A CHARTER ORDINANCE OF THE CITY OF IOLA, EXEMPTING THE CITY OF IOLA, KANSAS FROM THE PROVISIONS OF K.S.A. 12-187 to K.S.A. 12-197, INCLUSIVE, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, RELATING TO THE LEVY OF A SALES TAX BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF IOLA, KANSAS:

SECTION 1. The City does hereby adopt Charter Ordinance No. 13 of the Code of the City of Iola, to read as follows:

WHEREAS, K.S.A. 12-187 to 12-197, inclusive, authorizes a levy by cities of a sales tax, which provisions are not uniformly applicable to all cities; and

WHEREAS, pursuant to Article 12, Section 5 of the Constitution of the State of Kansas, cities may exempt themselves from such provisions and provide substitute and additional provisions therefor;

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY THE CITY OF IOLA, KANSAS:

Section 1: The City of Iola, Kansas, a city of the second class, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself from and makes inapplicable to it the provisions of K.S.A. 12-187 to 12-197, inclusive, and to provide substitute and additional provisions as hereinafter forth in this Ordinance. The referenced provisions are either enactments or parts thereof which are applicable to this City, but are not applicable uniformly to all cities.

Section 2: An additional sales tax shall be levied in the City of Iola, Kansas at a rate not to exceed one-half per cent (.5%) upon the gross sales receipts derived from all transactions for the sale of goods and property in the City. Once approved, this Ordinance shall become effective January 1 of the year immediately following its approval and continue in effect for a period not to exceed 10 years.

Section 3: All retailers subject to collecting this tax shall be responsible for paying it over to the State Department of Revenue in the manner prescribed by K.S.A. 12-187 to 12-197, inclusive, and any amendments thereto, and the State Department of Revenue shall administer and enforce the collection of such tax as provided therein.

Section 4: The tax levied and collected pursuant to Section 2 of this Ordinance shall become due and payable in a manner prescribed by K.S.A.12-187 and amendments thereto.

Section 5: Moneys shall only be expended as follows:

(a)   For the payment of bonds and interest and all other associated bond costs used to pay for the expansion and renovation of the Iola Public Library.

(b)   All excess money accumulated after the payment of the bonds, interest and associated costs will be deposited in the Library Capital Improvement Fund for future capital improvement as approved by the Library Board.

(08-27-2002)