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O-3175-9-13ORDINANCE NO. 3175-943 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING THE CONVENTION AND VISITORS BUREAU ADVISORY BOARD AND PROVIDING FOR THE DUTIES OF SUCH BOARD; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has determined that the establishment of the Convention and Visitors Bureau Advisory Board will enhance the economic vitality of the area by advising the City Council and City Staff on the sales and marketing of Allen, Texas to the convention, tourism, meeting and leisure travel markets using funding generated from the Local Hotel Occupancy Tax; and, WHEREAS, the City Council of the City of Allen, Texas, has the authority under the City Charter to appoint citizens to various boards and commissions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The "Convention and Visitors Bureau Advisory Board' referred to as "Board' is hereby created for the purpose of advising the City Council and City Staff on the sales and marketing of Allen, Texas to the convention, tourism, meeting and leisure travel markets using funding generated from the Local Hotel Occupancy Tax. ' SECTION 2. For the purpose of this ordinance, the following terms, phrases and words shall have the following respective meanings given herein: Board, Convention and Visitors Bureau Advisory Board or CVB Board shall mean the City of Allen Convention and Visitors Bureau Advisory Board appointed by the City Council. City Manager shall mean City Manager of the City of Allen, Texas, or designee. Local Hotel Occupancy Tax shall mean the Local Hotel Occupancy Tax imposed by the City of Allen, Texas pursuant to Section 351 of the Texas Tax Code, as amended. Lodging Sector shall mean business involved in the hotel and motel industry. Staf(Liaison shall mean the person appointed by the City of Allen City Manager. Tourism industry shall mean businesses involved in all aspects of planning, marketing and expenditures for individuals involved in travel for recreational, tourism, leisure or business purposes. SECTION 3. The Board provided for herein shall be comprised of five (5) members to be appointed by the City Council for terns of two (2) years consisting of some combination of representation from the following groups: (1) City Council: currently serving member(s) of the Allen City Council. ' (2) Lodging Sector: member(s) of management from the lodging sector in the City of Allen. (3) Tourism Sector: member(s) of management from the tourism industry in the City of Allen. (4) At -Large: current resident(s) of the City of Allen. Board members shall at the time of such person's appointment and during the term of their appointment be: (i) ' a registered voter; and (ii) a resident of the City who has resided in the City for a period of at least one year prior to such appointment, or be currently employed in a management position by a business in the lodging or tourism sectors in the City for a period of at least one year prior to such appointment; provided however not more than one Board member shall be a non-resident of the City at anytime. A person appointed to the Convention and Visitors Bureau Advisory Board who does not meet the residency requirement must be continuously employed in a management position by a business in the lodging or tourism sector in the City during such person's term of office. The City Manager and Staff Liaison shall be ex -officio members of the board, with the right to participate in discussions but without the right to vote. The City Manager shall serve as coordinator to and provide support to the Board. Terms of office of the Board shall be for a period of two (2) years and shall expire on a staggered basis. Terms begin on October I and conclude on September 30. The initial Board shall be appointed in October with the officers being elected thereafter. SECTION 4. The Board shall hold an organizational meeting each year in October to elect a chairperson, vice -chairperson and secretary. (1) The chairperson shall preside over meetings and shall be entitled to vote upon each issue. In the event that a question arises concerning Board procedures, Robert's Rules of Order shall be consulted for guidance. (2) The vice -chairperson shall assist the chairperson in directing the affairs of the advisory board. In the ' absence of the chairperson, the vice -chairperson shall perform the duties of the chairperson. (3) The secretary shall keep the minutes of all meetings. In the secretary's absence the chairperson shall designate another Board member to act as secretary. The secretary may use the assistance of City personnel in taking and transcribing minutes, when available, but shall sign the minutes officially before presenting same to the Board for approval. SECTION 5. The Board shall establish the dates for the regular meetings of the Board. Special meetings may be called by the chairperson, or by written request sent to the chairperson by three (3) members of the board. All meetings shall be conducted and posted in accordance with the Texas Open Meeting Act, V.T.C.A, Government Code Chapter 551. Three (3) members of the Board shall constitute a quomm for the conduct of business. The members of the Board shall regularly attend meetings of the Board and shall serve without compensation. A member's absence from three (3) consecutive meetings without formal consent of the Board shall be deemed to constitute the resignation of office by such member, which shall be certified by the chairperson to the City Council. SECTION 6. The Board shall have the following powers and perform the following duties (1) Advisory capacity to council It shall act principally in an advisory capacity to the City Staff and the City Council in all matters pertaining to the sales and marketing of Allen, Texas to the tourism, lodging, convention, meeting and leisure travel markets using funding generated from the Local Hotel Occupancy Tax. ' (2) Amendments to ordinance. It may, from time to time, recommend to the City Council amendments to this ordinance. (3) Reports. It shall through its chairperson, make an oral and written report annually to the City Council Ordinance No. 3175-9-13 Page 2 concerning its activities during the previous year and its proposal for the ensuing year. (4) City Employees. It shall have no authority over the direction, supervision, employment or termination ' of City employees. (5) Policies and procedures for Staff Liaison. it shall develop and recommend written policies and procedures for City Council approval for the Staff Liaison to follow in the marketing and targeting of the tourism, lodging, convention, meeting, and leisure travel markets. (6) Budget. It shall review the proposed budget for the Convention and Visitors Bureau and make any recommendations to the City Council deemed necessary. The Board is not authorized to add or amend the budget as prepared by the City Manager. (7) Funds or expenditures. The Board shall not have the power to expend any City funds or incur any debt on behalf of the City. (8) Actions of Board All powers and duties of the Board shall be exercised by the Board acting as a whole. No action of any individual Board member is authorized except when authorized by the Board. SECTION 7. Should any word, sentence, paragraph, subdivision, clause, phrase, or section of this ordinance, or the ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the ordinances of the City, as amended hereby, which shall remain in full force and effect. SECTION 8. This Ordinance shall take effect immediately upon its passage and approval by the City, as the law and charter in such cases provide; and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY TEXAS, ON THIS 2e DAY OF SEPTEMBER, 2013. APPRO D: tephen errell, MAYOR APPROVED AS TO FORM: ATTEST: �0 76L Peter G. Smith, CTIW ATTORNEY Shelley B. George, RMC, CITYCRETARY Ordinance No. 31759-13 Page 3