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R93-199 1 2 4 5 6 8 9 10 11 ~2 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 29 30 31 32 RESOLUTION N0.~93-/g~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING AI~ OCCUPATIONAL LICENSE EQUITY STUDY CO~ISSION TO RECOMMEND A CLASSIFICATION SYSTEM AND RATE STRUCTURE FORMUNICIPAL OCCUPATIONAL LICENSE TAXES; PROVIDING FOR APPOINTMENT OF MEMBERS OF THE COMMISSION; PROVIDING FOR DUTIES OF THE COMMISSION; PROVIDING A SUNSET PROVISION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is authorized to establish an Occupational License Equity Study Commission and to appoint its members for the purpose of making recommendations to the Commission regarding a classification system and rate structure for local occupational license taxes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing WHEREAS clauses correct and hereby Commission. Section 2. There ratified and confirmed are true and by the City is hereby established a Occupational License Equity Study Commission. Section 3. The Occupational License Equity Study Commission shall consist of ~nine (9~) members, appointed by the City Commission in the same manner in which the Commission appoints other Board members. Section 4. All members of the Occupational License Equity shall be representatives of the business the municipal boundaries of the City of Study Commission community within Boynton Beach. Section 5. The Occupational License Equity Study commission shall serve as an advisory body to the City Commission with regard to the classification system and the rate structure for local occupational license taxes. Section 6. The City administration shall cooperate fully with the Occupational License Equity Study Commission and shall, upon request, provide the Study Commission with documentation and data necessary to the Study Commission for the completion of their work. Page 1 1 2 3 4 5 6 7 8 9 10 11 ~2 13 14 15 16 17 18 19 2O 21 22 23 24 25 .26 27 28 29 31 32 Section 7. the By-laws are attached Section 8. The Study Commission shall operate pursuant to hereby established by the City Commission which hereto as Exhibit "A". Upon submittal of the Final Report of the Study Commission to the City Commission, the Study Commission shall cease to exist, unless the City Commission takes action to the powers and duties of the Study extend and redefine Commission. Section 9. This immediately upon passage. PASSED AND ADOPTED THIS 1993. ATTEST: CIT~y CLERK Resolution shall become effective BYLAWS OF T~ OCCUPATIONAL LICENSE EQUITY STUDY CO.fISSION CITY OF BOYNTON BEACH ARTICTm I - NAME AND Ab'rnORIZATION A. NAME The name of the committee shall be the Occupational License Equity Study Commission9 herein after referred to as the "Committee". B. AUTHORIZATION The Committee exists by the authority of the Boynton Beach City Commission, pursuant to the provisions of Section 205.0535 of the Florida Statutes. ARTICr.w. II - PURI~OSE AND FUNCTION The purpose of the Committee is to examine and review the Occupational License Ordinance (Chapter 13 of the City of Boynton Beach Code of Ordinances') regarding classifications an~ rate structure, and to recommend revisions to such classifications and rate structure for the occupational licenses. The Committee shall be guided by the following objectives in formulating its recommendations: (A) The Committee shalI review the businesses, professions, and occupations withineaCh classification and recommend any reclassifications or neW classlflcatlons. (B) The Committee shall recommend a classification for any business activity no= currently paying an occupational license tax. (C) The Committee shall review the rates of each classification, and recommend any fee increases necessary to establish equity between the rates for such classifications. (D) After considering objectives (1) through (3) above, the Committee shall propose a rate structure that will generate aggregate revenue increases of $ ~,~/.~ for a total local revenue of $~$~ for the licensing year beginning October 1, 1994. The additional revenue shall be generated from ra=e structure changes applied to the existing licenses and not from other factors that would normally cause increased license revenue (additional licenses or increases in variable factors such as assets, value of inventory, number of employees, etc.). The final report and recommendation of the Committee shall be made to the City Commission no later t~an April 30, 1994. ARTICLE III - MEMBERSHIP A. MEMBERS The Committee shall be comprised of nine members appointed by the City Commission. Committee members w~ll be selected based on their qualification~ and willingness to serve. Members ~, creed, national origin, age, st B. ELIGIBILITY All directors of have a current City of Boynton Beach ocCupational li~$e c. APPOINTMENTs . 