the funded activities
of the Fort Worth Tourism Public Improvement District.
Whereas the Fort Worth Convention and Visitors Bureau is mutually interested in working with the
Fort Worth Tourism. Public hnprovement District Corporation Board as a contracted entity to
implement the District programs under the project funding guidelines authorized by the Fort Worth
Tourism Public Improvement District Corporation Board_
Therefore, be it resolved, in consideration of the mutual covenants and conditions set forth herein
and in Exhibits and Attachments hereto, all of which are incorporated herein by reference, 1' WCVB
and FWTPIDC agree as follows:
Subject to the terms and conditions specified in Exhibits A and B hereto, FWTPIDC agrees to
contract with the FWCVB to perform the obligations specified hereto under the Scope of Work
Summary in Exhibit B with reimbursement for actual expenses and services by the FWC;VB and
other entities for implementation of the work, as provided in the Fort Worth 'Tourism Public
Improvement District Service Plan and Budget.
FORT WORTH CONVENTION &
VISITORS BUREAU
("FWCVB-)
By:
Name: Bob Jameson
Title: Chief Executive Officer (CEO)
Date:
FORT WORTH TOURISM PUBLIC
IMPROVEMENT DISTRICT
CORPORATION
("FWTPIDC")
Un
Name:
Title: Chairman.
Datc:
-(29)
EXHIBIT A
STANDARD TERMS AND CONDITIONS
IEPRESENTATIONS AND WARRANTIFS. FWCVB and FWTPIDC each warrant and
represent that (i) it has the power and authority to grant the rights and perform the obligations
to which it commits herein; (ii) the execution of the Agreement by the person representing it
will be sufficient to render the Agreement binding upon it; and (iii) neither its performance
hereunder nor the exercise by the other party of rights granted by the warranting party
hereunder will violate any applicable laws or regulations, or the legal rights of any third
parties, or the terms of any other agreement to which the warranting party is or becomes a
party. Each party is separately responsible for ensuring that its performance and grant of
rights does not constitute any such violation during the Term. No party's approval of
advertising or other copy submitted by another will relieve the other's responsibility under
this Section.
USE OF TRADE AND SERVICE MARKS. Nothing contained herein will give either
party a license or other right to use the trade or service marks of the other party except as
expressly provided for in this agreement. Any such use will require the prior written consent
of the party that owns the marks.
3. CONFIDENTIALITY. FWCVB and FWTPIDC each agree that they will not use in any
way for their own account or the account of any third party, nor will they disclose to any
third party, any confidential information revealed to thern by the other party which is
identified in writing as confidential prior to disclosure. Each party will take such reasonable
precautions to protect the confidentiality of such information as are employed to protect the
party's own confidential information of a similar nature. It is expressly understood and
agreed that all information disclosed by either party, or gained by either party in the course of
this agreement, including this agreement, whether files, records, documents, presentations,
research material, operational methods, marketing plans or strategies, electronic data, tapes,
software, drawings, manuals, guidebooks, reports, plans, proposals, customer lists, business
processes, know-how, specifications, or any other information not generally known outside
of FWCVB or FWTPIDC (collectively known as "Confidential Information",) shall be
considered confidential and shall be retained in confidence.
In furtherance of the business relationship between the parties, it is agreed as follows:
to take or cause to be taken all reasonable precautions to prevent the disclosure or
communication of Confidential Information to third parties consistent with requirements
unposed under the Texas Public Information Act;
► that this confidentiality clause shall survive the term of this or any other agreement or
understanding the parties may have with each other, and
• that either party will at no time take any action or make any statement that could discredit
the reputation of the other party.
(30)
4. TERM AND TERMINATION. The Agreement will be effective on the Effective Date and
will terminate immediately after the completion of the Tenn. In the event of expiration or
early termination of the Agreement, the terms of Section 3 above and Sections 5, 6, and 9
below wit] forever survive the termination of the Agreement. Either party may terminate the
Agreement in the event of a material default by the other party on any of its representations,
warranties, or obligations under the Agreement by the following procedure: (i) the non -
defaulting party will provide the defaulting party with written notice specifying the
particulars of the default; (1i) if the default is not cured witl-lin thirty (30) days after such
notice is given, the non -defaulting party may terminate the Agreement immediately upon
providing written notice to the defaulting party, Additionally, either party may terminate the
Agreement for any reason upon the completion of the fiscal year with sixty (60) days' written
notice to the other party prior to the fiscal year's completion. Upon provision of termination
notice by either party, and except to the extent the other party intends to timely cure its
default, both parties will engage in good faith negotiations to axi-acYge for a mutually
satisfactory end to the Agreement. In the event of any termination prior to the natural
expiration of the Term, FWCVB shall be entitled to payment for deliverables in progress to
the extent work has been performed satisfactorily.
5. INDEMNIFiCATd!'N. FWTPIDC will indemnify and hold harmless FWCVB and their
respective institutions, officers, directors, employees, franchisees, attorneys, agents,
successors and assigns from any claims, damages, liabilities, losses, government procedures,
and costs, including reasonable attorneys' fees and costs of suit, arising out of (i)
FWTPIDC's failure to comply with applicable laws and regulations, unauthorized use of
FWCVB's trademarks or negligence or willful misconduct in connection, with its
performance of the Agreement; or (ii) FWTPIDC's intentional misrepresentation or breach of
any warranty, obligation or covenant of the Agreement.
FWCVB will indemnify and hold harmless FWTPIDC and its respective institutions,
officers, directors, employees, franchisees, attorneys, agents, successors and assigns from any
claims, damages, liabilities, losses, government procedures and costs, including reasonable
attorneys' fees and costs of suit, arising from (i) FWCVB's failure to comply with applicable
laws and regulations, unauthorized use of FWTPIDC's trademarks or negligence or will u]
misconduct in connection with its performance of the Agreement; or (ii) FWCVB's
intentional misrepresentation or breach of any warranty, obligation or covenant of the
Agreement.
Except in the case of third party claims, neither party will be obligated to the other party for
indirect, special, consequential, or incidental damages.
6. DISPUTE RESOLUTION.
a. All claims, disputes or controversies between the parties under this Agreement ("Claim")
that cannot be resolved through ordinary business negotiations will be resolved, at the
election of either party, through mediation until such time as the parties mutually agree to
terminate such mediation or the mediator declares an impasse.
