CHAPTER XV. UTILITIES

CHAPTER XIV. TRAFFIC

Article 1. Water
Article 2. Sewer Use Regulations
Article 3. Sewer Service Charges
Article 4. Solid Waste
Article 5. Water Conservation
Article 6. Sedgwick County Sanitary Code
Article 7. Electric Franchise

Ordinance No. 589 Schedule of Fines for Certain Violations

ARTICLE 1. WATER

• CONTROL AND SUPERVISION OF WATER AND SEWAGE. The general management, care, control and supervision of the City Water System shall be in the Maintenance Supervisor, who shall be appointed by the Mayor with the consent of the Governing Body. (Ord. 541, Sec. 1)
• REGULATIONS. The furnishing of water to customers by the City through its waterworks system shall be governed by the regulations set forth in this ordinance. (Ord. 541, Sec. 2)
• SERVICE NOT GUARANTEED. The City does not guarantee the delivery of water through any of its mains and connecting services at any time, and does not guarantee any specific water pressure. Failure to provide delivery of water or to provide water at a given pressure, shall not create liability on the part of the City. (Ord. 541, Sec. 3)
• SERVICE CONNECTIONS REQUIRED.
  • The owner of each house, building, or other structure used for human occupancy, employment, recreation, or other purpose, situated within the City, abutting on any street, alley, or right-of-way in which there is now located or may in the future be located public water mains, is hereby required at his or her own expense to make connection to such public water main.
  • Before any connection is made to the City's water system an application must be made in writing to the City Clerk by the owner of the premises, or his or her authorized representative, for a permit to make such connection.
  • A house, building, or other structure used for human occupancy, employment, recreation, or other purpose that was legally established and not connected to a public water main as of the effective date of this Ordinance shall not be deemed nonconforming solely because it is not connected to such public water main as required by Section 104(a) of this article. The City of Goddard shall bear no responsibility, nor shall the City assume any liability for either the quality or the quantity of water obtained from any other source, including, but not limited to private wells. (Ord. 541, Sec. 4)
• APPLICATION FOR SERVICE.
  • Any person, firm or corporation desiring a connection with the municipal water system shall apply in writing to the City Clerk, on a form furnished by the City for that purpose, for a permit to make the connection.
  • The application shall:
    • Contain an exact description including street address of the property to be served;
    • State the size of tap required;
    • State the size and kind of service pipe to be used;
    • State the full name of the owner of the premises to be served;
    • State the purpose for which the water is to be used;
    • State any other pertinent information required by the City Clerk;
    • Be signed by the owner or occupant of the premises to be served, or his or her authorized agent.
  • Each application for a connection permit shall be accompanied by payment of fees and/or costs specified in Section 108 of this article. (Ord. 541, Sec. 5)
• ADDITIONAL FIRE HYDRANTS. Upon written request, subject to the approval of the Governing Body of the City of Goddard, Kansas, the City shall install one or more fire hydrants at or near a designated premise.
  • The cost of installing said fire hydrant or hydrants, including extending any water mains and service lines, shall be paid entirely by the requesting party, unless the Governing Body of the City of Goddard, Kansas determines extraordinary circumstances exist sufficient to warrant the City's paying all or a part of said costs, in which case the City of Goddard shall pay such portion of the costs of installing said fire hydrant or hydrants as the Governing Body of the City of Goddard, Kansas may deem appropriate.
  • The design for and construction of any water lines and the installation of said fire hydrant or hydrants shall be approved by the City Engineer for the City of Goddard.
  • All such facilities shall be dedicated to the City of Goddard, Kansas.
  • If the requesting party is not a water customer of the City of Goddard, Kansas, the Governing Body of the City of Goddard, may, at its discretion, impose a monthly fee for said additional fire hydrant.
  • The cost of all materials and labor expended by the City of Goddard for the maintenance, repair and/or replacement of such additional fire hydrant shall be paid entirely by the requesting party. (Ord. 541, Sec. 6; Ord. 550)
• CITY TO MAKE CONNECTIONS. All taps shall be given, street excavations made, corporation cocks inserted, pipes installed from main to curb, and the curb cock installed in a meter box to which the service pipe is to be connected only by City Employees or by a contractor specifically approved by the City for that particular connection. (Ord. 541, Sec. 7)
• CONNECTION FEES.
  • The fees for residential connections to the City waterworks system shall be as follows:
    • For connecting to a water main with three-fourths inch tap, three- fourths inch service line and installing three- fourths inch meter within the City Limits of the City of Goddard- $1,000.00, plus any applicable tax;
    • For connecting to a water main with three-fourths inch tap, three- fourths inch service line and installing three- fourths inch meter outside of the City Limits of the City of Goddard, but within the limits of a water district as set forth in Section 110 of this article- $1,400.00, plus any applicable tax;
    • For connecting to a water main with three-fourths inch tap, three- fourths inch service line and installing three- fourths inch meter outside of the City Limits of the City of Goddard, and outside the limits of a water district as set forth in Section 110 of this article- $1,800.00, plus any applicable tax.
  • The fees for commercial and industrial connections to the City waterworks system shall be as follows:
    • For connecting to a water main within the City Limits of the City of Goddard- the fee shall be the expected daily usage in gallons per day, as set forth in "Estimates of Commercial, Industrial, and Recreational Wastewater Flows," prepared by the Minnesota Pollution Control Agency, divided by Three Hundred Fifty (350) gallons per day (which is determined to be the normal residential usage) multiplied by One Thousand Dollars ($1,000.00), except that if the applicant has an established record of usage from which a more accurate figure may be derived, the permit fee shall be that figure in gallons per day, divided by Three Hundred Fifty (350) gallons per day, multiplied by One Thousand Dollars ($1,000.00). In no case shall the permit, inspection and connection fee for such commercial or industrial users be less than One Thousand Dollars ($1,000.00), plus any applicable tax;
    • For connecting to a water main outside of the City Limits of the City of Goddard, but within the limits of a water district as set forth in Section 110 of this article- the fee shall be the expected daily usage in gallons per day, as set forth in "Estimates of Commercial, Industrial, and Recreational Wastewater Flows," prepared by the Minnesota Pollution Control Agency, divided by Three Hundred Fifty (350) gallons per day (which is determined to be the normal residential usage) multiplied by One Thousand Four Hundred Dollars ($1,400.00), except that if the applicant has an established record of usage from which a more accurate figure may be derived, the permit fee shall be that figure in gallons per day, divided by Three Hundred Fifty (350) gallons per day, multiplied by One Thousand Four Hundred Dollars ($1,400.00). In no case shall the permit, inspection and connection fee for such commercial or industrial users be less than One Thousand Four Hundred Dollars ($1,400.00), plus any applicable tax;
    • For connecting to a water main outside of the City Limits of the City of Goddard, and outside the limits of a water district as set forth in Section 110 of this article- the fee shall be the expected daily usage in gallons per day, as set forth in "Estimates of Commercial, Industrial, and Recreational Wastewater Flows," prepared by the Minnesota Pollution Control Agency, divided by Three Hundred Fifty (350) gallons per day (which is determined to be the normal residential usage) multiplied by One Thousand Eight Hundred Dollars ($1,800.00), except that if the applicant has an established record of usage from which a more accurate figure may be derived, the permit fee shall be that figure in gallons per day, divided by Three Hundred Fifty (350) gallons per day, multiplied by One Thousand Eight Hundred Dollars ($1,800.00). In no case shall the permit, inspection and connection fee for such commercial or industrial users be less than One Thousand Eight Hundred Dollars ($1,800.00), plus any applicable tax;
  • In the event a consumer requests a meter larger than three- fourths inch, the consumer shall pay, in addition to the permit, inspection and connection fee, the additional cost of any larger meter, together with all increased costs incidental to the installation of said meter and a 10% mark-up on materials.
  • If the consumer is outside the City Limits of the City of Goddard, and there does not exist a water line contiguous to such consumers premises, said consumer shall pay the additional expense of installing a water line to his premises, unless the Governing Body of the City of Goddard, Kansas determines extraordinary circumstances exist sufficient to warrant the City's paying all or a part of said costs, in which case the City of Goddard shall pay such portion of said costs as the Governing Body of the City of Goddard, Kansas may deem appropriate. The design for and construction of said water lines shall be approved by the City Engineer for the City of Goddard. All such facilities up to and including the water meter shall be dedicated to the City of Goddard.
  • The local school district shall be deemed a commercial consumer. (Ord. 541, Sec. 8)
• RATES FOR WATER SALES. The following are established as the rates for water sales by the City of Goddard, Kansas:
  • Residential Use Within City Limits:

$ 2.00/monthly minimum for up to 2,000 gallons.

