CHAPTER I. ADMINISTRATIONCHAPTER I. ADMINISTRATION\ARTICLE 8. REVENUE, FINANCE AND COMMUNITY DEVELOPMENT

(a)   A majority of the electors voting thereon having approved, at a special question election held on April 5, 2006, the levying of a retailer's sales tax in the City of Greensburg, for the purposes of operating, maintaining, repairing and improving the Big Well tourist attraction in the City of Greensburg, Kansas, and for such other general governmental purposes as may be in the best interest of the City, as authorized by K.S.A. 12-187 et seq., and amendments thereto, there is hereby levied a city retailer's sales tax· in the amount of one-half of one percent (0.5%) to take effect on the 1st day of October, 2006.

(b)   Except as otherwise provided by law, such tax shall be identical in its application and exemptions therefrom to the Kansas Retailer's Sales Tax Act and all laws and administrative rules and regulations of the Kansas Department of Revenue relating to the state retailer's sales tax shall apply to such city retailer's sales tax insofar as such laws and regulations may be made applicable. The services of the department of revenue shall be utilized to administer, enforce and collect such tax.

(Ord. 921)

(a)   A majority of the electors voting thereon having approved, at a special question election held on April 3, 2007, the levying of a retailer’s sales tax in the City of Greensburg, for the purposes of funding capital improvement and repairs to City infrastructure projects and for such other governmental purposes as may be in the best interest of the City of Greenburg, as authorized by K.S.A. 12-187 et seq., and amendments thereto, there is hereby levied a city retailer’s sales tax in the amount of one-half of one percent (0.5%), which is in addition to any existing sales tax levied by the City of Greensburg, Kansas, to take effect on the 1st day of October, 2007.

(b)   Except as otherwise provided by law, such tax shall be identical in its application and exemptions therefrom to the Kansas Retailer’s Sales Tax Act and all laws and administrative rules and regulations of the Kansas Department of Revenue relating to the state retailers sales tax shall apply to such city retailer’s sales tax insofar as such laws and regulations may be made applicable. The services of the Kansas Department of Revenue shall be utilized to administer, enforce and collect such tax.

(Ord. 942)

(a)   Creation. Under the authority of the Act there is hereby created by the Governing Body a municipal corporation to be known as the “City of Greensburg, Kansas Public Building Commission” (the “PBC”).

(b)   Composition. The PBC shall consist of six (6) Members who shall be the same persons as serve as the duly qualified and acting Mayor and Council Members of the Governing Body of the City. The Members shall serve terms simultaneous with their terms as Members of the City’s Governing Body. The Members shall serve without compensation. In the event that the PBC provides buildings or structures that are leased to governmental entities other than the City, (a) the composition of the PBC shall be modified by subsequent ordinance of the Council to conform to the requirements of the Act and (b) the Governing Body shall approve such buildings or structures.

(c)   Purpose, Powers and Functions. The PBC is created for the purposes of, and shall have the powers and shall perform the functions set forth in, the Act, as may be amended or supplemented, including by home rule action of the City. The Governing Body, by ordinance or charter ordinance hereafter taking effect, shall have the authority to limit, expand or otherwise alter the purposes, powers or functions of the PBC.

(d)   Support Services. Unless otherwise approved by the Governing Body, the City administrative staff shall provide administrative services to the PBC and the City’s bond counsel and City Attorney shall provide legal services to the PBC.

(e)   Further Action.  The PBC shall have the authority to adopt bylaws, resolutions or other official actions authorized by the Act and not inconsistent with the provisions of this Ordinance to govern its actions.

(C.O. 11; Ord. 988; Ord. 1065)

(a)   Fund Established.  In accordance with the provisions of K.S.A. 12-1,117 there is hereby established a municipal equipment reserve fund, which shall be used by the City to finance the acquisition of equipment necessary for the performance of various functions and services of the City.  For the purpose of this ordinance, the word “equipment” shall mean machinery, vehicles, and other equipment or personal property including, but not limited to, computer hardware and software, which the city is authorized to purchase for municipal purposes which has an estimated future purchase or replacement cost in excess of $2,000.00 and a life expectancy of not less than three years.

(b)   Policy Objective.  It is the policy objective of the governing body that such equipment reserve fund shall be used as a financing mechanism to secure the planned and orderly acquisition and replacement of equipment necessary for the efficient and effective operation of the city.  It is the further intent of the governing body to annually approve in the future the budgeting of current revenues sufficient (a) to finance the acquisition of new equipment needed in the following year and (b) to finance needed future replacements and acquisitions by setting aside a reserve amount.

