A CHARTER
ORDINANCE TO EXEMPT THE CITY OF HILLSBORO, KANSAS, FROM K.S.A. 12-1696 TO
12-16,101, INCLUSIVE; LEVYING A TRANSIENT GUEST TAX AND PROVIDING FOR THE
AUTHORIZED EXPENDITURES THEREOF; CREATING A CONVENTION AND TOURISM COMMITTEE
AND PROVIDING FOR MEMBERSHIP THEREON.
BE IT ORDAINED BY
THE GOVERNING BODY OF THE CITY OF HILLSBORO, KANSAS:
SECTION 1. Pursuant to the provisions of Section 5,
Article12, of the Constitution of the State of Kansas, the City of Hillsboro, Kansas,
hereby elects to exempt itself from, and make inapplicable to it, Sections
12-1696 to 12-16,101, inclusive, of Kansas Statutes Annotated and any
amendments thereto which apply to said City, but the provisions of which do not
apply uniformly to all cities, and to provide substitute and additional
provisions as hereinafter set forth.
SECTION 2. DEFINITIONS. As used in this article, the
following words and phrases shall have the meanings respectively ascribed to
them herein:
a. Person means an individual, firm,
partnership, corporation, joint venture or other association of persons:
b. Hotel or motel means any structure or
building which contains rooms furnished for the purposes of providing lodging,
which may or may not also provide meals, entertainment or various other
personal services to transient guests, and which is kept, used, maintained,
advertised or held out to the public as a place where sleeping accommodations
are sought for pay or compensation by transient or permanent guests and having
more than eight (8) bedrooms furnished for the accommodation of such guests:
c. Transient guest means a person who
occupies a room in a hotel or motel for not more than 28 consecutive days:
d. Business means any person engaged in
the business of renting, leasing or letting quarters, sleeping accommodations,
rooms or a part thereof in connection with any motel or hotel:
e. Tourism means the practice of touring
or traveling for recreation, business or education:
f. Touring means a trip, excursion, or
circular journey for business, recreation, or education.
SECTION 3. TRANSIENT GUEST TAX. A transient guest tax may be levied in the city, at a rate not
to exceed three percent upon the gross rental receipts derived from or paid by
transient guests for lodging or sleeping accommodations, exclusive of charges
for incidental services or facilities, in any hotel or motel. 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.
SECTION 4. SAME: TOURISM AND CONVENTION FUND. A “Tourism
and Convention Fund” is hereby established to receive disbursements of moneys
from the Secretary of Revenue, as provided in Subsection (d) of K.S.A. 12-1698.
SECTION 5. TOURISM AND CONVENTION FUND: EXPENDITURES. The
revenues from the transient guest tax shall only be expended as provided
herein:
a. The revenues from said tax shall be
disbursed by the City to the Convention and Tourism Committee created herein
for expenditure for convention and tourism related programs.
b. No such disbursements shall be made to
the Convention and Tourism Committee until the governing body shall have
approved a proposed program of activities and annual budget for such Committee.
The Committee shall expend only such amounts as are budgeted to it by the
governing body, and only for such purposes as are outlined in the approved
program of activities.
SECTION 6. HILLSBORO CONVENTION AND TOURISM COMMITTEE.
There is hereby created the Hillsboro Convention and Tourism Committee, with
the duties and powers as set forth herein. The Hillsboro Convention and Tourism
Committee shall constitute a body corporate and politic possessing equal powers
of a corporation for public purposes under the name and style of “The Hillsboro
Convention and Tourism Committee”. The following provisions shall apply to such
Committee:
a. Said Committee shall consist of ten
(10) members appointed by the Mayor and confirmed by a majority of the City
Council. Initially, their terms shall be as follows: five (5) members appointed
for terms ending December 31, 1994; five (5) members for terms ending December
31, 1995. Thereafter, at the expiration of the terms of the original appointive
members, their successors will be appointed for two (2) years each, and will
serve until their successors are appointed and qualified for office. Any
vacancies in the membership of the Committee will be filled by the appointment
of a member, as in the case of the original appointment, for the unexpired term
of a member whose office shall be vacant.
b. Members of the Committee shall be
representatives of one of the following three groups:
i. Owners, operators or employees of persons
engaged in the hotel or motel business within the city, and such members may
reside inside or outside of the City;
ii. Representatives from agencies or
organizations actively engaged in promoting tourism, and from facilities or
organizations of historic or cultural attractions in the area;
iii. Members of the general public.
No more than five
(5) representatives from any one of the above three groups shall be members of
the Committee at any time. In making appointments to the Committee, the Mayor
shall designate which group the appointed member is to represent.
c. Employees of the City and members of
boards or commissions of the City may be appointed to say Committee.
d. Said Committee shall elect from its
members a chairperson and one vice-chairperson for a term of one (1) year each.
e. Said Committee shall hold regular
meetings at a time and place as established by the Committee, all subject to
the approval of the governing body. All regular meetings shall be open to the
public.
f. No member of the Convention and
Tourism Committee shall receive any compensation whatever for his or her
service as a member of that Committee.
g. The Committee shall have the following
powers and duties:
i. To engage in projects and activities that
relate to the promotion of conventions and tourism, and to administer in all
respects the business and affairs of the Committee in carrying out such
projects and activities.
ii. To purchase equipment and supplies necessary
to carry out the projects and activities of the Committee.
iii. To employ a staff person or persons to assist
the Committee in its work and in the promotion of convention and tourism
activities, and such other employees as the Committee shall deem necessary, and
to remove them and to fix their compensation.
iv. To receive, accept and administer any money
or any other property appropriated to it by the City, or from any gift or
donation. In no case, however, shall the Committee own any real estate in its
own name without permission of the governing body.
v. To determine the place or places from which
the Committee or any employees of such Committee shall conduct the operations
or activities approved by the Committee.
vi. Make recommendations to the governing body
concerning the overall promotion of convention and tourism in the city.
vii. To prepare an annual budget and program of
activities and submit the same to the governing body for its final
determination and approval.
viii. To have prepared an annual report on and audit
of its activities, which shall be presented to the governing body, and which
shall be prepared in the necessary detail as required by the Director of
Finance or the auditors of the City.
ix. To report to the governing body at such other
times as may be requested by the governing body.
h. The Committee created herein shall not
engage in any programs or activities, or expend any monies for any purpose,
until such programs, activities, and an annual budget have been approved by the
governing body.
(02-16-1993; Amended by C.O. No. 10)