$ 1.00/1,000 gallons for 2,001 to 5,000 gallons/month.

$ 1.00/1,000 gallons for 5,001 to 10,000 gallons/month.

$ 1.00/1,000 gallons for all over 10,000 gallons/month.

• Residential Use Outside City Limits (Subject to Exceptions found in Section 110 of this article):

$14.00/monthly minimum for up to 2,000 gallons.

$ 1.50/1,000 gallons for 2,001 to 5,000 gallons/month.

$ 1.50/1,000 gallons for 5,001 to 10,000 gallons/month.

$ 1.50/1,000 gallons for all over 10,000 gallons/month.

• Nonresidential Use Within City Limits:

$ 9.00/monthly minimum for up to 2,000 gallons.

$ 1.00/1,000 gallons for 2,001 to 5,000 gallons/month.

$ 1.00/1,000 gallons for 5,001 to 10,000 gallons/month.

$ 1.00/1,000 gallons for all over 10,000 gallons/month.

• Nonresidential Use Outside City Limits:

$18.00/monthly minimum for up to 2,000 gallons.

$ 1.50/1,000 gallons for 2,001 to 5,000 gallons/month.

$ 1.50/1,000 gallons for 5,001 to 10,000 gallons/month.

$ 1.50/1,000 gallons for all over 10,000 gallons/month.

• Bulk Water Sales:

$25.00/minimum for up to 1,000 gallons

$ 2.00/1,000 gallons for 1,001 to 5,000 gallons.

$ 2.50/1,000 gallons for 5,001 to 10,000 gallons.

$ 3.00/1,000 gallons for all over 10,000 gallons.

• The local school district shall be deemed a commercial consumer.
• The above rates and minimum charges shall be effective beginning with the billing cycle which ends October 2000. (Ord. 541, Sec. 9)
• BILLING CYCLES FOR RESIDENTIAL AND NON-RESIDENTIAL CONSUMERS. All residential users shall be billed bi-monthly. All commercial and industrial users shall be billed monthly. Billings for each period shall be made within ten (10) days of the end of that period. All water service utility bills are due and payable at Goddard City Hall within thirty (30) days of the meter reading date. (Ord. 541, Sec. 10)
• WATER RATES FOR RESIDENTIAL CONSUMERS WITHIN WATER BENEFIT DISTRICTS OR IMPROVEMENT DISTRICTS. The rates for residential consumers within the City Limits set forth in Section 109(a) of this article, shall apply to all residential consumers outside the City Limits of the City of Goddard, but inside the established limits of a water benefit district or improvement district, duly organized or incorporated under the laws of the State of Kansas, which has constructed a water system in accordance with the applicable state statutes and specifications, and the requirements of the City Engineer for the City of Goddard, and which benefit district or improvement district has dedicated said water system to the City of Goddard. Said exception includes, and is limited to, the Reece Road Improvement District and Highview Estates Water Improvement District. (Ord. 541, Sec. 11)
• CURB COCKS. There shall be a curb cock in every service line attached to the City main, the same to be placed within the meter box. Curb cocks shall be supplied with strong and suitable "T" handles. (Ord. 541, Sec. 12)
• CHECK VALVES. Check valves are required on all connections to steam boilers or on any other connection deemed necessary by the Maintenance Supervisor. Safety and relief valves shall be placed on all boilers and other steam apparatus connected with the water system where the steam pressure may be raised in excess of 40 pounds per square inch. (Ord. 541, Sec. 13)
• UNAUTHORIZED SERVICE. It shall be unlawful for any person, firm, or corporation, other than duly authorized City Officials or Employees to turn water on or off at the water meter or curb cock shut off, with a key or in any other manner, without first obtaining written permission from the Mayor or the Governing Body. Except that in the case of an emergency, it shall not be unlawful for the owner or occupant, or the authorized agent of the owner or occupant, to turn off the water at the water meter or curb cock, and, after repairs have been made, to turn on the water at the water meter or curb cock, provided that the City has not otherwise terminated service. (Ord. 541, Sec. 14)
• METERS.
  • All water furnished to customers shall be metered.
  • One water service line and meter shall be installed for each premises. Additional meters, water service lines and other appurtenances may be installed as approved by Governing Body of the City of Goddard. Requests for installation of additional water service lines and water meters shall be treated as requests for new service, subject to the payment of the fees set forth in Section 107 of this article, unless determined otherwise by Governing Body of the City of Goddard.
  • Each and every dwelling, apartment unit, business or place of business, shall be on a separate water line and meter. The City of Goddard shall permit no master metering of water except as follows:
    • Fire protection as provided in Section 106 of this article;
    • Where, due to unusual circumstances, approval has been explicitly given by a recorded vote of the Governing Body of the City of Goddard.

Where water has been supplied through one service line and one meter to more than one dwelling, apartment unit, business or place of business, the City of Goddard may, at its discretion, refuse to furnish water until separate service lines and meters are provided.

• All meters, whether now in service or hereafter installed, shall remain the sole property of the City of Goddard. It shall be unlawful for any person to obstruct access thereto by the City of Goddard
• Meters shall be located between the sidewalk or property line and curbing when the main is in the street, and on private property within three feet of the alley line when the main is in the alley. In the business district the meters must be installed in a location specified by the Maintenance Supervisor.
• The City's responsibility for repair and maintenance of any water line shall not extend past the property line, but in no event shall the City's responsibility extend beyond the water meter. (Ord. 541, Sec. 15)
• SAME; TESTING. Meters shall be tested before being set and at any other time thereafter when they appear to be measuring incorrectly. If a test is requested by the customer and the meter is found to be accurate within five (5) percent, the meter will be deemed correct and a charge determined by the City will be made to the customer. Said charge shall be based on the number of man-hours expended performing said test, the hourly rate paid by the City for such labor and any additional expenses incurred in relation to said test. Should the meter be found to be inaccurate, an adjustment may be given to the customer for any period during which the inaccuracy appears to have affected the water meter reading, not to exceed six months of billing assessments. (Ord. 541, Sec. 16)
• TAMPERING WITH METER. It shall be unlawful for any person to break the seal of any meter, to alter the register or mechanism of any meter, or to make any outlet or connection in any manner so that water supplied by the City may be used or wasted without being metered. It shall be unlawful for any person except an authorized employee of the water department to turn any curb cock on or off, except as provided in Section 113 of this article. Each twenty-four (24) hour period during which a violation occurs shall constitutes a separate violation of this section. Violation of this section shall be punishable by a fine of not more than $1,000.00 for each twenty-four (24) hour period. (Ord. 541, Sec. 17)
• LEAKS PROHIBITED; PENALTY. No allowances shall be made for water used or lost through leaks, carelessness, neglect or otherwise after the same has passed through the meter. However, every customer shall have the right to appeal to the City from a water bill or meter reading which he or she considers excessive. (Ord. 541, Sec. 18)
• PAYMENT OF CHARGES, DISCONNECTION, RECONNECTION CHARGE.
  • All bi-monthly and monthly water utility bills are due and payable at Goddard City Hall within thirty (30) days of the meter reading date. If any bill is not paid in full within said thirty (30) day period, the City of Goddard shall charge a late payment penalty of ten percent (10%) of the delinquent amount.
  • If any water bill is not paid in full within said thirty (30) day period, a delinquency and termination notice shall be issued containing the following information:
    • The amount due on the unpaid balance, plus the applicable penalty and interest;
    • The customers right to a hearing before the Goddard City Council or the Councils delegate by appointment;
    • Notice that service may be terminated in fifteen (15) days, without any further notice, if the bill remains unpaid;
    • A reconnection fee will be charged;
    • That any partial payments will first be applied to penalties and interest charges.
  • If water service in terminated for non-payment of the water bill, water service to the premises shall be reinstated only on the payment of a reconnection fee. Said reconnection fee shall be:
    • $60.00 if located within the City Limits, except that in cases of water service reconnection made after 4 p.m. weekdays, or on weekends or holidays, the customer shall pay a $90.00 reconnection fee;
    • $80.00 if located outside the City Limits except that in cases of water service reconnection made after 4 p.m. weekdays, or on weekends or holidays, the customer shall pay a $120.00 reconnection fee.
  • If the City Water Department is dispatched to terminate service for non-payment of a water bill, but before service is terminated the water bill is paid in full, the water consumer shall still be charged the applicable reconnection fee set forth in Section 118(c) of this article. (Ord. 541, Sec. 19)

