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ORD 2008-33 - HOT Board Established 09-02-2008ORDINANCE NO. 2008-33 AN ORDINANCE ESTABLISHING THE HUNTSVILLE HOTEL OCCUPANCY TAX BOARD; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council has authorized a hotel occupancy tax and has delegated the management or supervision of programs and activities funded with hotel occupancy tax revenue to another entity or entities; and WHEREAS, the City Council desires to appoint individuals to an advisory board which can assist City Council in receiving and reviewing certain information which delegate entities are required to furnish the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: An ordinance to establish a Hotel Occupancy Tax Advisory Board shall read as follows: Section 1: Hotel Occupancy Tax Advisory Board created; composition; qualifications, compensation, maximum term of members. A. There is hereby created and established a Hotel Occupancy Tax Board, an advisory board, to be composed of five (5) members. B. Members of the Hotel Occupancy Tax Advisory Board shall serve without compensation. No member shall serve more than two (2) consecutive terms beyond any unexpired term that they are appointed to fill. Any person over IS 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 (3) members of the board shall live in the City. Members of Council may serve on the board, provided however no more than four shall serve at any one time. Section 2: Appointment, tenure of members. A. The original members of such board shall be appointed by the Mayor by and with the advice and consent of the City Council. B. Each member shall hold office for a term of three (3) years, except that of those first appointed, one (1) shall hold office for a term of one (1) year, and two (2) other members shall hold office for a term of two (2) years, and two (2) other members shall hold office for a term of three (3) years, the term of each to be determined by lot, and thereafter their successors shall hold office for three (3) years and until their successors are appointed. C. 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. Section 3: Filling of vacancies; removal of members. A. Whenever a vacancy shall occur as a result of death, resignation, removal or expiration of the term of office of any member of the board, the Mayor, with the advice and consent of the City Council shall appoint the person to serve the unexpired term or new term as applicable. B. Any member of the board may be removed from office by the City Council for any cause deemed by the City Council sufficient for the board member's removal in the interest of the public service. Section 4. Officers; meetings. A. The board shall select its chair and a vice -chair at its next regular meeting after July. Such terms shall be for one year. B. The board shall meet at least quarterly. Additional meetings may be called by the chair or at the request of City Council. Section 5: Powers and duties of Hotel Occupancy Tax Board 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. B. The board shall make reports at least two times per year to Council, at least one of which shall include oral presentation to 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 Board shall not be prerequisite to any action City Council may undertake regarding any matter concerning the Hotel Occupancy Tax. SECTION 2: If any portion of this Ordinance shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the City Council determines that it would have adopted this Ordinance without the invalid provision. SECTION 3: This Ordinance shall take effective immediately from and after the date of its passage. PASSED AND APPROVED THIS 2ND DAY OF SEPTEMBER 2008. W Brim, City Secretary APPROVED AS TO FORM: Thomas A. Le' r, dity Attorney