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HomeMy WebLinkAbout5043 ORDINANCE NO. 50t.f3- AN ORDINANCE of the City Council of the City of Bremerton, Washington, recodifying Chapter 2.36 of the Bremerton Municipal Code entitled "Lodging Tax Advisory Committee" as Chapter 2.38. WHEREAS, on October 12, 2006, Ordinance No. 4981 was passed by the City Council, creating Chapter 2.36 of the Bremerton Municipal Code entitled "Design Review Board"; and WHEREAS, on March 21,2007, Ordinance No. 5001 was passed by the City Council, creating Chapter 2.36 of the Bremerton Municipal Code entitled "Lodging Tax Advisory Committee"; and WHEREAS, the City Council desires to recodify Chapter 2.36 of the Bremerton Municipal Code entitled "Lodging Tax Advisory Committee" as Chapter 2.38 of the Bremerton Municipal Code; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: J SECTION 1. Chapter 2.36 of the Bremerton Municipal Code entitled "Lodging Tax Advisory Committee" is hereby recodified as Chapter 2.38 ofthe Bremerton Municipal Code entitled "Lodging Tax Advisory Committee" to read as follows: Chapter ~2.38 LODGING TAX ADVISORY COMMITTEE 2.Mt38.010 COMMITTEE CREATED - MEMBERSHIP. There is hereby created the Lodging Tax Advisory Committee ("Committee"). The Committee shall serve in an advisory capacity to the Mayor and City Council. The Committee shall consist of five (5) members as follows: (a) Two members appointed by the City Council who are representatives of businesses required to collect tax under Chapter 67.28 RCW; (b) Two members appointed by the City Council who are persons involved in activities authorized to be funded by revenue received under Chapter 67.28 RCW; (c) One member of the City Council who shall serve as chair of the Committee. 2.Mt38.020 APPOINTMENT. Pursuant to Section 32 of the City Charter and as provided for in RCW 67.28.1817(1), appointments to the Committee shall be made by the Mayor subject to confirmation by the City Council, except the appointed council member who shall be appointed by the Council President. Pursuant to Section 32 ofthe City Charter, the members identified in BMC 2.~38.01O (a) and 1 Recodifying Ch. 2.36 Lodging Tax Advisory Committee (b) above need not be residents ofthe city, however, said members should represent interests doing business in the city. 2.J638.030 TERMS. With the exception of the City Council member serving on the Committee, who shall be appointed by the City Council on an as needed basis, all members appointed pursuant to BMC 2.~38.020 above shall serve three (3) year terms. The initial appointment shall be staggered with one (1) appointment serving a one (1) year term, one (1) appointment serving a two (2) year term, and two (2) appointments serving a three (3) year term. Organizations representing businesses required to collect to tax under Chapter 67.28 RCW and organizations involved in activities authorized to be funded by revenue received under said tax as well as local agencies involved in tourism and promotion may submit recommendations for membership on the Committee to the Mayor. 2.J638.040 COMMITTEE DUTIES. The Committee shall review and make recommendations to the Mayor and City Council as follows: (a) The Committee shall review and make recommendations to the Mayor and City Council on any increases in the rate of tax imposed, repeal of any exemption from a tax imposed or a change in the use of revenue received, including allocation of city lodging tax revenues, pursuant to RCW 67.28.1815. (b) Any such proposal shall be submitted to the Committee at least forty-five (45) days before final action on or passage of the proposal by the City Council. The Committee shall consider any such proposal, provide for public input, and submit comments in a timely manner to the Mayor and City Council. The comments shall include an analysis of the extent to which the proposal will accommodate activities for tourists or increase tourism, and the extent to which the proposal will affect the long-term stability of the fund created under RCW 67.28.1815. Failure of the Committee to submit comments before final action on or passage of the proposal shall not prevent the City Council from acting on it. An amended proposal is not required to be submitted to the Committee under this section. (c) The Committee may adopt, and amend from time to time as deemed necessary, rules and procedures for submittal, reviewing and processing of applications consistent with this chapter. 2.36.04038.050 SUBMISSION OF PROPOSALS The following criteria must be met and included in applications by all applicants and recipients for any use or disbursements of the lodging tax funds, and any reserve created with lodging tax funds: (a) Applicants must provide information and documents as required in the application form, pursuant to rules and procedures as may be established by the Committee and as otherwise requested by the Committee. (b) Proposals shall be dated and submitted in writing on a form or in a format as required by the Committee. Proposals shall be submitted to the City Council office by the date established by the Committee for submitting applications. 2 Recodifying Ch. 2.36 Lodging Tax Advisory Committee SECTION 2. Severabilitv. If anyone or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the I f:bu day of ,2008 Approved this olL/.bu day of ~ ~~ " CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: ~d1Z~ CAROL GEN, C" y Clerk PUBLISHED the ~ day of ~ EFFECTIVE the #"1) day of . ORDINANCE NO. .5lJ~ ,2008 ,2008 R:\Legal\Legal\Ordinances\legal\Recodifying 2.36 to 2.38.doc 3 Recodifying Ch. 2.36 Lodging Tax Advisory Committee AFFIDAVIT OF PUBLICATION Account # 42742 / Ad # 226038 ST ATE OF WASHINGTON COUNTY OF KITSAP I, Christy Moffitt, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as . a daily newspaper iri Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County, Washington and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a true text of a legal advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit: March 25, 2008 and that such newspaper was regularly distributed to its subscribers during all of said. period. That the full amount of the fee charged for the foregoing publication is the sum of $30.15 amount has not been paid in full. ~ ~dJ\-^L . ~D\F (Signature of Princijal Clerk) Subscribed and sworn to before me this day of March 28, 2008. if ,. Notary Public in and for the State of Washington, Kitsa ORDINANCE NO. 5043 AN ORDINANCE ofthe City Council of the City of Bremerton, Washington, recodifying Chapter 2.36 of the Bremerton Municipal Code entitled "Lodging Tax Advisory Committee" as Chapter 2.38. PASSED by the City Council the 19th day of March 2008. The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, W A 98337. March 25, 2008.........................Ad #20063936