• 15-120 UTILITY DEPOSIT

  1. Prior to June 2, 2003, at the time of making application for water service, on property occupied or to be occupied by a person other than the property owner, the customer shall make a cash deposit of Seventy-Five Dollars ($75.00) to secure payment of accrued bills or bills due on discontinuance of service.  The City will hold said deposit as a credit to be applied to the final amount due at time of discontinued service.  When said water service is discontinued said credit will be deducted from the unpaid balance and the remaining credit, if any, will be returned to the customer.  If the balance, after applying the credit, is a debit balance, the customer shall pay the City the amount due.

  2.  

     1. After June 2, 2003, at the time of making application for water service, the property owner or customer shall pay a connection fee of Fifty Dollars ($50.00).  Receipt thereof shall be issued to each such property owner or customer.  This fee will be deposited in the water fund and is nonrefundable. 

     2. When making application for a transfer of water service from one property to another, the property owner or customer shall pay a connection fee of Fifteen Dollars ($15.00).  A receipt shall be issued to each such property owner or customer.  This fee will be deposited in the water fund and is nonrefundable.

     3. This ordinance shall not be used to assess a connection fee from a landlord when water service is continued between leases.

  3. Services pursuant to section (b) will not be activated unless and until the property owner or customer submits the appropriate application and payment of the applicable fee is received. (Ord. 581, Code 2003)

     

• LIABILITY OF PROPERTY OWNERS.
  • Each owner of real property within or without the City of Goddard, Kansas, to which water and/or sewer services are supplied, is hereafter liable to the City of Goddard, Kansas, for all charges for providing such City water and/or sewer services to said real property. Said liability for said charges shall be joint with any person or persons residing upon said real property and who may be deemed to be the actual user of said service.
  • In the event such water and/or sewer service charges are not paid within the time and in the manner required by the ordinances of the City of Goddard, the City Clerk shall certify to the County Clerk of Sedgwick County, Kansas, the legal description of the real property to which said sewer and/or water services were provided, together with the amount of such unpaid charges, and said charges shall thereupon be placed on the tax rolls for collection, subject to the same penalties and collected in like manner as other taxes are, by law, collectible and shall become a lien upon the real property so served. (Ord. 541, Sec. 21)
• INTERRUPTION OF SERVICE. The City reserves the right to interrupt water service for the purpose of making repairs or extensions to water lines or equipment. (Ord. 541, Sec. 22)
• PROHIBITED ACTS. It shall be a violation of this ordinance for any unauthorized person to:
  • Perform any work upon the pipes or appurtenances of the City's waterworks system beyond a private property line unless such person is employed by the city;
  • Make any connections with any extension of the supply pipes of any consumer without first obtaining written permission to do so from Mayor or the Governing Body;
  • Remove, handle or otherwise molest or disturb any meter, meter lid, cutoff, or any other appurtenances to the water system of the city. Except that, it shall not be unlawful for the owner or occupant, or the authorized agent of the owner or occupant, to remove the meter lid and turn off the water at the water meter or curb cock, as set forth in Section 113 of this article, provided that said meter lid is subsequently replaced. (Ord. 541, Sec. 23)
• WASTING WATER. Water users shall prevent unnecessary waste of water and shall keep sprinklers, hydrants, faucets and all apparatus, including the service line leading from the property to the meter, in good condition at their expense. (Ord. 541, Sec. 24)
• RIGHT OF ACCESS. Authorized employees of the City may enter upon any premises at reasonable hours for the purpose of reading the meter or servicing or inspecting meters or water lines. (Ord. 541, Sec. 25)
• USE DURING FIRE. No person owning or occupying premises connected to the municipal water system shall use or allow to be used during a fire any water from the water system, except for the purpose of extinguishing the fire. Upon the sounding of a fire alarm or other notification, it shall be the duty of every such person to see that all water services are tightly closed and that no water is used except in extraordinary cases of emergency during the fire. (Ord. 541, Sec. 26)
• CROSS-CONNECTIONS PROHIBITED. No person shall establish or permit to be established or maintain or permit to be maintained, any cross-connection whereby a private, auxiliary, or emergency water supply other than the regular public water supply of the City may enter the supply and distributing system of the City unless specifically approved by the Kansas Department of Health and Environment and the Governing Body. (Ord. 541, Sec. 27)
• SAME; PROTECTIVE BACKFLOW DEVICES REQUIRED. Approved devices to protect against backflow or backsiphonage shall be installed at all fixtures and equipment where backflow and/or backsiphonage may occur and where there is a hazard to the potable water supply in that polluted water or other contaminating materials may enter into the public water supply. Any situation in which a heavy withdrawal of water, such as a sudden break in the main or water being used from a fire hydrant, may cause a negative pressure to develop which could lead to backsiphonage of polluted water into the system shall be improper and must be protected by approved backflow preventive valves and systems as determined by the superintendent. (Ord. 541, Sec. 28)
• SAME; INSPECTION. The City Maintenance Supervisor or other designee of the Governing Body shall have the right of entry into any building or premises in the City as frequently as necessary in his or her judgment in order to ensure that plumbing has been installed in accordance with the laws of the City so as to prevent the possibility of pollution of the water supply of the city. (Ord. 541, Sec. 29)
• SAME; PROTECTION FROM CONTAMINANTS. Pursuant to the City's constitutional home rule authority and K.S.A. § 65-163a, the City by its Maintenance Supervisor may refuse to deliver water through pipes and mains to any premises where a condition exists which might lead to the contamination of the public water supply system and it may continue to refuse the delivery of water to the premises until that condition is remedied. In addition, the City Maintenance Supervisor may terminate water service to any property where the cross-connections or backsiphonage condition creates, in the judgment of the Maintenance Supervisor, an emergency danger of contamination to the public water supply. (Ord. 541, Sec. 30)

