AN ORDINANCE ENACTED PURSUANT TO SECTION 5 OF ARTICLE 12 OF THE CONSTITUTION OF THE STATE OF KANSAS, AND ALSO ENACTED PURSUANT TO K.S.A. 12-137, ET SEQ., AND ALL ACTS AMENDATORY AND SUPPLEMENTAL THERETO, AND EXEMPTING THE CITY OF ANDOVER, KANSAS FROM PROVISIONS OF K.S.A. 12-1697 RELATING TO THE LIMITATION UPON THE MAXIMUM RATE OF A TRANSIENT GUEST TAX WHICH THE GOVERNING BODY MAY LEVY; AND FROM PROVISIONS OF K.S.A. 12-16,101 RELATING TO THE ESTABLISHMENT OF A CONVENTION AND TOURISM COMMITTEE, AND PROVIDING FOR THE MANNER FOR THE EFFECTING OF OBJECTIONS TO SUCH ORDINANCE AND THE PROVISION FOR THE HOLDING OF AN ELECTION IN THE EVENT THAT A SUFFICIENT NUMBER OF OBJECTIONS ARE FILED WITHIN THE PROPER STATUTORY TIME AS PROVIDED BY K.S.A. 12-138.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ANDOVER, KANSAS:
SECTION 1. That this Ordinance is enacted pursuant to Section 5, Article 12 of the Constitution of the State of Kansas, and is enacted in further authority of K.S.A. 12-137, et seq., and all acts amendatory and supplemental thereto.
SECTION 2. That the City of Andover, Kansas hereby declares itself exempt from the provisions of K.S.A. 12-1697, and amendments thereto, to the extent that said statute limits the rate of tax the Governing Body may levy upon gross receipts derived from or paid by transient guests for sleeping accommodations to a rate not to exceed two percent (2%). The percentage of such tax shall be determined by the Governing Body and shall be specified in the resolution authorizing the same.
SECTION 3. That the City of Andover, Kansas hereby declares itself exempt from the provisions of K.S.A. 12-16,101, and amendments thereto, to the extent that said statute requires the Governing Body of a city levying a transient guest tax to establish a convention and tourism committee consisting of ten (10) members, a majority of which is required to be representatives of businesses coming within the terms of the transient guest tax; provided, however, that nothing herein shall be construed as exempting said City from the requirement that it establish a convention and tourism committee to make recommendations concerning the programs and expenditures for promotion of conventions and tourism.
SECTION 4. That in the event that the Governing Body of the City of Andover, Kansas passes a resolution authorizing the levy of a transient guest tax within the corporate limits of said City, the Governing Body shall establish a convention and tourism committee to make recommendations concerning the programs and expenditures for promotion of conventions and tourism. The Governing Body shall appoint a minimum of five (5) members to such committee, which members shall be involved with or interested in the promotion of conventions and tourism within the City. The Governing Body shall provide, by resolution, for the appointments and terms of service not to exceed four (4) years for such members. The Governing Body shall have the authority to contract for convention and tourism programs to be implemented.
SECTION 5. That except as otherwise provided Ordinance, nothing herein shall be construed as exempting of Andover, Kansas from any provisions of K.S.A. 12-1696, 12-1698, 12-1698a, 12-1699, 12-16,100, or 12-16,101.