(31)
b. All offers, promises, conduct and statements, whether written or oral, made in the course
of negotiation, or proceedings by either party to confirm awards hereunder are
confidential, privileged, and inadmissible for any purpose, including, without limitation,
impeachment or estoppel, in any other litigation or proceeding involving any of the
parties, provided that evidence that is otherwise admissible or discoverable will not be
rendered inadmissible or non -discoverable as a result of its use in the negotiation or
arbitration.
7. RELATIONSHIP OF THE PARTIES. FWCVB and FWTPIDC are independent
contractors, and the Agreement does not create a partnership, joint venture,
employee/employer or other agency relationship between them.
8. ASSIGNMENT. The Agreement will be binding on and inure to the benefit of each of the
parties, their successors and assigns. It may not be assigned or transferred, in whole or in
part, without the written consent of the other party. Any such assignment or transfer without
consent will be void.
9. NOTICES. All notices and other communications required to be given under the Agreement
shall be in writing and shall be deemed to have been given (i) when personally delivered; or
(i i) three (3) business days after mailing, postage prepaid, by certified mail; or (iii) when
delivered (and receipted for) by an overnight delivery service, addressed in each case to the
parties at the addresses set forth on the Agreement unless a different address shall have been
designated in writing.
10. GOVERNING LAW. The Agreement will be governed by the laws of the state of Texas,
without giving effect to its conflicts of law provisions. Any failure by either of the parties to
exercise any right granted herein upon the occurrence of any contingency set forth in this
Agreement will not in any event constitute a waiver of any such right upon the exercise of any
such contingency. In case any term in this Agreement shall be held invalid, illegal or
unenforceable in whole or in part, neither the validity of the remaining part of such term nor the
validity of any other term shall be in any way affected thereby.
11, OWNERSHIP. All records, reports, documents and other material delivered or transmitted
to FWTPIDC by FWCVB shall remain the property of FWCVB, and shall, upon request, be
returned by FWTPIDC to FWCVB, at FWTPIDC's expense, at termination or expiration of
this contract. All records, reports, documents, or other material related to this contract and/or
obtained or prepared by FWTPIDC in connection with the performance of the services
contracted for herein shall become the property of FWTPIDC, and shall, upon request, be
retumed by FWCVB to FWTPIDC, at FWCVB's expense, at termination or expiration of
this contract.
12. INSPECTION AND AIIDfT. The FWTPIDC, or its authorized agents or representatives,
shall have the option of reviewing, examining, and/or auditing all accounts, records,
documents, books, and other supporting materials of FWCVB relating to this contract.
FWCVB shall provide reasonable access to such material at no charge.
(32)
13. FIUNDING. The continuation of this contract is contingent upon the approval of funds to
fulfill the requirements of the contract by the City of Fort Worth. If the City fails to approve
sufficient monies to provide for the continuation of the contract, or if such approval is
denied, the contract shall terminate pursuant to Section 4 above.
14. NONDISCRIMINATION CLAUSE, FWTPIDC and FWCVB agree not to discriminate in
their employment practices, and will render services under this contract without regard to
race, color, religion, age, sex, national origin, veteran status, political affiliation, or
disabilities. Any act of discrimination committed by FWTPIDC or FWCVB shall be grounds
for immediate termination of this contract.
15. AMENDMENTS IN WRITING. Any alteration, variation, modification, or waiver of
provisions of this contract shall be valid only when it has been reduced to writing, executed
by all parties. The effective date of this contract may be extended only if an amendment to
that effect is duly executed by the contracting parties and approved by the necessary
wthorities prior to said termination date.
16. SEVERABIL i Y. If any provision of the Contract is declared or found to be illegal,
unenforceable or void, in whole or in part, then both parties shall be relieved of all
obligations arising under such provision, but only to the extent that it is illegal, unenforceable
or void, it being the intent and agreement of the parties that the Contract shall be deemed
amended by modifying such provision to the extent necessary to make it legal and
enforceable while preserving its intent or, if that is not possible, by substitution therefore
another provision that is legal and enforceable and achieves the same objectives. Any such
invalidity, illegality, or unenforceability shalt not affect any other provision of the Contract.
The parties agree to negotiate in good faith for a proper amendment to the Contract in the
event any provision thereof is declared illegal, invalid or unenforceable.
17. ENTIRE AGREEMENT. The Agreement, and Exhibits A and B, and Attachments A, B,
C, D, and E thereto constitute the entire agreement and understanding between FWCVB and
FWTPIDC, and there are no other agreements, representatives, warranties or understandings
between FWCVB and FWTPIDC with respect to the subject matter hereof. To the extent
that any other agreement, written or verbal, appears to exist between the parties with respect
to the subject matter hereof, the Agreement supersedes any such agreement.
ffbc remainder of this page intentionally left blank}
(33)
EXRMIT B
SCOPE OF WORK for the Fort Worth Convention & Visitors Bureau (FWCVB)
on behalf of the Fort Worth Tourism Public Improvement District (FWTPID) and the Fort
Worth Tourism Public Improvement District Corporation (FWTPIDC)
Summary
The Fort Worth Convention and Visitors Bureau (FWCVB) proposes to contract with the Fort
Worth Tourism Public Improvement District Corporation (FWTPIDC). The contract will enable
the FWCVB to implement additional marketing and incentive programs to secure increased
convention, group, and other hotel activity to the City of Fort Worth. The contract will be
funded by Fort Worth Tourism Public Improvement District (FWTPID) proceeds received from
a two percent special assessment levied against all hotels with 100 or more moms within the City
of Fort Worth.
To implement this program, the Fort Worth Tourism Public Improvement District Corporation
(hereinafter referred to as FWTPIDC) Board will adopt an annual budget along with specific
ROI requirements for marketing and incentive expenditures. The FWTPIDC Board shall adopt
incentive and marketing policies and protocols under which the FWCVB can pursuant to
advance approval by the FWTPIDC Board, implement projects if the project meets the preset
criteria adopted by the FWTPIDC Board. The FWTPIDC Board may choose to provide
adjustments to the annual plan throughout the budget year that are not inconsistent with the
annual adopted FWTPID budget and service plan. The FWCVB shall expend FWTPID proceeds
only for proposals that meet the ROT standards and protocols adopted by the FWTPIDC Board of
Directors uriless a specific exception is approved by a majority of the FWTPIDC Board of
Directors.
