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HomeMy Public PortalAboutCharter Ord 15 Transient Guest Tax f k [First Published in the Ark Valley News on / is ,2012] Z THE CITY OF BEL AIRE, KANSAS CHARTER ORDINANCE NO. 15 A CHARTER ORDINANCE EXEMPTING THE CITY OF BEL AIRE, KANSAS,FROM THE PROVISIONS OF SUBPARAGRAPH(a)OF K.S.A.12- 1697 AND FROM THE PROVISIONS OF SUBPARAGRAPH (e) OF K.S.A. 12-1698,WHICH RELATE TO THE LEVY OF A TRANSIENT GUEST TAX, TO THE MAXIMUM RATE THEREOF, AND TO THE PURPOSES FOR WHICH TRANSIENT GUEST TAX REVENUES MAY BE SPENT; AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS, PURSUANT TO THE POWER VESTED IN IT BY ARTICLE 12, SECTION 5, OF THE CONSTITUTION OF THE STATE OF KANSAS, HEREBY ELECTS TO EXEMPT ITSELF FROM AND MAKE INAPPLICABLE TO THIS CITY AN ACT OF THE KANSAS LEGISLATURE THAT IS NON-UNIFORM IN APPLICATION. Section 1. The City of Bel Aire, Kansas,hereby elects to exempt itself from the provisions of subparagraph(a) of K.S.A. 12-1697 and from the provisions of subparagraph(e) of K.S.A. 12- 1698, which relate to the levy of a transient guest tax,to the maximum rate thereof, and to the purposes for which transient guest tax revenues may be spent and hereby provides substitute and additional provisions on the same subjects as set forth herein. Section 2. Substitute and additional provisions for K.S.A. 12-1697(a) shall be as follows: The Governing Body of the City of Bel Aire, Kansas, is hereby authorized to levy a transient guest tax at a rate not to exceed nine percent(9%) upon the gross receipts derived from or paid by transient guests for sleeping accommodations, exclusive of charges for incidental services or facilities, in any hotel, motel or tourist court. The percentage of such tax shall be determined by the Governing Body and shall be specified in an ordinary ordinance authorizing the same. Section 3. Substitute and additional provisions for K.S.A. 12-1698(e) shall be as follows: Such funds may be maintained in the general fund of the City and may be used; (1) to defray the cost of providing municipal services to convention and tourism functions, including police, fire, street department or park and recreation department functions; (2) to support projects and activities which impact or promote economic development within the City; 1 (3) to assist with maintaining City infrastructure in a manner that encourages economic development, including but not limited to road construction and maintenance,park maintenance, and utility improvements; and (4) to promote the general economic welfare of the City and its environs, as deemed appropriate by the Governing Body. Section 4. All other provisions of K. S. A. 12-1697 and K.S.A. 12-1698 shall remain the same. Section 5. This Charter Ordinance shall be published once each week for two consecutive weeks in the Ark Valley News, the official city newspaper, and shall take effect sixty-one (6 1) days after final publication, unless a sufficient petition for a referendum is filed. Passed by the City Council, not less than two-thirds of the members elect voting in favor thereof,this 3 Day of April, 2012. Approved by the Mayor this, day of Yi , 2012. MAYOR HAROLD SMITH ATTEST: VICKI BRADFORD ITY LERK SEAL 2 public notice Affidavit Publication - o (First published In The Ark Valley News on April 5,2012.Subsequently pub- lished on April 12,2012.) THE CITY OF BEL All2E,KANSAS S TATE OF KANSAS, c CHARTER ORDINANCE NO.15 SEDGWICK COUNTY,Ss. A.CHARTER'ORDtNANCE EXEMPTING THE CITY OF BEL AIRE, KANSAS,FROM THEPROVISIONSOF SUBPARAGRAPH(a)OFKS.A.12 Chris Strunk,being first duly sworn,deposes and i 1697 AND FROM THE PROVISIONS OF SUBPARAGRAPH(e)OF K.S.A. says:That he is Publisher of The Ark Valley News, l 12-1698,WHICH RELATETO THE LEW OF A TRANSIENT GUEST TAX, TO THE MAXIMUM RATE THEREOF,AND TO THE PURPOSES