APPENDIX A – CHARTER ORDINANCESAPPENDIX A – CHARTER ORDINANCES\CHARTER ORDINANCE NO. 15

A CHARTER ORDINANCE EXEMPTING THE CITY OF ST JOHN, KANSAS, FROM THE PROVISIONS OF K.S.A. 12-3101 THROUGH 12-3107, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS RELATING TO STORM SEWER SYSTEMS, THE ISSUANCE OF BOND FOR NECESSARY IMPROVEMENTS, AND THE ESTABLISHMENT OF A STORM SEWER UTILITY.

WHEREAS, K.S.A. 12-856 et.seq. provides for the combined operation of the City waterworks and sewage disposal system, including the issuance of bonds for improvements to such system; and

WHEREAS, the improvements, operation, and maintenance of a storm sewer system require a comprehensive effort separate and distinct from a water and sanitary sewer system and facilities, including necessary and appropriate legal authority to improve, operate and maintain a storm sewer system;

NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST JOHN, KANSAS;

Section 1.  The City of St John, Kansas, by virtue of the powers vested in it by Article 12 , Section 5, of the Constitution of the State of Kansas, hereby elects to exempt itself and hereby makes inapplicable to it K.S.A. 12-3101 through 12-3107 inclusive, which apply to the City of St John, Kansas, but do not uniformly to all Kansas cities, and the City provided for substitute and additional provisions as set forth herein.

Section 2.  Definitions.  For the purposes of this Charter Ordinance, the words and phrases:

(A)  “Improve” shall mean to plan, map, engineer, design, alter, enlarge, extend, construct, reconstruct, develop, and redevelop a storm sewer system, and all thins appurtenant thereto.

(B)   “Storm Sewer” or “Storm Sewer System” shall mean storm sewers that exist at the time this Charter Ordinance is adopted or that thereafter established and all appurtenances necessary in the maintenance and operation of the same, including, but not limited to, pumping stations, main sewers, intercepting sewers, outfall sewers, street, curb and alley improvements associated with storm sewer improvements, surface drains, channels, drainage ways or easements, levees, detention and retention facilities, streams and other flood control facilities and works for the collection, transportation, quality treatment, pumping, treating, and disposing of storm water or surface waters.

Section 3.  Storm Sewer Systems, Powers of City.  The City of St John, Kansas shall have all the powers necessary or convenient to improve and operate a storm sewer system, including such powers as the City of St John, may from time to time, establish by way of ordinance adopted by the governing body of the City and including, but not by way of limitation the following powers:

(A)  To impose service charges on property served by the City’s storm sewer system. The method of calculating and fixing such service charges, and the method of billing and collecting such charges, shall be established by rules and regulations heretofore or hereafter adopted.  In the event any person, firm, corporation, political unit or organization living or operating a property served by the City’s storm sewer system shall neglect, fail or refuse to pay the service charges fixed by the governing body of the City, the City, may, as authorized by rules and regulations adopted under this authority of this section, refuse the delivery of water or electricity through pipes, mains or lines of its publically owned water works and electrical works until such time as such charges are fully paid.

(B)   To provide that storm water sewer charges authorized in subparagraph (A) above shall, when delinquent, be certified to the Clerk of the District Court to be placed on the tax roll for collection, subject to the same penalties and to be collected in like manner as other taxes, and such charges shall, thereafter, constitute a lien upon the real estate served by the storm water system and against which such charges are made, or the same may also be certified to the Kansas Department of Revenue and or subject to setoff against state income tax refunds as provided by the State of Kansas setoff program.

(C)   To use the proceeds of storm sewer service charges authorized in subparagraph (A) and such other lawful available revenue sources, to improve, operate and maintain a storm sewer system pursuant to an adopted comprehensive storm water management plan and adopted policies implementing such plan, including policies regarding the financing of storm water improvements;

(D)  To use the proceeds of the storm sewer service charges authorized in subparagraph (A) and such other lawful available revenue sources to pay the principal and interest on bonds heretofore and hereinafter issued for the improvement of storm sewer system and to pay principal and interest on bonds issued under the authority of this ordinance.

(E)   To issue general obligations bonds of the City or revenue bonds payable from the revenues of the storm sewer system, and to use the proceeds of such bonds to improve a storm sewer system;

(F)   To improve a storm sewer system pursuant to K.S.A. 12-6a01 et.seq. The General Improvement and Assessment Law or other applicable statutes;

(G)  To contract with agencies of the federal government, the State of Kansas, the county, the drainage district (if any), other public bodies of this state, or with any private person or body for  jointly improving, operating and maintaining a storm sewer system, provided that such agreements may include commitments regarding the financing of such improvements;

(H)  To borrow money and to apply for and accept advances, loan, grants, contributions or any other form of financial assistance from the federal government, the State of Kansas, the county, the drainage district (if any), or other public bodies of this state, or with any private person or body for improving, operating and maintaining a storm sewer system;

(I)    To acquire property, right of way, or easements, within or outside the city limits of the City, by purchase, gift, transfer, or eminent domain for the purposes set forth in this Charter Ordinance.

(J)    To improve, maintain and operate a storm sewer system outside the city limits of the City pursuant to the approval of the county;

(K)  To establish a storm sewer utility, a storm sewer utility fund, and such other administrative conveniences as may be deemed necessary;

(L)   To prohibit or regulate the discharge into the storm sewer system of matter deleterious to the proper operation of the storm sewer system and the general health, safety and welfare of the community, and to establish such other regulations regarding the use of the storm sewer system as are beneficial.

Section 4.  There is hereby created a storm sewer utility fund for the City.  The purposes of said utility shall be for the establishment of an additional and alternative source of revenue for maintaining and financing the construction, operation, maintenance, and improvement of the City’s storm water collection system, including, as necessary, new construction.  At the end of any fiscal year, the balance, if any, of the storm sewer utility fund, shall be carried forward to the subsequent fiscal year as a reserve for future uses as provided in this article.

Section 5. Storm sewer system utility fee.

(A)  A storm sewer utility fee of two dollars ($2.00) per month shall be charged to each customer.

(B)   The governing body shall review the storm sewer utility fee from time to time as necessary, to ensure that adequate revenue and fund balances are maintained for the purpose set forth in this article and may change fees by resolution.

Section 6.   Powers herein supplemental and additional.  The powers herein granted to improve, operate and maintain a storm sewer system and to issue bonds shall be supplemental to and not amendatory of the provisions of all other laws and shall not be construed to limit the City’s authority under the provisions of other laws.

(09-04-2007)