APPENDIX A – CHARTER ORDINANCESAPPENDIX A – CHARTER ORDINANCES\CHARTER ORDINANCE NO. 13

A CHARTER ORDINANCE OF THE CITY OF HOISINGTON, KANSAS PROVIDING FOR THE EXEMPTION OF SAID CITY FROM THE PROVISIONS OF SECTION 12-1697(a), SECTION 12-1697(d), AND SECTION 12-1698(e) OF KANSAS STATUTES ANNOTATED; AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT

WHEREAS, the Governing Body, sees value in collecting a Transient Guest Tax in Hoisington;

NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the City of Hoisington, Kansas, that:

Section 1. The City of Hoisington, Kansas, a City of the second class, duly organized, created and existing under and by virtue of the laws of the State of Kansas, pursuant to the authority of Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to, and does exempt itself from, the provisions of Section 12-1697(a), Section 12-1697(d), and Section 12-1698(e) of the Kansas Statutes Annotated and amendments thereto, which apply to the City, but are part of an enactment which does not apply uniformly to all cities. 

Section 2. In substitution of the provisions of Section 12-1697(a) and Section 12-1697(d) of the Kansas Statutes Annotated and amendments thereto, the Governing Body of the City of Hoisington, Kansas, hereby adopts the following provision:

       A transient guest tax shall be levied in the City of Hoisington, Kansas, at a rate not to exceed EIGHT percent (8.0%) 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 as defined by Section 12-1696(b) of the Kansas Statutes Annotated and amendments thereto.  The percentage and effective date of such tax shall be determined by the Governing Body and shall be specified in a resolution authorizing the same and may be amended, within the limits specified herein, from time to time by resolution of the Governing Body.

Section 3. In substitution of the provisions of Section 12-1698(e) of the Kansas Statutes Annotated and amendments thereto, the Governing Body of the City of Hoisington, Kansas, hereby adopts the following provision:

       Except as otherwise provided in K.S.A. 12-1774, and amendments thereto, all such moneys received by the City Treasurer from disbursements from the City Transient Guest Tax Fund shall be credited to the Transient Guest Tax Fund of the City of Hoisington.  Proceeds from such transient guest tax shall be used for the promotion of tourism, conventions, commerce and economic development in Hoisington, as determined appropriate by the Governing Body.

Section 4. Severability.  If any provision or section of this Charter Ordinance is deemed or ruled unconstitutional or otherwise illegal or invalid by any court of competent jurisdiction, such illegality or invalidity shall not affect any other provision of this Charter Ordinance.  In such instance, this Charter Ordinance shall be construed and enforced as if such illegal or invalid provision had not been contained herein.

(12-13-2010)