A CHARTER ORDINANCE EXEMPTING THE CITY OF AUGUSTA, KANSAS FROM THE PROVISIONS OF K.S.A. 12-1693(a) AND K.S.A. 12-1697(a) AND PROVIDING FOR SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT RELATING TO THE LEVY OF A TRANSIENT GUEST TAX FOR TOURISM AND CONVENTIONS AND EXEMPTING SAID CITY FROM THE PROVISIONS OF K.S.A. 12-1695 AND 12-16,101 AND PROVIDING FOR SUBSTITUTE PROVISIONS ON THE SAME SUBJECT RELATING TO THE NUMBER OF MEMBERS TO BE APPOINTED TO THE CONVENTION AND TOURISM COMMITTEE.
Section 1. The City of Augusta, Kansas, a second class
city, by virtue of the power vested in it by Article 12, Section 5 of the
Constitution of the State of Kansas, hereby elects to and does exempt itself
and make inapplicable to said City the provisions of K.S.A. 12-1693(a) and
K.S.A. 12-1697(a) relating to the levy of a transient guest tax for tourism and
conventions, and does make itself exempt from and make inapplicable to said
City the provisions of K.S.A. 12-1695 and K.S.A. 12-16,101 relating to the
appointment and number of members to a convention and tourism committee. Such
reference provisions are either enactments or parts thereof which are
applicable to the City but are not applicable uniformly to all cities.
Section 2. In order to provide for revenues to promote
tourism and conventions, the City of Augusta hereby levies a transient guest
tax at a rate not to exceed three percent (3%) upon the gross receipts derived
from and paid directly or through an accommodations- broker 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 of said City and shall be specified
in a resolution or ordinance authorizing the levy of such tax.
Section 3. The Governing Body of the City of Augusta
shall establish a convention and tourism committee to make recommendations
concerning the programs and expenditures for promotion of conventions and
tourism consisting of seven (7) members to be appointed by the Governing Body.
The membership of this committee shall have two (2) members who are either
owners, operators or employees of persons engaged in the hotel or motel
business within said City; two (2) members who represent agencies or
organizations that are actively engaged in promoting tourism, or from
facilities or organizations of historic or cultural attraction within the City;
one (1) representative of the Augusta Chamber of Commerce; and two (2)
representatives of the general public. The Governing Body shall provide, by
resolution, for the appointment and terms of service not to exceed four (4)
years for such members. The City of Augusta shall have the authority to
contract for convention and tourism programs to be implemented within the City.
Section 4. This charter ordinance shall be published once
each week for two (2) consecutive weeks in the official city newspaper.
Section 5. This charter ordinance shall take effect
sixty-one (61) days after final publication, unless a sufficient petition for a
referendum is filed and a referendum is held on the ordinance as provided in
Article 12, Section 5(c)(3), of the Constitution of the State of Kansas, in
such case the ordinance shall become effective if approved by a majority of the
electors voting thereon.
(1-6-2003; Repealed by C.O. No. 13)