A CHARTER ORDINANCE EXEMPTING THE CITY OF BONNER SPRINGS, KANSAS, FROM THE PROVISIONS OF 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 STORM WATER SYSTEMS, INCLUDING BUT NOT LIMITED TO, STORM AND SURFACE WATER DRAINAGE SYSTEMS AND FLOOD PROTECTION WORKS, AND TO THE ISSUANCE OF BONDS FOR THE PURPOSE OF PAYING FOR THE PROPERTY AND IMPROVEMENTS NECESSARY FOR ALL ASPECTS OF THE MANAGEMENT OF THESE SYSTEMS

Section I. The City of Bonner Springs, Kansas, 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 hereby makes inapplicable to it Section 12‑3101, 12‑3102, 12‑3103, 12‑3104, 12‑3105, 12‑3106 and 12‑3107, Kansas Statutes Annotated, which apply to the City of Bonner Springs, Kansas, but do not apply uniformly to all Kansas cities.

Section II. The City of Bonner Springs, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby enacts the following substitute and additional provisions in lieu of those provisions from which it is exempted pursuant to Section I above:

Section 1. Definitions. For the purpose of this Charter Ordinance, the words and phrases:

(a)   “Improve” shall mean to plan, map, engineer, design, alter, enlarge, extend, construct, reconstruct, develop, and redevelop a storm water system, and all things appurtenant thereto.

(b)   “Person” shall mean any person, firm, corporation, association, partnership, political unit, or organization.

(c)   “Storm Water” or “Storm Water System” shall mean 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, main sewers, intercepting sewers, outfall sewers, street, curb, and alley improvements associated with storm water improvements, surface drains, channels, drainage ways or easements, levees, detention and retention facilities, streams and other flood control facilities and works for the collection, transportation, quality treatment, pumping, treating, and disposing of storm water or surface waters.

(d)   “Storm Water Management Program” shall mean 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 Stormwater Management Program.

Section 2. Storm Water Systems; Powers of City. The City of Bonner Springs, Kansas shall have all the powers necessary or convenient to Improve and operate a Storm Water System, including such powers as the City of Bonner Springs 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 Storm Water System. The method of calculating and fixing such service charges, and the method of billing and collecting such charges, shall be established by rules and regulations heretofore or hereafter adopted. In the event any person, firm, corporation, political unit or organization living or operating on property served by the City’s storm water 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, refuse the delivery of water through the pipes and mains of its publicly owned waterworks until such time as such charges are fully paid.

(b)   To provide that Storm Water service charges authorized in subparagraph (A) above shall, when delinquent, be certified by the Clerk of the City to the County Clerk of either Wyandotte, Johnson, or Leavenworth 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 Storm Water System and against which such charges are made; provided however, that any action by the City under this subparagraph shall be subject to approval by the respective County.

(c)   To use the proceeds of Storm Water service charges authorized in subparagraph (A) and such other lawful available revenue sources, to improve, operate and maintain a Storm Water System pursuant to an adopted comprehensive storm water management plan and adopted policies implementing such plan, including policies regarding the financing of Storm Water improvements;

(d)   To use and to pledge the proceeds of the service fees authorized in subparagraph (A) 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;

(e)   To improve a Storm Water System pursuant to K.S.A. 12‑6a01 et seq., the General Improvement and Assessment Law or other applicable statutes;

(f)   To contract with agencies of the federal government, the State of Kansas, the County, the drainage district, other public bodies of this State, or with any private person or body for jointly improving, operating and maintaining a Storm Water System, provided that such agreements may include commitments regarding the financing of such improvements;

(g)   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, the County, the drainage district, other public bodies of this State, or with any private person or body for improving, operating and maintaining a Storm Water System;

(h)   To acquire property, right‑of‑way, or easements, within or outside the City limits of the City; by purchase, gift, transfer, or eminent domain for the purposes set forth in this Charter Ordinance;

(i)    To improve, maintain and operate a Storm Water System outside the City limits of the City pursuant to approval of the County;

(j)    To establish a Storm Water utility, a Storm Water utility fund, Storm Water Management Program, and such other administrative conveniences as may be deemed necessary;

(k)   To prohibit or regulate the discharge into the Storm Water System of matter deleterious to the proper operation of the Storm Water System and the general health, safety and welfare of the community, and to establish such other regulations regarding the use of the Storm Water System as are beneficial.

(l)    To, under the authority granted herein, establish a Storm Water Utility to be accounted for as a separate enterprise fund or special revenue fund of the City as deemed reasonable or appropriate by the Governing Body of the City.

Section 3. Powers herein supplemental and additional. The powers herein granted to improve, operate and maintain a storm water 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 other laws.”

Section III. Issuance of Storm Water System revenue bonds; requirements.

(a)   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 Storm Water System or Storm Water Systems under this Charter 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 Storm Water Systems: Provided, however, that payment of such bonds, both as to principal and interest, may be further secured by a pledge of any unencumbered municipal revenues including sales tax and impact fee/system development charges and any loan, grant or contribution from the federal government, the State of Kansas, other public bodies of the State or other persons or entities.

(b)   Pending the issuance of revenue bonds authorized by this Charter Ordinance, the Governing Body of the City may issue revenue anticipation bonds of the City for the purpose of providing interim financing for a project. Revenue anticipation bonds shall be payable from revenue bonds issued to provide permanent financing for activities authorized by this Charter Ordinance and from the income, proceeds, revenue and funds derived by the City from, or held in connection with, its Storm Water Systems.

(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, 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.

Section IV. In the event that any portion of this Charter Ordinance is determined to be invalid, illegal or unconstitutional by a court of competent jurisdiction, that decisions shall not in any manner affect the remaining portions which shall remain in full force and effect.”

Section V. This Charter Ordinance shall be published once each week for two (2) consecutive weeks in the official City newspaper.

Section VI. THIS CHARTER ORDINANCE SHALL TAKE EFFECT 61 DAYS AFTER FINAL PUBLICATION UNLESS A SUFFICIENT PETITION FOR A REFERENDUM IS FILED, REQUIRING A REFERENDUM TO BE HELD ON THE ORDINANCE AS PROVIDED IN ARTICLE 12, SECTION 5 OF THE CONSTITUTION OF THE STATE OF KANSAS, IN WHICH CASE THIS CHARTER ORDINANCE SHALL BECOME EFFECTIVE UPON APPROVAL BY A MAJORITY OF THE ELECTORS VOTING THEREON.

Section VII. Upon its effective date, this Charter Ordinance shall be recorded by the City Clerk in a book maintained for charter ordinances of the City and shall be filed with the Secretary of the State of Kansas.