CHARTER ORDINANCE NO. 89

CHARTER ORDINANCE amending Charter Ordinance No. 75; exempting the City of Kansas City, Kansas, from certain provisions of K.S.A. 80-2024, relating to city control of annexed portions of township sewer districts, connection fees, tapping fees and powers of the governing body; and providing substitute and additional provisions on the same subject; and repealing said original Charter Ordinance No. 75.

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

Section 1. The City of Kansas City, Kansas, by the power invested in it by article 12, section 5, of the Constitution of the State of Kansas, hereby elects and exempts itself from and makes inapplicable to it, certain provisions of K.S.A. 80-2024, which apply to all cities except those cities of the first class having a population of not less than 85,000, nor more than 120,000, and to provide substitute and additional provisions as hereinafter provided.

Section 2.

In the event the territory included within a sewage district, or any part thereof, organized pursuant to the provisions of sections 80-2001 to 80-2020, both sections inclusive, of the General Statutes of 1949 becomes a part of a city, such city shall control, and manage that portion of the sewer system within the boundaries of such city, and shall be responsible for the certification of the outstanding bonds. Such city shall not permit any person, firm or corporation, governmental agency or body politic, not within the boundaries of the sewage district at the time of annexation, to use the facilities of such a sewage system without paying a sum of money as a connection fee and tapping fee therefor, which connection fee and tapping fee shall be fixed by the governing body of the city, pursuant to section 32-47 and section 32-47.1 of the Code of Ordinances, City of Kansas City, Kansas [See now § 30-66 et seq.]. Such connection fee and tapping fee shall be paid to the office of the city treasurer, to be deposited in the sewer system fund.

For the purpose of paying the connection fees and tapping fees and for the purpose of providing for the extension of use of the facilities in the event of annexation, such city annexing all or part of such sewage district may extend the boundaries of the sewage district, or lateral sewer district, or organize lateral sewer districts, and levy assessments and issue bonds and construct main or lateral sewers, all as is provided in sections 80-2001 to 80-2020, both sections inclusive, of the General Statutes of 1949.

Section 3. That said original Charter Ordinance No. 75 be and the same is hereby repealed.

Section 4. This ordinance shall be published once each week for two consecutive weeks in the official city paper.

Section 5. This is a Charter Ordinance and shall take effect 61 days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in article 12, section 5, subdivision (c)(3), of the Constitution of Kansas, in which case the ordinance shall become effective if approved by a majority of the electors voting thereon.

PASSED BY THE GOVERNING BODY, NOT LESS THAN TWO-THIRDS OF THE MEMBERS-ELECT VOTING IN FAVOR THEREOF, THIS 21st DAY OF OCTOBER, 1982.

Approved:

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Mayor

Attest:

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City Clerk