ARTICLE 2. SEWER USE REGULATIONS

• DEFINITIONS. Unless the context specifically indicates otherwise, the meaning of terms used in this ordinance shall be as follows:
  • "BOD" (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20 C, expressed in milligrams per liter.
  • "Building Drain" shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building wall.
  • "Building Sewer" shall mean the extension from the building drain to the public sewer or other place of disposal.
  • "Combined Sewer" shall mean a sewer intended to receive both surface runoff and sewage.
  • "Garbage" shall mean solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
  • "Industrial Wastes" shall mean the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.
  • "Natural Outlet" shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
  • "Person" shall mean any individual, firm, company, association, society, corporation, or group.
  • "pH" shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
  • "Properly Shredded Garbage" shall mean the wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle, greater than one-half (½) inch (1.27 centimeters) in any dimension.
  • "Public Sewer" shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.
  • "Sanitary Sewer" shall mean a sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted.
  • "Sewage" shall mean a combination of the water-carried wastes from residents, business buildings, institutions, and industrial establishments, together with such ground, surface, and stormwaters as may be present.
  • "Sewage Treatment Plant" shall mean any arrangement of devices and structures used for treating sewage.
  • "Sewage Works" shall mean all facilities for collecting, pumping, treating and disposing of sewage.
  • "Sewer" shall mean a pipe or conduit for carrying sewage.
  • "Shall" is mandatory; "May" is permissive.
  • "Slug" shall mean any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flows during normal operation.
  • "Storm Drain" (sometimes termed "storm sewer") shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.
  • "Superintendent" shall mean the Superintendent of Public Works of the City of Goddard, Kansas or his authorized deputy, agent, or representative.
  • "Suspended Solids" shall mean solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.
  • "Watercourse" shall mean a channel in which a flow of water occurs, either continuously or intermittently. (Ord 518, Art. I)
• UNLAWFUL DEPOSITS. It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the City of Goddard, or in any area under the jurisdiction of said City of Goddard, any human or animal excrement, garbage, or other objectionable waste. (Ord 518, Art. II, Sec. 1)
• PROHIBITED DISCHARGES. It shall be unlawful to discharge to any natural outlet within the City of Goddard, or in any area under the jurisdiction of said City of Goddard, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this ordinance. (Ord 518, Art. II, Sec. 2)
• PRIVATE DISPOSAL SYSTEM; PROHIBITED. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. (Ord 518, Art. II, Sec. 3)
• CONNECTION REQUIRED. The owner of all houses, buildings, or properties used for human employment, recreation, or other purposes, situated within the City of Goddard and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the City of Goddard, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this ordinance, within ninety (90) days after date of official notice to do so, provided that said public sewer is within two hundred (200) feet of the property line. No lot shall be split, nor shall any portion of any lot, less than the whole, be sold, conveyed or transferred by the owner or owners to any party unless the public sewer main is first extended to each and every parcel of said lot. Failure by the seller to so extend the public sewer main to each parcel shall be a violation of this ordinance and shall be punishable by a fine of not more than Two Thousand Five Hundred Dollars ($2,500.00). Each parcel of each lot to which a sewer main has not been extended shall be a separate violation. In addition, to the fine, the seller shall be required to so extend the sewer main to each parcel. (Ord 518, Art. II, Sec. 4)
• PRIVATE DISPOSAL SYSTEM. Where a public sanitary or combined sewer is not available under the provisions of Section 205 of this article, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this article. (Ord 518, Art. III, Sec. 1)
• SAME; PERMIT. Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the Superintendent. The application for such permit shall be made on a form furnished by the City of Goddard, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the Superintendent. A permit and inspection fee of Five Hundred Dollars ($500.00) shall be paid to the City of Goddard at the time the application is filed. (Ord 518, Art. III, Sec. 2)
• SAME; INSPECTION. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Superintendent and the City Engineer. Either or both shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Superintendent when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within Three (3) business days of the receipt of notice by the Superintendent. (Ord 518, Art. III, Sec. 3)
• SAME; REQUIREMENTS. The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the Department of Public Health of the State of Kansas. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than 217,800 Square Feet (Five [5] Acres). No septic tank or cesspool shall be permitted to discharge to any natural outlet. (Ord 518, Art. III, Sec. 4)
• SAME; CONNECTION TO PUBLIC SEWER. At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Section 209 of this article, a direct connection shall be made to the public sewer in compliance with this ordinance, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material. (Ord 518, Art. III, Sec. 5)
• SAME; OPERATION BY OWNER. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the City of Goddard. (Ord 518, Art. III, Sec. 6)
• SAME; ADDITIONAL REQUIREMENTS BY HEALTH OFFICER. No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the Health Officer. (Ord 518, Art. III, Sec. 7)
• SAME; FILLING OF PRIVATE SYSTEM. When a public sewer becomes available, the building sewer shall be connected to said sewer within sixty (60) days and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt. (Ord 518, Art. III, Sec. 8)
• CONNECTIONS; PERMIT REQUIREDNo unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Superintendent. (Ord 518, Art. IV, Sec. 1)
• SAME; APPLICATION FEE. There shall be three (3) classes of building sewer permits: (a) for residential (b) for commercial service, and (c) for service to establishments producing industrial wastes. In any case, the owner or his agent shall make application on a special form furnished by the City of Goddard. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgement of the Superintendent. A permit, inspection and connection fee shall be charged as set forth below shall be paid to the City of Goddard at the time the application is filed:
  • For a residential building sewer permit, the fee shall be One Thousand Dollars ($1,000.00).
  • For a commercial building sewer permit, the fee shall be the expected daily usage in gallons per day, as set forth in "Estimates of Commercial, Industrial, and Recreational Wastewater Flows," prepared by the Minnesota Pollution Control Agency, divided by Three Hundred Fifty (350) gallons per day (which is determined to be the normal residential usage) multiplied by One Thousand Dollars ($1,000.00), except that if the applicant has an established record of usage from which a more accurate figure may be derived, the permit fee shall be that figure in gallons per day, divided by Three Hundred Fifty (350) gallons per day, multiplied by One Thousand Dollars ($1,000.00). In no case shall the permit, inspection and connection fee for commercial users be less than One Thousand Dollars ($1,000.00).
  • For a commercial building sewer permit, the fee shall be the expected daily usage in gallons per day, as set forth in "Estimates of Commercial, Industrial, and Recreational Wastewater Flows," prepared by the Minnesota Pollution Control Agency, divided by Three Hundred Fifty (350) gallons per day, which is determined to be the normal residential usage, multiplied by One Thousand Dollars ($1,000.00), except that if the applicant has an established record of usage from which a more accurate figure may be derived, the permit fee shall be that figure in gallons per day, divided by Three Hundred Fifty (350) gallons per day, multiplied by One Thousand Dollars ($1,000.00). In no case shall the permit, inspection and connection fee for commercial users be less than Two Thousand Five Hundred Dollars ($2,500.00).

Each unit of a multifamily dwelling or a multiple unit to business complex shall require a separate fee. A surcharge of Five Hundred Dollars ($500.00) shall be assessed against any residential or commercial applicant outside the City Limits of the City of Goddard. A surcharge of One Thousand Dollars ($1,000.00) shall be assessed against any industrial applicant outside the City Limits of the City of Goddard. (Ord 518, Art. IV, Sec. 2)

