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Ordinance No. 2023-15 ORDINANCE NO. 2023 - 15 AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS AMENDING CHAPTER 42, "TAXATION”, ARTICLE III, HOTEL AND MOTEL OCCUPANCY TAX, OF THE CODE OF ORDINANCES, CITY OF HUNTSVILLE, TEXAS; PROVIDING FOR A REPEALER AND SAVINGS CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PROPER NOTICE AND OPEN MEETINGS VHEREAS, the City of HUNTSVILLE ("City") is a Texas home-rule municipality; and WHEREAS, pursuant to Texas Local Government Code, Section 51.001, the City has the authority to adopt ordinances and regulations that are for good government. peace and order of the City: and WHEREAS, the City Council of the City of Huntsville, Texas ("City Council") has authorized a hotel occupancy tax; and WHEREAS, this ordinance amends Section 42-65 of Chapter 42 of the Code of Ordinances; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTIO 1: The facts and matters set forth in the preamble of this Ordinance are found to be true and correct and are hereby adopted. ratified, and confirmed. SECTIO 2: Huntsville Code of Ordinances Chapter 42 'Taxation" is hereby amended by amending section 42-65(a) as shown in the attached Exhibit “A'' which is incorporated herein for all purposes. SECTION 3: All ordinances or parts of Ordinances that are in conflict or inconsistent with the provisions of this Ordinance shall be, and the same are hereby. repealed and all other ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 4: Should any paragraph, sentence, clause. phrase or section of this Ordinance be adjudged or held to be unconstitutional. illegal or invalid, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional. SECTION 5: This Ordinance shall take effective immediately from and after the date of its passage. PASSED AND APPROVED THIS 5th DAY OF ATTEST: APPROVED AS TO FORM:  CHAPTER 42- TAXATION EXHIBIT A ARTICLE Ill. HOTEL AND MOTEL OCCUPANCY TAX DIVISION 2. TOURISM ADVISORY BOARD Sec. 42-65. - Powers and duties. (a) The board shall review all reports and information submitted by any entity, whether a governmental entity or private organization, to which the city has delegated the management or supervision of programs and activities funded with hotel occupancy tax revenue. The information and reports shall include any matter required by state statute to be reported to the city council or any other city authority, and shall include, but not be limited to. entities' annual budget, annual audit, monthly activity report, monthly financial summary of city hotel occupancy tax funds, and revenue and expenditures summary reports. Se,. 9.605 duties and powers.. The airport advisory board is hereby charged \with the duty and invested with the authority to: Inspect city owned premises at reasonable hours where required in the discharge of its responsibilities under the laws of the state and of the city. Formulate and recommend to the city council f-Or its adoption a comprehensive plan for the orderly growth and development of the airport and its environs, and from time to time recommend such changes in the plan as it finds will facilitate the movement of people and goods, and the health, recreation, safety, and general welfare of the citizens of the city. (J) Maintain working knowledge of legislation as it pertains to the airport. Conduct periodic studies. inspections and other analysis of city 011med premises. as well as any other unannounced inspections at all reasonable hours as the board deems necessary. Advise the city council as to rules and regulations of the Federal Aviation Administration. Receive any and all status reports of the management or lessors of tt:le airport, concerning damages, maintenance, traffic, facilities, building, rates and fees. and other reports as directed by the city council. The airport advisory board shall not have any authority to expend city funds except as provided in the annual city budget; hire, appoint or terminate staff; or create any other obligation on the part of the city. Secs. 42-66-42-79.- Reserved ORDINANCE NO. 2021-32 AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS AMENDING CHAPTER I 0, "AVIATION", OF THE CODE OF ORDINANCES, CITY OF HUNTSVILLE, TEXAS; PROVIDING FOR A REPEALER AND SAVINGS CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PROPER NOTICE AND OPEN MEETINGS WHEREAS, the City of HUNTSVILLE ("City") is a Texas home-rule municipality; and WHEREAS, pursuant to Texas Local Government Code, Section 51.00 I, the City has the authority to adopt ordinances and regulations that are for good government, peace and order of the City and WHEREAS, the City of Huntsville, Texas owns the Bruce Brother's Huntsville Regional Airport; and WHEREAS, the City Council supports the growth and development of the aviation industry in Huntsville; and WHEREAS, this ordinance adds Article Ill "Airport Advisory Board" to Chapter 10, "Aviation•· of the Code of Ordinances to create an Airport Advisory Board to make recommendations to the City Council regarding the operation, growth, and promotion of the Bruce Brothers Huntsville Regional Airport; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: The facts and matters set forth in the preamble of this Ordinance are found to be true and correct and are hereby adopted, ratified, and confirmed. SECTION 2: Huntsville Code of Ordinances Chapter IO "Aviation" is hereby amended by adding Article Ill as shown in the attached Exhibit "A" which is incorporated herein for all purposes. SECTION 3: All ordinances or parts of Ordinances that are in conflict or inconsistent with the provisions of this Ordinance shall be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 4: Should any paragraph, sentence, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional. SECTION 5: This Ordinance shall take effective immediately from and after the date of its passage. PASSED AND APPROVED THIS 19TH DAY OF OCTOBER 2021 t 1 CITY OF HUNTSVILLE, TEXAS f.