Mission of the FWTPID: The Fort Worth Tourism Public Improvement District is a public
improvement district dedicated to improving convention and group hotel bookings and hotel
room night consumption in the City of Fort Worth.
Purpose of the Public Improvement District and the Non -Profit Corporation: The creation
of the Fort Worth Tourism Public Improvement District and of the Fort Worth Tourism Public
Improvement District Corporation is to ensure the effective and judicious allocation of district
assessment revenues to accomplish the above noted mission of the District.
Start -Up Costs for Creation of the PID
It is understood by both the FWTPIDC and by the FWCVB that there are certain start-up costs
for creation of the district. These costs include the consulting, legal, and administrative services
that enabled creation of the district, and the administrative costs to the city for implementing the
distract. State law provides for the reimbursement of these costs from the proceeds of the District
once it is established and the FWCVB will coordinate the presentation for
payment/reimbursement of these costs to the FWTPIDC Board for their approval. It is estimated
that these costs will total less than $xxx,xxx_
Ongoing Administrative Costs for the PID
Similarly, it is understood by both the FWTPIDC and by the FWCVB that there are certain
ongoing administrative costs for operation of the district. These costs include the consulting,
legal, and administrative services that enable sustaining the operation of the district, and the
administrative costs to the city for processing payments of the assessments to the district. State
law provides for the reimbursement of these costs from the proceeds of the District and the
FWCVB will coordinate the presentation for payment/reimbursement of these costs to the
FWTPIDC Board for their approval. It is estimated that these costs will total less than $xxxxxx
per year.
General FWTPIIDC Operations
Obligations and Expenditures: The FWCVB is authorized to enter into contracts and otherwise
obligate and spend FWTPIDC funds only in accordance with the FWTPIDC Board approved
budget and plan. The FWCVB shall not incur obligations or indebtedness for the current or any
future fiscal year in excess of its fund balance and/or anticipated revenues that will be available
by the fiscal year in which the obligation must be paid.
Requisitions to utilize FWTPIDC funds will only be sought by FWCVB staff for initiatives that
meet the FWTPIDC ROI criteria as outlined in the FWTPID budget and operating plan_ The
FWCVB CFO must review all such expenditures to ensure compliance with this agreement and
the approved FWTPIDC budget and. plan. Staff utilizing FWTPIDC funds shall, be bound by
current FWCVB travel and expense policies.
Maintenance of FWTPIDC Funds: All assessment funds received from the City of Fort Worth
for the FWTPIDC shall be deposited in a bank account separate from all other FWCVB funds.
Utilized banking institutions shall be FDIC insured and maintain a minimum of either a Moody's
rating of "Baal" or higher, or a Standard & Poor's rating of "BBf3+" or higher. An annual
investment strategy and goals shall be presented to the FW r?IDC Board as part of the annual
plan and budget approval process for funds that do not need to be reserved for maintenance and
operation of the district_
Insurance and Audit Services; The FWCVB shall secure insurance and financial and
performance audit services for matters pertaining to the FW ITDUC. The representation contracts
will generally go out through a RFP process in compliance with the city's MWBE guidelines.
Recommendations will be brought to the FWTPIDC Board for approval. The completed
performance and annual audit reports will be provided to the FWTFIDDC Board and to the PID
Administrator for the City of Fort Worth.
(35)
Staffing Pattern and Duties Summary
The FWCVB will accomplish its contractual duties for the FWTPIDC through a mix of contracts
with outside firms, very limited hiring of new staff, and utilization of existing FWCVB staf.
The costs for each of these resources will be allocated to the FWTPID solely based on the
percentage of time spent on FWTPID functions that are within the approved FWTPID budget
and action plan. Below is a summary of the anticipated staffing pattern, duties, and costs related
to the FWTPIDC with a total anticipated administrative cost of under $xxx,xxx.
Approvals from FWTPIDC Board
Approval of Budget, Operating Plan, and Amendments/Exceptions: The annual FWTPIDC
budget and operating plan will be presented to the FWTPIDC Board for approval at a meeting at
least 30 days prior to the start of each fiscal year, other than the initial fiscal year of the TPID.
Proposed amendments or exceptions to the annual plan or to the R01 protocols may be presented
to the FWTPIDC Board for approval at their quarterly meetings. If there is a very time sensitive
matter, recommendations for amendments or exceptions may be presented to the FWTPIDC
Board at other times through email or specially called meetings, in accordance with the
FWTPIDC bylaws, For the purposes of this agreement, amendments may also include the
addition or deletion of previously approved marketing or sales initiatives.
Overall Goals for FWTPID Marketing and Promotion Initiatives: The goals of the FWTPID
marketing and promotion initiatives will be outlined definitively in each year's annual plan that
will be approved by the FWTPIDC Board. The target audience will include convention and
meeting planners, business travelers, and leisure travelers.
Requests for Exceptions to ROT Requirements: While the FWCVB does not anticipate the
need to ask for exceptions to the ROI Requirement, it is possible that such a situation may
present itself For example, there may be a meeting that requires more incentives than the RDI
in lodging nights would indicate (e.g.; conventions held by ASAE, MPI, etc.) but offers the city
and its hotel sector access to entities that can bring touch other needed conventions and groups to
our area. In such scenarios and other meritorious situations, the FWCVB staff may bring such
items up for consideration to the FWTPIDC Board for their review and consideration, A brief
summary of the anticipated ROI and an explanation of the grounds for considering an exception
will be provided to the FWTPIDC Board. Whether to grant such an exception will be at the
discretion of the FWTPIDC Board. Similarly, the FWTPIDC Board, one of its members, or a
funding hotel within the district may propose such an item for consideration by the FWTPIDC
Board for its review and consideration.
Shifting Between Expenditure Categories: The FWCVB has the authority to propose to the
FWTPIDC Board a shifting of resources between categories for approved activities and efforts.
Shifts between categories shall not exceed la%. Similarly, the FWTPIDC Board on its own
motion may propose, approve and require such a shifting of resources.
Conflict of Interest Administration: It is possible that certain hotel members of the
FWTPIDC, and in certain cases a majority of the board, wilt have an interest in a city-wide or
(3 b)
regional convention or meeting that may be marketed or provided incentives through the
FWTPID. In such cases, the FWCVB shall work with the involved board member(s) to file the
appropriate conflict of interest forms as outlined in the bylaws for the FWTPIDC and shall
secure the needed votes to authorize the project as outlined in the bylaws for the FWTPIDC.
