HomeMy Public PortalAboutCharter Ord 18 Establishment of a Stormwater and Sewer Management System[First Published in the Ark Valley News on May 5,2016 and again on May 12,2016]
TTIE CITY OF BEL AIRE, KANSAS
CHARTER ORDINANCE NO. 18
A CHARTER ORDINANCE EXEMPTING THE CITY OF BEL AIRE.
KANSAS, FROM THE PROVISIONS OF THE WATER POLLUTION ACT.K.S.A. I2.3IOT THROUGH K.S.A. I2.3I07, AND PROVIDING
SUBSTITUTE AND ADDITIONAL PROVISIONS RELATING TO THE
ESTABLISHMENT, OPERATION AND MAINTENANCE OF SEWER
AND STORIVTWATER MANAGEMENT SYSTEMS AND ESTABLISHING
CERTAIN FEES RELATED TIIERETO, AND PERMITTING THE
ISSUANCE OF BONDS FOR THE PURPOSE OF PAYING FOR
NECESSARY GROUNDS AND IMPROVEMENTS FOR THE
OPERATION OF SUCH SYSTEMS.
WHEREAS, The City of Bel Aire is required to comply with the requirements of the federal law
commonly known as "The Clean Water Act", various State Statutes, and protect the health, safety,
and welfare of the community;
WHEREAS, The City of Bel Aire currently has a number of stormwater drainage concerns that
may contribute to problems associated with stormwater runoff including erosion of homeowner's
property, standing water in streets and yards, flooding of buildings, and pollutants in stormwater
runoff;and
WHEREAS, All developed properties within the City of Bel Aire produce stormwater runoff and
should share equally in addressing the concerns associated with such runoff.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE,
KANSAS PURSUANT TO THE POWER VESTED IN IT BY ARTICLE. 12, SECTION 5,
OF THE CONSTITUTION OF THE STATE OF KANSAS, THAT IT HEREBY ELECTS
TO EXEMPT ITSELF AND MAKE TNAPPLICABLE TO IT SECTTONS l2-310r,12-3L02,
12-3103, t2-3r04, 12-3105, 12-3106 AND 12-3t07 OF TrrE KANSAS STATUTES
ANNOTATED, WHICH ARE NON.UNIFORM IN APPLICATION. AND TIIE CITY
PROVIDES FURTHER SUBSTITUTE AND ADDITIONAL PROVISIONS AS SET
FORTH HEREIN.
SECTION 1. Definitions. For the purpose of this Charter Ordinance, the words and phrases
"Sewer," "Sewer System" or "Sewer Systems" shall mean sanitary and/or storm sewers that exist
at the time this Charter Ordinance is adopted or that are hereafter established and all appurtenances
necessary in the maintenance and operation of the same, including, but not limited to, pumping
stations, sewage treatment plants, main sewers, intercepting sewers, out fall sewers, surface drains,
channels, rivers, streams and other flood control facilities and works for the collection,
transportation, pumping, treating, and disposing of water carried wastes or storm or surface waters.
SECTION 2. Sewer Systems; powers of municipality. The City of Bel Aire, Kansas, shall have
all the powers necessary or convenient to plan, alter, enlarge, extend , improve, construct,
reconstruct, develop, redevelop, operate and maintain a Sewer System or Stormwater Management
System, including such powers as the City of Bel Aire may, from time to time, establish by way
of ordinances 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 Sewer System or Stormwater
Management System. The method of calculating and fixing such service charge shall be as
established by rules and regulations heretofore or hereafter adopted;
(b) To provide that sewer service charges authorized in subparagraph (a) above shall, when
delinquent, be certified by the Clerk of the City to the County Clerk of Sedgwick County 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 Sewer System or Stormwater Management System and against which such charges were made;
(c) To use the proceeds ofthe sewer service charges authorized in subparagraph (a) above to plan,
alter, enlarge, extend, improve, construct, reconstruct, develop, redevelop, operate and maintain a
Sewer System or Stormwater Management System;
(d) To issue general obligation bonds or revenue bonds, as authorized by law, and to use the
proceeds of the same to plan, alter, enlarge, extend, improve, construct, develop and redevelop a
Sewer System or Stormwater Management System;
(e) To use the proceeds ofthe sewer service charges authorized in subparagraph (a) above to pay
the principal and interest on bonds heretofore or hereafter issued for the planning, altering ,
enlarging, extending, improving, constructing, reconstructing, developing, redeveloping,
operating and maintaining of a Sewer System or Stormwater Management System.
