A CHARTER ORDINANCE EXEMPTING THE CITY OF OLATHE, KANSAS, FROM THE PROVISIONS OF K.S.A. 12-856 AND 12-860 AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISION ON THE SAME SUBJECT RELATING TO DEFINITIONS FOR COMBINED WATER WORKS AND SEWAGE DISPOSAL SYSTEMS FOR CITIES UNDER 80,000 POPULATION AND THE RATES AND CHARGES; USE OF REVENUES; COLLECTIONS AND LIENS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OLATHE, KANSAS:

SECTION ONE: The City of Olathe, Kansas, by the power invested 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. 12-856 and 12-860 and provide substitute and additional provisions as hereinafter set forth in this ordinance. Such referenced provisions are either enactments or a part thereof which are applicable to this city but are not applicable uniformly to all cities.

SECTION TWO: For the purpose of this act the following words and phrases shall have the meanings ascribed to them in this section:

(a) "City" shall mean any city having a population of less than eighty thousand (80,000).

(b) "Waterworks system" shall mean a waterworks system owned and operated by a city.

(c) "Sewage disposal system" shall mean the sanitary sewers, pumping stations, sewage treatment plans, outfall sewers and any and all appurtenances necessary in the operation of the same owned and operated by a city.

(d) "Water and sewage system" shall mean a combination of a waterworks system and sewage disposal system.

(e) "Systems development charge" shall mean a charge levied on development to provide revenue to finance extra capacity facilities.

(f) "Extra capacity facilities" shall mean improvements to the public facilities of the city that provide increased capacity to serve new or expanded development as distinguished from replacement or restoration of facilities that have or may become worn or obsolete.

SECTION THREE. The Governing Body of the city shall have the power to establish and collect such rates and charges, including but not limited to minimum charges, charges for the availability of service, tap fees, disconnection fees, reconnection fees, system development charges and reasonable penalties for any delinquencies, for water and for the use of the sewage disposal system as shall be reasonable and sufficient to pay the cost of acquisition of property, operation, repairs, maintenance, extension and enlargement of the water and sewer system and improvements thereof and new construction and the payment of any bonds and the interest thereon as may be issued for such water and sewage system: Provided, no revenue shall be used for the payment of bonds payable primarily by assessments against property in sewer districts: Provided further, that such revenue may be used to pay revenue bonds or general obligation bonds payable by the city at large issued for either the waterworks system or sewage disposal system before the systems were combined or for the water and sewage system after they have been combined. The city is authorized to discontinue water service for any failure to pay the rates or charges fixed for either water service or the use of the sewage disposal system or both when due, and if there is sewage disposal system use without water service the charge may be certified as a lien against the property served and assessed as a tax by the county clerk or county assessor.

SECTION FOUR: This ordinance shall be published once each week for two consecutive weeks in the official city newspaper.

SECTION FIVE: This is a charter ordinance and shall take effect 61 days after final publication, unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, Subdivision (c)(3) of the Constitution of Kansas, in which case the ordinance shall become effective if approved by the majority of the electors voting thereon.

PASSED by the Governing Body, not less than two-thirds of the members elect, voting in favor thereof the 20th day of August, 1985.

SIGNED by the Mayor the 20th day of August, 1985.