§ 2-446. Establishment authorized; related matters.
(a)
For the purposes of promoting tourism, the county may, by resolution, establish a tourist commission. Alternatively, the county may, by resolution, abolish or reestablish any tourist commission established by the provisions of this section, and may authorize the county executive to enter into one or more professional services contracts for the purpose of promoting tourism, in which event the provisions of subsection 2-446(g) shall apply. The tourist commission shall be comprised of nine citizens of the county elected by the county commission. Effective June 21, 1998, the nine member tourist commission established by this section is abolished. Effective June 22, 1998, a new 15 member tourist commission is hereby established, whose members shall be selected in the manner detailed in section 2-446(c), below.
(1)
Four tourist commissioners from a list of six citizens of the county submitted by the hotel and motel association, two of whom shall be appointed by the mayor of the municipality and two by the county executive.
(2)
Three tourist commissioners from a list of five citizens of the county submitted by the area chamber of commerce, one of whom shall be appointed by the mayor of the municipality and two by the county executive of the county.
(3)
Two tourist commissioners, one to be appointed by the county executive and confirmed by the county legislative body and one to be appointed by the mayor and confirmed by the city council.
(4)
If subsections (1) and (2) of this subsection (a) shall be adjudicated inoperative as violative of any applicable law, nine citizens of the county shall be elected by the board of county commissioners or county legislative body.
(b)
The tourist commissioners shall be appointed for a term of three years; provided, however, in making the initial appointments the county executive shall appoint two from the hotel-motel association to serve a two-year term and two from the area chamber of commerce to serve a one-year term. The mayor of the municipality shall make all initial appointments for a three-year term. Vacancies are to be filled in the same manner that original appointments are made but shall be for the duration of the unexpired term only. Tourist commissioners shall serve without compensation except for reimbursement to them for necessary and reasonable expenses.
(c)
Effective June 21, 1998, the nine member Knox County Tourist Commission is abolished. Effective June 22, 1998, a new Knox County Tourist Commission, comprised of 15 members, is established. The membership of the new 15 member tourist commission shall be made up as follows:
(1)
Nine members, representing each of Knox County's nine county commission districts. Each member shall be required to reside in the county commission district which he or she represents, and shall be employed in a field related to tourism. Initially, the members representing the first, third, fifth, seventh and ninth districts shall be appointed for a one-year term, while the members for the remaining commission districts shall be appointed for a two-year term. Thereafter, all members shall be appointed to serve two-year terms.
(2)
Two members to be selected by the Mayor of the City of Knoxville. One such member shall be selected from a list of five recommended by the Knoxville-Knox County Hotel/Motel Association, and one member selected shall be at the mayor's discretion. Both members shall be confirmed by the City Council for the City of Knoxville. Both members so selected by the mayor shall reside in Knox County and be employed in a field related to tourism.
(3)
Two members shall be selected by the Knox County Executive. One such member shall be selected from a list of five recommended by the Knoxville-Knox County Hotel/Motel Association, and one member selected shall be at the county executive's discretion. Both members selected by the county executive shall be confirmed by the Knox County Commission. Both members selected by the county executive shall reside in Knox County and be employed in a field related to tourism.
(4)
Two (2) members shall be selected by the Knoxville-Knox County Chamber Partnership. The members so selected shall reside in Knox County and be employed in a field related to tourism.
(5)
No member of the tourist commission shall serve more than two consecutive two-year terms, provided however that any member selected for a one-year term as provided in subsection (1), above, shall be eligible to serve two consecutive two-year terms following the expiration of their initial one-year term.
(d)
The tourist commission shall present an annual budget to the board of county commissioners or county legislative body for approval, amendment, or rejection. The tourist commission is empowered to enter into contracts to fulfill its tourism functions as are properly authorized by the board of county commissioners or county legislative body. All expenditures made shall be in accordance with the budget as approved by the board of county commissioners or county legislative body, but funds cannot be committed or contracts executed until such funds are held on deposit by the county trustee. Funds not used in any fiscal year will be carried over from year to year and will be at the tourist commission's disposal subject to budget.
(e)
The tourist commission shall elect from its membership a chairman and a treasurer and may employ such personnel and make such contracts as are necessary to effectively carry out the purposes of article III of chapter 58 of this Code. Such contracts may include, but shall not be limited to, the procurement of promotional services, advertising services and other services and materials relating to the promotion of tourism business; provided, however, that contracts of the type enumerated shall be made only with persons, organizations and firms with experience and qualifications for providing promotional services and materials such as advertising firms, tourist bureaus, chambers of commerce, publishers and printers.
(f)
The books of accounting of the tourist commission shall be audited annually by an independent auditor, who shall make a report to the board of county commissioners or county legislative body with a copy to the county executive to be filed for inspection by the public.
(g)
If the county commission adopts a resolution abolishing the tourist commission and authorizing tourist promotion by contract with private, not-for-profit corporations, the following provisions shall apply:
(1)
The county executive shall be and hereby is authorized to enter into one or more contracts for the purposes of promoting tourism. Any such contract for the purpose of promoting tourism entered into under the provisions of this section shall be deemed a professional services contract, and contractors shall be selected by the means utilized for the selection or other professional services contracts.
(2)
Any such professional services contract(s) for the purpose of promoting tourism shall be funded by the hotel occupancy tax provided for at §§ 58-81 et seq.
(3)
Any such professional services contract(s) shall be approved as to form by the county law director and shall be certified by the county finance director as to the availability of funds.
(4)
Any such professional services contract shall be ratified by resolution of the commission before execution by the county executive.
(Priv. Acts 1982, ch. 847, § 9; Ord. No. O-90-9-119, § 9, 9-10-90; Ord. No. O-96-4-102, § 1, 5-28-96; Ord. No. O-98-3-101, §§ 1, 2, 3-23-98; Ord. No. O-02-6-102, §§ 1, 2, 7-22-02)