• EXPENSES; DAMAGE. All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the City of Goddard from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. (Ord 518, Art. IV, Sec. 3)
• SEWER FO EACH BUILDING. A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. (Ord 518, Art. IV, Sec. 4)
• OLD BUILDING SEWERS. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Superintendent or City Engineer, to meet all requirements of this ordinance. (Ord 518, Art. IV, Sec. 5)
• SPECIFICATIONS. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City of Goddard. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply. (Ord 518, Art. IV, Sec. 6)
• SEWER ELEVATION. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. (Ord 518, Art. IV, Sec. 7)
• DOWNSPOUTS, DRAINS. No person shall make connection of roof downspouts, interior foundation drains exterior foundation drains, sump pumps, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. (Ord 518, Art. IV, Sec. 8)
• CONNECTION STANDARDS. The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the City of Goddard, or the procedures set forth in appropriate specifications of the A.S .T.M. and the W.P.C.F. Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Superintendent before installation. (Ord 518, Art. IV, Sec. 9)
• CONNECTION; SUPERVISION. The applicant for the building sewer permit shall notify the Superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Superintendent or his representative. (Ord 518, Art. IV, Sec. 10)
• EXCAVATION. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City of Goddard. (Ord 518, Art. IV, Sec. 11)
• SURFACE WATER, GROUNDWATER; PROHIBITED. No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer. (Ord 518, Art. V, Sec. 1)
• STORM SEWERS. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the Superintendent. Industrial cooling water or unpolluted process waters may be discharged on approval of the Superintendent, to a storm sewer, combined sewer, or natural outlet. (Ord 518, Art. V, Sec. 2)
• PROHIBITED SUBSTANCES. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
  • Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas.
  • Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two (2) mg/l as CN in the wastes as discharged to the public sewer.
  • Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.
  • Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders. (Ord 518, Art. V, Sec. 3)
• SAME; DISCRETION OF SUPERINTENDENT. No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the Superintendent that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the Superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:
  • Any liquid or vapor having a temperature higher than one hundred fifty (150)F (65C).
  • Any water or wastes containing fats, wax, grease or oils, whether emulsified or not, in excess of one hundred (100) mg/l or containing substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred fifty (150) ⁰F (0 and 65⁰C).
  • Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the [Superintendent].
  • Any waters or wastes containing strong acid, iron, pickling wastes, or concentrated plating solutions whether neutralized or not.
  • Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Superintendent for such materials.
  • Any waters or wastes containing phenols or other taste- or odor- producing substances, in such concentrations exceeding limits which may be established by the Superintendent as necessary, after treatment of the composite sewage, to meet the requirements of State, Federal, or other public agencies of jurisdiction for such discharge to the receiving waters.
  • Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Superintendent in compliance with applicable State and Federal regulations.
  • Any waters or wastes having a pH in excess of 9.5.
  • Materials which exert or cause:
    • Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride or sodium sulfate).
    • Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).
    • Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.
    • Unusual volume of flow or concentration of wastes constituting "slugs" as defined herein.
  • Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
  • Any waters or wastes having (1) a 5-day BOD greater than 300 parts per million by weight, or (2) containing more than 350 parts per million by weight of suspended solids, or (3) having an average daily flow greater than 2 percent of the average sewage flow of the City of Goddard, shall be subject to the review of the Superintendent. Where necessary in the opinion of the Superintendent, the owner shall provided, at his expense, such preliminary treatment as may be necessary to (1) reduce the biochemical oxygen demand to 300 parts per million by weight, or (2) reduce the suspended solids to 350 parts per million by weight or (3) control the quantities and rates of discharge of such waters or wastes. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Superintendent and no construction of such facilities shall be commenced until said approvals are obtained in writing. (Ord 518, Art. V, Sec. 4)
• SAME; PROCEDURE. If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Section 228 of this article, and which in the judgement of the Superintendent, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life to constitute a public nuisance, the Superintendent may:
  • Reject the wastes;
  • Require pretreatment to an acceptable condition for discharge to the public sewers;
  • Require control over the quantities and rates of discharge; and/or
  • Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of Section 234 of this article.

If the Superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Superintendent, and subject to the requirements of all applicable codes, ordinances and laws. (Ord 518, Art. V, Sec. 5)

• INTERCEPTORS; WHEN REQUIRED. Grease, oil, and sand interceptors shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Superintendent, and shall be located as to be readily and easily accessible for cleaning and inspection. (Ord 518, Art. V, Sec. 6)
• PRELIMINARY TREATMENT; WHEN REQUIRED. Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense. (Ord 518, Art. V, Sec. 7)
• CONTROL MANHOLES; WHEN REQUIRED. When required by the Superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Superintendent. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. (Ord 518, Art. V, Sec. 8)
• TESTING. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this ordinance shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. (The particular analyses involved will determine whether a twenty-four (24) hours composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24-hour composites of all outfalls whereas pHs are determined from periodic grab samples.) (Ord 518, Art. V, Sec. 9)
• INDUSTRIAL WASTE; SPECIAL AGREEMENTS. No statement contained in this article shall be construed as preventing any special agreement or arrangement between the City of Goddard and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City of Goddard for treatment, subject to payment therefore, by the industrial concern. (Ord 518, Art. V, Sec. 10)
• DAMAGING SEWERS; PROHIBITED. No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct. (Ord 518, Art. VI, Sec. 1)
• The Superintendent and other duly authorized employees of the City of Goddard bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this ordinance. The Superintendent or his representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. (Ord 518, Art. VII, Sec. 1)
• While performing the necessary work on private properties referred to in Section 236 of this article, the Superintendent or duly authorized employees of the City of Goddard shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the City of Goddard employees and the City of Goddard shall indemnify the company against loss or damage to its property by City of Goddard employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in Section 232 of this article. (Ord 518, Art. VII, Sec. 2)
• The Superintendent and other duly authorized employees of the City of Goddard bearing proper credentials and identification shall be permitted to enter all private properties through which the City of Goddard holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. (Ord 518, Art. VII, Sec. 3)
• Any person found to be violating any provision of this ordinance except Section 235 of this article, shall be served by the City of Goddard with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. (Ord 518, Art. VIII, Sec. 1)
• Any person who shall continue any violation beyond the time limit provided for in Section 239 of this article, shall be guilty of a misdemeanor, and on conviction thereof shall except for a violation of Section 205 of this article be fined in the amount not exceeding One hundred Dollars ($100) for each violation. Each 24-hour period in which any such violation shall continue shall be deemed a separate offense. (Ord 518, Art. VIII, Sec. 2)
• Any person violating any of the provisions of this ordinance shall become liable to the City of Goddard for any expense, loss, or damage occasioned the City of Goddard by reason of such violation. (Ord 518, Art. VIII, Sec. 3)
• The invalidity of any section, clause, sentence, or provision of this ordinance shall not affect the validity of any other part of this ordinance which can be given effect without such invalid part or parts. (Ord 518, Art. IX, Sec. 2)

