A CHARTER ORDINANCE EXEMPTING THE CITY OF HAYSVILLE, KANSAS, FROM THE PROVISIONS OF THE WATER POLLUTION CONTROL ACT, K.S.A. 12-3101 THROUGH K.S.A. 12-3107, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS RELATING TO THE ESTABLISHMENT, OPERATION, MAINTENANCE, IMPROVEMENT, AND REGULATION OF SEWER SYSTEMS, INCLUDING BUT NOT LIMITED TO, STORM AND SURFACE WATER DRAINAGE SYSTEMS AND FLOOD PROTECTION WORKS, AND TO THE ISSUANCE OF BONDS FOR THE PURPOSE OF PAYING FOR THE PROPERTY AND IMPROVEMENTS NECESSARY FOR ALL ASPECTS OF THE MANAGEMENT OF THESE SYSTEMS.
WHEREAS, A Storm Water Management Program will provide both general and specific benefits to all property within the City of Haysville, (the “City”), and will include the provision of adequate systems of collection, conveyance, detention, retention, treatment and release of storm water; the reduction of hazards to property and life resulting from storm water runoff; improvement in general health and welfare through reduction of undesirable storm water conditions; improvement of water quality in the Storm Water Management System and its receiving waters; the provision of a planned and orderly system for managing and mitigating the effects of new development on storm water and appropriate balancing between development and preservation of the natural environment.
WHEREAS, The Storm Water Management Program will also initiate innovative and proactive approaches to storm water management within the City to address problems in areas of the City that currently are prone to flooding, protect against replication of these types of problems and the creation of similar problems in newly developing areas of the City, and assist in meeting the mandates of the National Pollutant Discharge Elimination System as created under the Federal Clean Water Act and associated state and federal laws and their supporting regulations.
WHEREAS, Both standard and innovative storm water management is necessary in the interest of the public health, safety and general welfare of the residents, businesses and visitors of the City.
WHEREAS, Implementation of the Storm Water Management Program will require the expenditure of significant amounts of public money.
WHEREAS, All developed property in the City will benefit from the Storm Water Management Program.
WHEREAS, The City desires to fairly distribute costs of the Storm Water Management Program implementation among all developed property which generates the need therefore.
WHEREAS, The City has determined that the establishment of a Storm Water Utility is an appropriate method of funding certain portions of the costs of implementing the Storm Water Management Program.
THE CITY OF HAYSVILLE, 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 MAKE INAPPLICABLE TO IT SECTIONS 12-3101, 12-3102, 12-3103, 12-3104, 12-3105, 12-3106, AND 12-3107 OF THE KANSAS STATUTES ANNOTATED, WHICH APPLY TO THE CITY, AND WHICH ARE NOT UNIFORMLY APPLICABLE TO ALL CITIES, AND THE CITY HEREBY PROVIDES FURTHER SUBSTITUTE AND ADDITIONAL PROVISIONS AS SET FORTH HEREIN.
SECTION 1. Definitions. For the purpose of this Charter Ordinance, the following words and phrases shall have the meaning ascribed to them in this section:
A. Person shall mean any person, firm, corporation, association, partnership, political unit, or organization.
B. Sewer, Sewer System, and Sewer Systems shall mean surface water and storm sewers that exist at the time this Charter Ordinance is adopted or that are hereafter established and all appurtenances necessary in the maintenance, operation, regulation, and improvement of the same, including, but not limited to, pumping stations; enclosed storm sewers; outfall sewers; surface drains; street, curb and alley improvements associated with storm or surface water improvements; natural and manmade wetlands; channels; ditches; rivers; streams; detention and retention facilities; and other flood control facilities and works for the collection, conveyance, pumping, treating, controlling, managing and disposing of water carried pollutants or storm or surface water.
C. Storm Water Customer shall mean the owner of any real property served, whether voluntarily or involuntarily, by the function of any Sewer, Sewer System, or Sewer Systems, which captures, controls, conveys, discharges, manages, or regulates the flow or water quality of storm and surface waters within and from the City, or is served by the administration, activities and operation of the Storm Water Management Program of the City. This service shall include, but not be limited to, capturing, controlling, conveying, discharging, improving, managing, and regulating the flow and water quality of storm and surface water from a property or from other properties situated at higher or lower elevations that might otherwise be subservient in right, and the administrative, planning, technical, regulatory and enforcement actions necessary to provide these services.
D. Storm Water Management Program shall mean all aspects of work necessary to perform and provide storm and surface water services in the City, including but not limited to administration, planning, engineering, operations, maintenance, best management practices, control measures, public education, citizen participation, regulation and enforcement, protection, and capital improvement of systems and facilities, plus such non-operating expenses as reserves and bond debt service coverage associated with provision of the Storm Water Management Program.
