A CHARTER ORDINANCE EXEMPTING THE CITY OF GODDARD, 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 AND STORMWATER MANAGEMENT SYSTEMS AND ESTABLISHING STORMWATER FEES RELATED THERETO, AND PERMITTING THE ISSUANCE OF BONDS FOR THE PURPOSE OF PAYING FOR NECESSARY GROUNDS AND IMPROVEMENTS FOR THE OPERATION OF SUCH SYSTEMS.

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

The City of Goddard, Kansas, by 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 the provisions of the Water Pollution Control Act, K.S.A. 12-3101 through K.S.A. 12-3107, and amendments thereto. The City of Goddard, Kansas finds these statutes do apply to this city, but are parts of enactments which do not apply uniformly to all cities and hereby adopts substitute and additional provisions on the subjects as hereinafter provided.

For purposes of this Charter Ordinance, the following 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, operation, regulation and improvement of the same, including, but not limited to, pumping stations, sewage treatment plants, main sewers, intercepting sewers, outfall 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.

The City of Goddard, 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 Sewer Systems, including such powers as the City of Goddard, Kansas 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 and connection fees on property served by the City’s Sewer System or Sewer Systems. The method of calculating and fixing such charges and connection fees shall be established by ordinances, resolutions, rules or regulations heretofore or hereafter adopted, except that any fee related to stormwater drainage shall be as initially established by this Charter Ordinance;

(b)          To provide that sewer service charges and connection fees authorized in subparagraph (a) above, or in subsequent sections of this Charter Ordinance, when delinquent, be certified by the Clerk of the City to the County Treasurer 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 Sewer Systems and against which such charges were made;

(c)          To use the proceeds of the sewer service charges and connection fees authorized in subparagraph (a) above to plan, alter, enlarge, extend, improve, construct, develop, redevelop, operate and maintain 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, alter, enlarge, extend, improve, construct, develop and redevelop a Sewer System or Sewer Systems;

(e)          To use the proceeds of the sewer service charges and connection fees authorized in paragraph (a) above, or in subsequent sections of this Charter Ordinance, 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 Sewer Systems.

(f)          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 Sewer Systems;

(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 of Goddard, Kansas;

(h)          To plan, alter, enlarge, extend, improve, construct, develop, redevelop, operate and maintain a Sewer System or Sewer Systems outside the city limits of the City of Goddard, Kansas and to have the right of eminent domain both inside and outside the city limits of the City of Goddard, Kansas in order to acquire land and right of way 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, county or any other public body for the purposes of this ordinance, and the City 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 City may deem reasonable and appropriate;

(j)           To, under authority granted herein, establish a sanitary Sewer System utility (sewer utility) and a storm Sewer System utility (stormwater utility), and to combine such utilities into a single utility; and

(k)          To establish a unified and consolidated billing system for its sanitary Sewer System utility, its storm Sewer System utility and its Water utility, whether or not the same are combined as provided for in subparagraph (j) above.

The City of Goddard, Kansas shall have the power by ordinance or resolution to adopt rules and regulations that shall include, but not be limited to, providing for the management and operating 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 stormwater that may be discharged into the Sewer System or Sewer Systems, establishing the method for calculating and fixing the service charges and connection fees for property served by the City’s Sewer System or Sewer Systems, requiring security for the payment thereof, and providing methods and rules of collection, and providing for the disposition of the revenue therefrom, except any fee related to stormwater drainage shall be as initially established by this Charter Ordinance. In the event any person, firm, corporation, political unity or organization living or operating on property served by the City’s Sewer System or Sewer Systems shall neglect, fail or refuse to pay the service charges or connection fees 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 and/or other utility services of the City until such time as such charges are paid in full.

(a)          The City of Goddard, 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, reconstructing, development and redevelopment of a Sewer System or Sewer Systems under this 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 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 thereof 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, and amendments thereto, 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.

The powers herein granted to plan, alter, enlarge, extend, improve, construct, reconstruct, develop, redevelop, operate and maintain a Sewer System or Sewer Systems 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. Except as expressly provided in this Charter Ordinance, all sections of Chapter 15 of the Code of the City of Goddard, Kansas shall remain in effect until amendment by separate ordinance.