1.~ The term Of Committee's final report to the City Commission. 2. Due to the time-limited activit~i~S of' this'Committee and the amounl of training required, any ' from a member will automaticallylreducethel c0mmit%ee.~ ~kt no time, however, shall the membershi~ ~. D. VACANCIES 1. A member's position shall become vacant when: a. A member is absent from 33% of the regularly scheduled meetings, regardless if such absence is excused or unexcus'ed.- All absences will be duly recorded in the meeting minutes. Absences from emergency or special called meetings wilI-not be recorded against.a member in calculating the percent of absences. 2. Should a resignation be submitted to staff, they will immedia__~y notify the Chair and the City Commission. ARTICLE IV - ORGANIZATION A. OFFICERS The Committee shall elect from its members a Chair and Vice-Chair. B. QUORUM A majority of the Committee shall constitute a quorum to hold a meeting or make any recommendations. 2 C. VOTING RIGHTS Each me~ber'sha!i be entitled to one (1) vote and shall cas= that vote on each item submitted. Proxy votes and absentee ballots shall not be permitted. Members shall only abstain from a vote when there is a valid conflict of interest addressed to the Con~ittee. ARTICLE V - OFFICE~S AND DUTIES A · CHAIR : ~It is the Chair's Specific questions of of to ensure compliance with the bylaws. rest will be addressed by the City B. VICE-CHAIR The vice-chair shall perform the duties in the absence of the chair. C'. REMOVAL When an officer has been absent or has not performed the duties of fha office, that officer may be removed from office by the Co~ittee with a majority vbte at a regularly scheduled meeting. The Committee will elect a new officer, if necessary. ARTICT~R VT. - CO~SHl=-A.w.m. OPERA~IONS A~ The Comzaittee shall have no authority other than as stipulated by the bylaws and approved by the City Commission. B. The Committee will meet routinely, based upon an adopted meeting schedule. The meeting date may be changed by the Chair with notification ! advance by mail =o Comn~ittee members Special meetings may be called by th Chair or by a majority of the Committee members. C. Ail meetings will be open to the public. For advertising purposes, th Committee will provide to the City Clerk a schedule of their meetings and u City Clerk will insure agendas and minutes are available =o the public in accordance with the State Sunshine Laws. D. Ail meetings shall be conducted in accordance with Robert's Rules of Order. ARTICLE VII. - STAFF SERVICES A. The City Occupational License Administrator shall provide staff servic =o the Com~nittee. Staff services will include: i. Providing a sch~ule of meetings to the City Clerk and Committee members; arranging meeting'locations; preparing and distributing appropria= information related =o the meeting agenda. 2. Informing the Committee of events, activities, policies, program: etc. occurring within the scope of the Committee's function and informing - Committee of all City Commission or department requests for information or assistance~ 3. Ensuring the C~'ty.~Manager and City Commission are vacancies, changes in officers, or any 0the~qha~ges tO the informed of all CoSTa!tree. 4. The responsibility for the continuous flow of information appropriate appointed official including providing reports, actions, board ___~ ~ 5. Therespo~sibility for Committee for for Commission meetings. the Cit! B. An orientation program will be provided by staff to all new members. The program.will address, but not be limited to, the bylaws, conflict of interest, the Florida Sunshine Law, ethics violations,, and stress the lega. obli, :les. are provide( and res ARTICLE VIII. - SUNSET PROVISION Upon sUbmittal of the final report by the City Commission, this Committee shall ~ease to exist, unless the City Commission takes action extend and Dedefi~e the charge Of the Committee. ARTICLE IX. - BYLAWS AND EFFECTIVE DATE A. Any changes u? and the C~ty Co~'ss License Administrator. the City Commission. be reviewed and approved by the C~it the City Clerk ~nd the Occupat ~ffective upon adopt~Dn ' AGH: pm A: EQUITY. OL 4