[Charter Ord. No. 12 §1, 2-25-2004]
The City of Mission, Kansas (the "City"), 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 make inapplicable
to it Sections 12-3101, 12-3102, 12-3103, 12-3104, 12-3105, 12-3106
and 12-3107 of the Kansas Statutes Annotated, which apply to the City,
acting as a City of the second class and which are not uniformly applicable
to all cities and the City hereby provides further substitute and
additional provisions as set forth herein.
[1]
Cross Reference — Also see §700.015(A).
[Charter Ord. No. 20 §§1 — 5, 7-16-2008]
A.Â
Exemption From Certain Statutes. The City, by the power
vested in it by Article 12, Section 5 of the Constitution of the State
of Kansas, hereby elects to exempt itself from and make inapplicable
to it the provisions of K.S.A. 13-10,128 through 13-10,133 and provide
substitute and additional provisions as hereinafter set forth in this
Charter Ordinance. Such referenced provisions are either enactments
or a part thereof which are applicable to the City but are not applicable
uniformly to all Cities.
B.Â
Drainage District Creation. The Governing Body of the City
may create storm drainage districts by an ordinance of the City. Each
such ordinance shall designate the district by appropriate name or
number, define and fix the boundaries of the district, contain a map
showing the location of the same and shall be published once in the
official City newspaper. A certified copy of such ordinance shall
be filed in the office of the County Clerk and the Register of Deeds
of Johnson County.
C.Â
Authorization Of Projects. After the creation of storm
drainage district by the City, the Governing Body of the City may
by subsequent resolution authorize certain storm drainage projects
(the "projects") for:
1.Â
Construction,
reconstruction, repairing or maintenance of storm sewers and drains
within such storm drainage district; and/or
2.Â
Construction,
reconstruction, repairing or maintenance of storm sewers and drains
within the watershed in the City that contributes to the storm drainage
flowing into and/or out of such storm drainage district.
D.Â
Method Of Financing.
1.Â
In order
to provide funds to finance the costs of the projects and the construction,
reconstruction, repairing or maintenance of the projects, the City
is authorized to levy an annual property tax on all the property within
a storm drainage district (the "property tax"). The property tax levy
shall be set annually by the City by inclusion of the property tax
levy for the following year within the adopted City budget.
2.Â
The
costs of the projects and the construction, reconstruction, repairing
or maintenance of the projects may be financed by general obligation
notes or bonds issued by the City in accordance with the general bond
law and payable from the property tax or by the City at large or by
a combination thereof.
E.Â
Segregation Of Property Tax Revenues. All revenues derived
from the collection of the property tax shall be deposited into a
special fund of the City for each storm drainage district. Such revenues
shall be used to pay the costs of the projects, the repair and maintenance
of the projects, and/or to repay any general obligation notes or bonds
issued by the City and related expenses in connection with such storm
drainage district.
[Charter Ord. No. 12 §2, 2-25-2004; Ord. No. 1271 §1,
8-20-2008]
For the purpose of this Chapter, the following words and phrases
shall have the meaning ascribed to them in this Section:
Any person, firm, corporation, association, partnership,
political unit or organization.
Real property with one (1) or more residential units.
Surface water and storm sewers that exist at the time this
Chapter 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; enclosed
storm 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;
detention and retention facilities; and other flood control facilities
and works for the collection, conveyance, pumping, treating, controlling,
managing and disposing of water carried pollutants or storm or surface
water.
The owner of any real property served, whether voluntarily
or involuntarily, by the function of any Sewer, Sewer System or Sewer
Systems which captures, controls, conveys, discharges, manages or
regulates the flow or water quality of storm and surface waters within
and from the City or is served by the administration, activities and
operation of the Storm Water Management Program of the City. This
service shall include, but not be limited to, capturing, controlling,
conveying, discharging, improving, managing and regulating the flow
and water quality of storm and surface water from a property or from
other properties situated at higher or lower elevations that might
otherwise be subservient in right, and the administrative, planning,
technical, regulatory and enforcement actions necessary to provide
those services.
All aspects of work necessary to perform and provide storm
and surface water services in the City, including, but not limited
to, administration, planning, engineering, operations, maintenance,
best management practices, control measures, public education, citizen
participation, regulation and enforcement, protection and capital
improvement of systems and facilities, plus such non-operating expenses
as reserves and bond debt service coverage associated with provision
of the Storm Water Management Program.
