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HomeMy WebLinkAbout110-96 RESOLUTIONRESOLUTION NO. 110-96 A RESOLUTION APPROVING AN AGREEMENT WITH THE STATE BOARD OF FINANCE FOR TURNBACK OF SALES AND INCOME TAX FUNDS FOR THE CONTINUING EDUCATION CENTER (CEC) UNDER THE TOURIST AND ENTERTAINMENT FACILITIES ASSISTANCE ACT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: ,Section 1. That the Council hereby authorizes Mayor and City Clerk to execute an agreement with the State Board of Finance for turnback of sales and income tax funds for the Continuing Education Center (CEC) under the Tourist and Entertainment Facilities Assistance Act. A copy of the agreement is attached hereto marked Exhibit "A" and made a part hereof. y PASSED AND APPROVED this 15th day of October , 1996. • 4; : C • !S rt�• fi" `. d, ,�. \A.TTEST: By: /Lt Traci Paul, City Clerk APPROVED: By: red Hanna, Mayor Jimmie Lou Fisher State of Arkansas Office of the State Treasurer Telephone: (501) 682-5888 Treasurer of State Fax. (501) 682-3820 RECEIVED MAY 0 8 1997 CfTY OF MAYOR'S OFFICE LE May 7, 1997 Mr. Ben R. Mayes Administrative Services Director City of Fayetteville 113 West Mountain Fayetteville, AR 72701 Dear Mr. Mayes: Enclosed is an executed copy of the agreement approved in the State Board of Finance meeting April 23, 1997. With best regards, I am Sincerely, Donna Musgrove for the State Board of Finance 220 State Capitol Building • Little Rock, AR 72201 AGREEMENT y This AGREEMENT executed as of the �Z20 day of C! 19q7, by and between the State Board of Finance, an agency of the State of Arkansas (hereinafter called "State") and the City of Fayetteville, Arkansas, a City of the first class organized and existing pursuant to the laws of the State of Arkansas (hereinafter called "City"). WITNESSETH: WHEREAS, the State and the City executed an agreement dated July 1, 1983, pursuant to which the City has received financial assistance from the State as authorized by the"City-County Tourist Meeting and Entertainment Facilities Assistance Law," Act 763, Acts of Arkansas of 1977, as amended; and WHEREAS, a copy of said agreement is attached hereto marked Exhibit "A" and incorporated herein by reference thereto; and WHEREAS, said agreement provides that the term thereof shall be for two (2) years commencing July 1, 1983, but subject to approval of the General Assembly, will be extended from time to time for additional terms, which additional terms shall not exceed two (2) years; and WHEREAS, said agreement provides that the City will recertify, at the beginning of each two year term that said agreement is extended, for the State's consideration and determi- nation, the additional State sales and income tax revenues to be generated by said Tourist Meeting Facilities of the City during the ensuing term all for the purpose of computing the amount of State assistance to be paid the City for said ensuing term. NOW, THEREFORE, THE PARTIES HERETO MUTUALLY AGREE AS FOLLOWS: I. The aforesaid agreement between the State and City dated July 1, 1983, shall be extended for an additional term of two (2) years commencing July 1, 1997. II. The City certifies to the State that the additional State sales and income tax revenues to be derived from the City's Tourist Meeting Facilities is estimated, pro3ected or found to be $450,616 for the fiscal year 1997-1998 and $450,616 for the fiscal year 1998-1999. III. The State hereby covenants and agrees that it will certify to the State Treasurer the amount of assistance to be paid the City which the State hereby agrees to be the sum of $296,738 for the fiscal year 1997-1998 and $295,113 for the fiscal year 1998-1999 and directs the said treasurer to make quarterly payments to said City from the "City -County Tourist Facilities Aid Fund" established pursuant to the provisions of Act 763, Acts of Arkansas of 1977, as amended. IV. As