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Home My WebLink AboutREG 2017-05-01 Item 5C - Ordinance/Resolution - Lodging Tax Advisory Committee LegislationCOUNCIL AGENDA SYNOPSIS ---------------------------------- blilialf --------------------------------- ITEM NO. Meeting Dale Prepared by Mayor's re, ielv Council review 04/24/17 LH Z Resolulion Al�g Date 511117 L 05/01/17 LH ❑ Other A ftg 1)(Ile SPONSOR ZCouncil ❑Alqyor ❑IIR ❑finance [:]Uire ❑ T'S ❑P&R Ej Police ❑PIF" ❑Cow-1 SPONSOR'S The proposed legislation would repeal existing resolutions establishing the Lodging Tax SUNIMARY Advisory Committee in order to codify that committee in the Municipal Code alongside the City's other boards, commissions and committees. The ordinance enacting the new LTAC Chapter of the Code provides greater detail on its provisions and is in alignment with current practices and State law. Rj'lvll"Wlm 13Y ❑ C.O.W. Mtg. ❑ CDN Comm r-1 Finance Comm. ❑ Public Safety Comm. F-1 Trans Mrifrastructurc [:] Arts Comm. ❑ Parks Comm. F-1 Planning Comm. i)xn,,1: 4/10/17 COMMI'I'FEE C11AIR: HOUGARDY RECOMMENDATIONS: SPONSOR/Ai)�\UN. COM M ""I" � F' Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE PXITNI)ITURI: Ri,"QUIRFII) AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 4/24/17 5.C. M SPONSOR: LAUREL HumPHREY 3/27/17 AG FINi).\ T'n,"mT i'i'i,r Lodging Tax Advisory Committee Legislation. C \,I,rl(;()RY Z Dh,elduion A kg Dale 4,124117 [:] Motion A I/ ,g Dale Z Resolulion Al�g Date 511117 Z Ordinance All Dale 511117 ❑ Bid.An)ard AV Date Iq F-j Public Heaiiq) Al g Dale ❑ Other A ftg 1)(Ile SPONSOR ZCouncil ❑Alqyor ❑IIR ❑finance [:]Uire ❑ T'S ❑P&R Ej Police ❑PIF" ❑Cow-1 SPONSOR'S The proposed legislation would repeal existing resolutions establishing the Lodging Tax SUNIMARY Advisory Committee in order to codify that committee in the Municipal Code alongside the City's other boards, commissions and committees. The ordinance enacting the new LTAC Chapter of the Code provides greater detail on its provisions and is in alignment with current practices and State law. Rj'lvll"Wlm 13Y ❑ C.O.W. Mtg. ❑ CDN Comm r-1 Finance Comm. ❑ Public Safety Comm. F-1 Trans Mrifrastructurc [:] Arts Comm. ❑ Parks Comm. F-1 Planning Comm. i)xn,,1: 4/10/17 COMMI'I'FEE C11AIR: HOUGARDY RECOMMENDATIONS: SPONSOR/Ai)�\UN. COM M ""I" � F' Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE PXITNI)ITURI: Ri,"QUIRFII) AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 4/24/17 Forward to next Regular Meeting MTG.DATEI ATTACHMENTS 4/24/17 Informational Memorandum dated 4/4/17 Ordinance in Draft Form, amended per CDN Committee discussion Resolution in Draft Form Resolution 1533 establishing LTAC Resolution 1381 increasing LTAC membership from 7 to 9 Minutes from the CDN Meeting of 4/10/17 5/1/17 Final ordinance and resolution— M .. Mlej City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 1690, THEREBY ELIMINATING THE ECONOMIC DEVELOPMENT ADVISORY BOARD; ESTABLISHING ORGANIZATIONAL STRUCTURE AND PROCEDURES FOR THE LODGING TAX ADVISORY COMMITTEE, TO BE CODIFIED AT CHAPTER 2.35 OF THE TUKWILA MUNICIPAL CODE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Municipal Research and Services Center has published a report outlining the components of best practices for Advisory Boards, Commissions and Committees; and WHEREAS, the City of Tukwila wants to update the Tukwila Municipal Code to incorporate these best practices as guidelines for our Advisory Boards, Commissions and Committees; and WHEREAS, the Lodging Tax Advisory Committee was established via Resolution No. 1381 in 1997; and WHEREAS, the City desires to reenact the organizational structure and procedures of the Lodging Tax Advisory Committee by ordinance, to be codified in Title 2 of the Tukwila Municipal Code for standardization with other City of Tukwila Advisory Boards, Commissions and Committees; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Repealer. Ordinance No. 1690 is hereby repealed in its entirety, thereby eliminating the Tukwila Municipal Code Chapter entitled, "Economic Development Advisory Board." Section 2. TMC Chapter 2.35 Reenacted. Tukwila Municipal Code (TMC) Chapter 2.35 is hereby reenacted as the Lodging Tax Advisory Committee to read as follows: W: Word Processing\Ordinances\Lodging Tax Advisory Cmte-TMC 2.35 4-25-17 Page 1 of 4 89 CT:bjs CHAPTER 2.35 LODGING TAX ADVISORY COMMITTEE Sections: 2.35.010 Establishment of Committee — Purpose 2.35.020 Membership 2.35.030 Committee Organization 2.35.040 Meetings 2.35.050 Reporting Requirements and Annual Review Section 3. TMC Section 2.35.010 is hereby reenacted to read as follows: 2.35.010 Establishment of Committee — Purpose Pursuant to RCW 67.28 the Tukwila Lodging Tax Advisory Committee is established to serve in an advisory capacity to the Mayor and the City Council, and shall submit to the Mayor and City Council any recommendations regarding: 1. any change or increase to the lodging tax; 2. the repeal or exemption from the tax; 3. the use of the revenue received from that tax; or 4. any change in the use of revenue received from that tax. Section 4. TMC Section 2.35.020 is hereby reenacted to read as follows: 2.35.020 Membership A. Qualifications. Members must have a connection to a business or activity in the City of Tukwila that either collects the lodging tax or is authorized to be funded by revenue received from the tax. B. Number of Members. The Committee shall be comprised of nine members that meet the requirements of TMC Section 2.35.020A and shall include: 1. One elected official