[Charter Ord. No. 12 §3, 2-25-2004]
A.Â
The City
shall have all powers necessary or convenient to plan, study, design,
alter, enlarge, extend, improve, construct, reconstruct, develop,
redevelop, operate, maintain, protect, manage and regulate and enforce
the proper use of a Sewer System or Sewer Systems, including the powers
that the City may, from time to time, establish by way of ordinances
and/or resolutions adopted by the Governing Body of the City and including,
but not by way of limitation, the following powers:
1.Â
To impose
service fees on Storm Water Customers. The method of calculating and
fixing these service fees shall be as established by ordinary ordinances
or by rules and regulations heretofore or hereafter adopted;
2.Â
To provide
that service fees authorized in Subparagraph (1) above may be certified
by the City Clerk to the County Clerk of Johnson County, Kansas, to
be placed on the tax roll for collection, subject to the same penalties
and to be collected in like manner as taxes;
3.Â
To use
the proceeds of the service fees authorized in Subparagraph (1) above,
together with any other available revenues, to pay the costs of the
Storm Water Management Program, including, but not limited to, the
costs to plan, study, design, engineer and operate the Storm Water
Management Program and to plan, study, design, engineer, alter, enlarge,
extend, improve, construct, reconstruct, develop, redevelop, operate,
maintain, manage, protect, acquire real or personal property by purchase,
lease, donation, condemnation or otherwise for, and regulate and enforce
the use of a Sewer System or Sewer Systems;
4.Â
To use
and to pledge the proceeds of the service fees authorized in Subparagraph
(1) above and any available taxes to pay the principal and interest
on general obligation or revenue bonds heretofore or hereafter issued;
and pending the issuance of the general obligation bonds or revenue
bonds to issue temporary financing for these purposes;
5.Â
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 person to jointly plan, study,
design, alter, enlarge, extend, improve, construct, reconstruct, develop,
redevelop, operate, maintain, protect, acquire real or personal property
by purchase, lease, donation, condemnation or otherwise for a Sewer
System or Sewer Systems; regulate the use of a Sewer System or Sewer
Systems; and to plan, study, design, engineer, operate, administer,
maintain, and manage the Storm Water Management Program;
6.Â
To contract
with agencies of the Federal government, State of Kansas, other States,
Counties, Cities, drainage districts, public bodies of the State,
or other States, or with any person for receiving and treating storm
or surface water from outside the limits of the City.
7.Â
To carry
out the Storm Water Management Program, including, but not limited
to, the power to plan, study, engineer, design, administer, manage,
maintain and operate the Storm Water Management Program and to plan,
study, design, engineer, alter, enlarge, extend, improve, construct,
reconstruct, develop, redevelop, operate, maintain, manage, protect,
acquire real or personal property by purchase, lease, donation, condemnation
or otherwise for and regulate the use of Sewer System or Sewer Systems
within or outside the City;
8.Â
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 body for the purposes of this Act, and the City
may, when contracting with the Federal government for financial assistance,
include in any contract the conditions imposed pursuant to Federal
law as the City may deem reasonable and appropriate;
9.Â
To,
under the authority granted herein, establish a storm and surface
water utility to be accounted for as a separate enterprise fund or
special revenue fund of the City, as deemed reasonable and appropriate
by the Governing Body of the City; and
10.Â
To
utilize any mechanism deemed reasonable and appropriate by the Governing
Body of the City to deliver billings to Storm Water Customers for
services.
[Charter Ord. No. 12 §4, 2-25-2004]
The City shall have the power by ordinance or resolution to
adopt rules and regulations that shall relate to the management and
operation of its Storm Water Management Program and Sewer System or
Sewer Systems; the method of calculating and fixing the service fees
applicable to properties served by the Sewer System or Sewer Systems
or activities associated therewith; security for the payment thereof,
and methods and rules of collection; and the disposition of the revenue
therefrom. In the event any person by the City's Sewer System or Sewer
Systems shall neglect, fail or refuse to pay service fees fixed by
the Governing Body of the City, as authorized by rules and regulations
adopted under the authority of this Section and if a billing system
has been established for the delivery and collection of service fees,
the City may take any action authorized by law to collect any fees
that are due and owing. )
[Charter Ord. No. 12 §5, 2-25-2004]
A.Â
The Governing
Body of the City shall have the power to issue revenue bonds from
time to time in its discretion, without an election, to finance the
planning, altering, enlarging, extending, improving, constructing
and reconstructing of a Sewer System or Sewer Systems under this Chapter.
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.Â
Bonds
issued under this Section shall 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 Chapter 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.Â
Bonds
issued under this Section shall not be authorized by ordinance or
resolution of the Governing Body and may be issued in one (1) 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 such
ordinance or resolution issued pursuant thereto.