ARTICLE 3. SEWER SERVICE CHARGES

• DEFINITIONS. Unless the context specifically indicates otherwise, the meaning of terms used in this ordinance shall be as follows:
  • "BOD" (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20C, expressed in milligrams per liter (mg/l).
  • "Normal Domestic Wastewater" shall mean wastewater that has a BOD concentration of not more than 250 mg/l and a suspended solids concentration of not more than 300 mg/l.
  • "Operation and Maintenance" shall mean all expenditures during the useful life of the treatment works for materials, labor, utilities, and other items which are necessary for managing and maintaining the treatment works to achieve the capacity and performance for which such works were designed and constructed.
  • "Replacement" shall mean expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. The term "operation and maintenance" includes replacement.
  • "Residential Contributor" shall mean any contributor to the City of Goddard's treatment works whose lot, parcel of real estate, or building is used for domestic dwelling purposes only.
  • "Shall" is mandatory; "May" is permissive.
  • "SS" (denoting Suspended Solids) shall mean solids that either float on the surface of or are in suspension in water, sewage, or other liquids and which are removable by laboratory filtering.
  • "Treatment Works" shall mean any devices and systems for the storage, treatment, recycling, and reclamation of municipal sewage, domestic sewage, or liquid industrial wastes. These include intercepting sewers, outfall sewers, sewage collection systems, individual systems, pumping, power, and other equipment and their appurtenances; extensions improvement, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment (including land for composting sludge, temporary storage of such compost, and land used for the storage of treated wastewater in land treatment systems before land application); or any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of municipal waste or industrial waste, including waste in combined storm water and sanitary sewer systems.
  • "Useful Life" shall mean the estimated period during which a treatment works will be operated.
  • "User Charge" shall mean that portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance, and replacement of the wastewater treatment works.
  • "Water Meter" shall mean a water volume measuring and recording device, furnished and/or installed by the City of Goddard or furnished and/or installed by a user and approved by the City of Goddard. (Ord. 542, Art. II)
• USER CHARGE SYSTEM. The user charge system shall generate adequate annual revenues to pay costs of annual operation and maintenance, including replacement, and costs associated with debt retirement of bonded capital associated with financing the treatment works which the City of Goddard may by ordinance designate to be paid by the user charge system. That portion of the total user charge which is designated for operation and maintenance including replacement of the treatment works shall be established by this ordinance. (Ord. 542, Art. III, Sec. 1)
• USER CHARGES, SEPARATE ACCOUNTS. That portion of the total user charge collected which is designated for operation and maintenance including replacement purposes as established in Sections 307, 308, and 309 of this article, shall be deposited in a separate non-lapsing fund known as the Operation, Maintenance and Replacement Fund and will be kept in two primary accounts as follows:
  • An account designated for the specific purpose of defraying operation and maintenance costs (excluding replacement) of the treatment works (Operation and Maintenance Account).
  • An account designated for the specific purpose of ensuring replacement and expansion needs over the useful life of the treatment works (Replacement Account). Deposits in the Replacement Account shall be made at least annually from the operation, maintenance and replacement revenue in the amount of $40,000.00 annually. (Ord. 542, Art. III, Sec. 2)
• SAME; CARRYOVER OF BALANCES. Fiscal year-end balances in the operation and maintenance account and the replacement account shall be carried over the same accounts in the subsequent fiscal year, and shall be used for no other purposes than those designated for these accounts. Monies which have been transferred from other sources to meet temporary shortages in the operation, maintenance and replacement fund shall be returned to their respective accounts upon appropriate adjustment of the user charge rates for operation, maintenance and replacement. The user charge rate(s) shall be adjusted such that the transferred monies will be returned to their respective accounts within the fiscal year following the fiscal year in which the monies were borrowed. (Ord. 542, Art. III, Sec. 3)
• SAME; BASIS. Each user shall pay for the services provided by the City of Goddard based on the use of the treatment works as determined by water meter(s) acceptable to the City of Goddard. Residential sewer users who do not also receive Goddard municipal water service shall incur a monthly sewer service charge which shall be the average of all other residential contributors. (Ord. 542, Art. IV, Sec. 1)
• CLASSES OF USERS. The following classes of users are hereby established:
  • For residential contributors the monthly user charge will be based on average monthly water usage during the two months of January and February. This amount shall be used beginning with the March/April billing cycle and shall continue through the January/February billing cycle of the following year, at which time a new charge amount shall be established. If a residential contributor has not established the two month average, his/her monthly user charge shall be the average charge of all other residential contributors.
  • For industrial and commercial contributors, user charges shall be based on water used during the current month. If a commercial or industrial contributor has a consumptive use of, or in some other manner uses water which is not returned to the wastewater collection system, the user charge for the contributor may be based on a wastewater meter(s) or separate water meter(s) metering the actual wastewater consumed and installed and maintained at the contributor's expense and in a manner acceptable to the City of Goddard. (Ord. 557)
• SAME; CHARGES. The minimum monthly charge shall be $2.63. In addition, each residential contributor located within the city limits shall pay a debt retirement fee of $4.57 per month. Each residential contributor located outside the city limits, and each commercial and industrial contributor shall pay a debt retirement fee of $15.87 per month In addition, each contributor shall pay a user charge for operation and maintenance, including replacement, of $.65 per 1,000 gallons of water. Each residential contributor located outside the city limits and each commercial and industrial contributor shall pay a debt retirement fee of $.10 per 1,000 gallons of water for the first 52,000 gallons per month, $1.60 per 1,000 gallons of water for all use from 52,000 gallons per month to 100,000 gallons per month, and $2.10 per 1,000 gallons of water for all use over 100,000 gallons per month.

The local school district shall be deemed a commercial contributor. Industrial and commercial contributors shall be billed on a monthly basis. (Ord. 542, Art. IV, Sec. 3)

• SAME; EXTRA STRENGTH USERS AND USERS DISCHARGING TOXIC POLLUTANTS. For those contributors who contribute wastewater, the strength of which is greater than normal domestic sewage, a surcharge in addition to the normal user charge will be collected. The surcharge for operation and maintenance including replacement is:
  • $.00006 per pound BOD
  • $.00006 per pound SS (Ord. 542, Art. IV, Sec. 4)
• SAME; INCREASED COSTS FOR TOXIC POLLUTANTS. Any user which discharges any toxic pollutants which cause an increase in the cost of managing the effluent or the sludge from the City of Goddard's treatment works, or any user which discharges any substance which singly or by interaction with other substances causes identifiable increases in the cost of operation, maintenance, or replacement of the treatment works, shall pay for such increased costs. The charge of each such user shall be as determined by City Engineer, and approved by the Governing Body of the City of Goddard. (Ord. 542, Art. IV, Sec. 5)
• SAME; APPLICATION. The user charge rates established in this article apply to all users of the City of Goddards treatment works, regardless of their location. (Ord. 542, Art. IV, Sec. 6)
• BILLING. All residential users shall be billed bi-monthly. All commercial and industrial users shall be billed monthly. Billings for each period shall be made within ten (10) days of the end of that period. All sewer service utility bills are due and payable at Goddard City Hall within thirty (30) days of the meter reading date. (Ord. 542, Art. V, Sec. 1)
• DELINQUENT FEE. If any bill is not paid in full within the thirty days period, the City of Goddard shall be entitled to a delinquent penalty payment of 10% of the delinquent amount. When any bill is thirty (30) days in default, rendition of water and/or sewer service to such premises shall be discontinued until such bill is paid following due notice and opportunity for hearing. (Ord. 542, Art. V, Sec. 2)
• INSUFFICIENT FUNDS CHECKS. In the event the City receives more than one (1) insufficient funds check from a customer in payment of his sewer service utility bill, then the customer shall, in all future payments of the utility bill, pay the same in cash or by cashiers check payable to the City of Goddard, Kansas. Receipt of such an insufficient funds check shall be treated by the city Clerk as an unpaid utility bill. In the event any person, firm, corporation, or organization shall neglect, fail, or refuse to pay the utility service charges fixed hereby, such charges shall constitute a lien upon the real estate served, may be certified by the City Clerk to appropriate Sedgwick County officials as a lien, and collected in the same manner as taxes are levied against real property and collected. (Ord. 542, Art. V, Sec. 3)
• LIABILITY OF PROPERTY OWNERS. All owners of real estate located within or without the City of Goddard, Kansas, to which is supplied water and/or sewer services are hereafter jointly liable with the actual user thereof to the City of Goddard, Kansas for all charges for providing such property city water and/or sewer services. (Ord. 542, Art. V, Sec. 4)
• BIANNUAL REVIEW. The City of Goddard will review the user charge system at least every two years, and revise user charge rates as necessary to ensure that the system generates adequate revenues to pay the costs of operation and maintenance including replacement and that the system continues to provide for the proportional distribution of operation and maintenance including replacement costs among users and user classes. (Ord. 542, Art. VI, Sec. 1)
• NOTICE OF RATES. The City of Goddard will notify each user at least annually, in conjunction with a regular bill, of the rate being charged for operation, maintenance including replacement of the treatment works. (Ord. 542, Art. V, Sec. 2)