Reports to the FWTPIDC Board
Reports on Status of Projects/Expenditures: Quarterly and annual reports shall be provided to
the FWTPIDC Board on the progress of the FWCVB staff in implementation of the FWTPID
programs. These reports will indicate the status of progress on the approved plan, financial
statements, bank balances, and a cash flow statement showing the timing of actual FWTPID
revenues and expenses. The quarterly financial statement, balance sheet, and statement of
activities shall be maintaincd and presented in compliance with General Accepted Accounting
Principles (GAAP) for non-profit corporations. These reports shall be similar to those currently
produced by the FWCVB, incorporating the items contained in the FWTPIDC board approved
plan and budget.
The FWCVB staff will also provide courtesy copies of the quarterly and annual reports to the
PID Administrator for the City of Fort Worth for further distribution.
Financial Statements: The FWTPID cash flow statement will show the tinting in which actual
assessments will be collected and when they will be spent. In accordance with standard practices,
the FWCVB may book meetings that will be held a number of years later. In this case, a meeting
may be booked, and an obligation made, in one year, but the incentive expense will not actualize
until the meeting occurs (up to twenty years in the future). With this in mind, revenues will be
shown over the ten-year term of the district, while expenses are shown over a twenty-year period
(ten years past the initial ten year term of the PID). As the attached sample indicates, balances
are carried forward, and all FWTPID assessments along with any earned interest will be
proposed for expenditure over the booking period for eligible FWTPID marketing, events, and
programs. In accordance with city and state law, any funds not obligated during the term of the
district must be returned to the city for distribution back to the assessed properties.
Access to FWTPID Materials. Reasonable access to all FWV11D related materials and
information shall also be available to the FWTPIDC Board at all times. Courtesy copies of these
reports will also be emailed to the Fort Worth City Manager for further appropriate distribution.
Requests for access to FWTPID documents by other parties will be handled as required under the
Texas Public Information Act.
Orientation for the Fort Worth FWTPIDC Board: An annual orientation shall be done for
the FWTPIDC Board on the administration of the FWTPID, board roles and responsibilities, and
the responsibilities of the FWCVB under this contract.
(The remainder of this page intentionally left blank)
(3 7)
City of Fort Worth, Texas
Mayor and Council Communication
DATE: Tuesday, August 25, 2020 REFERENCE NO.: M&C 20-
057E
LOG NAME: 13FMS PID18FY21
SUBJECT:
(ALL) Conduct Public Benefit Hearing for the Fort Worth Public Improvement District No. 18 -
Tourism, Approve Fiscal Year 2020-2021 Budget in the Amount of $4,178,453.00 and Seven -
Year Service Plan, Approve Assessment Roll, Adopt Ordinance Levying Special Assessments
for Fiscal Year 2021, and Adopt Appropriation Ordinance
(PUBLIC HEARING - a. Report of City Staff Anthony Rousseau; b. Public Comment; c.
Council Action: Close Public Hearing and Act on M&C)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public benefit hearing concerning the proposed special assessments on
property located in the Fort Worth Public Improvement District 18 - Tourism for
Fiscal Year 2020-2021;
2. Approve the attached Fiscal Year 2020-2021 Budget in the amount of $4,178,453.00
and Seven -Year Service Plan for the Fort Worth Public Improvement District 18 -
Tourism;
3. Approve the Assessment Roll for the Fort Worth Public Improvement District 18 -
Tourism, on file with the City Secretary;
4. Adopt the attached ordinance levying special assessments on property located in the
Fort Worth Public Improvement District 18 - Tourism for Fiscal Year 2020-2021; and
5. Adopt the attached appropriation ordinance increasing estimated receipts and
appropriations in the FWPID #18 - Tourism Fund for Fiscal Year 2020-2021 in the
amount of $4,178,453.00 from available funds.
DISCUSSION:
On August 29, 2017, the City Council adopted Resolution No. 4837-08-2017, establishing the
Fort Worth Public Improvement District 18 - Tourism (Tourism PID) On August 18, the City
Council adopted a Resolution to expand the boundaries of the Tourism PID to include five (5)
additional hotels (M&C 20-0551).
The purpose of this benefit hearing is to receive comments from the public regarding the
Fiscal Year 2020-2021 budget and seven-year service plan for the Tourism PID, and the
proposed assessments to be levied on each property in the Tourism PID for the 2020 tax year.
Following the public hearing, it is recommended that the City Council take the following
actions: (a) approve the attached budget and seven-year service plan, (b) approve the 2020
assessment roll; and (c) adopt the attached ordinances levying the proposed assessments and
appropriating funds.
The improvements and services to be provided in the Tourism PID during Fiscal Year 2021
and the associated costs thereof are as follows:
Fiscal Year 2021 Budget
Improvements
Total Budgeted
Costs
Incentive & Sales Efforts $ 1,855,554.00
Marketing and Research $ 1,443,208.00
Site Visits & Familiarization Tours $ 309,259.00
Cultural Enhancements through Marketing and
promotion of the Arts
$ 309,259.00
Operations & Administration F $ 206,173.00
City Administrative Fee F$ 55,000.00
Total Expenses
F$ 4,178,453.00
The total budgeted costs of the improvements and services are $4,178,453.00, all of which will
be funded by the owners/operators of Tourism PID hotels with 100 or more rooms paying a
special assessment at a rate of two percent of revenues they receive from a hotel room. The
owners/operators may seek reimbursement in an amount equal to the special assessment from
hotel guests, with such reimbursement being a mandatory charge that is subject to state and
local hotel tax.
Due to the steep drop in hotel occupancy rates as a result of the COVID-19 situation, City
staff, the Fort Worth Tourism Public Improvement District Corporation (FWTPIDC), and the
Fort Worth Convention and Visitors Bureau (FWCVB) have identified the need to decrease
the Tourism PID Assessment revenue equal to 18\%, or $937,425.00, over the Fiscal Year
2019-2020 budget.
On August 18, 2020, the City Council conducted a public hearing to receive comments on the
proposed Fiscal Year 2020-2021 Budget, seven-year service plan, and 2020 assessments for
the Tourism PID (M&C 13FMS PID I8FY21 BENEFIT). Notice of the August 18, 2020,
benefit hearing and this hearing were published in the Fort Worth Star -Telegram on August 2,
2020, and mailed to all hotel owners/operators on record in the Tourism PID on July 31, 2020,
in accordance with state law.
