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HomeMy WebLinkAboutCC Reso 2013-198 RESOLUTION NO. 2013- l A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, MAKING FINDINGS OF PUBOLIC BENEFIT FOR PROPOSED TRANSIENT OCCUPANCY TAX SHARING AGREEMENT AND DESIGNATING APPLICANT AS APPROVED HOTEL UNDER TITLE 3 CHAPTER 3.25 OF THE CATHEDRAL CITY MUNICIPAL CODE WHEREAS, at a public hearing, duly noticed and held at the Cathedral City City Council meeting of March 13, 2013, the City Council received a Transient Occupancy Tax Sharing Report concerning a proposed Transient Occupancy Tax Sharing Agreement with T2 Development, LLC ( "Applicant "); and WHEREAS, the ordinance approving Title 8 Chapter 3.25 of the Municipal Code (the "Program ") was approved at its second reading on September 12, 2012, and was effective thirty (30) days thereafter; and WHEREAS, the City Council finds that there are valid reasons for making the findings contained herein and designating Applicant as an Approved Hotel prior to the effective date of the Program, subject to the restrictions that no agreement between the City of Cathedral City and the Applicant shall become effective until the Applicant is Owner of the Doral Desert Princess Hotel ( "Hotel ") and the Hotel has transitioned to a DoubleTree Hotel franchise; and WHEREAS, at the public hearing on March 13, 2013, the City Council opened the hearing for public comment and the presentation of additional evidence regarding the Transient Occupancy Tax Sharing Report and /or designating Applicant as an Approved Hotel under the Program; and WHEREAS, after due deliberation and consideration of all the matters coming before it, the City Council resolves as follows. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE CITY OF CATHEDRAL CITY, AS FOLLOWS: SECTION 1. FINDINGS. The City Council finds as follows: A. That the Transient Occupancy Tax Sharing Report accurately depicts the likely benefits to the City and its residents of the proposed renovation of the Hotel of Applicant and, in particular, the increase of transient occupancy tax receipts by the City. B. That the comments, discussion and other evidence presented to the Council in the public hearing on this matter on balance support the finding set forth in Section 1.A above. ( i C. That Applicant meets all of the requirements of the Program to be designated as an Approved Hotel. D. That providing assistance to Applicant under the authority of the Program is necessary in order to assure the expansion of the business of Applicant and thereby the increase to the City of transient occupancy tax receipts, thus providing benefit to the City and its residents. E. That the evidence considered by the City Council supports a Transient Occupancy Tax Sharing, as defined in the Program, with Applicant receiving fifty percent (50 %) of tee Transient Occupancy Tax Increment (as defined in the Program) for a period of not more than seventeen (17) years. F. That the Transient Occupancy Tax Base as determined in the Transient Occupancy Tax Sharing Report is fairly determined and will be the basis for determining Transient Occupancy Tax Increment. SECTION 2. APPROVAL OF APPLICANT AS AUTHORIZED BUSINESS. Applicant is hereby approved as an Authorized Hotel under the terms of the Program, and City staff is authorized to negotiate the terms of and prepare for the City Council's review a Transient Occupancy Tax Sharing Agreement in accordance with the findings in Section 1 of this Resolution, and with the specific condition that said agreement shall not be effective or enforceable by or against either party thereto until the effective date of the Program. SECTION 3. AUTHORIZATION TO SIGN RESOLUTION. The City Council authorizes the Mayor to sig n this Resolution as the City's representative. [ SECTION 4. EFFECTIVE DATE. ( This Resolution shall become effective upon the effective date of the Program. SECTION 5. CERTIFICATION. 1 The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of the City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council of the City, in the minutes of the meeting at which this Resolution is passed and adopted. [THIS SPACE LEFT INTENTIALLY BLANK] PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council for the City of Cathedral City held on this 13 day of March, 2013, by the f99l�aowing vote:n S 7 f Ayes: PC44 i VaA U j, Noes: Absent: Abstain: 18' hleenl. D -' isa, M•yor Cit of Cath : ' • I City ATT 40,_ . )z- h , P i Ha ers, City Clerk 1 { 3 S 2