A CHARTER ORDINANCE EXEMPTING THE CITY OF CLIFTON, KANSAS FROM THE PROVISIONS OF K.S.A. 12-3102 ET SEQ; INVOKING THE CITY’S AUTHORITY OF AND UNDER THE PROVISIONS OF ARTICLE 12, SECTION 5, OF THE KANSAS CONSTITUTION, ESTABLISHING A STORM WATER UTILITY FEE, ESTABLISHING A FUND FOR RECEIPT OF FEES, MAINTAINING OF A RESERVE BALANCE AND PROVIDING FOR A MEANS OF MAINTAINING THE STORM WATER COLLECTION SYSTEM.
That the City of Clifton, Kansas, 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. 12-3102 et seq.
That the City of Clifton already has a storm water collection system in place.
That the City of Clifton has not established fees to fund maintenance of said storm water collection system.
Be it ordained by the governing body of the City of Clifton, Kansas:
Section 1. Purpose. The governing body finds that there is a need to establish a means of maintaining, operation and improvement of its storm water collection system.
Section 2. Storm Water Utility; Establishment; Purpose. There is hereby created a storm water utility for the City of Clifton, Kansas. The purpose of said utility shall be for the establishment of a source of revenue for maintaining, operating and improvement of the City’s storm water collection system, including, as necessary, new construction.
Section 3. Fees; Collection; Review.
A. A monthly storm water fee of $2.00 per connection shall be collected on every connection to the City water system that is also a part of the City storm water drainage infrastructure.
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 resolution.
Section 4. 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 for the purposes 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, including, 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;
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; and
5) Costs of maintaining, repairing, cleaning and constructing flood and drainage ditches and other drainage-related improvements within the City.
C. Revenues collected and deposited in said fund shall not be used for purposes other than those designated in this article. However, if this fund is terminated by the governing body then any balance remaining in the fund at the time of termination shall be transferred to the general fund of the City and may be used for any purpose.
Section 5. 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 ordinance.
Section 6. Effective Date. The Storm Water Utility Fee provided for herein shall become effective on February 1, 2015, and be reflected on the utility bills sent to consumers for the 2015 utility billings and all billings thereafter.
Section 7. Usage of Funds. All funds collected during the 2015 fiscal year shall be held in a separate fund, designated to be used only for Storm Water Utility purposes. These funds shall not appear on the City budget until the 2016 fiscal year and said funds shall not be accessed until such time and said budget is in effect.
Section 8. Authority. This ordinance is adopted by authority of and under the provisions of Article 12, Section 5 of the Kansas Constitution.
(10-27-2014)