(0 To contract with agencies of the federal government, public bodies of this state or other states,
or with any private person or body for jointly planning, altering, enlarging, extending, improving,
constructing, reconstructing, developing, redeveloping, operating and maintaining a Sewer System
or Stormwater Management System;
(g) To contract with agencies of the federal government, public bodies of this state or other states
or with any private person or body for receiving and treating sewage or stormwater from outside
of the city limits of the City;
(h) To plan, alter, enlarge, extend, improve, construct, reconstruct, develop , redevelop, operate
and maintain a Sewer System or Stormwater Management System outside the city limits of the Cit
y and to have the right of eminent domain outside the city limits of the City in order to acquire
land and right of way for a Sewer System or Stormwater Management System;
(i) To borrow money and to apply for and accept advances, loans, grants, contributions or any
other form of financial assistance from t he federal government, the state, county or any other
public body for the purposes of this act, and the City may, when contracting with the federal
govemment for any such financial assistance, include in any such contract such conditions
imposed pursuant to federal law as the City may deem reasonable and appropriate;
O To, under authority granted herein, establish a sanitary Sewer System utility, a Stormwater
System utility, and to combine its sanitary Sewer System utility and Stormwater System utility and
its Water utility into one or more utilities; and
(k) To establish a unified and consolidated billing system for its sanitary Sewer System utility, its
Stormwater System utility and its Water utility, whether or not the same are combined as provided
for in subparagraph O above.
SECTION 3. Same; rules and regulations authorized; billing and collection of sewer service
chargesl discontinuance of water service, when. The City of Bel Aire, Kansas, shall have thepower by ordinance or resolution to adopt rules and regulations that shall include, but not belimited to, providing for the management and operation of its Sewer System or Stormwater
Management System, prohibiting the discharge into such Sewer System or Stormwater
Management System of matter deleterious to the proper operation of the Sewer System or
Stormwater Management System and the general health, safety and welfare of the community,
establishing the types and characteristics of sewage and stormwater that may be discharged inio
the Sewer System or Stormwater Management System, establishing the method for calculaiing andfixing the service charge for property served by the City's Sewer System and Stormwater
Management System, 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,
firm, corporation, political unit or organization living or operating on property served by the City's
Sewer System or Stormwater Management 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 the authority of this section and if a unified and consolidated billing
system has been established, refuse the delivery of water through the pipes and mains of its
publicly owned waterworks until such time as such charges are fully paid.
SECTION 4. Issuance of Sewer System revenue bonds; requirements. (a) The City of Bel
Aire, Kansas, shall have the power to issue revenue bonds from time to time in its discretion to
finance the planning, altering, enlarging, extending, improving, constructing, and reconstructing
of a Sewer System or Stormwater Management System under this act. 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 Stormwater Management
System: Provided, however, that payment o f 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 no t constitute an indebtedness within the meaning of any
constitutional or statutory debt limitation o r restriction, and shall not be subject to the provisions
of any other law relating to the authorization, issuance or sale ofbonds. 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 sect ion shall be authorized by ordinance or resolution ofthe 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, b e 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. Same; powers supplemental and additional. The powers herein granted to plan,
alter, enlarge, extend, improve, construct, reconstruct, develop, redevelop, operate and maintain a
Sewer System or Stormwater Management 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 any other laws. All sections of Chapter 15 of the Code of
Ordinances of the City of Bel Aire, Kansas, in effect on the date upon which this Charter Ordinance
is approved by the Governing Body shall remain in effect until amendment by separate ordinance.
SECTION 6. This charter ordinance shall be published once a week for two consecutive weeks in
the official city newspaper, and shall take effect sixty-one days after its final publication.
Passed by the City Council this 3rd day of May,2016.
Approved by the Mayor this 3rd day of May,2016.
ATTEST:
David Austin, Mayor