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1246RECITALS: RESOLUTION NO. 1246 A RESOLUTION REGARDING MONIES PLACED IN THE CONVENTION CENTER RESERVE FUND WHICH WILL BE SPENT FOR TOURIST PROMOTION 1.The City of Moses Lake,as allowed by RCW 67.28.180,has enacted an or dinance which authorized the levying and collection of a special excise tax in the amount of 2%on the sale of or charge made for the furnishing of lodging at a hotel,motel,or similar facility. 2.The funds so collected are to be placed in a special fund and used only for the purpose of paying all or any part of the cost of acquisition, construction,or operating of stadium facilities,convention center facilities,performing arts center facilities,and/or visual arts center facilities,or to pay or secure the payment of all or any portion of general obligation bonds or revenue bonds issued for such purpose or pur poses or to pay for advertising,publicizing,or otherwise distributing information for the purpose of attracting visitors and encouraging tourist expansion. 3.The City Council of the City of Moses Lake wishes to set a policy con cerning spending said monies to pay for advertising,publicizing,or otherwise distributing information for the purpose of attracting visitors and encouraging tourist expansion. 4.This resolution supersedes Resolution No.1044 passed by the Moses Lake City Council on October 14,1980. RESOLVED: 1.For the year 1986 the City of Moses Lake will match,up to $2,195,actual payments made by local businesses located in and around the City of noses Lake,such payments being made for advertising promoting tourism in the City of Moses Lake and surrounding area. 2.The payments by local businesses and the payment of up to $2,195 made by the City of Moses Lake shall be used for an ad to be placed in the 1986- 87 Travel Washington Brochure and/or the development of a brochure pro moting the City of Moses Lake and the surrounding area.Such advertising is intended to promote tourism in the City of Moses Lake and the sur rounding area. 3.The payment up to $2,195 made by the City of Moses Lake shall be paid directly to the supplier of the advertising or the publisher of the Travel Washington Brochure or the brochure promoting the City of Moses Lake and the surrounding area. 4.Additionally,for 1986 and years subsequent,the City of Moses Lake shall contract with the Moses Lake Area Chamber of Commerce for tourist promo tion services,if the Chamber of Commerce is willing to so contract, paying the Moses Lake Area Chamber of Commerce $5,000 for all such tourist promotion services.A copy of such proposed contract is attached to this resolution and incorporated by reference herein. Adopted by the City Council on December 17,1985 ./Mayor ATTEST: AGREEMENT 1.PARTIES:This agreement is made and entered into by and between the CITY OF MOSES LAKE,Grant County,Washington,a municipal corporation (City), and the MOSES LAKE AREA CHAMBER OF COMMERCE (Chamber). 2.AUTHORITY:It is recognized that one of the purposes of the Chamber is to advance the general interest of the City,the area surrounding the City,and the trade area which the City serves.Furthermore,one of the specific purposes of the Chamber is to promote the resources and facili ties of the City and the surrounding area by advertising,publicizing, and otherwise distributing information for the purpose of attracting visitors and encouraging tourism. The City is empowered in RCW 35.21.700 as follows: "Any city or town in this state acting through its Council or other legislative body shall have power to expend money and conduct pro motion of resources and facilities in the city or town,or general area,by advertising,publicizing,or otherwise distributing infor mation for the purpose of attracting visitors and encouraging tourist expansion." The City is further empowered in RCW 67.28.210 as follows: "All taxes levied and collected under RCW 67.28.180 shall be credited to a special fund in the treasury of the county or city imposing such tax.Such taxes shall be levied only for the purpose of paying all or any part of the cost of acquisition,construction, or operating stadium facilities,convention center facilities,per forming arts center facilities,and/or visual arts facilities or to pay or secure the payment of all or any portion of the general obligation bonds or revenue bonds issued for such purpose or pur poses under this chapter,or to pay for advertising,publicizing, or otherwise distributing information for the purpose of attracting visitors and encouraging tourist expansion when a county or city has imposed such tax for such purpose,or as one of the purposes hereunder ..." Also,the City,instead of doing work of a professional nature using its permanent staff,may contract for those professional services (RCW 35.23.352). 3.CONSIDERATION AND COVENANTS:It is mutually agreed as follows: A.In consideration of the Chamber providing the necessary services for 1986 and subsequent years to advance the general interest of the City and to promote the resources and facilities of the City so as to attract visitors and encourage tourist expansion,the City shall pay to the Chamber a sum as determined by the City Council on an annual basis. _ B.In 1986 and subsequent years,unless and until changed by the City Council,the City shall pay the Chamber the sum of $5,000 for the services previously mentioned.In years subsequent to 1986,if a change in the amount to be paid the Chamber is contemplated for the previously mentioned services,the amount will be determined by the City Council during the budgetary review process for the next fis cal year. C.The City shall pay the $5,000 for 1986 and the sums determined to be payable for years subsequent to 1986 to the Chamber before April 1 but after February 1 of the year when the services are to be rendered. D.The Chamber shall be the sole entity responsible for managing tourist promotion for City of Moses Lake,and therefore,shall be the sole entity receiving funds from the City of Moses Lake for tourist promotion.The Chamber may in turn contract with other entities to provide tourist promotion and,therefore,all requests directed to the City for funds for tourist promotion will be redi rected to the Chamber. E.This agreement shall continue on a year to year basis,but com pliance with the terms of the agreement shall be reviewed periodi cally by the City.The agreement can be canceled by the City at the end of a calendar year if the services provided by the Chamber are not satisfactory as determined by the City Council or if the law is such or becomes such in the State of Washington to the ef fect that a city of the class which would include the City,is not. or is no longer empowered to expend the funds for the purposes enu merated in this agreement. 4.ENTIRE AGREEMENT:This writing embodies the entire agreement between the parties and shall not be modified unless put into writing. Dated Dated MOSES LAKE AREA CHAMBER OF COMMERCE CITY OF MOSES LAKE By President By Manager