In fiscal year 2018, the City entered into a contract with the FWTPIDC and the FWCVB to
manage the operations of the Tourism PID. The term of this agreement is commensurate with
the term of the Tourism PID; thus, the FWTPIDC and the FWCVB will continue to manage
the operations of the Tourism RID for Fiscal Year 2020-2021.
The Tourism RID properties are located in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and the
adoption of the Fiscal Year 2020-2021 Budget by the City Council, funds will be available in
the Fiscal Year 2021 operating budget, as appropriated, of the FWPID #18 - Tourism
Fund. Prior to any expenditure being incurred, the Financial Management Services
Department has the responsibility to validate the availability of funds.
FUND IDENTIFIERS (FIDs):
TO
Department Project Budget
Fund ID Account ID ProgramActivity year
FROM
Department Project Budget
Fund ID Account ID ProgramActivity Year
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Reference #
Amount
(Chartfield 2)
Reference #
Amount
(Chartfield 2)
Jay Chapa (5804)
Reginald Zeno (8517)
Crystal Hinojosa (7808)
ATTACHMENTS
1. 13FMS PID18FY21 AO.doc (Public)
2. PID 18 Assessment Ordinance (FY2020-2021).docx (Public)
3. PID 18 FID TABLE .xlsx (CFW Internal)
4. PID 18 Seven Year Service Plan FY21 FINAL.xlsx (Public)
5. TPID_HOTELS FY21 FINAL.pdf (Public)
Ordinance No. 24371-08-2020
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS
IN THE AMOUNT OF $4,178,453.00, IN THE FISCAL YEAR 2020-2021 TOURISM P1D
FUND, FROM AVAILABLE FUNDS, (CONTINGENT UPON THE ADOPTION OF THE
ORDINANCE LEVYING SPECIAL. ASSESSMENTS FOR SUCH FISCAL YEAR), FOR
THE PURPOSE OF PROVIDING IMPROVEMENTS, SERVICES, AND MANAGEMENT
OVERSIGHT FOR PUBLIC IMPROVEMENT DISTRICT 18 - TOURISM; MAKING THIS
ORE) INANCE CUMULATIVE OF PRIOR ORDINANCES-, REPEALING ALL ORDINANCES
IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS;
SECTION 1.
That in addition to those amounts allocated to the various City departments for Fiscal Year 2020-2021 in the
Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the
amount of $4,178,453,00 in the Fiscal year 2020-2021 Tourism PID Fund, from available funds, (contingent
upon the adoption of the ordinance levying special assessments for such fiscal year), for the {purpose of
providing improvements, services, and management oversight for public Improvement District 18 - Tourism.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void
for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way
impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining
provisions shall be and remain in full force and effect.
SECTION 3.
That this ordinance -shall be incorporated into the ordinance of the municipal government of the City of Fort
Worth for the ensuing Fiscal Year beginning October 1, 2020, and ending September 30, 2021, and all other
ordinances and appropriations amending the same except in those instances where the provisions of this
ordinance are in direct conflict with such other ordinances and appropriations, in which instance said
confffcting provisions of said prior ordinances and appropriations are hereby expressly repealed.
SECTION 4
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY. CITY SECRETARY
Tyler F. Wallach, Assistant City Attorney Mary J. Kayser
r��M5��
ADOPTED AND EFFECTIVE' August 25, 2020
REVENUES
PIO Assessments
EXPENSES
incentives & Sales Eifarts
Marketing and Research (Promotion/ Advertising)
