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HomeMy WebLinkAboutItem 08 - Support of Super Bowl XLV in 2011Suppor to Super Bowl XLV in 2011 ® The City Council will direct City departments and personnel to cooperate with the Host Committee and coordinate City services related to the Super Bowl and its related Super Bowl Activities with those from other jurisdictions in the North Texas Region. Dallas, Fort Worth, Arlington, Grand Prairie and Grapevine will be asked to approve this resolution. The Department Heads and City Attorney have reviewed the resolution and concur with its approval. The Super Bowl Committee will submit its bid April 2nd and we will be notified by the NFL of the successful bid by May 23rd -2- RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, REGARDING ASSURANCES TO THE NFL CONCERNING SUPPORT FOR SUPER BOWL XLV AND PROVING AN EFFECTIVE DATE WHEREAS, the National Football League (the "League") owns, produces and controls the annual professional football championship game known as the "Super Bowl," the largest national annual sporting event held in this country; NFL Properties LLC ("NFLP" or, together with the League, the "NFL") owns, produces and controls the "NFL Experience," and along with other NFL Affiliates owns, produces and controls certain other events associated with the Super Bowl ("Official Events") (Official Events together with North Texas Super Bowl XLV Bidding Committee, Inc. ("Host Committee") events are referred as "Super Bowl Activities"); and WHEREAS, a Super Bowl has never been held in the North Texas Region; and WHEREAS, the City of Grapevine along with the entire North Texas Region is desirous of hosting Super Bowl XLV and its related Super Bowl Activities; and WHEREAS, the North Texas Region hosting Super Bowl XLV and its related Super Bowl Activities will generate goodwill, enhance the worldwide renown and prestige of the City of Grapevine, create temporary jobs and create substantial beneficial economic and fiscal activity; and WHEREAS, the City of Grapevine has within its jurisdiction facilities and their premises, access roads, thoroughfares and other areas which may be used for the purposes of organizing, financing, promoting, accommodating, staging and conducting Super Bowl XLV and its related Super Bowl Activities; and WHEREAS, the City of Grapevine Police Department is officially charged with the responsibility to provide public safety services within its jurisdiction; and WHEREAS, the City of Grapevine Fire Department is officially charged with the responsibility to provide fire and medical emergency services within its jurisdiction; and WHEREAS, the Texas Department of Transportation is officially charged with the responsibility to provide vehicle registration services within the State of Texas; and WHEREAS, the City of Grapevine is officially charged with the responsibility to license and regulate the use of motor vehicles for compensation within its jurisdiction; and WHEREAS, the City of Grapevine has been requested by the NFL to provide various assurances concerning the performance of reasonably necessary governmental services to accommodate, stage and conduct Super Bowl XLV and its related Super Bowl Activities; and WHEREAS, as part of the formal bid of the North Texas Region to be designated as the site for Super Bowl XLV and its related Super Bowl Activities and in anticipation of accommodating arriving Super Bowl visitors if the North Texas Region is so designated, the City Council of the City of Grapevine wants to express its support for Super Bowl XLV and its related Super Bowl Activities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS Section 1. That the findings contained in the preamble of this Resolution are determined to be true and correct and are hereby adopted as a part of this Resolution. Section 2. That the City of Grapevine welcomes Super Bowl XLV and its related Super Bowl Activities to its jurisdiction and to that end declares its full support of the efforts of the Host Committee to have the North Texas Region selected as the site for Super Bowl XLV. Section 3. That, subject to the provisions of Section 12 herein and upon designation of the North Texas Region as the site for Super Bowl XLV, and at all times thereafter, the City of Grapevine, and its agencies, departments and personnel, agree to provide the following services at no cost, expense or liability to the NFL or the two participating Teams (the "Teams") or the Host Committee (whether, recognizing the uniqueness and extraordinary scope of the Super Bowl, such services are below, equal to or beyond the normal level and range of public safety services usually provided for events held within the jurisdiction), including all planning, training or deployment activities related to the provision of such services: (a) law enforcement and public safety services (including without limitation proper vehicular and pedestrian traffic control, security, police escorts from time to time as requested by the NFL and the Teams, other police services and supplies for the protection of people and property) reasonably necessary to the success of Super Bowl XLV and its related Super Bowl Activities within the City of Grapevine; and (b) fire and medical emergency services (including without limitation proper fire safety enforcement, emergency dispatch and paramedic services and supplies for the protection of people and property) reasonably necessary to the success of Super Bowl XLV and its related Super Bowl Activities within the City of Grapevine; and (c) other governmental services (including without limitation traffic, decorative display and public works/street maintenance services and supplies) reasonably necessary to the success of Super Bowl XLV and its related Super Bowl Activities within the City of Grapevine. RES. NO. 2 Section 4. That the City of Grapevine agrees that it shall not authorize any sponsorships of the City of Grapevine during the two weeks prior, through the week following, of Super Bowl XLV and its related Super Bowl Activities. Section 5. That to the best of its knowledge and to the extent permitted by law, the City Council of the City of Grapevine believes that there are no local taxes, assessments or fees imposed by the City of Grapevine on gross receipts from admission tickets to sporting, cultural or entertainment events, such that neither the NFL nor the Teams, nor the Host Committee, nor any director, officer, shareholder, agent, employee or other representative of the NFL or the Teams or the Host Committee should be held accountable for or incur any financial responsibility or liability of any