§ 114-135. Advertising authority.

(a)

Creation. There is hereby created an authority to be known as the Southeast Volusia Advertising Authority, to administer and disburse the proceeds of the tax and any revenue related to the tax imposed by this division.

(b)

Membership; rules of procedure.

(1)

The authority shall consist of seven members, who shall be selected by majority vote of the county council from persons doing business within the Southeast Volusia Convention Development Tax District. Not less than three members shall be selected from persons doing business in the lodging industry. Members shall be electors of the county and shall serve without compensation. No elected official, member of two or more other county boards or commissions, or employee of county government shall be appointed to serve on the authority. The authority may, in its discretion, adopt rules of procedure not inconsistent with the provisions of this division or applicable state law.

(2)

The county council shall appoint members of the authority for a two-year term of office commencing on April 1 and expiring March 31 of odd numbered years. Each county council member shall make a single nomination in rotational order as follows: the chair, the at-large member, and the district members in numerical order, which rotation shall not start over for any reason. A county council member shall retain rotational order until his or her nominee shall have been appointed; provided however, that the county council member shall not make the same nomination more than once in a rotation. The county council with or without cause by majority vote on the motion of any member may remove an authority member, in which event there shall be deemed to be a vacancy in office. The failure of an authority member to attend two meetings during any year ending on December 31, regardless of reason, automatically creates a vacancy immediately following the second absence. An authority member appointed to fill a vacancy shall serve only the remaining unexpired term. Appointments to fill any vacancy, including for resignation or death, shall be upon the nomination of the county council member next in the rotational order provided for in this subsection.

(c)

Approval of budget. The annual budget of such authority shall be subject to approval of the county council.

(d)

Trust fund. Revenues collected shall be held in a convention development trust fund by the county department of finance, which shall invest any proceeds on hand in accordance with its normal procedures. The finance department shall be authorized to charge an administrative fee for its services, which shall be approved by the county council. To facilitate the payment of current expenses, the authority may also, with the approval of the finance director, hold or cause to be held a portion of the collected proceeds in separate accounts.

(e)

Annual audit. There shall be an annual audit of the accounts of the authority, which shall be conducted as a part of the county's annual audit. The costs of such audit shall be borne by the authority.

(f)

Legal counsel. Legal counsel for the authority shall be provided by the county legal department, except that the county attorney may approve such additional independent counsel as in his opinion is necessary for the proper representation of the authority. All costs associated with the provision of legal counsel, including, without limitation, a reasonable administrative charge for staff time, shall be borne by the authority.

(g)

Insurance. The authority shall be authorized to procure such insurance as it may deem necessary, including coverage for the acts or omissions of its members, except those committed in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety or property.

(Ord. No. 87-23, § IV, 7-23-87; Ord. No. 87-29, § I, 10-15-87; Ord. No. 2007-25, § I, 7-19-07; Ord. No. 2007-44, § I, 9-20-07; Ord. No. 2010-05, § I, 5-20-10; Ord. No. 2013-06, § II, 2-28-13)

Cross reference

Boards, commissions, councils and authorities, § 2-421 et seq.