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160 ORDINANCE 1998- 70 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING ARTICLE 3, BOARDS, COMMITTEES AND COMMISSIONS, OF CHAPTER 2, ADMINISTRATION, OF THE CITY CODE BY ADDING A DIVISION 16 TO ESTABLISH A NEW ARTS COMMISSION; AMENDING CITY CODE SECTION 2.352(b) TO REMOVE OVERSIGHT OF ARTS FUNDING FROM THE DUTIES OF THE CONVENTION AND VISITORS BUREAU BOARD; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR PENAL TIES. RECITALS: 1. The City has historically allocated hotel occupancy tax revenues for the promotion of the arts to the San Marcos Area Chamber of Commerce for distribution to eligible organizations, events and activities. 2. The City Council wishes to assign responsibility for distribution of these funds for the promotion of the arts to a newly-established City Arts Commission. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. Article 3, Boards, Committees and Commissions of Chapter 2, Administrç¡tion, of the City Code is amended by adding a new Division 16 to read as follows: DIVISION 16. ARTS COMMISSION Sec. 2.360. Created; composition; terms; officers. (a) The arts commission is created, composed of seven members appointed by the city council. (b) The city council will endeavor to appoint persons to this commission who represent a variety of the arts, including music, dance, drama, painting, sculpture, photography, and graphic and craft arts. (c) The members ofthe commission are appointed for two year staggered terms, with four members being appointed in September of even-numbered years, and three members being appointed in September of odd-numbered years. (d) At least five of the members must reside within the city limits. Up to two members may reside outside the city limits. (e) The commission shall elect a chair and vice-chair from among its members at its first meeting each year after the appointment of members. Sec. 2.361. General powers and duties. (a) The arts commission will provide oversight for the expenditure of city hotel occupancy tax funds for the promotion of the arts, including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound recording, and other arts related to the presentation, performance, execution, and exhibition of these major art forms. (b) In consultation with the arts community, the arts commission will develop written guidelines regarding the process for allocation of hotel occupancy tax funds for the arts. (c) The arts commission will review applications for funding for the arts, and will make final decisions on all applications.