The Code of the City of Goddard, Kansas is hereby amended, by amending Chapter 15 and adding Article 8 as follows:

ARTICLE 8. STORMWATER UTILITY

Sec. 15-801  Creation of Stormwater Utility.

Pursuant to the provisions of Charter Ordinance No. 17, the City of Goddard, Kansas does hereby establish a Stormwater Utility, the purpose of which is to assist the City of Goddard in its responsibility for the operation, construction, maintenance and repair of stormwater drainage system facilities to provide adequate systems of collection, conveyance, detention, treatment and release of stormwater and the reduction of potential hazards to property and life resulting from stormwater runoff, improvement in general health and welfare through reduction of undesirable stormwater conditions and improvements to the water quality in the storm and surface water system and its receiving waters.

Sec. 15-802  Program Responsibility.

The City of Goddard shall be empowered to administer the Stormwater Utility and may delegate such duty and responsibility as is necessary to carry out the provisions of this Ordinance within the limits of the budget, directives and storm drainage regulations adopted by the Governing Body of the City of Goddard for this utility.

Sec. 15-803  Operating Budget

The City of Goddard shall adopt an operating budget for each fiscal year. The operating budget shall set forth, for each fiscal year, the estimated revenues and the estimated costs for the stormwater utility. The initial operating budget shall be for the fiscal year commencing January 1, 2025.

Sec. 15-804  Stormwater Management Fees

A.           There is hereby assessed against all property within the City of Goddard that is connected to either water or sanitary sewer systems, or both, of the City, a monthly stormwater management fee. The owner, occupant and any person who is responsible for the payment of water and/or sewer service to the property shall all be jointly and severally responsible for the payment of said fee. Persons responsible for the payment of water and/or sewer service to the property shall include the person responsible for payment for water provided to a master meter that is then distributed to multiple users, whether or not said users are located on the same property as the master meter. The fee shall be calculated as follows:

1.            All property devoted to a residential use shall be assessed the sum of $3.50 per month per living unit. The term “residential” shall include single-family homes, mobile homes and mobile home parks, duplexes and apartment units. The term “residential” shall not include rooming or boarding houses, dormitories and similar facilities. The term “living unit” shall mean one or more rooms in a residential building which are arranged, designed, used or intended for use by one (1) family, and which includes cooking space and lawful sanitary facilities reserved for the occupants thereof.

2.            All property devoted to any use other than residential shall be assessed the sum of $5.50 per month.

B.           The monthly stormwater utility fees set forth above shall be included as part of the monthly bill for water and/or other utility services of the City, but shall be identified separately on said billing. Said fees shall be due at the same time as water and/or other utility services of the City charges are due and the failure to pay said fees shall be considered a failure to pay utility services of the City charges and enforceable pursuant to Sections 15-119 through 15-121 and Sections 15-311 through 15-314 of the Code of the City of Goddard, Kansas. In addition, any time utility services of the City are established, or re-established to a property, all fees hereunder shall be paid current, as of the date such service is established or re-established.

C.           Stormwater utility fees may be amended from time to time by resolution of the Governing Body of the City of Goddard.

Sec. 15-805  Stormwater Utility Fund

The revenue generated by this stormwater utility fee shall be set aside in a special fund, which is hereby created to be known as the Stormwater Utility Fund. Such funds shall be used only for the construction, reconstruction, maintenance, operation and repair of stormwater system facilities, including the acquisition, and related costs thereof, of real estate for such use. In addition, said fund may be used to pay fees to study and prepare documents related to such facilities, pay costs associated with compliance with stormwater regulations and to make payments of principal and interest on bonds issued for such improvements. Nothing in this Article shall be deemed to limit or restrict the City’s ability to use and obtain other sources of funds for the same or similar purposes.

Nothing contained in this Charter Ordinance shall prohibit the Governing Body from exercising authority granted hereunder by the adoption of simple ordinances enacted after the date hereof, including amendments to Article 8 of Chapter 15 of the Code of the City of Goddard, Kansas.

(07-15-2024)