- ,' , ..f. .t.-..-. ;, I. ATTEST: . ,(uI nt,-...:.I . : • g Jt fi.'4W . \\i ayor & - ~ 1ty Secretary EXHIBIT A CHAPTER 1D·AVIATION ARTICLE HI. AIRPORT ADVISORY BOARD Sec. 10-40. - Created; composition; qualifications; compensation; maximum term of members. There is hereby created and established an Airport Advisory Board Board, an advisory board, to be composed of seven members. Members of the airport advisory board shall serve without compensation. No member shall serve more than two consecutive terms beyond any unexpired term that they are appointed to fill. Any person over 18 years of age living in the city or working in the city shall be eligible to serve on the advisory board, provided at least four members of the board shall live in the city. Sec. 10-41. - Appointment; tenure of members. The original members of such board shall be appointed by the mayor by and with the advice and consent of the city council. All Airport Advisory Board members, regardless of background, must have a known and demonstrated interest, competence, or knowledge In aviation within the City of Huntsville. Each member shall reside within Walker County. Each member shall hold office for a term of three years, except that of those first appointed, three shall hold office for a term of one year, and two other members shall hold office for a term of two years, and two other members shall hold office for a term of three years, the term of each to be determined by lot, and thereafter, their successors shall hold office for three years and until their successors are appointed. The city council will each year-act upon appointments made to the board by the mayor with the advice and consent of the city council in filling expired terms of members of the board. Sec. 10-42. - Officers; meetings. The board shall select its chair and a vice-chair at its first meeting of the calendar year. Such terms shall be for one year. The board shall conduct its meetings in accordance with "Roberts Rules of Order Revised" provided that such shall not be in conflict with the City Charter or other provisions of law. The board shall meet at least quarterly. Additional meetings may be called by the chair or at the request of city council. A quorum shall consist of a majority of the entire membership of the Board and any issue to be voted on shall be resolved by those present. The Chairman shall be entitled to vote upon any issue but shall have no veto power. No person having any financial interest in any commercial carrier by air, or in any concession, right or privilege to conduct any business or render any service for compensation upon the premises of the airport shall be eligible for membership on the board. Sec. 10-43. -Airport Advisory Board function The Airport Advisory Board shall have the following duties: Make recommendations to the City Council concerning leases and permits; From time to time make such general studies of airport construction and operation as may be useful in keeping the Airport efficient and adequate for the needs of the City and of the air transportation industry Make recommendations to the City Council with respect to Airport construction, expansion, improvements, maintenance and operation, airport zoning regulations, airport hazard zoning regulations, and airport compatible land use regulations; In an advisory capacity, work toward the implementation of the airport master plan, the general improvement of the Airport, and the advancement of the City as an air transportation center. (b} The Airport Advisory Board shall not have any authority to expend city funds except as provided in the annual city budget; hire, appoint or terminate staff; or create any other obligation on the part of the City. Sec. 10-44-10-50. - Reserved Sec. 42-65. - Powers and duties. Sec. 9.605 Duties and Powers The airport advisory board is hereby charged with the duty and invested with the authority to: (1) Inspect city-owned premises at reasonable hours where required in the discharge of its responsibilities under the laws of the state and of the city. (2) Formulate and recommend to the city council for its adoption a comprehensive plan for the orderly growth and development of the airport and its environs, and from time-to-time recommend such changes in the plan as it finds will facilitate the movement of people and goods, and the health, recreation, safety, and general welfare of the citizens of the city. (3) Maintain working knowledge of legislation as it pertains to the airport. (4) Conduct periodic studies, inspections and other analysis of city­ owned premises, as well as any other unannounced inspections at all reasonable hours as the board deems necessary. (5) Advise the city council as to rules and regulations of the Federal Aviation Administration. (6) Receive any and all status reports of the management or lessors of the airport, concerning damages, maintenance, traffic, facilities, building, rates and fees, and other reports as directed by the city council. (7) The airport advisory board shall not have any authority to expend city funds except as provided in the annual city budget; hire, appoint or terminate staff; or create any other obligation on the part of the city. (Ord. No. 2008-33, § 1(5), 9-2-2008) Secs. 42-66-42-79. • Reserved. ORDINANCE NO. 2021-23 AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS AMENDING CHAPTER 42, "TAXATION", ARTICLE Ill, HOTEL AND MOTEL OCCUPANCY TAX, OF THE CODE OF ORDINANCES, CITY OF HUNTSVILLE, TEXAS; PROVIDING FOR A REPEALER AND SAVINGS CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PROPER NOTICE AND OPEN MEETINGS WHEREAS, the City of HUNTSVILLE ("City") is a Texas home-rule municipality; and WHEREAS, pursuant to Texas