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Ord 98-322 ORDINANCE NO. 98-322 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ESTABLISHING A LODGING TAX ADVISORY COMMITTEE. WHEREAS, the State Legislature has passed SSB 5867, enacted as Chapter 452, Laws of 1997, which modifies or repeals some previous lodging tax authority but also adds new lodging tax authority, amended and added to Chapter 67.28 RCW; and WHEREAS, SSB 5867 requires that, in cities with a population over 5,000, any new imposition, increase, repeal of an exemption, or a change in the use of the revenue received trom a lodging tax enacted under Chapter 67.28 RCW be first submitted for consideration to a lodging tax advisory committee not leSs than 45 days in advance offinal action on the lodging tax !: by the City; and WHEREAS, to authorize the imposition of a lodging tax it is deemed to be in the best interests of the City that a lodging tax advisory committee be created and that a proposal be submitted to this committee regarding implementation of the lodging tax; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO HEREBY RESOLVE AS FOLLOWS: Section I. There is hereby created a City of Federal Way Lodging Tax Advisory Committee, to serve the functions prescribed in Chapter 67.28 RCW. Section 2. The membership of the Lodging Tax Advisory Committee shall be appointed by the City Council, and shall consist offive members: one member shall be an elected official of the city who shall serve as the chair, two members shall be representatives of businesses Ord. No. 98-322, Page I töfP>Y required to collect the tax, and two members shall be persons involved in activities authorized to be funded by revenue received ITOm the tax. Section 3. All members of the Committee shall serve a two-year term, except that the initial Committee shall have one member representing the lodging industry and one member representing organizations receiving the funds serve a one-year term in order to establish a staggered term of the office. Section 4. Each member of the Committee, including the Chair, shall be entitled to one vote on Committee joint comments and recommendations to the Council. Individual dissenting or concurring comments may also be forwarded to the Council. Section 5. The Council may review the membership of the Committee annually, and make such changes as the Council may deem appropriate. The total number of members may be increased or decreased at the time of the annual review, by motion of the Council duly adopted, but the number of members shall not be less than five. Section 6. The City Council shall submit to the Lodging Tax Advisory Committee, for its review and comment proposals on: A. The imposition of a tax pursuant to Chapter 67.28 RCW; B. Any increase in the rate of such a tax; C. Repeal of an exemption ITom such a tax; or D. A change in the use of the revenue received ITom such a tax. The City Council shall submit such proposals to the Committee at least 45 days before taking final action on any such proposal. Comments by the Committee should include an analysis of the extent to which the proposal will accommodate for tourists or increase tourism, and the extent to which the proposal will affect the long-range stability of the special fund created Ord. No. 98-322, Page 2 for the lodging tax revenues. The recommendation by the Committee to the City Council shall be a nonbinding recommendation. Section 7. The Committee may establish administrative procedures for the conduct of meetings, voting, review, analysis, and preparation of comments. Each member of the Committee, including the Chair, shall be entitled to one vote on the Committee joint comments and recommendations to the Council. Individual dissenting or concurring comments may also be forwarded to the Council. Section 8. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 9. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 10. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, at a regular meeting thereof this 17th day of November, 1998. CITY OF FEDERAL WAY £~ MAYOR, RO~INTZ Ord. No. 98-322, Page 3 ~~~4~ APPROVED AS TO FORM: Ø6 L'. ~~ tit' : CITY ATTORNEY, LaNDI L ELL FILED WITH THE CITY CLERK: 11/16/98 PASSED BY THE CITY COUNCIL: IlIlI/98 PUBLISHED: 11/20/98 EFFECTIVE DATE: 11/25/98 ORDINANCE NO. 98-322 K: "'!NIB IE NNlAL Ica UNC IL IHrnLCMIT . DOC Ord. No. 98-322, Page 4