FOR formerly The Valley Center Index,a weekly newspaper WHICH TRANSIENT GUEST TAX REVENUES MAY BE SPENT;AND printed in the State of Kansas,and published in and of PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT. general circulation in Sedgwick County Kansas,with a BE IT ORDAINED BY THE GOVERNING BODY OF THE CffYOF BEL AIRE,KANSAS, general paid circulation on a yearly basis in Sedgwick PURSUANT TO THE POWER VESTED IN IT BY ARTICLE 12,SECTION 5,OF THE County,Kansas,and that said newspaper is not a trade, CONSTITUTION OF THE STATE OF KANSAS,HEREBY ELECTS TO EXEMPT ITSELF religious or fraternal publication. FROM AND MAKE INAPPLICABLE TO THIS CITY AN ACT OF THE KANSAS LEGISLATURE THAT IS NON-UNIFORM IN APPLICATION. Section 1.The City of Bel Aire,Kansas;hereby elects to exempt itself from the provisions of Said newspaper IS a weekly published at least week- subparagraph(a)of K.S.A.12-t697 and from the provisions of subparagraph(e)of.K.S.A.12- -ly 50-times a year;has been so published continuously 1698,which relate to the levy of a transient guest tax,to the maximum rate thereof,and to the and uninterruptedly in said count and state for period purposes for which transient guest tax revenues may be spent and hereby provides substitute and P Y Y P additional provisitns on,the same subjects as set forth herein. of more than five years prior to the first publication of Section 2.Substitute and additional provisions for K.S.A.12.1697(a)shall be as follows:The' said notice;and has been admitted at the post office of Governing Body of the City of Bet Aire,Kansas,is hereby authorized to levy a transient guest tax Valley Center in said County as second class matter. at a rate not to exceed nine percent(9%)upon the gross receipts derivbd from or paid by transient guests for sleeping accommodations,exclusive of charges for incidental services or facilities,in any hotel,motel or tourist court.The percentage of such tax shall W determined by the That the attached notice is a true copy thereof and Governing Body and shall be specified in an ordinary ordinance authorizing the same. was published in the regular and entire issue of said Section 3.Substitute and additional provisions for K.S.A.12-1698(e)shall be as follows:Such funds may be maintained in the general fund of the City and m<y be used; newspaper for consecutive weeks,the (I) to defray the cost of providing municipal services tdconvention and tourism functions,including police,fire,street department or par'i and recreation department functions; first publication thereof being made as aforesaid on the 1 (2) to support projects and activities which impactor pronote economic development F day of / 2012, within the City; (3) tnassistwithmaintainingCityinftastructurehtamannthatencoarageseconnmic with subsequent publications being made on the %development.including but not limited to road construction maintenance,park maintenance,and utility improvements;and fo owing dates: _ (4) to promote the general economic welfare of the City and iu environs,as deemed appropriate by the Governing Body. , ,2012 12012 Section 4. All other provisions of K.S.A.12-1697 and K.S.A.12.16%shall remain the same, ,2012 ,2012 Section 5.This Charter Ordinance shall be published once each week to�two consecutive weeks in the Ark Valley News,the official city newspaper.and shall take effect ixty-one(6 1)days ,2012 2012 •asufficient' tition for a referendum is riled a ' unless Pc after renal publication, Passed by the City Council,not less than two-thirds of the rnembersehxt voting in favor thereof,this 21"day of March.2012, IApproved by the Mayor this_3_day of `April 2012. { Subscribed and sworn to before me this / Z day Of ,2012. MAYOR HAROLD SMITH ATTEST: Notary Public My commission expires ���' VICKI BRADFORD,CITY CLERK Additional copies $ Printer's fee $