A CHARTER ORDINANCE OF THE CITY OF BONNER SPRINGS, KANSAS, EXEMPTING THE CITY FROM THE PROVISIONS OF K.S.A. 12‑187 AND PORTIONS OF K.S.A. 12‑189 AND K.S.A. 12‑189e RELATING TO THE LEVYING AND COLLECTION OF LOCAL RETAILERS’ SALES TAXES AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS RELATING THERETO.

SECTION 1. Exemption‑K.S.A. 12‑187. The City, by the power vested in it by the Act, hereby elects to exempt itself from and make inapplicable to it, the provisions of K.S.A. 12‑187.

SECTION 2. Substitute and Additional Provisions ‑ K.S.A. 12‑187. The City does hereby adopt and provide the following substitute and additional provisions in place of K.S.A. 12‑187: City retailers’ sales taxes; procedure for imposition; election required; rate; use of revenue; continuation in effect of existing taxes.

(a)   The City may impose a retailers’ sales tax under the provisions of K.S.A. 12‑187 et seq. and this Charter Ordinance, provided that the Governing Body must first submit such proposition to and such proposition must receive the approval of a majority of the electors of the City voting thereon at an election called and held therefor. The Governing Body may submit the question of imposing a retailers’ sales tax and the Governing Body shall be required to submit the question upon submission of a petition signed by electors of the City equal in number to not less than 10% of the electors of the City.

(b)   The City (i) shall have the same power to levy and collect a City retailers’ sales tax that a Class A City is authorized to levy and collect under K.S.A. 12‑189, in effect as of the date of adoption of this Charter Ordinance and (ii) such sales tax shall be at the rate of .25%, .50%, .75% or 1.00%.

(c)   The City may submit the question of imposing a retailers’ sales tax at the rate of .25%, .5%, .75% or 1% and pledging the revenue received therefrom for the purpose of financing the provision of health care services and public safety and emergency services, as enumerated in the question, to the electors at an election called and held thereon. The tax imposed pursuant to this paragraph shall be deemed to be in addition to the rate limitations prescribed in K.S.A. 12‑189 and Section 4 hereof, and amendments thereto. As used in this paragraph, health care services shall include but not be limited to the following: Local health departments, City, County or district hospitals, City or County nursing homes, preventive health care services including immunizations, prenatal care and the postponement of entry into nursing homes by home health care services, mental health services, indigent health care, physician or health care worker recruitment, health education, emergency medical services, rural health clinics, integration of health care services, home health services and rural health networks. As used in this paragraph, public safety and emergency services shall include but not be limited to the following: the fire department and fire services, police department and police services, civil defense, and emergency management and preparedness.

(d)   Any City retailers’ sales tax previously levied by the City and remaining in effect as of the date of the adoption of this Charter Ordinance, shall continue in effect until repealed in the manner provided herein for the adoption and approval of such tax or until repealed by the adoption of an ordinance so providing.

(e)   The City shall have the same power to levy and collect a City retailers’ sales tax that a Class A City is authorized to levy and collect and in addition, the Governing Body may submit the question of imposing an additional City retailers’ sales tax in the amount of .125%, .25%, .5% or .75% and pledging the revenue received therefrom for economic development initiatives, strategic planning initiatives or for public infrastructure projects including buildings to the electors at an election called and held thereon. Any additional sales tax imposed pursuant to this paragraph shall expire no later than 10 years from the date of imposition thereof.

(f)   The City, when proposing to adopt a retailers’ sales tax, shall give notice of its intention to submit such proposition for approval by the electors in the manner required by K.S.A. 10‑120, and amendments thereto. The notices shall state the time of the election and the rate and effective date of the proposed tax. If a majority of the electors voting thereon at such election fail to approve the proposition, such proposition may be resubmitted under the conditions and in the manner provided in this act for submission of the proposition. If a majority of the electors voting thereon at such election shall approve the levying of such tax, the Governing Body of the City shall provide by ordinance for the levy of the tax. Any repeal of such tax or any reduction or increase in the rate thereof, within the limits prescribed by K.S.A. 12‑189 and Section 4 hereof, and amendments thereto, shall be accomplished in the manner provided herein for the adoption and approval of such tax except that the repeal of the City retailers’ sales tax may be accomplished by the adoption of an ordinance so providing. (g) the sufficiency of the number of signers of any petition filed under this Section shall be determined by the County election officer. Every election held under this act shall be conducted by the County election officer. (h) the Governing Body, when proposing to levy any retailers’ sales tax shall, specify the purpose or purposes for which the revenue would be used, and a statement generally describing such purpose or purposes shall be included as a part of the ballot proposition.

SECTION 3. Exemption‑ Portions of K.S.A. 12‑189 and K.S.A. 12‑189e. The City, by the power vested in it by the Act, hereby elects to exempt itself from and make inapplicable to it, the first sentence of each of K.S.A. 12‑189 and K.S.A. 12‑189e.

SECTION 4. Substitute and Additional Provisions ‑ K.S.A. 12‑189 and K.S.A. 12‑189e. The City does hereby adopt and provide the following substitute and additional         provisions in place of the first sentence of each of K.S.A. 12‑189 and K.S.A. 12‑189e:

       Except as otherwise provided by Section 2 above, the rate of any Class A, Class B or Class C City retailers’ sales tax shall be fixed in the amount of .25%, .5%, .75% or 1% which amount shall be determined by the Governing Body of the City.

SECTION 5. Severability. In the event that any provision or Section of this Charter Ordinance that 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.

(Repealed by C.O. No. 32)