[Charter Ord. No. 12 §6, 2-25-2004]
The power granted herein with respect to the Storm Water Management
Program, including, but not limited to, the power to plan, study,
design, engineer, alter, enlarge, extend, improve, construct, reconstruct,
develop, redevelop, operate, maintain, manage, protect, acquire real
or personal property by purchase, lease, donation, condemnation or
otherwise for, 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 City's authority under the
provisions of any other laws.
[Ord. No. 1125 §1, 8-25-2004]
In addition to the words, terms and phrases elsewhere defined
in this Article, the following words, terms and phrases as used in
this Article shall have the following meanings:
Revenue or general obligation bonds or notes heretofore or
hereafter issued to finance the costs of improvements.
A permit issued by the Building Official that permits construction
on a structure.
A certificate issued by the Building Official that permits
a newly constructed or a new addition to a residential developed property
or non-residential developed property to be occupied.
City of Mission, Kansas.
Governing body of the City.
And Regulation Of Sewer Systems
Costs incurred in providing capital improvements to the storm
water management system or any portion thereof including, without
limitation, professional services and studies connected thereto; payment
of principal and interest on bonds heretofore or hereafter issued,
including payment of delinquencies of principal and interest due on
bonds that are otherwise payable from special assessments; studies
related to the operation of the system; and the costs of the storm
water management service fee study performed heretofore in relation
to establishing storm water management service fees for the storm
water utility and other start up costs of the storm water utility;
costs related to the National Pollution Discharge Elimination System
Permit study, application and implementation as mandated by Federal
laws and regulations; and costs associated with purchasing equipment,
computers, furniture, etc., that are necessary for the operation of
the utility.
An amount equal to the sum of (i) all interest payable on
bonds during a fiscal year, plus (ii) any principal installments payable
on the bonds during such Fiscal Year.
Real property, other than undisturbed property.
The person appointed by the City Administrator to be the
director of the City's Public Works Department or his/her designee.
One (1) or more rooms designed, used or intended for occupancy
as separate living quarters for one (1) family, with a kitchen plus
sleeping and sanitary facilities in a single-family, duplex, multi-family
or condominium residential property.
Is a unit of measure that is equal to the average impervious
area of single-family residential developed property within a single-family
detached residential unit located thereon within the City's limits,
as established by City Council resolution or ordinance, as provided
for herein.
A storm water management service fee charged on each ERU
as established by City Council resolution or ordinance, as provided
herein.
Public rights-of-way, public trails, public streets, public
alleys and public sidewalks, and also means public lands and/or easements
upon which publicly owned and maintained storm water management system
facilities are constructed.
Costs of extensions, additions and capital improvements in,
or the renewal and replacement of capital units of, or purchasing
and installing of equipment for, the storm water management system,
or land acquisition for the storm water management system and any
related costs thereto, or paying extraordinary maintenance and repairs,
including the costs of capital improvements or any other expense that
is not costs of operation and maintenance or debt service.
A twelve (12) month period commencing on the first (1st)
day of January of any year.
The number of square feet of hard surface areas that either
prevent or retard the entry of water into the soil matrix, as it entered
under natural conditions as undisturbed property, and/or causes water
to run off the surface in greater quantities or at an increased rate
of flow from that present under natural conditions as undisturbed
property, including, but not limited to, roofs, roof extensions, driveways,
pavement and athletic courts.
Developed property other than residential developed property.
The annual storm water utility operating budget adopted by
the City for the succeeding fiscal year.
Without limitation the current expenses, paid or secured,
of operation, maintenance and repair and replacement of the system,
as calculated in accordance with sound accounting practice, and includes,
without limiting the generality of the foregoing, insurance premiums,
administrative expenses, equipment costs, labor costs, and the cost
of materials and supplies used for current operations.
All elements of the storm water management system that have
been officially dedicated to and accepted by the City.
Developed property used for single-family detached residential
units and/or up to four (4) attached residential units.
All rates, fees, assessments, rentals or other charges or
other income received by the storm water utility in connection with
the management and operation of the storm water management system,
including amounts received from the investment or deposit of monies
in any fund or account, as calculated in accordance with sound accounting
practices.
A fee authorized by Article I of this Chapter (Charter Ord. No. 12), this Article and as set forth in resolution or ordinance heretofore or hereafter adopted or hereafter amended by the City Council that is established to pay operation and maintenance, extension and replacement and debt service associated with the storm water management system.
Storm sewers that exist at the time the ordinance codified
in this Article is adopted or that are hereafter established and all
appurtenances necessary in the maintaining and operating of the same,
including, but not limited to pumping stations; enclosed storm 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; wet and dry bottom basins;
and other flood control facilities and works for the collection, transportation,
conveyance, pumping, treatment, controlling, managing, and disposing
storm or surface water or pollutants originating from or carried by
storm or surface water.