ARTICLE 4. SOLID WASTE

• PRIVATE COLLECTIONS; LICENSE REQUIRED. No person within the city limits, collect or dispose of solid waste unless licensed by the appropriate Sedgwick County agency or department, and the city, and in addition, the collector shall at all times remain in compliance with the Solid Waste Code for Unincorporated Sedgwick County, Kansas, Area, hereinafter referred to as "Code," and published by the Environmental Health Division of the Wichita-Sedgwick County Department of Community Health, and with the terms of this article. In addition, the collector shall at all times comply with all other federal, state and local rules, regulations and laws established by governmental entities or agencies having jurisdiction in the premises. (Ord. 157, Sec. 1)
• ADOPTION OF SOLID WASTE CODE. The solid waste code is hereby adopted by reference in its entirety, except as amended herein. In the event any provisions contained within this article are is conflict with the solid waste code, the provisions herein shall control. (Ord. 157, Sec. 2)
• REVOCATION; NOTICE. Permits hereunder are subject to revocation for any violation of this article. In the event the collector shall fail to comply with any of the provisions of this article, the City Clerk may, with the consent of the Governing Body, upon 14 days written notice to such collector, revoke and cancel any contract which the collector may have with the city. Any collector may appeal such revocation order within 10 days to the Governing Body. (Ord. 157, Sec. 3)
• AMENDMENTS TO CODE. The Solid Waste Code for Unincorporated Sedgwick County Area is hereby amended as follows:
  • Chapter I, Sec. 1, is amended as follows:
    • "Board" means the city council of the City of Goddard, Kansas.
    • The definitions of county counselor and county engineer shall mean the duly appointed City Attorney and city engineer.
    • "Enforcing Agency" shall mean the City of Goddard and all of its authorized representatives.
    • "Environmental Protection Director" means the Maintenance Superintendent for the City of Goddard.
  • All references to "Sedgwick County" or "unincorporated area" shall mean within the City of Goddard, Kansas.
  • Chapter 9 of the Code entitled "Solid Waste Collection Vehicle Standards, Maintenance, Licensing and Fees," shall be amended to state as follows:
    • Standards. Licensing, and Fees: All solid waste collection vehicles collecting or transporting solid waste in Goddard, shall be maintained, and operated, in accordance with this code.
    • Each solid waste collector requesting licensure from the city shall submit a written application to the City Clerk. The application shall contain information concerning the applicants name, address, phone number, and make, model, year, and license tag number of each vehicle applicant proposes to operate. The City Clerk, upon payment of the appropriate fee, shall issue a license, the license to expire on the following December 31^st.
    • Information To Be Submitted: Each solid waste collector licensed in the city shall provide the City Clerk the following information in relation to customers provided regular scheduled solid waste collection service:
      • number of customers by type of service (that is, single family dwelling, other residential, or commercial, industrial, or other); and
      • the frequency of such collection.

Such information shall be provided by January 1, 1977, and shall be updated each three months thereafter.

• Chapter 11 of the code shall be amended as follows: "The City of Goddard Solid Waste Committee shall consist of the city council of the City of Goddard." All other provisions of Chapter 11 shall apply. (Ord. 157, Sec. 4)

• PURPOSE. The purpose of this article is to provide for the declaration of a water supply watch, warning or emergency and the implementation of voluntary and mandatory water conservation measures throughout the city in the event such a watch, warning or emergency is declared. (Ord. 453, Sec.1)
• DEFINITIONS.
  • "Water" shall mean water available to the city for treatment by virtue of its water rights or any treated water introduced by the city into its water distribution system, including water offered for sale at any coin-operated site.
  • "Customer" shall mean the customer of record using water for any purpose from the citys water distribution system and for which either a regular charge is made or in the case of coin sales, a cash charge is made at the site of delivery.
  • "Waste of Water" includes, but is not limited to (1) permitting water to escape down a gutter, ditch, or other surface drain; or (2) failure to repair a controllable leak of water due to defective plumbing.
  • The following classes of uses of water are established:
    • Class 1: Water used for outdoor watering, either public or private, for gardens, lawns, trees, shrubs, plants, parks, golf courses, playing fields, swimming pools or other recreational area; or the washing of motor vehicles, boats, trailers, or the exterior of any building or structure.
    • Class 2: Water used for any commercial or industrial, including agricultural, purposes; except water actually necessary to maintain the health and personal hygiene of bona fide employees while such employees are engaged in the performance of their duties at their place of employment.
    • Class 3: Domestic usage, other than that which would be included in either classes I or 2.
    • Class 4: Water necessary only to sustain human life and the lives of domestic pets and maintain standards of hygiene and sanitation. (Ord. 453, Sec. 2)
• DECLARATION OF WATER WATCH. Whenever the Governing Body of the city finds that conditions indicate that the probability of a drought or some condition causing a major water supply shortage is rising, it shall be empowered to declare, by resolution, that a water watch exists and that it shall take steps to inform the public and aks for voluntary reductions in water use. Such a watch shall be deemed to continue until it is declared by resolution of the Governing Body to have ended. The resolutions declaring the existence and end of a water watch shall be effective upon their publication in the official city newspaper. (Ord. 453, Sec. 3)
• DECLARATION OF WATER WARNING. Whenever the Governing Body of the city finds that conditions indicate or some other condition causing a major water supply shortage are present and supplies are starting to decline, it shall be empowered to declare, by resolution, that a water warning exists and that it will recommend restrictions on nonessential uses during the period of the warning. Such a watch shall be deemed to continue until it is declared by resolution of the Governing Body to have ended. The resolutions declaring the existence and end of a water warning shall be effective upon their publication in the official city newspaper. (Ord. 453, Sec. 4)
• DECLARATION OF WATER EMERGENCY. Whenever the Governing Body of the city finds that an emergency exists by reason of a shortage of water supply needed for essential uses, it shall be empowered to declare by resolution that a water supply emergency exists and that it will impose mandatory restrictions on water use during the period of the emergency. Such a watch shall be deemed to continue until it is declared by resolution of the Governing Body to have ended. The resolution declaring the existence and end of a water warning shall be effective upon their publication in the official city newspaper. (Ord. 453, Sec. 5)
• VOLUNTARY CONSERVATION MEASURES. Upon the declaration of a water watch or water warning as provided in sections 15-503:504, the Mayor is authorized to call on all water consumers to employ voluntary water conservation measures to limit or eliminate non-essential water uses including, but not limited to, limitations on the following uses:
  • Sprinkling of water on lawns, shrubs or trees (including golf courses).
  • Washing of automobiles.
  • Use of water in swimming pools, fountains and evaporative air conditioning systems.
  • Waste of water. (Ord. 453, Sec. 6)
• MANDATORY CONSERVATION MEASURES. Upon the declaration of a water supply emergency as provided in section 15-505, the Mayor is also authorized to implement certain mandatory water conservation measures, including, but not limited to, the following:
  • Suspension of new connections to the citys water distribution system, except connections of fire hydrants and those made pursuant to agreements entered into by the city prior to the effective date of the declaration of the emergency;
  • Restrictions on the uses of water in one or more classes of water use wholly or in part;
  • Restrictions on the sales of water at coin-operated facilities or sites;
  • The imposition of water rationing based on any reasonable formula including, but not limited to, the percentage of normal use and per capita or per consumer restrictions;
  • Complete or partial bans on the waste of water; and
  • Any combination of the foregoing measures. (Ord. 453, Sec. 7)
• EMERGENCY WATER RATES. Upon the declaration of a water supply emergency as provided in section 15-505, the Governing Body of the city shall have the power to adopt emergency water rates by ordinance designed to conserve water supplies, such emergency rates may provide for, but are not limited to:
  • Higher charges for increasing usage per unit of the use (increasing block rates);
  • Uniform charges for water usage per unit of use (uniform unit rate); or
  • Extra charges in excess of a specified level of water use (excess demand surcharge). (Ord. 453, Sec. 8)
• REGULATIONS. During the effective period of any water supply emergency as provided for in section 15-505, the Mayor is empowered to promulgate such regulations as may be necessary to carry out the provisions of this article, any water supply emergency resolution, or emergency water rate ordinance. Such regulations shall be subject to the approval of the Governing Body at its next regular or special meeting. (Ord. 453, Sec. 9)
• VIOLATIONS, DISCONNECTIONS AND PENALTIES.
  • If the Mayor, Water Superintendent, or other city official or officials charged with implementation and enforcement of this article or a water supply emergency resolution or ordinance learn of any violation of any water restrictions imposed pursuant to sections 15-507 or 15-509, a written notice of the violation shall be affixed to the property where the violation occurred and the customer of record and any other person known to the city who is responsible for the violation or its correction shall be provided with either actual or mailed notice. The notice shall describe the violation and order that it be corrected, cured or abated immediately or within such specified time as the city determines is reasonable under the circumstances. If the order is not complied with, the city may terminate water service to the customer subject to the following procedures:
    • The city shall give the customer notice by mail or actual notice that water service will be discontinued within a specified time due to the violation and that the customer will have the opportunity to appeal the termination by requesting a hearing scheduled before the city Governing Body or a city official designated as a hearing officer by the Governing Body.
    • If such a hearing is requested by the customer charged with the violation, he or she shall be given a full opportunity to be heard before termination is ordered; and
    • The Governing Body or hearing officer shall make findings of fact and order whether service should continue or be terminated.
  • A fee of $80 shall be paid for the reconnection of any water service terminated pursuant to subsection (a). In the event of subsequent violations, the reconnection fee shall be $200 for the second violation and $300 for any additional violations.
  • Violation of this article shall be a municipal offense and may be prosecuted in municipal court. Any person so charged and found guilty in municipal court of violating the provisions of this article shall be guilty of a municipal offense. Each days violation shall constitute a separate offense. The penalty for an initial violation shall be a mandatory fine of $100. In addition, such customer may be required by the court to serve a definite term of confinement in the city or county jail which shall be fixed by the court and which shall not exceed 30 days. The penalty for a second or subsequent conviction shall be a mandatory fine of $200. In addition, such customer shall serve a definite term of confinement in the city or county jail which shall be fixed by the court and which shall not exceed 30 days. (Ord. 453, Sec. 10)
• EMERGENCY TERMINATION. Nothing in this article shall limit the ability of any properly authorized city official from terminating the supply of water to any or all customers upon the determination of such city official and that emergency termination of water service is required to protect the health and safety of the public. (Ord. 453, Sec. 11)

