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8.1 Convention & TourismCITY OF SALINA REQUEST FOR COMMISS ION ACTION DATE TIME 9/8/1986 4:00 P.M. AGENDA SECTION: Administration ORIGINATING DEPARTMENT: APPROVED FOR NO, 8 City Clerk AGENDA: ITEM ~ NO. 1 , ,BY: D. L. Harrison BY: First Reading Charter Ordinance Number 22 - Exempting the City of Salina, Kansas, from K.S.A. 12-1697 and 12-16,101 concerning the promotion of tourism and conventions, authorizing the levying of a transient guest tax by counties or cities; providing for appointment of a convention and tourism committee; providing substitute provisions on the same subject and repealing Chapter 37 of the Salina Code. [Action delayed at the August 18, 1986 meeting.] Second Reading is scheduled for September 15, 1986. This ordinance will take effect on the sixty first day after its first publication [November 26, 1986] unless a sufficient petition is filed and a referendum held. COMMISSION ACTION MOTION BY SECOND BY TO: [First published in The Salina Journal September , 1986) CHARTER ORD!NANCE NUMBER 22 A CHARTER ORDINANCE EXE.V, PTI~G TIdE CiTY CF SALINA, KANSAS, FROM K.S.A. 12-1697 AND 12-16,10~ CO,';CERHt ?!C THE PROMOTION OF TOURISM AND CONVENTIONS, AUTHORIZING THE L2','-:;'~G OF A TRANSIENT GUEST TAX -3Y COUNTIES OR CITIES; PROVIDING FOR APPOi;,:T' <?:¥ OF ,& CONVENTION AND 'rOURiSL', CO',~tMiTTEE; PROVIDING.SUBSTITUTE PRO'vlSi©t,iS :. 74£ SAME SUSJECT; AND ~£F~,. ;_:;;C CHAPTER 37 OF THE SAL!NA CODE. BE tT ORDAINED by the Governing Body of the Ci~.y of Salina. Kal~sas: Section 1, The City of Salina hereby elects to exempt itself from the provisions of K.S.A. 12-1697 and 12-16,101 pursuant to Article 12, Section 5 of the Kansas Constitution and adopts the substitute provisions set forth below. Section 2. The following substitute provisions are hereby adopted in place of K.S.A. 12-1697: "Promotion of tourism and conventions; tax levy by city or county; basis of tax; payment and collection; requirements prior to levy. (a) In order to provide revenues to promote tourism and conventions, the Board of City Commissioners is hereby authorized to lev,/ a transient guest tax at not to exceed the rate of five percent (5%) 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 Board of City Commissioners and shall be specified in the resolution authorizing the same. (b) Any transient guest tax levied pursuant to this section shall be based on the gross rental receipts collected by any business. (c) The taxes levied pursuant to this section shall be paid by the consumer or user to the business and it shall be the duty of each and every business to collect from the consumer or users the full amount of any such tax, or an amount equal as nearly as possible or practicable to the average equivalent thereto. Each business collecting any of the taxes levied hereunder shall be responsible for paying over the same to the state department of revenue in the manner prescribed by K.S.A. 12-1698 and the state department of revenue shall administer and enforce the collection of such taxes. (d) A transient guest tax authorized by this section shall not be levied until the Board of City Commissioners has passed a resolution authorizing the same." Section 3. The following substitute provisions are hereby adopted in place of K.S.A. 12-16,101: "Convention and tourism committee; appointment; terms; contracts and programs. (a) The Board of City Commissioners hereby establishes a committee to be known as the 'Convention and Tourism Committee' to make recommendations concerning the programs and expenditures for the promotion of conventions and tourism. Except as otherwise provided in this paragraph, the Committee shall consist of ten (10) members who shall be individuals knowledgeable and active in the promotion of tourism and conventions. The initial membership of the committee shall consist of the existing Convention and Tourism Committee members, who shall each serve the balance of their respective present terms and until a successor is appointed. A member of the Board of City Commissioners, to be appointed by the Mayor, and the President of the Salina Area Chamber of Commerce shall be ex-officio members of this committee. The remaining eight {8) members of the committee shall be appointed by the Mayor with the consent of the Board of City Commissioners to no more than two (2) consecutive terms of four {4) years each and until a successor is appointed. (b) The Board of Commissioners shall' have the <~ut. hority to contract Section u,. Chapter 37 of the Salina Code and any other ordinances or resolutions of the City of Satina in conflict herewith are herei~y repealed. Section $. This ordinance shall be published once a week for two (2) consecutive weeks in The Salina Journal, the official city newspaper. Section 6. This is a Charter Ordinance and shall take effect sixty-one (61) days after final publication unless a sufficient petition is flied and a referendum held on the. ordinance as provided in Article 72,. Section $, Subdivision (c) of the Constitution of Kansas, in which case the ordinance shall become effective if approved by a maiority of the electors voting thereo~-,. Adopted by the ~oard of Commissioners by not less than two-thirds (2/3! of the members elect voting in favor thereof and approved by the Mayor this l Sth day of September, 1986. [SEAL] ATTEST: Joseph M. Ritter, Mayor D. L. Harrison, City Clerk