of the City who shall serve as the Committee Chair; 2. Four representatives of businesses required to collect the lodging tax pursuant to RCW 67.28; and 3. Four representatives involved in activities authorized to be funded by revenue received from the tax pursuant to RCW 67.28. C. Appointment Process. Interested parties that meet the requirements stated in TMC Section 2.35.020, subparagraphs A and B, shall submit a completed Boards and Commissions Application to the Mayor's Office for processing by the City Council. The Mayor's Office will forward the application to the Committee's staff liaison. The Chair of the Lodging Tax Advisory Committee recommends appointments to the Committee and all appointments are confirmed by the City Council. W: Word Processing\Ordinances\Lodging Tax Advisory Cmte-TMC 2.35 4-25-17 Page 2 of 4 90 CT:bjs D. Term of Appointment. The City Council shall review and appoint members on an annual basis. E. Resignations. If a Committee member is unable to complete their term of service, a letter of resignation shall be sent to the Chair of the Committee indicating the effective date of the resignation. F. Vacancies. Any appointment to a position vacated other than by the expiration of the term of the appointment shall be to fill only the unexpired portion of said term. G. Revocation of Appointment. A Committee member may be removed from the position if absent without being excused for three regular meetings in a calendar year or if they no longer meet the membership qualifications as stated in TMC Section 2.35.020, subparagraphs A and B. Section 5. TMC Section 2.35.030 is hereby reenacted to read as follows: 2.35.030 Committee Organization The City Council President or designated Councilmember shall serve as the elected official on the Lodging Tax Advisory Committee and shall be the Committee Chair. It shall be the duty of the Chair to preside at all meetings. In the event the Chair is unavailable, the City Council shall designate an elected official to serve as a Chair Pro Tem. Section 6. TMC Section 2.35.040 is hereby reenacted to read as follows: 2.35.040 Meetings A. Conduct. The Committee shall hold at least one regular meeting per quarter. Committee meetings shall be conducted in public session and noticed in accordance with the Open Public Meetings Act (OPMA). B. By-Laws. The Committee shall adopt bylaws to provide guidelines for the conduct of business. C. Quorum. A majority of the seated members of the Committee shall constitute a quorum for the transaction of business. D. Staff Assistance. The City shall provide assigned staff to support the Committee. The primary role of staff is to represent the City and facilitate communication between the Committee, City Administration, the City Council and other City departments. Staff responsibilities include: 1. Ensuring that meeting notifications and recordkeeping are consistent with applicable state laws; 2. Ensuring compliance with applicable laws, such as the Open Public Meetings Act (OPMA) and Public Records Act (PRA); 3. Providing professional guidance, issue analysis and recommendations, W: Word Processing\Ordinances\Lodging Tax Advisory Gmte-TMC 2.35 4-25-17 CT:bjs Page 3 of 4 91 4. Assisting with research, report preparation and correspondence; and 5. Compiling agendas, maintaining minutes, forwarding recommendations and/or implementing actions. Section 7. TIVIC Section 2.35.050 is hereby reenacted to read as follows: 2.35.050 Reporting Requirements and Annual Review A. Reporting Requirements. The Committee shall keep the City of Tukwila apprised of its activities and recommendations by submitting an annual report by December 31 each year summarizing the activities for the year. B. Annual Review. Pursuant to RCW 67.28 the City Council shall review the Lodging Tax Advisory Committee on an annual basis. Section 8. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 9. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 10. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 12017. ATTEST/AUTH E NTI CATE D: Christy O'Flaherty, MMC, City Clerk Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing\OrdinanceskLodging Tax Advisory Cmte-TMC 2.35 4-25-17 92 CT:bjs Page 4 of 4 City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING RESOLUTION NOS. 1533 AND 1381 RELATING TO THE LODGING TAX ADVISORY COMMITTEE, WHOSE STRUCTURE AND PROCEDURES ARE TO BE REENACTED VIA CITY ORDINANCE. WHEREAS, the Municipal Research and Services Center has published a report outlining the components of best practices for Advisory Boards, Commissions and Committees; and WHEREAS, the City of Tukwila wants to update the Tukwila Municipal Code to incorporate these best practices as guidelines for our Advisory Boards, Commissions and Committees; and WHEREAS, the Lodging Tax Advisory Committee was established via Resolution No. 1381 in 1997; and WHEREAS, the City desires to reenact the organizational structure and procedures of the Lodging Tax Advisory Committee by ordinance, to be codified in Title 2 of the Tukwila Municipal Code for standardization with other City of Tukwila Advisory Boards, Commissions and Committees; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Resolution Nos. 1533 and 1381 are hereby repealed. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 12017. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk am Rachel B. Turpin, City Attorney Dennis Robertson, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: W:\Word Processing\Resolutions\Lodging Tax Advisory Cmte repeal 1-11-17 Page 1 of 1 :bjs 93