Site Visits & Familiarization Tours
Cultural Enhancements through
Marketing and promotion oft he Arts
Operations 8t Administration
City Administrative Fee
Total Budgeted Expenses
Net Change in Fund Balance
Estimated Fund Balance, Beginning of Year
Estimated Fund Balance, End of Year
Reserve Requirement
Over (Under) Reserve
City of Fort Worth
Seven Year Service Plan
Public Improvement tNatrict No. IS - Touriarn
FY 20121
FY21122
FY22123
FY23124
M4126
$ 4,178,453
$ 4,746,249
$ 5,102,218
$ 5,408,351
$ 5,678,769
S 1,a55,554
$ 2,111,062
$ 2,271,249
S 2,40908
$ 2,530,696
1,443,20a
1.641,937
1.766.526
1,873.673
1,968.319
309,259
351,844
378,541
401,501
421,783
309,259
351,844
37a,541
401,501
421,783
206,173
234,562
252.361
267,668
281,188
55,000
55.000
55,000
55.000
55,000
S 4,178,468
f 4,746,249
f 6,102,218
S 5,409.351
f 6,679,769
-
2,236,747
2,236,747
2,236,747
2,236.747
2,236.747
2.236,747
2,236.747
2.236.747
2,236.747
2,236.747
618.992
696,409
791,042
850,370
901.392
f 1,617,756
f 1,640,338
$ 1."6,706
$ 1138613T T
$ 11336,365
"l'ourism PID Hotels
Account Name
Address
City, State, Zip
RMS
AC Hotel Fort Worth - Downtown
610 Main St
Fort Worth, TX 76102
252
Aloft Downtown Fort Worth
300 Throckmorton
Fort Worth, TX 76102
180
American Airlines Training and Conference Center
4601 State Hwy 360
Fort Worth, TX 76155
299
Autograph Collection Downtown Fort Worth
512 Main St.
Fort Worth, TX 76102
165
Budget Suites of America - Fossil Creek
3500 NE Loop 820
Fort Worth, TX 76137
366
Candlewond Suites - DFW South
4200 Reggis Drive
Fort Worth, TX 76155
174
Courtyard by Marriott - Alliance
3001 Amador Dr.
Fart Worth, TX 76177
127
Courtyard by Marriott - Blackstone
609 Main Street
Fort Worth, TX 76102
203
Courtyard by Marriott - Fossil Creek
3751 NE Loop 820
Fort Worth, TX 76137
154
Courtyard by Marriott - Stockyards
2537 Main St.
Fort Worth, TX 76164
124
Courtyard by Marriott - University Drive
3150 Riverfront
Fort Worth, TX 76107
130
Courtyard by Marriott - West at Cityview
6400 Overton Ridge Boulevard
Fort Worth, TX 76132
104
Crossland Economy Studios - Fossil Creek
3860 Tanacross
Fort Worth, TX 76137
124
Dalworth Inn
812 E. Felix Street
Fort Worth, TX 76115
120
DFW Airport Marriott South
4151 Centreport Boulevard
Fort Worth, TX 76155
295
DFW Marriott Hotel and Golf Club at Champions Circle
3300 Championship Pkwy i
Fort Worth, TX 76177
286
Embassy Suites Hotel - Downtown Fort Worth
600 Commerce Street
Fort Worth, TX 76102
156
Extended Stay America - City View
5065 Bryant Irvin Rd
Fort Worth, TX 76132
104
Fairfield Inn & Suites Downtown
1010 Houston
Fort Worth, TX 76102
110
Fairfield Inn & Suites Fossil Creek
3701 NE Loop 820
Fort Worth, TX 76137
106
Hampton Inn and Suites - Wes!11-30
2700 Green Oaks
Fort Worth, TX 76177
105
Hampton Inn and Suites - DFW South
4201 Reggis Court
Fart Worth, TX 76155
116
Hampton Inn and Suites Downtown Fort Worth
1001 Commerce St.
Fort Worth, TX 76102
245
Hawthorn Suites - University
1701 South University Drive
Fort Worth, TX 76107
120
Hilton Fort Worth
815 Main Street
Fort Worth, TX 76102
294
Hilton Garden Inn - Fort Worth Alliance Airport
2600 Westport Parkway
Fart Worth, TX 76177
127
Hilton Garden Inn - Medical Center
912 Northton Street
Fort Worth, TX 76104
157
Holiday Inn - OFW Airport South
14320 Centre Station Road
Fort Worth, TX 76155
143
Holiday Inn Express - Downtown
1111 W Lancaster
Fort Worth, TX 76102
132
Holiday Inn North - Fossil Creek
4635 Gemini Place
Fort Worth, TX 76106
126
Homewood Suites - Fossil Creek
3701 Tanacross
Fart Worth, TX 76137
137
Homewood Suites - Medical Center
2200 Charlie Lane
Fort Worth, TX 76104
157
Hyatt Place - Alliance Town Center
3201 Alliance Town Center
Fort Worth, TX 76177
130
Hyatt Place - Cityview
59DO Cityview Street
Fart Worth, TX 76132
127
Hyatt Place - Stockyards
132 E Exchange
FortWorlh, Tx 76164
100
Hyatt Place - TCU
2500 West Berry Street
Fort Worth, TX 76109
127
Kimpton Hotel
714 Main St
Fart Worth, TX 76102
232
La Quinta Inn and Suites - Fart Worth North
2501 Polaris Or
Fart Worth, TX 76137
133
La Quinta Inn and Suites - Southwest
6100 Overton Ridge
Fort Worth, TX 76132
128
Omni Fort Worth Hotel
1300 Houston
Fort Worth, TX 76102
614
Quality Inn and Suites - Cattle Baran
2700 S Cherry Lane
Fort Worth, TX 76116
109
Radisson - Fart Worth South Hotel
100 Alta Mesa East
Fort Worth, TX 76134
247
Radisson Hotel - Fort Worth Fossil Creek
2540 Meacham Street
Fort Worth, TX 76106
247
Residence Inn - Alliance Airport
13400 North Freeway
Fort Worth, TX 76177
111
Residence tnn - Culturat District
2500 Museum Way
Fort Worth, TX 76177
150
Residence Inn - Fossil Creek
5801 Sandshelf Drive
Fort Worth, TX 76137
114
Sheraton Fort Worth Hotel and Spa
1601 Commerce Street
Fort Worth, TX 76102
429
SpringHill Suites by Marriott - Stockyards
2315 N Main St
Fort Worth, TX 76164
170
SpringHill Suites by Marriott - University
3250 Lovell Street
Fort Worth, TX 76107
145
Stay Express Hotel Fort Worth
2000 Beach Street
Fort Worth, TX 76111
168
TownePlace Suites downtown
801 E Belknap
Fort Worth, TX 76102
140
TownePlace Suites University
3450 W Vickery
Fort Worth, TX 76107
128
WoodSpring Suites Fort Worth
3501 NE Loop 820
Fort Worth, TX 76137
121
Worthington Renaissance Hotel
200 Main Street
Fort Worth, TX 76102
504
ORDINANCE NO.24370-08-2020
AN ORDINANCE LEVYING SPECIAL ASSESSMENTS FOR THE COSTS OF
CERTAIN IMPROVEMENTS AND SERVICES BENEFITTING PROPERTIES
IN PUBLIC IMPROVEMENT DISTRICT 18 — TOURISM DURING FISCAL
YEAR 2020-2021; SETTING CHARGES AND LIENS AGAINST PROPERTY IN
THE DISTRICT AND AGAINST THE OWNERS THEREOF; PROVIDING
FOR THE COLLECTION OF THE SPECIAL ASSESSMENTS; PROVIDING
FOR DUE DATES, PENALTIES, AND INTEREST; PROVIDING FOR
RELIANCE ON ORDINANCE AND RECITALS IN EVENT OF A SUIT;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT ORDINANCE
IS CUMULATIVE OF ALL NON -CONFLICTING PRIOR ORDINANCES;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 372 of the Texas Local Government Code ("Code") authorizes the
creation of a public improvement district consisting of non-contiguous territory in which is located
hotels meeting certain criteria, with owners/operators of such hotel properties being subject to
assessment to pay for the services and benefits provided by the district; and
WHEREAS, on August 29, 2017, the City Council adopted Resolution No. 4837-08-2017,
establishing Public Improvement District No. 18 - Tourism ("PID") in accordance with Section
372-0035 and other applicable sections of the Code; and
WHEREAS, on August 18, 2020, the City Council adopted a Resolution to Expand the PID
to include five additional hotels (M&C 20-0551) pursuant to Section 372.0121 of the Code and other
applicable section of the Code;
WHEREAS, under Section 372.013 of the Code, the City Council must review and approve
the annual budget for special, supplemental services to be provided in the PID ("Services") and to
determine the amount of assessment that is to be levied against property in the PID to pay for the costs
of such services; and
WHEREAS, the Services to be provided in Fiscal Year 2020-2021 and their estimated costs
are as follows:
Incentives and Sales Efforts
$1,855,554.00
Marketing and Research
$1,443,208.00
Site Visits and Familiarization Tours
$309,259-00
Cultural Enhancements through Marketing and
