A. The city council shall by resolution appoint a board of trustees of five persons to administer the tourism improvement district. The board of trustees will be composed of the owners of the hotels in the district or their designees. The procedure for appointment shall be as follows: during any vacancy, or upon the renewal of the district by this ordinance, any owner of the district may request appointment to the board of trustees by notifying the City Clerk of the owner's willingness to serve on the board of trustees, and providing the name of the owner's designee, if any. The City Council shall appoint the board of trustees from among the these owners. If there are less than five owners requesting appointment, the Mayor may nominate sufficient owners to ensure that there are five members. After initial appointment, members must be appointed for a term of office of four years, except that a vacancy occurring during a term must be filled for the unexpired term. A member holds office until a successor has been appointed and qualified.
B. The powers of the board of trustees in administering the district shall be as prescribed in 7-12- 1131, MCA. The board of trustees shall establish policies and procedures for the operation and general management of the district.
C. An Executive Director of the TBID shall be appointed by the City of Sidney. The Executive Director must be the executive director of a nonprofit convention and visitor bureau, as defined in 15-65-101, M.C.A., if a nonprofit convention and visitors bureau is operating within the Governing Body's jurisdiction. The Executive Director shall be charged with the general supervision and management of the business affairs of the TBID. The Executive Director shall be the chief executive officer and shall be charged with initiating and implementing the marketing plan, budget and related projects, the general supervision over employees, including their duties and compensation in conformity with the policies approved by the Board. The Executive Director shall keep the minutes of the Board meetings, keep other records as the Board may direct, and perform such other duties as may be prescribed by the Board, these Bylaws, or by law. The Executive Director shall so manage the affairs of the TBID as to promote the objectives for which the TBID is organized.
D. The board of trustees shall submit the annual budget and work plan for the district to the city council for approval during the annual budget preparation process, as directed by the City Treasurer.
E. In distributing the assessments collected within the district, the board of trustees shall use the assessment for the following purposes:
1. The funding of uses and projects for tourism promotion and management within the City of Sidney;
2. The marketing of events that benefit local tourism and commerce in the City of Sidney; and
3. The marketing of Sidney to the travel industry to benefit local tourism and commerce located within the City of Sidney
E. The direct payment of assessment funds to any hotel within the TBID is prohibited.
F. In the event that the TBID ceases to exist for any reason, any unspent assessment monies shall become property of the City of Sidney, and shall be placed in the general fund of the City. In assessments due and owing at the time the TBID ceases to exist shall become an obligation owed to the City of Sidney. (Ord. 597, - -2023)