HomeMy WebLinkAboutRES 2007-017 RESOLUTION NO. 2007-17
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. 2007-17 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
4B 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. 2007-17 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, 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 9. 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 10. 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 11. 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
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 12. 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.
RES. NO. 2007-17 4
APPROVED:
William D. Tate
Mayor
ATTEST:
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Linea Huff
City Secretary Id
APPROVED AS TO FORM:
Matthew Boyle
City Attorney
RES. NO. 2007-17 5