Promotion of the Arts
$309,259.00
Operations and Administration
$206,173.00
City Administrative Fee
$55,000.00
Total Expenses
$4,178,453.00
The total budgeted cost of the Services is $4,178,453.00, the entirety of which will be funded
by special assessments on the owners/operators of Pl ❑ hotels with 100 or more rooms, with such
Ordinance No. 24370-08-2020
Paget of 6
assessments being in an amount equal to two percent of revenues that the hotels receive from taxable
hotel room night charges and with the names of such hotels being listed in Exhibit "A," which is
attached hereto and hereby made a part of this Ordinance for all purposes (such properties hereinafter
being referred to as "Hotel Parcels" and the hotels located thereon being referred to as "Qualifying
Hotels"); and
WHEREAS, the Texas Comptroller of Public Accounts has indicated that owners/operators
may seek reimbursement in an amount equal to the special assessment from hotel guests, with such
reimbursement being a mandatory charge that is subject to state and local hotel tax (Texas Comptroller
Opinion Letter 201111277L, November 8, 2011); and
WHEREAS, it is proposed that the owners/operators of the Hotel Parcels located in the PID
be assessed at a rate of two percent (21/o) of the consideration received from occupancy of any sleeping
room furnished by Qualifying Hotels, which assessments shall be collected in the same manner and in
accordance with the same procedures as those established for collection of the City's hotel occupancy
tax, as set forth in Chapter 32, Article 11 of the City Code; and
WHEREAS, the Services and proposed assessments were previously presented in public
hearings conducted by the City Council beginning at 10:00 a.m. on August 18, 2020 (M&C 13FMS
PID 18FY21 BENEFIT) and at 7:00 p.m. on August 25, 2020 in the City Council Chambers in City
Hall in the City of Fort Worth, Texas ("Public Hearings"); and
WHEREAS, notice of the Public Hearings was published and mailed in accordance with state
law, and all persons desiring to be heard were given a fuiI and fair opportunity to be heard at the Public
Hearing.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS:
SECTION 1.
The Public Hearings are hereby closed, and any and all protests and objections, whether herein
enumerated or not, are hereby overruled.
SECTION 2.
The City Council, from all evidence before it, including all information providers to it and
considered in the Public Hearings, finds that the assessments described herein on Hotel Parcels should
be made and levied in a manner that results in imposing the costs of the Services on Qualifying Hotels
that are similarly benefitted from the provision of those Services. The apportionment of those costs
will be based on the special benefits accruing to the Qualifying Hotels on account of the Services
provided. As a result, those Qualifying Hotels that sell more guest rooms will pay a greater portion of
the costs of the Services because those properties will have received a greater benefit from the
promotions and marketing comprising the Services. The City Council further finds that this method of
assessment is fair and equitable and results in an apportionment of the costs of the Services that
Ordinance No.24370-08-2020
Page 2 of 6
complies with applicable law.
SECTION 3.
In accordance with Section 372.017, Texas Local Government Code, in order to pay the costs
of the Services provided during Fiscal Year 2020-2021, effective October 1, 2020 the City hereby
levies a special assessment against owners/operators of the Hotel Parcels in an amount equal to two
percent (2%) of the consideration received from the occupancy of any sleeping room furnished by
Qualifying Hotels, which assessments shall be collected in the same manner and in accordance with
the same procedures as those established for collection of the City's hotel occupancy tax, as set forth
in Chapter 32, Article Il of the City Code.
SECTION 4.
The assessments levied hereunder, together with reasonable attorney's fees and cost of
collection, if incurred, are hereby declared to be and are made a lien upon the Hotel Parcels and
Qualifying Hotels, and are a personal liability and charge against the real and true owners of such
properties, whether such owners are correctly named herein or not. Such liens shall be and constitute
the first enforceable lien and claim against the Hotel Parcels and Qualifying Hotels, superior to all other
liens and claims, except state, county, school district and city ad valorem taxes. A copy of this
Ordinance may be filed with the County Clerk of each county in which a Hotel Parcel and Qualifying
Hotel are located, and when so filed shall constitute complete and adequate legal notice to the public
concerning the liens hereby assessed against the respective parcels of property and the owners thereof.
The sums assessed against the Hotel Parcels shall be and become due at the same time that
hotel occupancy taxes on the Qualifying Hotels located thereon become due, and shall become
delinquent if not paid by the applicable deadlines for hotel taxes remittance established by Chapter 32,
Article 1I of the City Code. The entire amount assessed against each Hotel Parcel shall bear penalty
and interest, from and after the respective due date at the same rate as prescribed Chapter 32, Article II
of the City Code, for hotel tax.
SECTION 5.
If default shall be made in the payment of any assessments, collection thereof shalI be enforced
by suit in any court of competent jurisdiction, and said City shall exercise all of its lawful powers to
aid in the enforcement and collection of said assessments.
SECTION 6.
The total amount assessed against the respective parcels of property and the owners thereof is
in accordance with the proceedings of the City hereto and is permitted by applicable law.
Ordinance No. 24370-08-2020
Page 3 of 6
SECTION 7.
Full power to make and levy reassessments and to correct mistakes, errors, invalidities, or
irregularities in the assessments are, in accordance with the law in force in this City, vested in the City,
SECTION 8.
In any suit upon any assessment or reassessment, it shall be sufficient to allege the substance
of the provision recited in this Ordinance and that the Recitals hereto are in fact true, and further
allegations with reference to the proceedings relating to such assessment and reassessment shall not be
necessary.
SECTION 9.
Should any portion, section, or part of a section of this Ordinance be declared invalid,
inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion, or
judgment shall in no way impair the remaining portions, sections, or parts of sections of this Ordinance,
which shall remain in full force and effect.
SECTION 10.
This Ordinance shall be cumulative of all other ordinances and appropriations amending the
same except in those instances where the provisions of this Ordinance are in direct conflict with such
other ordinances and appropriations, in which instance said conflicting provisions of said prior
ordinances and appropriations are hereby expressly repealed.
SECTION 11.
This Ordinance shall take effect and be in full force and effect from and after the slate of its
passage.
AND IT IS SO ORDAINED.
