CHARTER ORDINANCE NO. CO-04-08

Unified Government of Wyandotte County/Kansas City, Kansas

A CHARTER ORDINANCE exempting the Unified Government of Wyandotte County/Kansas City, 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, sanitary sewers, and to the issuance of bonds for the purpose of paying for the property and improvements necessary for all aspects of the management of such systems;

BE IT ORDAINED BY THE GOVERNING BODY OF THE UNIFIED GOVERNMENT OF WYANDOTTE COUNTY/KANSAS CITY, KANSAS:

Section 1. The Unified Government of Wyandotte County/Kansas City, 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 sections 12-3101, 12-3102, 12-3103, 12-3104, 12-3105, 12-3106, and 12-3107 Kansas Statutes Annotated, which apply to said Unified Government, acting as a city of the first class, and are not uniformly applicable to all cities, and the Unified Government provides further substitute and additional provisions as set forth herein and a new article VIII, entitled "Stormwater Utility," in Chapter 30 of the 1988 Code of Ordinances of the City of Kansas City, Kansas adopted by ordinary ordinance as amended.

Section 2. Definitions. For the purpose of this Charter Ordinance, the words and phrases "Sewer," "Sewer System" and "Sewer Systems" shall mean sanitary, surface water, storm sewers, and flood protection works 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, sewage treatment plants, main sewers, intercepting sewers, lateral 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, dikes, berms, detention and retention ponds and basins, and other flood control facilities and works for the collection, transportation, pumping, treating, controlling, and disposing of water carried pollutants or storm[waters] or surface waters.

For the purpose of this Charter Ordinance, the phrase "Sanitary Sewer Customer" shall mean any real property connected to the sewer system or systems, or owner, occupant, lessees or other person responsible for such real property and using the sanitary sewer system, whose discharges are treated at a Unified Government publicly owned treatment works.

For the purpose of this Charter Ordinance, the phrase "Storm Water Customer" shall mean any real property or person, whether voluntarily or involuntarily, that is benefited by the function of any sewer, sewer system or sewer systems that captures, controls, conveys, discharges, or regulates the flow or water quality of storm[water] and surface waters within, to and from the City, or is benefited by the administration, activities and operation of the Storm Water Management Program of the Unified Government of Wyandotte County/Kansas City, Kansas. Said benefit may include, but not be limited to, capturing, controlling, conveying, discharging, treating, and regulating the flow and water quality of storm[water] and surface water from a property or from other properties situated at higher or lower elevations which might otherwise be subservient in right, and the administrative, technical, and regulatory actions necessary to the provision of such service.

For the purpose of this Charter Ordinance, the term "person" shall mean any person, firm, corporation, political unit, or organization living, occupying, owning, or operating on property served by the Unified Government's Sewer System or Sewer Systems.

For the purpose of this Charter Ordinance, the phrase "Storm Water Management Program" shall mean all aspects of work undertaken by the Unified Government to perform and provide storm and surface water management services in the city, including but not limited to administration, engineering, operations, regulation and enforcement, and capital improvement of systems and facilities, plus such non-operating expenses as reserves, bond debt service coverage, and payments in lieu of taxes associated with provision of the program.

For the purposes of this Charter Ordinance, the phrase "Sanitary Sewer Program" shall mean all aspects of work undertaken by the Unified Government to perform and provide sanitary sewer management services in the city, including but not limited to administration, engineering, operations, regulations and enforcement, and capital improvement of systems and facilities, plus such non-operating expenses as reserves, bond debt service coverage, and payments in lieu of taxes associated with provision of the program.

For the purposes of this Charter Ordinance "city" shall mean all of the territory of Wyandotte County, Kansas, except the territory of the cities of Bonner Springs, Edwardsville and Lake Quivera and the unincorporated area of Wyandotte County, Kansas.

For the purposes of this Charter Ordinance the Board of County Commissioners shall mean the governing body of the Unified Government of Wyandotte County/Kansas City, Kansas.