Local Government Code, Section 5 l .00I, the City has the authority to adopt ordinances and regulations that are for good government, peace, and order of the City; and WHEREAS, the City Council of the City of Huntsville, Texas ('•City Council") has authorized a hotel occupancy tax; and WHEREAS, the City Council previously adopted Ordinance No. 2008-33 creating a Hotel Tax Advisory Board ("Board") to manage and supervise the programs and activities funded with hotel occupancy tax revenue; WHEREAS, this ordinance amends Sections 42-61, 42-62, 42-64, and 42-65 of Chapter 42 of the Code of Ordinances to restructure the Hotel Occupancy Advisory Board to operate as a Tourism Advisory Board to promote tourism and support the industries within the city that directly affect tourism; and WHEAREAS, the board may consist of members of various industries related to tourism within the City and advise the Tourism Staff on such matters as may be referred to it, including the administration of grant programs, advertising, and other activities for the promotion of tourism; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION I: The facts and matters set forth in the preamble of this Ordinance are found to be true and correct and are hereby adopted, ratified, and confirmed. SECTION 2: Huntsville Code of Ordinances Chapter42 "Taxation" is hereby amended by amending sections 42-61, 42-62, 42-64, and 42-65 as shown in the attached Exhibit ..A" which is incorporated herein for all purposes. SECTION 3: All ordinances or parts of Ordinances that are in conflict or inconsistent with the provisions of this Ordinance shall be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 4: Should any paragraph. sentence, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall nol affect the validity of this Ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional. SECTION 5: This Ordinance shall take effective immediately from and after the date ofits passage. PASSED AND APPROVED THIS 3rd OF l , t."u . 2021. ATTEST: . / STOFORM: ider, City Attorney Exhibit A CHAPTER 42-TAXATION ARTICLE Ill. HOTEL AND MOTEL OCCUPANCY TAX DIVISION 2. HOTEL OCCUPANCY TAX TOURISM ADVISORY BOARD Sec. 42 61. Created; compo sit ion; qualifications; compensation; maximum term of members. There is hereby created and established a hotel occupancy tax tourrsm board, an advisory board, to be composed of five nine members. Members of the hotel occupancy tax tourism advisory board shall serve without compensation. No member shall serve more than two consecutive terms beyond any unexpired term that they are appointed to fill. Any person over 18 years of age living in the city or working in the city shall be eligible to serve on the advisory board, provided at least three five members of the board shall live in the city. Members of the council may serve on the board, provided, however, no more than Four shall serve at any one time. (Ord. No. 2008-33. § 1(1). 9-2-2008) Sec. 42-62. • Appointment; tenure of members. The original members of such board shall be appointed by the mayor by and with the advice and consent of the city council. Each member shall hold office for a term of three years, except that of those first appointed, one three shall hold office for a term of one year, and two. three other members shall hold office for a term of two years, and two three other members shall hold office for a term of three years, the term of each to be determined by lot, and thereafter, their successors shall hold office for three years and until their successors are appointed. The city council will at its first official meeting in the month of July in each year (or as soon thereafter as practicable), act upon appointments made to the board by the mayor with the advice and consent of the city council in filling expired terms of members of the board. (Ord. No. 2008-33, § 1(3), 9-2-2008) Sec. 42-64. • Officers; meetings. The board shall select its chair and a vice-chair at its first meeting of the calendar year. Such terms shall be for one year. The board shall meet at least quarterly. Additional meetings may be called by the chair or at the request of city council. (Ord. No. 2008·33. § 1(4). 9-2-2008) Sec. 42-65. - Powers and duties. The board shall review atl reports and information submitted by any entity, whether a governmental entity or private organization, to which the city has delegated the management or supervision of programs and activities funded with hotel occupancy tax revenue. The information and reports shall include any matter required by state statute to be reported to the city council or any other city authority, and shall include, but not be limited to, entities' annual budget, annual audit, monthly activity report, monthly financial summary of city hotel occupancy tax funds, and revenue and expenditures summary reports. The board shall make reports at least two times per year to the council, at least one of which shall include oral presentation to the city council during a public session. The board may also make such recommendations to the city council as it deems appropriate regarding the administration of hotel occupancy tax revenues and regarding entities to which the city council has designated management and supervision of programs and activities funded by hotel occupancy tax revenue. Recommendations of the Hotel Occupancy Tax Tourism Advisory Board shall not be prerequisite to any action the city council may undertake regarding any matter concerning the hotel occupancy tax. The board shall support the City's tourism staff of matters of local concern and the promotion of tourism And support the industrist within the community that directly affect tourism. The board will also consider any other tourism related matters assigned to it by City Council. (Ord. No. 2008-33. § 1(5), 9-2-2008) Secs. 42-66-42-79. - Reserved.