(c)   Plan of Operation.  The City Treasurer and the City Administrator shall prepare a plan of operation for the implementation of this ordinance and for the achievement of the policy objectives of the governing body.  The City Administrator shall annually submit, at the same time the proposed annual budget is submitted, a proposed equipment acquisition program for each of the following three years.  The proposed budget shall include an amount sufficient to finance proposed equipment for the following year, plus an amount to be reserved as set forth in the annually revised and extended equipment acquisition program.

(d)   Investing.  Moneys in the equipment reserve fund shall be invested in accordance with the provisions of K.S.A. 10-131 and amendments thereto, with the interest earnings credited to such fund.

(Ord. 1046)

(a)   HEARING. This governing body pursuant to due notice did hold a public hearing on November 12, 2012 at 6:00 p.m. to hear and consider public comment on a Neighborhood Revitalization Plan and held such hearing after publishing notice of the hearing at least once each week for two consecutive weeks in the Kiowa County Signal, Greensburg, Kansas, all as required by K.S.A. 12-17,177.

(b)   FINDINGS AND PLAN ADOPTION: The governing body hereby finds that the conditions described in K.S.A. 12-17,115(c) exist within Kiowa County, Kansas, and by reason thereof the governing body should and does hereby approve and adopt the Plan.

(c)   DESIGNATION OF REVITALIZATION AREA: Pursuant to K.S.A. 12-17,116, the governing body designates, to the extent the governing body has taxing authority therein, a Neighborhood Revitalization Area as follows:

       Commencing at the intersection of the west line of range twenty west with the north line of township twenty-seven; thence south along the range line, to its intersection with the north line of township thirty-one; thence east along township line, to where it intersects the west line of range fifteen west; thence north along range line, to where it intersects with the north line of township twenty-seven; thence west, to the place of beginning.

(Ord. 1024)

(a)   As used in this section, the following words and phrases shall be defined as follows:

(1)   “Person” means an individual, firm, partnership, corporation, joint venture, or other association of persons;

(2)   “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 two bedrooms furnished for the accommodation of such guests.

(3)   “Transient Guest” means a person who occupies a room in a hotel or motel for not more than 28 consecutive days.

(4)   “Hotel or Motel 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 hotel or motel.

(5)   “Convention and Tourism Promotion” means: (A) Activities to attract visitors into the community through marketing efforts, including advertising, directed to at least one of the five basic convention and tourism market segments consisting of group tours, pleasure travelers, association meetings and conventions, trade shows, and corporate meetings and travel; and (B) support of those activities and organizations which encourage increased lodging facility occupancy.

(6)   “Accommodation Broker” means any hotel or motel business which maintains an inventory of two or more rooms in one or more locations which are offered for pay to a person or persons for not more than 28 consecutive days.

(b)   To provide revenues to promote tourism and conventions, a transient guest tax is levied in the City of Greensburg, Kansas, upon the gross receipts derived from or paid directly or through an accommodations broker by transient guests for sleeping accommodations, exclusive of charges for incidental services or facilities, in any hotel or motel shall be at the rate of 7% as established by Charter Ordinance 14.

(c)   The transient guest tax levied pursuant to this ordinance shall be based upon the gross rental receipts collected by any hotel or motel business or accommodations broker.

(d)   The tax levied pursuant to this ordinance shall be paid by the consumer or user to the hotel or motel business and it shall be the duty of each and every business to collect from the consumer or user the full amount of any such tax, or an amount equal as nearly as possible or practical to the average equivalent thereto. Each hotel or motel business collecting any of the tax levied hereunder shall be responsible for paying over the same to the State Department of Revenue in the manner as prescribed by K.S.A. 12-1698, and amendments thereto, and the State Department of Revenue shall administer and enforce the collection of such tax.

(e)   The tax levied and collected pursuant to subsection (b) shall become due and payable and shall be paid, collected, reported, recorded, enforced, and disbursed in the manner prescribed by K.S.A. 12-1698, and amendments thereto, and K.S.A. 12-1698a, and amendments thereto. All taxes remaining after the 2 percent deduction for expenses of the Department of Revenue in administration and enforcement of the collection thereof shall be remitted to the City of Greensburg and shall be credited to the Convention and Tourism Fund hereinafter established and shall only be expended out of said fund as hereinafter provided.

