A CHARTER ORDINANCE OF THE CITY OF BALDWIN CITY, KANSAS RELATING TO A TRANSIENT GUEST TAX LEVY FOR THE CITY OF BALDWIN CITY, KANSAS; PROVIDING FOR THE EXEMPTION OF SAID CITY FROM THE PROVISIONS OF SECTION 12-1697(a) and 12-1697(d), OF KANSAS STATUTES ANNOTATED; AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT

WHEREAS, the Governing Body, with the support of the lodging industry in the City of Baldwin City, sees value in collecting a Transient Guest Tax in Baldwin City; and

WHEREAS, proceeds from such Transient Guest Tax are intended to be used for the promotion of tourism, conventions, commerce and economic development in Baldwin City, as determined appropriate by the Governing Body; and

WHEREAS, Baker University is not considered a lodging vendor for purposes of this Charter Ordinance.

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

Section 1.            The City of Baldwin City, Kansas, a City of the third 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) and Section 12-1697(d) of the Kansas Statutes Annotated and amendments thereto. 

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 Baldwin City, Kansas, hereby adopts the following provision:

              A transient guest tax shall be levied in the City of Baldwin City, Kansas, of FIVE and SEVEN TENTHS percent (5.7%) 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.

Section 3.           Proceeds from such Transient Guest Tax shall be used for the promotion of tourism, conventions, commerce and economic development in Baldwin City, as determined appropriate by the Governing Body.

Section 4.           Severability.  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.

(02-18-2008; Repealed by C.O. No. 29)