modified by this agreement, the agreement between the State and the City dated July 1, 1983, shall continue to full force and effect. This AGREEMENT executed in duplicate originals as of the c723Ad day of 1 1917. • As • • • EXHIBIT 'A' Page l of AGREEMENT • THIS AGREEMENT made and entered into this 1st day of Jdly, 1983, by and -between the State Board of Finance, an Agency of the State of Arkansas (hereinafter called 'State') and the City of Fayetteville, Arkansas, a city of the first class organized and exist ing pursuant to the laws of the State of Arkansas (hereinafter called 'City'): WITNESSETH WHEREAS, Act 763, Acts of Arkansas of 1977, as amended, includ- ing Act 356, Acts of Arkansas, 1983, cited as the 'City -County Tourist Meeting and Entertainment Facilities Assistance Law,' Authorizes financial.assistancn to anllifvtna cities and counties for constructing and/or securing tourist and entertainment facili- ties: and WHEREAS, the General Assembly, in the enactment of said legis- lation, found and determined that 'it is in the interest of both the State and its Cities and Counties for the State to assist any City or County in financing tourist meeting facilities and tourist entertainment facilities by paying to the City or County a portion of the increased State Sales Tax revenues and State Income Tax revenues attributable thereto as in this Act provided:: and WHEREAS, the City has constructed in the said City. 'tourist meeting facilities' being a convention center and has made appro- priate application to the State for financial assistance for said facilities til •l.. •ki::rin; and ccaform_n_a rt .+iaions of said legislation; and WHEREAS, the State, after notice and in keeping with all other provisions of Act 763, Acts of Arkansas of 1977, as amended, in- cluding Act 3S6, Acts of Arkansas, 1983, held a public hearing on March L. 1983 on the City's application and following such public hearing made the following findings and determinations: (a) That the tourist ceeting facilities of and by the City• are eligible facilities and have been financed by the IPS • • • • EXHIBIT 'A" Page 2 of 4 City through the issuance of Four Million and Four Hundred Seventy - Five Thousand and 00/100 (54,475,000.00) Dollars in Tourism Revenue Bonds issued by the City under Act No. 380 of the Acts of Arkansas of 1971, as amended; that the financing of such facilities tihrough a combination of the City's bonds and state assistance under Act 763, Acts of Arkansas of 1977, as amended, including Act 356, Aqts of Arkansas, 1983, is in the beat interest of the City and the State and the City's application should be approved. (b) That the additional State Sales and Income Tax revenues to be derived from the City's tourist meeting facilities is esti- mated and projected and found to be $122,278.00 for the fiscal year 1983-1984 and 5179,759.00 for the fiscal year 1984-1985. . (c) That the investment multiplier for computing additional State Sales and Income Tax revenues is fixed at 4x. (d) That the debt service requirements of the City for the bonds issued to finance these facilities for the years 1982 through 2014 are set forth on page 3 of the City's application for state • .---:.Ltt.: t _:.py _- : -c.a. .2=kod Exhibit E., it Wit:....: 1:.:.. and made a part hereof as though set out herein word for word. (e) That the State assistance shall be two/thirds (2/3) of the additional State Sales and Income Tax revenues herein estimated and projected to be generated by the facilities annually, but in no case shall such exceed eighty (80%) percent of the annual debt service on the bonds issued to finance the facilities. NOW, THEREFORE, THE PARTIES HERETO MUTUALLY AGREE AS FOLLOWS: I. The parties hereto mutually understand and agree that this contract is made and entered into in keeping with and pursuant to authority of Act 763, Acts of Arkansas of 1977, as amended, includ- ing Act 356, Acts of Arkansas. 