SECTION 2. Sewer Systems; Powers of the City. The City shall have all powers necessary or convenient to plan, study, design, alter, enlarge, extend, improve, construct, reconstruct, develop, redevelop, operate, maintain, protect, manage, and regulate and enforce the proper use of a Sewer System or Sewer Systems, including the powers that the City may, from time to time, establish by way of ordinances and/or resolutions adopted by the Governing Body of the City and including, but not by way of limitation, the following powers:
A. To impose service fees on Storm Water Customers. The method of calculating and fixing these service fees shall be as established by ordinary ordinances or by rules and regulations heretofore or hereafter adopted;
B. To provide that service fees authorized in subparagraph (A) above may be certified by the City Clerk to the County Clerk of Sedgwick County, Kansas, to be placed on the tax roll for collection, subject to the same penalties and to be collected in like manner as taxes;
C. To use the proceeds of the service fees authorized in subparagraph (A) above, together with any other available revenues, to pay the costs of the Storm Water Management Program, including but not limited to the costs to plan, study, design, engineer and operate the Storm Water Management Program and to plan, study, design, engineer, alter, enlarge, extend, improve, construct, reconstruct, develop, redevelop, operate, maintain, manage, protect, acquire real or personal property by purchase, lease, donation, condemnation, or otherwise for, and regulate and enforce the use of a Sewer System or Sewer Systems;
D. To use and to pledge the proceeds of the service fees authorized in subparagraph (A) above, and any available taxes, to pay the principal and interest on general obligation or revenue bonds heretofore or hereafter issued; and pending the issuance of the general obligation bonds or revenue bonds to issue temporary financing for these purposes;
E. To contract with agencies of the federal government, the State of Kansas, other states, counties, cities, drainage districts, public bodies of the state, or other states, or with any person to jointly plan, study, design, alter, enlarge, extend, improve, construct, reconstruct, develop, redevelop, operate, maintain, protect, acquire real or personal property by purchase, lease, donation, condemnation, or otherwise for a Sewer System or Sewer Systems; regulate the use of a Sewer System or Sewer Systems; and to plan, study, design, engineer, operate, administer, maintain, and manage the Storm Water Management Program;
F. To contract with agencies of the federal government, State of Kansas, other states, counties, cities, drainage districts, public bodies of the state, or other states, or with any person for receiving and treating storm or surface water from outside the limits of the City;
G. To carry out the Storm Water Management Program, including but not limited to the power to plan, study, engineer, design, administer, manage, maintain, and operate the Storm Water Management Program and to plan, study, design, engineer, alter, enlarge, extend, improve, construct, reconstruct, develop, redevelop, operate, maintain, protect, acquire real or personal property by purchase, lease, donation, condemnation, or otherwise for and regulate the use of a Sewer System or Sewer Systems within or outside the City;
H. To borrow money and to apply for and accept advances, loans, grants, contributions, or any other form of financial assistance from the federal government, the State of Kansas, other states, counties, cities, drainage districts, or any other public body for the purposes of this act, and the City may, when contracting with the federal government for financial assistance, include in any contract the conditions imposed pursuant to federal law as the City may deem reasonable and appropriate;
I. To, under the authority granted herein, establish a storm and surface water utility to be accounted for as a separate enterprise fund or special revenue fund of the City, as deemed reasonable and appropriate by the Governing Body of the City; and
J. To utilize any mechanism deemed reasonable and appropriate by the Governing Body of the City to deliver billings to Storm Water Customers for services.
SECTION 3. Rules and Regulations Authorized; Billing and Collection of Service Fees. The City shall have the power by ordinance or resolution to adopt rules and regulations that shall relate to the management and operation of its Storm Water Management Program and Sewer System or Sewer Systems; the method of calculating and fixing the service fees applicable to properties served by the Sewer System or Sewer Systems or activities associated therewith; security for the payment thereof, and methods and rules of collection; and the disposition of the revenue therefrom. In the event any person served by the City’s Sewer System or Sewer Systems shall neglect, fail or refuse to pay service fees fixed by the Governing Body of the City, as authorized by rules and regulations adopted under the authority of this section and if a billing system has been established for the delivery and collection of service fees, the City may take any action authorized by law to collect any fees that are due and owing, including the provisions provided for in Chapter 15 of the Haysville City Code regarding collection of overdue sewer or water fees.
SECTION 4. Issuance of Sewer System revenue bonds; requirements.
A. The Governing Body of the City shall have the power to issue revenue bonds from time to time in its discretion, without an election, to finance the planning, altering, enlarging, extending, improving, constructing, and reconstructing of a Sewer System or Sewer Systems under this Charter Ordinance. Such bonds shall be made payable, as to both principal and interest, solely from the income, proceeds, revenues, and funds of the City derived from or held in connection with its Sewer System or Sewer Systems: Provided, however, that payment of such bonds, both as to principal and interest, may be further secured by a pledge of any loan, grant or contribution from the federal government.
B. Bonds issued under this section shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction, and shall not be subject to the provisions of any other law relating to the authorization, issuance or sale of bonds. Bonds issued under the provisions of this Charter Ordinance are declared to be issued for an essential public and governmental purpose and, together with interest thereon and income therefrom, shall be exempted from all taxes.
C. Bonds issued under this section shall be authorized by ordinance or resolution of the governing body and may be issued in one or more series and shall bear such date or dates, be payable on demand or mature at such time or times, bear interest at such rate or rates, not exceeding the maximum rate of interest prescribed by K.S.A. 10-1009, be in such denomination or denominations, be in such form, have such rank or priority, be executed in such manner, and be subject to such terms of redemption (with or without premium), be secured in such manner, and have such other characteristics as may be provided by such ordinance or resolution issued pursuant thereto.
SECTION 5. Powers supplemental and additional. The power granted herein with respect to the Storm Water Management Program, including but not limited to the power to plan, study, design, engineer, alter, enlarge, extend, improve, construct, reconstruct, develop, redevelop, operate, manage, maintain, protect, acquire real or personal property by purchase, lease, donation, condemnation, or otherwise for and regulate the use of a Sewer System or Sewer Systems and to issue bonds shall be supplemental to and not amendatory of the provisions of all other laws heretofore or hereafter in force and shall not be construed to limit the City’s authority under the provisions of any other laws.
(12-28-2006)