(f)   A Convention and Tourism Fund is hereby established to receive disbursements of money from the Secretary of Revenue of the State of Kansas as provided in subsection (c) of K.S.A. 12-1698.

(g)   Moneys in the Convention and Tourism Fund shall only be expended as follows:

(1)   The Convention and Tourism Committee hereinafter established shall annually consider all requests for expenditure of transient guest tax funds and shall prepare a budget of expenditures for each year to be submitted to the Governing Body for its approval and action.

(2)   The Governing Body shall consider the expenditures proposed from the Convention and Tourism Fund by the Convention and Tourism Committee and shall adopt a budget of such expenditures that may, in the discretion of the Governing Body, vary from the proposal of the Convention and Tourism Committee. The Governing Body may at any time seek further advice and recommendations from the Convention and Tourism Committee regarding such expenditures but reserves the exclusive authority to make final decisions thereon.

(3)   Such funds may be used:

(A)  To contract with any agency, organization, or firm to promote conventions and tourism in the City and its environs;

(B)  To provide for the operation, maintenance, expansion, or development of City facilities connected with convention and tourism;

(C)  To defray the cost of providing municipal services to convention and tourism functions, including police, fire, street department, or park and recreation department functions;

(D)  To create and maintain innovative projects and activities promoting conventions and tourism;

(E)   To promote the general economic welfare of the City and Kiowa County through the attraction of tourist related industries.

(F)   Such other purposes approved by the City Council consistent with the goals and purpose of promoting conventions and tourism.

(h)   A ‘Convention and Tourism Committee’ is hereby established to advise the Governing Body and make recommendations concerning the programs and expenditures for convention and tourism promotion. The Committee shall consist of not less than six (6) nor more than ten (10) members appointed by the Governing Body of the City. The Governing Body of the City shall appoint such members and shall provide by resolution for the terms of service of each of such members, which terms shall not exceed four (4) years and shall be staggered to attain continuity of Committee actions. A Committee member may be appointed for successive terms. The City Council may at any time in its sole discretion remove a member from the Committee.

(i)    Each member of the Convention and Tourism Committee shall be representative of one or more of the following groups:

 

(1)   Owners, operators, or employees of persons engaged in the hotel or motel business within the City, whether such members reside inside or outside the City.

(2)   Representatives from agencies or organizations actively engaged in promoting conventions or tourism or from facilities or organizations of historic or cultural attraction in the City or its environs.

(3)   Members of the general public.

(4)   Employees of the City or members of City boards or commissions.

(5)   Adult high school students or college students who are residents of the City of Greensburg or Kiowa County.

(6)   One member of the City Council.

(j)    The Committee shall adopt subject to City Council review and approval, Bylaws regarding the manner in which the business of the Committee will be conducted which shall include the following:

(1)   Regular meetings at a time and place shall be established by them.

(2)   All meetings shall be open to the public and shall be subject to the provisions of the Kansas Open Meetings Act.

(3)   The Committee shall elect a chairperson and vice chairperson.

(4)   No member of the Committee shall receive any compensation for service thereon and provision for member attendance; and

(5)   Such other provisions deemed appropriate.

(k)   The City shall have authority to contract for the expenditures of money from the convention and tourism fund. Recommendations for expenditures shall be made by the Convention and Tourism Committee to the Governing Body, or in the event such recommended expenditures are within the expenditure authority of the City Administrator, such recommendations may be made to the City Administrator and the City Administrator may authorize such expenditures.

(C.O. 6; C.O. 8; C.O. 14; C.O. 16; Code 2014)

(a)   The following are designated as main trafficways of the city pursuant to K.S.A. 12-685 et seq. for purposes of bond financing certain improvements:

(1)   Bay Street, from the north city limits to the south city limits;

(2)   Grove Street, from Kansas Avenue to the south city limits;

(3)   Main Street, from the north city limits to the south city limits;

(4)   Olive Street, from the St. Louis, Southwestern Railway Company right-of-way to Grant Avenue;

(5)   Pennsylvania Avenue, from Main Street to Olive Street;

(6)   Ohio Avenue, from Bay Street to the east city limits; and

(7)   Grant Avenue, from the west city limits to the east city limits.

(K.S.A. 12-685 et seq.; Code 1986, 14-208; Code 2007, 14-207; Code 2014)