APPROVED AS TO FORM AND LEGALITY: ATTEST:
Tyler F. Wallach, Assistant City Attorney
M&C: 20-0577
Adopted: August 25, 2020
Mary J. Kayser, City Secretary
Ordinance No. 24370-08-2020
Page 4 of 6
EXHIBIT "A"
QUALIFYING HOTELS IN THE TOURISM PID
Tourhm PID Horeb
&—WA Han.
Addy...
CIA. Stab, try
Rm
AC HOW FW Waft • Downtown
610 Mein St
ort Woo. TX 70 1
art Downtown Fat V0"
300 TwExRmorlon
Fort Wwlh, TX 761021
American Alnrxs 7rowdrq and Corgarence Carter
Awl Stator Hwy 3W
Fort Worm, T% 76166
299
AuIWWh Cdladwn Dovmtown Fort Worth
512 Man S1
Fart Worth TX 78 1
166
Budget Suttes of ArmnCs - Fos®t ❑rek
35W NE LoW 620
For WOM. TX 76137
366
Candtaw%d SudrS - DFW South
4200 Reggta Dove
Fort Worth T% 75155
174
Cortlymd by Mamon • Aimme
3001 Arnedor Cr
Fort W rttt TX 76177
127
Cauttyard by Moorman - amckatorw
6W Chain Street
Fort Worth 17f 76102
20.3
Counyem by Menlotl - FMNI Greek
3751 NE Loop 620
Fort Worm. TX 76137
1%
Cqurtyerd by M&"On - Stoc%yardS
2537 ton Sr
Fort Wdr1h. u 76164
124
Courtyard by Marrio" - University CNe
3160 Rivarhunl
Fort Word" Tx %IOT
130
courtyatl by memos - West Im otyvraw
6400 0v6ton fudge Oou*verd
Fat WoAh T% 76132
104
GosNantl Eaymny SkAm - Foam Creek
38M TmeQvss
Fort Worth. T% 76137
124
Dakvvih I
812 E Fehx Strw
Fort VkM. TX 76115
120
ORN Airport Marnotl Sault+
4151 Cmtreporl fldulmrd
Fcn Worth. Tx 76155
295
OFW Maraor. hotel end Celt nuts at Crempma Orde
3000 Chwe pwn>*mp Pkwy
pion Wwft TX 16177
2W
Ernbassy Sudas Hotat - Down*m Fort worth
600 Callvrmrce $unm
Fart Worth T% 76102
166
Exiemied Stay Amanda - CiN Vraw
SW Bryant trvlrt Rd
Fort Vowth. T% 76132
104
Fae6Nd Im S Sates Downtown
1010 k"an
Fort Worth- TX 76102
110
Fam6dd Irtn d Sulas F0501 0eek
3701 NE Loop M
FW Walh. YX T
t
Hamplon nn and tors - Vve&VI-30
Z700 Green o
Ort V'lbnh % }
v
Hampton Inn and suites • DFW SoLM
4201 Raggla Cart
port Worth. TX 76 156
116
Hampton nn and Suites Dda.ltown Fat Worth
1001 Commerce St
Pori Worth- TX 76102
245
Hawihor Sulk? • o w"ty
1 TO Sl tvth tlnim XNW Dove
Fort WordL TX 107
1
Hllm Fpr north
S15 Men Street
Fort Worth. TX 76102
294
HWan Gardan nh - a1 WORT AIIIenc(' ANpor1
26M Wbs>p on arkwey
FW Wort. TX 76 1
Fillet Garden nn - Medico ter
912 NtrtMoo Street
Forl WortlL TX 76t
157
Ordinance No. 24370-08-2020
Page 5 of 6
Holiday Inn - DFW Purport South
14320 Centre Station Road
Fort Worth. X 76155
143
Holiday Inn Express - Downtown
1111 W Lancaster
FW Worth, TX 76102
132
Holiday Inn North • Fossl Creek
4635 Gemini Place
For! Worth, TX 76106
126
Homewood Suites - Fossil Greek
3701 Tanaaross
FortWorth. TX 76137
137
Homewood Suites - Medical Center
22W Charlie t sine
Fort Worth. TX 76164
1 r7
Hyatt Race - Alliance Town Center
3201 Alliance Town Center
Fort Worth, TX 76177
130
"I Place - GIlyvlew
59M CAtyvlex Sheet
Fort Worth, TX 76132
127
Hyatt Place - Stoolryards
132 E Exdlarlge
FaalWcrth, TX 76164
100
Hyatt Place - TGU
25M West Berry SUM
Fort Worth. TX 76 109
127
Yamapton Hotel
714 Mein 51
Forl Worth. TX 76102
232
La Quints inn and Suites - Fort Worth North
2501 Polack Dr
Fort Worth, TX 76137
133
La Quota Inn and Suites - Southwest
6100 Overton Ridge
Fart Worth. TX 76132
128
0mN Fort Worth Hotel
13W Houston
Fort Worth, TX 6102
614
Quality Ian end Suites - Catee Baran
2700 S Chary Lane
fat Worth. TX 76116
109
Radisson - Fat Worth South Hotel
100 Alta Mesa East
fortWorth. TX 761M
247
Radis5W Hotel - Fort Worth Fossil Greek
2540 Meacham Street
Fort Werth, TX 76105
247
ftesideno0 Inn - Nuance Aitpori
134p0 North Freeway
Fart Worth, TX 76177
111
Residence Inn - Cultural District
25M Museum Way
Fart Worth, TX 76177
150
Rtmidenoe inn • FOW Creek
580E Sandshell Drive
Fan Worth, TX 76137
114
Sheraton Fat Worth Hale[ and Spa
1601 Commerce Street
Fart Worth, TX 76102
429
SpringHill Suites by Marriott - Stocryards
2315 N Meln St
Fart Worth. TX 76164
170
SpringHrtl Suites by Monioll - University
3250 Lovell Street
Fort Worlh_ TX 76107
145
Stay EXpress Hold Fart Worm
2000 0eaa1 Sreel
Fort Worth, TX 76111
166
owne ace Suites Nwntow
801 E Belknap
cirt arth, TX 76102
140
owneP ce Suites Urwarstty
3450 W Vickery
Fort . P 167
1 rg
WoadWng States Foil Worth
Wl NE Loop 620
Fort WWK TX 76137
1 1
Warthinglon Renaissance itolei
2t70 Main Street
Fort Worlh_ TX 76102
504
Ordinance No. 24370-08-2020
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