Section 3. Sewer systems; powers of the Unified Government. The Unified Government of Wyandotte County/Kansas City, Kansas shall have all powers necessary or convenient to plan, study, design, alter, acquire, enlarge, extend, improve, construct, reconstruct, develop, redevelop, operate, maintain, and regulate the use of a sewer system or sewer systems, as it sees fit including such powers as the Unified Government may, from time to time, establish by way of ordinances adopted by the board of county commissioners and including, but not by way of limitation, the following powers:

(a)

To impose charges including service fees, special assessments, and taxes on Storm Water Customers and Sanitary Sewer Customers. The method of calculating and fixing such charges shall be as established by rules and regulations heretofore or hereafter adopted;

(b)

To provide that charges authorized in subparagraph (a) above may, when delinquent, be certified by the Clerk of the Unified Government to be placed on the tax roll for collection, subject to the same penalties and to be collected in like manner as taxes, and such fees shall, thereafter, constitute a lien upon the real property served by the Storm Water Management Program or a Sanitary Sewer Program which lien shall have the same priority as the liens of real property taxes;

(c)

To use the proceeds of the charges authorized in subparagraph (a) above, together with any other revenues available to pay the costs of the Storm Water Management Program and/or a Sanitary Sewer Program, including but not limited to the costs to plan, study, design, alter, acquire, enlarge, extend, improve, construct, reconstruct, develop, redevelop, operate, maintain, and regulate the use of a sewer system or sewer systems;

(d)

To issue general obligation bonds or revenue bonds, as authorized by law, and to use the proceeds of the same to plan, study, design, alter, acquire, enlarge, extend, improve, construct, reconstruct, develop, redevelop, operate, maintain, and regulate the use of a sewer system or sewer systems; and pay the issuance costs of the bonds, establishment of debt service reserves, payment of costs of credit enhancement and refunding of outstanding municipal obligations issued for sewer systems;

(e)

To use the proceeds of the charges authorized in subparagraph (a) above to pay the principal and interest on bonds heretofore or hereafter issued; and pending the issuance of such general obligation bonds or revenue bonds to issue temporary financing or interest for such purposes;

(f)

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 private person or body for jointly planning, studying, designing, altering, acquiring, enlarging, extending, improving, constructing, reconstructing, developing, redeveloping, operating, maintaining, and regulating the use of a sewer system or sewer systems;

(g)

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 private person or body for receiving, treating, discharging and managing sewage or storm or surface water from outside the limits of the City and/or Wyandotte County;

(h)

To carry out the Storm Water Management Program and/or the Sanitary Sewer Program including the power to plan, study, design, alter, acquire, enlarge, extend, improve, construct, reconstruct, develop, redevelop, operate, maintain, and regulate the use of a sewer system or sewer systems within or outside the city, and to have the right of eminent domain or to otherwise acquire real and personal property interests within or outside the city in order to acquire easements, rights-of-entry and use for a sewer system or sewer systems;

(i)

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 or private person or body for the purposes of this Charter Ordinance and the Unified Government may, when contracting with the federal government for any such financial assistance, include in any such contract such conditions imposed pursuant to federal law as the Unified Government may deem reasonable and appropriate;

(j)

To, under the authority granted herein, establish a storm[water] and surface water utility to be accounted for as a separate enterprise fund or special revenue fund of the Unified Government as deemed reasonable and appropriate by the board of county commissioners; and

(k)

To utilize any mechanism deemed reasonable and appropriate by the board of county commissioners of the Unified Government to deliver service fee billings.

Section 4. Same; rules and regulations authorized; billing and collection of service fees; discontinuance of water service for nonpayment of storm water service fees, when. The Unified Government shall have the power, by ordinance or resolution, to adopt rules and regulations that may include, but not be limited to, providing for the management and operation of its sewer system or sewer systems, prohibiting the discharge into such sewer system or sewer systems of matter deleterious to the proper operation of the sewer system or sewer systems and the general health, safety and welfare of the community, establishing the types and characteristics of sewage and storm and surface water that may be discharged into the sewer system or sewer systems, establishing the method of calculating and fixing the charges applicable to properties and persons that receive benefit from the sewer system or sewer systems or activities associated therewith, requiring security for the payment thereof, and providing methods and rules of collection, and providing for the disposition of the revenue therefrom. In the event any person served by the Unified Government's sewer system or sewer systems shall neglect, fail or refuse to pay charges fixed by the board of county commissioners, the Unified Government may, as authorized by rules and regulations adopted under the authority of this section and if a unified and consolidated billing system has been established for the delivery and collection of charges, refuse the delivery of water through the pipes and mains of the publicly owned waterworks operated by the board of public utilities until such time as such charges are fully paid, including any delinquencies and penalties associated therewith.

