Loading...
Ordinance 92-018 ORDINANCE NO. 92- 18 AN ORDINANCE ESTABLISNING THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL; PROVIDING FOR COMPOSITION OF MEMBERSHIP; REQUIRING A RESOLUTION TO DESIGNATE THE MEMBERS, TERMS AND CHAIRMAN OF THE COUNCIL; PROVIDING FOR RESPONSIBILITIES AND DUTIES; PROVIDING FOR MEETINGS; PROVIDING FOR )FFICERS, QUORUM AND RULES OF PROCEDURE; FOR REIMBURSEMENT OF MEMBER'S UPON PRIOR APPROVAL OF THE BOARD; FOR SUPERCESSION OF ORDINANCE NO. 0-43; PROVIDING FOR CONFLICT AND ITY; AND PROVIDING AN EFFECTIVE DATE. W/IEREAS, the Board of County Commissioners of 'Collier Florida, has determined that it is in the best ;interests of the citizens of Collier County to consider the of an ordinance levying and imposing a tourist tax pursuant to the statutory authority set forth in Section 125.0104, Florida Statutes; and WHEREAS, Section 125.0104(4)(e), Florida Statutes,. that an advisory council be established pursuant to provisions of said section; and WHEREAS, Section 125.0104(4)(b), Florida Statutes,. that the members of such advisory council be appointed ~at least sixty (60) days prior to the enactment of an ordinance [evying the tourist development tax; NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY IONERS OF COLLIER COUNTY, FLORIDA that: ONE: PURPOSE. This Ordinance is adopted pursuant to the authority and of Section 125.0104, Florida Statutes, for the ,ose of establishing the Collier County Tourist Development It is the intention of the Board 'of County ioners to consider the enactment of an ordinance levying imposing the Tourist Development Tax. TWO: ESTABLISHMENT OF THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL. There is hereby established the Collier County Tourist Council which shall be composed of nine (9) members shall be appointed by the Collier County Board of County as set forth in this Ordinance. THREEs COMPOSITION OF MEMBERSHIP. The ~mbership of the_Collier County Tourist Development ~Council shall be composed as follows: ](~) The Chairman of the Board of County Commissioners of Collier County or any other member of the Board of County Commissioners as designated by the Chairman to serve on the Council. (b) Two (2) members of the Council shall be'elected municipal officials, at least one (1) of whom shall be from the most populous municipality in the County or Sub-County Special Taxing District in which the tax is to be levied. (c) Three (3) members shall be owners or operators of motels, hotels, recreational vehicle parks, or. other tourist accommodations in Collier County subject to any tourist development tax levied pursuant to Section 125.0104, Florida Statutes. (d) Three (3) members of the Council shall be persons who are involved in the tourist industry and who have demonstrated an interest in tourist development, but who are not owners or operators of motels, hotels, recreational vehiole parks or other tourist accommodations in Collier County · which would be subject to any tourist development ~ tax. All members of the Collier County Tourist Development shall be electors of Collier County and the members ~hall serve at the pleasure of the Board of County loners for staggered terms of four (4) years. The terms office of the original members shall be prescribed in the resolution appointing the original members. SECTION FOUR: RESOLUTION REQUIRED TO DESIGNATE THE MEMBERS, TERMS AND CHAIRMAN OF THE COUNCIL. The members of the Collier County Tourist Development shall be designated and approved pursuant to a adopted by the Board of County Commissioners. The :esolution shall set forth the names of the members of the 'ist.: Development Council and the term of each member. In ~ddition, the Board of County Commissioners shall designate the of the Council in said resolution or shall provide the for the Council to elect a Chairman from its p. CTION FIVE: RESPONSIBILITIES AND DUTIES. ~i. A. It shall be the duty and responsiblity uolelY of the ~oard of County Commissioners as the taxing authority of ~ier County to consider and determine if an ordinance shall enacted levying and imposing a tourist development tax ect to referendum election. Prior to enactment of an ordinance levying and imposing a tourist development tax, the Development Council shall prepare and submit to the. of County Commissioners for its approval a plan for the of tourist development tax revenues. It shall be the duty of the Tourist Development Council as a~ council to advise the Board of County Commissioners the elements of a pla~ and recommend to the Board of Commisisoners a plan for the uses of tourist development revenues, which plan the Board of County Commissioners Shall thereafter consider, modify, and/or adopt for submittal the voters by referendum. The plan shall set forth the anticipated net tourist development tax revenue to be derived by the County for the twenty-four (24) months following the of the tax; the tax district in which the tourist ~ent tax is proposed; and a list, in the' order of of the proposed uses of the tax revenue by specific ect or special use as the same are authorized under Section 125.0104(5), Florida Statutes. The plan shall include the )roximate cost or expense allocation for each specific ect or special use. The plan shall be submitted on or ~efore July 1, 1992, by the Tourist Development Council to the ~oard of County Commissioners for its modification or approval. B. In the event the Tourist Development Council as an body is unable to fulfill its responsibility and duty )are and submit in a timely fashion a tourist development plan which includes all statutorlly required elements, the of County Commissioners may at its option dissolve the Tourist Development Council and re-appoint a new Development Council by resolution. Additionally, the Board of County Commissioners may, at its option, pursue any !and all iegal remedies available to ensure performance by the Development Council of its duties and responsibilities. ' ~' C. Upon adoption of an ordinance levying and imposing a 'toUrist development tax, the Tourist Development Council shall ~ake recommendations to the Board of County Commissioners for effective operation of the special projects or for uses of the tourist development tax revenue. The Tourist Development Council shall continuously review expenditures of revenues from' Tourist Development Trust Fund and shall receive, at least qu~rtmrly, expenditure reports from the Board of County Commissioners or its designee. Expenditures which the Councik believes to be unauthorized shall be reported to the Board of County Commissioners and the Department of Revenue for review pursuant to Section 125.0104(4)(e), Florida Statutes. SECTION SIX: MEETINGS. The Collier County Tourist Development Council shall meet from time to time as determined necessary by the Council in to meet the time deadlines and response requirements led by the Board of County Commissioners herein; ;rovided, however, that the Tourist Development Council shall !meet at least once each quarter. SEVEN: OFFICERS; QUORUM; RULES OF PROCEDURE. A. The Chairman of the Tourist Development Council shall designated by the Board of: County Commissioners or, if authorized by the Board of County Commissioners, the membership the'Committee shall elect a Chairman from among the members. ~urther, the membership of the Tourist Development Council elect a Vice-Chairman from among the membership. The ~. and Vice-Chairman shall be appointed or elected, as ~licable~.annually.and may be re-elected or re-appointed. '' E. The presence of five (5) or more members shall a quorum of the Tourist Development Council to take action and transact business. C. The Council shall, by majority vote of the entire Li~, adopt rules of procedure for tho transaction of and shall keep a written record of meetings, =esolUtions, findings and determinations. Copies of all Touriet Development Council minutes, resolutions, reports, and shall be submitted to the Board of County BECTION EIGHT: COMPENSATION. ']i~'. Members of the Tourist Development Council shall serve. compensation, but may be entitled to receive reimbursement for expenses reasonably incurred in the of their duties upon prior approval of the Board of Commissioners. SECTION NINE: THE SUPERSEDES ORDINANCE. This Ordinance supersedes Ordinance No. 90-43, the Tourist 0evelopment Tax Ordinance for all purposes relating to the of a Collier County Tourist Development Council and to its powers, duties and functions and other matters thereto. TEN: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other of Collier County or other applicable law, the more ive shall apply. If any phrase or portion of this Drdinance is held invalid or unconstitutional by any court of Jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding not affect the validity of the remaining portion. SECTIOH ELEVEN: EFFECTIVE DATE. This O~d~nance shal~ become effective upon ~ece~p~ o~ ~o~c~ ~o~ ~h~ S~c~e~a~ o~ S~a~e ~ha~ ~h~s O~d~nance has been f~led..w~th ~he Secreta~ of State. PASSED ~D D~Y ~O~ED by the ~oard of County nets of Collier County, Florida, this 24~ day of ~' ~ , 1992. . ~ Clerk BO~D OF CO~TY CO~ISSION~S -- OF ~O~IE~CO~TY, F~RIDA · ..., By= ~' %%..- MICHEL J~ V~E] Chairman ~ApPrbvmd as to fo~ and County Attorney ~'": . ' T~ls ordinance flied with the ~rv of State's ~fice th~ ~/~/~ OF COLLIER ~' I, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing Is a true co~y of: Ordinance No. 92-18 which was adopted by.the Board of County Commissioners on the 24th day of March, 1992, during Regular Session. WITNESS my hand and the official seal of the Board of ',, County CommAssioners of Collier Coun~, Florida, this 27th E~-o~ftcto to Boa~:o~ County Commlsstone~ . ,.~'" '. ~ Deputy Clerk