1983. II. The State hereby covenants and agrees to pay to the City for debt services as reflected on page 3 of Exhibit "A' attached hereto on the City's bonds hereinabove described issued to finance • • • • • EXHIBIT •A' Page 3 of f the tourist meeting facilities an amount equal to two-thirds (2/3) of the additional State Sales and Income Tax revenues hereinabove estimated and projected to be generated by said tourist facilities as described in the City's application, but not more than eighty (80%) percent of the annual debt service requirements of said bonds. III. The State hereby covenants and agrees that it will certify to the State Treasurer the amount of assistance to be paid the City which the State hereby agrees to be the sum of S81.539.00 for the fiscal year 1983-1984 and the sum of $119,839.00 for fiscal year 1984-1985 and directs the said Treasurer to make quarterly' payments to said City from the 'City -Counties Tourist Facilities Aid Fund' established pursuant to the provisions of Act 763. Acts of Arkansas of 1971. as amended, including Act 356. Acts of Arkansas, iyb3. It is understood by the parties that the City will recertify, at the beginning of each two year term that this Agreement is extended, if any, for the State's consideration and determination, the additional State sales and income tax revenues to be generated by said tourist meeting facilities of the City dur- ing the ensuing term all for the purpose of computing the amount of state assistance to be paid the City for said ensuing term. • IV. Payment of such assistance funds by the State shall be made to the Trustee designated by the holder of the City's bonds (First Bank & Trust Company of Mountain Pome, Arkansas or its successor) and said Trustee shall apply alt -such funds received from said City -County Tourist Facilities Aid Fund to the payment of or redemption of said bonds of the City and to the payment of interest thereon. City covenants that any remaining funds re- ceived from the State after retirement of said bonds shall be returned forthwith to the State Treasurer. • • • c EXHIBIT 'A' Page of V. Payment of assistance funds as provided for herein is subject to approval by and appropriation of the General Assembly of the State of Arkansas and nothing herein contained shall'be construed to be a demand of the General Assembly to make any appropriation pursuant to Act 763, Acts of Arkansas of 1977, as amended. includ- ing Act 356, Acts of Arkansas, 1983, or to prohibit the General Assembly from amending or repealing the said Act at any time. VI. • The term of this Agreement shall be for two (2) years commenc- ing July 1, 1983. but subject to approval of the General Assembly, will be extended from time -to -time for additional terms. which additional terms shall not exceed two (2) years. This Agreement may be executed in duplicate of counterparts, each of which when so executed and delivered shall constitute an nrini.nei. hat all of which together shall constitute one and the same Agreement. THIS AGREEMENT executed in duplicate originals this 1st day of July, 1983. ATTEST: ATTEST: f City Clekk 1 !Jfi 41 STATE BOARD OF FINANCE By, "RN 1,•�L•\�•C.t:-1:�._ CITY OraAYET/TEVILII'E. ARXANSAS ,, City of Fayetteville, Arkansas . and the Continuing Education Center Estimated Tax Revenues to be Derived For Fiscal Years July 1, 1997 — June 30, 1998 and July 1, 1998 — June 30, 1999 CALCULATION: Estimated number of delegates per year Estimated spending per delegate per day Average number of days per delegate Multiplier Tax factor Estimated tax revenues per year Estimated tax revenues per year Allowable turnback per original contract Allowable turnback assistance per year for 1997-1998 and 1998-1999 1C:tbcal TURNBACK LIMIT: Debt service requirements on City of Fayetteville Continuing Education Center Bonds — 7/01/97-6/30/98 Limit per original contract Limit on turnback assistance for 1997-1998 Debt service requirements on City of Fayetteville Continuing Education Center Bonds — 7/01/98-6/30/99 Limit per original contract Limit on turnback assistance for 1998-1999 5,550 165 97 921,134 2.384 2,195,982 4 8,783,929 0.0513 450,616 450,616 66 67% 300,425 370,923 80.00% 296,738 368,891 80.00% 295,113 City of Fayetteville, Arkansas and the Continuing Education Center Estimated Tax Revenues to be Derived For Fiscal Years July 1, 1997 — June 30, 1998 and July 1, 1998 — June 30, 1999 CALCULATION BASES: Estimated number of convention delegates per year— Based on actual delegate count of 11,100 from 07/01/94 — 06/30/96 Estimated spending per delegate per day — Based on a a 1993 survey conducted by the International Association of Convention and Visitor Bureaus. Adjusted by Cost of Living Index for Fayetteville—Springdale Area produced by the American Chamber of Commerce Researchers Association. Average number of days per delegate — Based on actual delegate days 7/01/94 — 6/30/96 of 26,464 divided by number of delegates of 11,100 \C:tbcal 5,550 183.39 90.50% 165.97 2.384 Multiplier as in original agreement 4 Tax factor — supplied by the Little Rock Convention Center .0513 17A lbonddebt CITY OF FAYETTEVILLE, ARKANSAS SUMMARY OF BONDED INDEBTEDNESS As of December 31, 1995 HOTEL AND RESTAURANT GROSS RECEIPTS TAX REFUNDING BONDS, SERIES, 1995 Year Interest Rate Principal October 1 Interest April 1 1996 1997 1998 1999 2000 2001 2002 2003 2004 4.250% 4.500% 4.750% 4.900% 5.000% 5.100% 5.150% 5.200% 5.250% 245,000 255,000 265,000 280,000 295,000 310,000 325,000 340,000 360,000 $2,675,000 77,042 60,830 55,093 48,799 41,939 34,564 26,659 18,290 9,450 $372,666 October 1 66,036 60,830 55,092 48,799 41,939 34,564 26,659 18,290 9,450 $361,659 Total 388,078 376,660 375,185 377,598 378,878 379,128 378,318 376,580 378,900 $3,409,325 I10U-03-1994 11:00 IRCUE 2022967889 P.01'03 BINTERNATIONAL ASSOCIATION OF CONVENTION & VISITOR BUREAUS 2000 L Street. NW. Suite 702 • Washington. DC USA 20036-4990 • Phonc: 202/296-7888 • Fax: 202/296.7889 Facsimile Cover Sheet Comments: Dort't Miss These Upcoming IACVB Events & Programs! February 7, 1995 • Destinations Showcase • Chicago, IL USA February 8, 1995 • IACVB Foundation 2nd Annual Fundraising Gala • Washington, DC USA February 9, 1995 • Destinations Showcase • Washington, DC USA February 18-21, 1995 • Mld-Winter Management & Education Conference • Kansas City, MO USA July 15-18, 1995 • IACVB Slst Annual Convention • Phoenix, AZ USA To: E_fti,ma b& -V Company: WS (.,t Sf cit Q2 ttt Ali I dark G Phone: i lso Sri s -%a79-- Fax: (sod C7r- g�s9 . From:RIP-P;(10( c-partskr Company: IACVB International Headquarters Phone: 202/296-7888 202/296-7889 11-i- '- Fax: Date: Pages including this cover page: 3 Comments: Dort't Miss These Upcoming IACVB Events & Programs! February 7, 1995 • Destinations Showcase • Chicago, IL USA February 8, 1995 • IACVB Foundation 2nd Annual Fundraising Gala • Washington, DC USA February 9, 1995 • Destinations Showcase • Washington, DC USA February 18-21, 1995 • Mld-Winter Management & Education Conference • Kansas City, MO USA July 15-18, 1995 • IACVB Slst Annual Convention • Phoenix, AZ USA ph .N00-03-1994 11:01 IRCUB 2022967889 P.03'03 Breakdown of Delegate Expenditures All Conventions Type of Expenditure Hotel Rooms Hotel Restaurants Other Restaurants Hospitality Suites Admission to Shows Recreation Sporting Events Sightseeing Retail Stores Local Transport Auto Rectal Gasoline Other Total Darr Pa Dckgue a 3.4E Total Expenditures 5294.16 77.25 78.53 21.11 10.97 5.00 249 9.63 82.69 12.31 16.66 9.19 1821 5638.20 Percent of Total Table 2 Daily Expendltures 384.53 2220 2237 6.07 3.15 1A4 0.72 2.77 23.76 3.54 4.79 2.64 5.21 X183.39 Hotel PDX= . 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