The utility created by this Article to operate, maintain
and improve the storm water management system and for all other purposes,
as set forth in this Article.
Real property that has not been altered from its natural
condition in a manner that disturbed or altered the topography or
soils on the property to the degree that the entrance of water into
the soil matrix is prevented or retarded.
[Ord. No. 1125 §2, 8-25-2004]
Pursuant to the provisions of K.S.A. 12-3101, et seq., as modified by Article I of this Chapter and Charter Ordinance No. 12, the Mission City Council does establish a storm water utility and storm water management system and declares its intention to operate, construct, maintain and repair and replace the public storm water management system and operate the storm water utility.
[Ord. No. 1125 §3, 8-25-2004]
It is found, determined, and declared that the elements of the
storm water management system that provides for the collection, conveyance,
detention/retention, treatment and release of storm water are of benefit
and provide services to property within the incorporated City limits.
The beneficiaries of the system include all real properties within
the City that benefit by the provision, operation and improvement
of the system. These benefits include, but are not limited to, the
provision of adequate systems of collection, conveyance, detention/retention,
treatment and release of storm water, the reduction of hazard to property
and life resulting from storm water runoff, improvement in general
health and welfare through reduction of undesirable storm water conditions,
improvement to the water quality in the storm and surface water system
and its receiving waters.
[Ord. No. 1125 §4, 8-25-2004]
A.Â
The storm
water utility, under the supervision of the Director, shall have the
power to:
1.Â
Administer
the acquisition, design, construction, maintenance, operation, extension
and replacement of the storm water management system, including real
and personal property that is or will become a part of the system;
2.Â
Administer
and enforce this Article and all regulations, guidelines and procedures
adopted relating to the design, construction, maintenance, operation
and alteration of the storm water management system including, but
not limited to, the flow rate, volume, quality and/or velocity of
the storm water conveyed thereby;
3.Â
Advise
the City Council on matters relating to the storm water management
system;
4.Â
Review
plans concerning creations, extensions and replacement of the storm
water management system and make recommendations to the City Council
related thereto;
5.Â
Make
recommendations to the City Council concerning the adoption of ordinances,
resolutions, guidelines and regulations to protect and maintain water
quality within the storm water management system in compliance with
water quality standards established by State, County, Regional and/or
Federal agencies, as now adopted or hereafter adopted or amended;
6.Â
Analyze
the cost of services and benefits provided by the storm water management
system and the structure of fees, charges, fines and other revenues
of the storm water utility annually; and
7.Â
Administer
programs established pursuant hereto or pursuant to ordinances, resolutions,
regulations or guidelines hereafter adopted by the City Council that
provide for credits and/or incentives that reduce storm water management
service fees imposed against properties.
[Ord. No. 1125 §5, 8-25-2004]
The City shall, as part of its annual budget process, adopt
an operating budget for the storm water utility for the next following
fiscal year. The operating budget shall be prepared in conformance
with the State Budget Law, City Policy and general accepted accounting
practices. The initial operating budget shall commence January 1,
2005, and ends December 31, 2005.
[Ord. No. 1125 §6, 8-25-2004]
A.Â
Service Fee Established. Subject to the provisions of this
Article, there is imposed on each and every residential developed
property and non-residential developed property, other than property
that is not serviced by the storm water management system or exempt
property, a storm water management service fee. This storm water management
service fee shall be determined and set by the provisions of this
Article in accordance with the ERU and ERU rate, which is established
by ordinance or resolution of the City Council and which may be amended
from time to time by the City Council.
B.Â
Storm Water Management Service Fee For Residential Developed Property. The storm water management service fee for residential developed
property shall be the ERU rate multiplied by the number of individual
residential units existing on the property. In the event of a newly
constructed residential unit, the charge for the storm water management
service fee attributable to that residential unit shall commence upon
the issuance of the building permit for that residential unit, or
if construction is at least fifty percent (50%) complete and is halted
for a period of three (3) months, then that residential unit shall
be deemed complete and the storm water management service fee shall
commence at the end of the three (3) month period.
C.Â
Storm Water Management Service Fee For Non-Residential Developed
Property.
