A CHARTER ORDINANCE OF THE CITY OF EUDORA, KANSAS, PROVIDING THAT K.S.A. 12-3101, ET SEQ. AND ANY AMENDMENTS THERETO, SHALL NOT APPLY TO THE CITY OF EUDORA, KANSAS, EXEMPTING THE CITY OF EUDORA, KANSAS, THEREFROM, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS; AMENDING CHAPTER XV, UTILITIES, CODE OF THE CITY OF EUDORA, KANSAS; CREATING A NEW “ARTICLE 9 - STORM WATER” THEREIN; ESTABLISHING A STORM WATER UTILITY; AND, PROVIDING FOR A USER FEE, ESTABLISHING A FUND FOR RECEIPT OF FEES, MAINTAINING OF A RESERVE BALANCE, AND PROVIDING FOR AN ADDITIONAL AND ALTERNATE MEANS OF MAINTAINING AND FINANCING THE STORM WATER COLLECTION SYSTEM.
WHEREAS, the City has for many years maintained a storm water collection system; and
WHEREAS, the Governing Body believes it to be in the best interest of the City to establish an additional and alternate means of maintaining and financing the construction, operation, maintenance and improvement of its overall storm water collection system.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF EUDORA, KANSAS:
SECTION 1: The City of Eudora, Kansas, a Mayor/Council city of the third class, by virtue of the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to and does exempt itself and make inapplicable to it K.S.A. 12-3101 et seq. and amendments thereto which applies to this city but is part of an enactment which does not apply uniformly to all cities.
SECTION 2: In lieu of K.S.A. 12-3101 et seq. and any amendments thereto, the Governing Body of the City of Eudora, Kansas, hereby adopts the following provisions:
SECTION 3: The governing body finds that there is a need to establish an additional and alternate means of maintaining and financing the construction, operation, maintenance and improvement of its storm water collection system.
SECTION 4: Chapter XV, Utilities, Code of the City of Eudora, Kansas is hereby changed and amended by adding the following new article and sections:
ARTICLE 9 - STORM WATER
15-901. STORM WATER UTILITY; ESTABLISHMENT; PURPOSE. There is hereby created a storm water utility for the City. The purpose of said utility shall be for the establishment of an additional and alternate 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.
15-902. FEES; COLLECTION; REVIEW; EXEMPTION.
(a) A monthly storm water fee of $2.00 per water meter shall be collected on every water meter assigned to a current customer. This fee shall become effective upon the effective date of this ordinance, and shall remain in effect until a new monthly storm water fee is adopted by the governing body pursuant to a separate ordinance as set forth in paragraph (b) below.
(b) The governing body shall review the storm water utility fee from time to time as necessary, to ensure adequate revenues and fund balances are maintained for the purposes set forth in this article and may change fees by separate resolution.
(c) Only those water meters that have been physically disconnected and removed shall be exempt from the payment of the storm water utility fee.
15-903. CREATION OF STORM WATER UTILITY FUND; PURPOSE.
(a) There is hereby created a storm water utility fund. Said fund shall be a separate and non-lapsing fund to be maintained by the City Clerk or other financial officer of the City. All revenue from the storm water utility fee shall be credited to said fund in the month of collection.
(b) The revenue credited to said fund shall be used as an additional and alternate source of funding of:
(1) Costs of operating and maintaining the existing storm water collection system and any additions thereto, including, but not limited to, storm water sewers, catch boxes, drains, ditches, and the like;
(2) costs incurred for the construction, improvement or expansion of the existing storm water collection system and additions thereto; said costs to include, but not limited to, costs of engineering studies and design, feasibility studies, grant applications, acquisition of real estate rights, construction, and the like;
(3) costs incurred for the testing for and remediation of storm water contamination which may be required by reason of existing or future local, county, state or federal rules, regulations or laws relating to same; and,
(4) costs associated with debt retirement of bonded indebtedness associated with the storm water collection system, as the governing body may designate be paid from said fund, whether said indebtedness currently exists or is subsequently incurred.
(c) Revenues collected and deposited in said fund shall not be used for purposes other than those designated in this article.
15-904. STORM WATER UTILITY FUND; BALANCE. At the end of any fiscal year, the balance, if any, of the storm water utility fund shall be carried forward to the subsequent fiscal year as a reserve for future uses as provided in this article.
SECTION 5. The storm water utility fee provided for herein shall become effective the 1st day of April, 2007 and be reflected on the utility bill sent to consumers for the March utility billings and all monthly billings thereafter.
(01-22-2007; Amended by C.O. No. 13)