kind or nature whatsoever, in connection with any tax assessments by the City of Grapevine on admission tickets to Super Bowl Activities within the City of Grapevine, except with respect to the general 1.00% local sales and use tax imposed by the City of Grapevine pursuant to Texas Tax Code Chapter 321, a 0.5% local sales and use tax for the City's Crime Control and Prevention District, and a 0.5% local sales and use tax for the City's 413 Economic Development Corporation, on tickets to events held within the City of Grapevine when the exclusive provider (as defined in the Texas Administrative Code) of such events is other than the League or the Host Committee or other similar non-profit corporations or associations, as provided in the Texas Tax Code. Section 6. That to the best of its knowledge and to the extent permitted by law, the City Council of the City of Grapevine believes that there are no local payroll (unemployment and withholding) or local income taxes imposed by the City of Grapevine applicable to NFL or any of its affiliates (including, without limitation, the thirty-two member clubs of the NFL ("Member Clubs"), NFL Ventures, L.P., NFL Ventures, Inc., NFL Properties LLC, NFL Enterprises LLC, NFL International LLC, PLP Ventures Inc. or NFL Productions LLC in the conduct of its "Super Bowl activities." "Super Bowl activities" is defined to mean any and all activities, including preparatory site visits in advance of the event; NFL sponsored events during the Super Bowl and activities following the event, carried out by the NFL, its personnel and other authorized NFL agents solely for the purpose of holding the Super Bowl. Section 7. That City Council recognizes that the NFL will require numerous buses, vans and automobiles ("Official Vehicles") to transport teams, referees, members of the media and other members of the NFL delegation and guests during Super Bowl XLV and its related Super Bowl Activities, many of which will likely be furnished on a temporary basis by official sponsors of the event. Upon designation of the North Texas Region as the site for Super Bowl XLV and related Official Events, and during a period beginning 60 days before and ending 30 days after Super Bowl XLV, the City of Grapevine shall exempt all Official Vehicles of the NFL from any City of Grapevine licensing requirements and fees and shall provide all City of Grapevine vehicle licensing services reasonably necessary to the success of Super Bowl XLV and its related Super Bowl Activities within its jurisdiction, including all planning, training or deployment activities related to the provision of such services, all at no cost, expense or liability to the NFL or the Teams or the Host Committee. Upon designation of the North Texas Region as the site for Super Bowl XLV, City Council hereby commits its support, RES. NO. 3 to the extent permitted by applicable law, for working with the Texas Department of Transportation to exempt all Official Vehicles of the NFL from State of Texas vehicle registration requirements and fees during a period beginning 60 days before and ending 30 days after Super Bowl XLV and to provide all State of Texas vehicle licensing services reasonably necessary to the success of Super Bowl XLV and its related Super Bowl Activities, including all planning, training or deployment activities related to the provision of such services, all at no cost, expense or liability to the NFL or the Teams or the Host Committee. Section 8. That upon designation of the North Texas Region as the site for Super Bowl XLV, and at all times thereafter, the City of Grapevine shall request and use best efforts to have the Department of Homeland Security provide temporary flight restrictions ("TFRs") including without limitation the restriction of sightseeing, media, advertising and other aircraft over and around the stadium selected for the Super Bowl (the "Stadium") within the North Texas Region. The TFRs should be in effect within a 10 nautical mile radius of the Stadium at and below 18,000 feet Mean Sea Level and should be in effect from four (4) hours prior to starting time until two (2) hours after the conclusion of Super Bowl XLV, all at no cost, expense or liability to the NFL or the Teams or the Host Committee. Section 9. That upon designation of the North Texas Region as the site for Super Bowl XLV, City Council acknowledges the unique and temporary status of construction related to the Super Bowl and its Super Bowl Activities and shall work with the City Manager, the Building Inspections Department and Fire Marshal to facilitate the expedient construction of such temporary structures at all venues throughout the City of Grapevine related to the Super Bowl and its related Super Bowl Activities. Section 10. That, upon designation of the North Texas Region as the site for Super Bowl XLV, City Council hereby directs all City agencies, departments and personnel to coordinate all governmental services within the City with those from other jurisdictions in the North Texas Region, State of Texas and other appropriate governmental authorities and organizations, and to cooperate with the Host Committee to ensure that the North Texas Region is the best possible host of Super Bowl XLV and its related Super Bowl Activities. Section 11. That the City of Grapevine agrees that except as otherwise specifically agreed to by the parties, neither the NFL, the Teams, the Host Committee, nor any director, shareholder, officer, agent, employee or other representative of the NFL or the Teams or the Host Committee shall be held accountable for or incur any financial responsibility or liability of any kind or nature whatsoever in connection with the governmental services planned and/or provided relating to Super Bowl XLV and its related Super Bowl Activities (including without limitation law enforcement and public safety services, fire and emergency medical services, construction and permitting services, and coordination with other governmental authorities). Section 12. That notwithstanding any provision above that may be construed to the contrary, any and all services or other support to be provided by the City of RES. NO. 4 Grapevine shall be subject to the appropriation of funds therefor by the City Council, either through the budget for the fiscal year in which such services or support are to be provided or otherwise, and shall at all times be subject to the management and direction of the City Manager or his designee. Section 13. That this resolution shall take effect from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 20th day March, 2007. ATTEST: APPROVED AS TO FORM: RES. NO. 5