1.Â
The
storm water management service fee for non-residential developed property
shall be the ERU rate multiplied by the numerical factor calculated
by dividing the total impervious area of a non-residential developed
property by the number of square feet in one (1) ERU. The minimum
storm water management service fee for any non-residential developed
property shall be equal to one (1) ERU. In the event of newly developed
non-residential property, the charge for the storm water management
service fee attributable to that development shall commence upon the
issuance of the building permit, or increase in the case of additional
development to property that is already developed property, upon the
issuance of the certificate of occupancy for that additional development,
or in the event that no building permit or certificate of occupancy,
as the case may be, will be issued for that development, or in the
event development has halted, then on the date that the Director determines
in reasonable judgment that the development is substantially complete
or has been halted for at least three (3) months.
2.Â
In the event of non-residential developed property with joint users of common impervious areas, the Director shall calculate and allocate the pro rata storm water management service fee among the users. Any owner user disagreeing with the Director's calculation or allocation may appeal such determination to the Director as provided in Section 700.130.
D.Â
Residential Unit And Impervious Surface Calculation. The Director shall initially, and from time to time, determine the number of residential units located on residential developed property in order to establish the storm water management service fee provided by Subsection (B) of this Section. Non-residential developed property in the City shall have its square footage of impervious area calculated in order to establish the storm water management service fee provided by Subsection (C) of this Section. The Director shall make the initial calculation with respect to existing non-residential developed property and may from time to time change this calculation from the information and data deemed pertinent by the Director.
[Ord. No. 1125 §7, 8-25-2004]
A.Â
Persons
disagreeing with the calculation of the storm water management user
fee or with whether their property is served by the storm water utility
or who believe they are entitled to a credit or to the continuation
of a credit, may appeal the calculation or finding to the City Administrator.
The appellant must file a written notice of appeal, including the
basis of the appeal, with the City Clerk within thirty (30) days following
distribution of Johnson County ad valorem tax bills. Non-residential
property owners shall provide information including a land survey
prepared by a registered surveyor showing total property area, type
of surface material, and impervious area. Based on the information
provided, the City Administrator shall make a determination as to
whether the storm water management user fee should be adjusted or
eliminated for the subject property. The City Administrator shall
notify the appellant in writing of the decision.
B.Â
A person
shall have the right to appeal the decision of the City Administrator
to the City Council. Such appeal shall be made within ten (10) days
of the date of the City Administrator's written decision and shall
be perfected in the same manner as the original appeal. The City Council
shall consider the appeal and issue a written decision on the appeal
within thirty (30) days of the receipt of the perfected appeal.
C.Â
The burden
of proof shall be on the appellant to demonstrate, by clear and convincing
evidence, that the determination of the user fee is erroneous.
D.Â
The filing
of a notice of appeal shall not stay the imposition, calculation or
duty to pay the fee. The appellant shall pay the storm water management
user fee to Johnson County, Kansas stated in the billing. If either
the City Administrator or the City Council determines that the appellant
should not pay a fee, pay a fee amount less than the amount appealed,
or receive a credit, the City shall issue a check to the appealing
party in the appropriate amount within ten (10) days of the date of
the applicable written decision.
E.Â
The decision
of the City Council shall be final and any further appeal of this
decision shall be to the Tenth Judicial District Court of the State
of Kansas by way of the provisions of K.S.A. 60-201 et seq.
[Ord. No. 1125 §8, 8-25-2004]
A.Â
The storm
water management service fee shall be billed and collected by Johnson
County, Kansas. The storm water management service fee shall be shown
as a separate item on the County's bi-annual ad valorem property tax
statement, in accordance with the procedures established in an Inter-local
Cooperation Agreement, pursuant to K.S.A. 12-2908, between the City
and the County, as hereby authorized. The payment of storm water management
service fee bills for any given property shall be the responsibility
of the owner of the property provided service by the storm water management
system.
B.Â
Storm
water management fees shall be subject to a penalty for late payment,
which shall be the same as that imposed for late payment of ad valorem
property taxes by the County, and, as and to the extent permitted
by applicable law, shall be assessed, constitute a lien and be collected
by the County in the same manner as late; charges are assessed and
collected by the County for ad valorem property taxes, regardless
of whether the storm water management service fees were incurred when
a property owner was in possession of the property or a non-owner
was in possession of the property.
[Ord. No. 1125 §9, 8-25-2004]
Storm water management service fees collected by the City shall
be paid into an enterprise fund that is created hereby and shall be
known as the "storm water utility fund." This fund shall be used for
the purpose of paying the creation, extension and replacement, operations
and maintenance and debt service of the storm water management system
and to carry out all other purposes of the utility.
[Ord. No. 1125 §10, 8-25-2004]
The ERU and the ERU rate that is used to determine the charge
for each residential developed property and non-residential developed
property shall be as established in an ordinance or a resolution heretofore
adopted or hereafter amended by the City Council, and as thereafter
amended.