Section 5. Issuance of sewer system revenue bonds; requirements.

(a)

The board of county commissioners shall have the power to issue revenue bonds from time to time in its discretion, without an election or the requirement for notice and the opportunity to protest the issuance of such bonds, or use any other unencumbered municipal revenue, for the benefit 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, charges and funds of the Unified Government 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, the State of Kansas, other states, counties, cities, drainage districts, the Unified Government, public bodies of the state or other states or any private person or body.

(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 exempt from all taxes.

(c)

Bonds issued under this section shall be authorized by ordinance or resolution of the board of county commissioners, 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 ordinance or resolution.

Section 6. Issuance of general obligation bonds; temporary notes.

(a)

The board of county commissioners shall have the power to issue general obligation bonds from time to time in its discretion for the benefit of a sewer system or sewer systems under this Charter Ordinance without an election or any requirement for notice and the opportunity to protest the issuance of such bonds. Such general obligation bonds shall be issued in such amounts as deemed necessary by the board of county commissioners and may be secured by a pledge of the income, proceeds, charges, revenues and funds of the Unified Government derived from or held in connection with its sewer system or sewer systems.

(b)

Pending the issuance of general obligation bonds, the board of county commissioners may issue general obligation temporary notes of the Unified Government as provided by law for the purposes of providing interim financing for a project or other capital expenditure. Pending the issuance of revenue bonds authorized by this Charter Ordinance, the board of county commissioners may issue temporary revenue notes of the Unified Government for the purpose of providing interim financing for a project, such revenue temporary notes being payable from revenue bonds issued to provide permanent financing for the project or other capital expenditure and the income, proceeds, charges, revenues and funds of the Unified Government derived from or held in connection with its sewer system or sewer systems.

Section 7. Same; 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, alter, acquire, enlarge, extend, improve, construct, reconstruct, develop, redevelop, operate, maintain 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 Unified Government's authority under the provisions of any other laws.

Section 8. No duty created. The stormwater management system to be managed by the storm[water] and surface water utility is a combination of natural drainage ways, agricultural drains, improvements installed by developers or builders, and improvements installed by the Unified Government and its antecedent governments. The system has been built over decades and designed for a variety of purposes with a variety of performance standards. In many cases, both the purposes and expected performance standards have changed since the system component was built. The difference between actual and expected performance of the system is likely to persist for the foreseeable future. In establishing the power to undertake the operation, maintenance, and improvement of the system, the Unified Government does not take upon itself any duty for flood protection or any responsibility for losses due to the action of storm[waters] or surface waters or the pollutants they may carry, other than, or, established by Kansas law.

Section 9. Publication. This Charter Ordinance shall be published once each week for two consecutive weeks in the official Unified Government newspaper.

Section 10. Severability. In the event that any portion or section of this Charter Ordinance is determined to be invalid, illegal or unconstitutional by a court of competent jurisdiction, such decision shall in no manner affect the remaining portions or sections of this ordinance or chapter which shall remain in full force and effect.

SECTION 11. Effective date. This is a Charter Ordinance and shall take effect 61 days after final publication unless a sufficient petition for a referendum is filed requiring a referendum to be held on this ordinance as provided in article 12, section 5, subdivision (c)(3) of the Constitution of the State of Kansas, in which case the ordinance shall become effective if approved by a majority of the electors voting thereon.

PASSED BY THE BOARD OF COMMISSIONERS OF THE UNIFIED GOVERNMENT OF WYANDOTTE COUNTY/KANSAS CITY, KANSAS, NOT LESS THAN TWO-THIRDS (⅔) OF THE MEMBERS ELECT VOTING IN FAVOR THEREOF THIS 31ST DAY OF JULY 2008.

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Joseph Reardon, Mayor/CEO

Attest:

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Tom G. Roberts, Unified Government Clerk

Approved as to Form:

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Misty S. Brown, Assistant Counsel