• INCORPORATING SANITARY CODE. There is hereby incorporated by reference of the purpose of regulating the environment within the corporate limits of the City of Goddard, that certain Sanitary Code of Sedgwick county found in Chapter 14, Article V of the Health and Human Service Code (hereinafter referred to as the "Sanitary Code," such incorporation being authorized by K.S.A. §§12-3009 through 12-3012, inclusive, as amended. No fewer than three copies of the standard code shall be marked or stamped "Official Copy as Incorporated by the Code of the City of Goddard, Kansas," with all sections or portions thereof intended to be omitted or changed clearly marked to show any such omission or change and to which shall be attached a copy of this section, and filed with the City Clerk to be open to inspection and available to the public at all reasonable hours. (Ord. 485; Code 1998)
• SAME; ABATEMENT OR SUPPRESSION OF NUISANCES. In addition to the remedy of criminal prosecution in the municipal court and the enforcement provided therein, the health officer is also authorized, empowered, and directed after proper notice has been given pursuant to Article V, Division 1, Section 14-140, of the sanitary code to abate to suppress this nuisance. In order to carry out the abatement provisions of this section, the health officer is authorized to enter into or upon any premises or establishments for the purpose of making a thorough examination and to determine whether a nuisance exists. If, upon investigation, the health officer determines that a nuisance does exist, he or she may, after giving proper notice according to Article V, Division 1, Section 14-140 of the sanitary code, except no publication notice shall be required if actual notice is given to the party or such notice has been mailed by certified letter to the partys last known address, to the owner and/or occupant of the premises on which the nuisance is located, to proceed to cause nuisance to be abated or suppressed if the responsible party has failed to abate the nuisance within 10 days or the reasonable time required by the notice given. The health officer in abating the nuisance may enlist the services of the employees of the city, the county engineer, or private contractors who shall abate or suppress such nuisance and the cost of such abatement may be taxed against the lot or tract of ground upon which the nuisance is located consistent with the authority contained in this article. Within 10 days after the nuisance is abated by the health officer, the City Clerk shall mail a billing for the cost of same to the owner of the property. If the billing is not paid within 30 days from the date of such billing, the cost of such abatement will be certified to the Sedgwick County clerk to be placed on the tax rolls as a special assessment. When the particular nuisance the health officer is abating is an abandoned or inoperable vehicle, the health officer shall also certify the cost of the removal of the abandoned or inoperable vehicle as such is defined in Article V, Division I, Section 14-1 36 of the Sanitary Code No. 5 as a claim against either the owner of the motor vehicle or as a tax against the real property on which the nuisance occurred. The County of Sedgwick, Kansas or the City of Goddard, Kansas may thereafter maintain a civil action in the appropriate court against any person or persons upon whom notice was served as required by Article V, of the sanitary code to recover the cost of removing or disposing of any such motor vehicle, in the event the cost of abatement is not assessed against the real property. The abatement of a nuisance under the direction of the health officer shall not be a defense or excuse to the owner of a vehicle or property for not conforming with the provisions of Article V of the sanitary code. (Ord. 485, Sec. 2)
• SAME; AMENDMENTS TO ARTICLE V OF THE SANITARY CODE.
  • The definition of "property" in Article, Division I, Section 14-136, shall mean any real property within the City of Goddard, Kansas which is not a Street or highway.
  • Article V, Division 1, Section 14-139, shall be amended to state as follows:

Clean-Up or Nuisance Abatement. The City of Goddard, or the Sedgwick County Engineer, if so requested by the City of Goddard, or a private contractor if contracted for by the City of Goddard, Kansas or the county engineer, shall effect a direct clean up or nuisance abatement services on properties pursuant to orders prescribed by the health officer, or by the courts of competent jurisdiction.

• The words "official newspaper of the County of Sedgwick" wherever the words appear in the sanitary code, shall be amended to, "the official newspaper of the City of Goddard."

• Article V, Division 1, Section 14-153, of the code shall be deleted.
• The words "County of Sedgwick," and "Sedgwick County" contained in Article V, Division 2, Section 14-151 through 14-1 56, of the code, shall be amended to, "City of Goddard."

The word "county" contained in the above mentioned sections shall be amended to state: "city."

• The words "Health Department" contained in Article V, Division 2, Section 14-1 56, shall be amended to, " Health Officer." (Ord. 485, Sec. 3)

ARTICLE 7. ELECTRIC FRANCHISE

ORDINANCE NO. 574

     AN ORDINANCE, granting to Kansas Gas and Electric Company, a Kansas corporation, doing business as Westar Energy, its successors and assigns, an electric franchise, prescribing the terms thereof and relating thereto, and repealing all ordinances or parts of ordinances inconsistent with or in conflict with the terms hereof. (Code 2003)

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

SECTION 1.  That in consideration of the benefits to be derived by the City of  Goddard, Kansas, and its inhabitants, there is hereby granted to Kansas Gas and Electric Company, a Kansas corporation, doing business as Westar Energy, hereinafter sometimes designated as "Company," said Company being a corporation operating a system for the transmission of electric current between two or more incorporated cities in the State of Kansas, into and through which it has built transmission lines, the right, privilege, and authority for a period of ten (10) years from the effective date of this ordinance, to occupy and use the several streets, avenues, alleys, bridges, parks, parkings, and public places of said City, for the placing and maintaining of equipment and property necessary to carry on the business of selling and distributing electricity for all purposes to the City of Goddard, Kansas, and its inhabitants, and through said City and beyond the limits thereof; to obtain said electricity from any source available; and to do all things necessary or proper to carry on said business in the City of  Goddard, Kansas.

SECTION 2.  As further consideration for the granting of this franchise, and in lieu of any city occupation, license, or revenue taxes, the Company shall pay to the City during the term of this franchise three percent (3%) of its gross cash receipts from the sale of electric energy within the corporate limits of said City, such payment to be made monthly for the preceding monthly period.  Gross cash receipts shall not include other operating revenues received by the Company, which are not related to the "sale of electric energy".  Other operating revenues include, but are not limited to, delayed payment charges, connection fees, disconnection and reconnection fees, collection fees and return check charges.

SECTION 3.  That Company, its successors and assigns, in the construction, maintenance, and operation of its electric transmission, distribution and street lighting system, shall use all reasonable and proper precaution to avoid damage or injury to persons and property, and shall hold and save harmless the City of Goddard, Kansas, from any and all damage, injury and expense caused by the negligence of said Company, its successors and assigns, or its or their agents or servants.

SECTION 4.  After the filing of this ordinance with the State Corporation Commission, Company shall file with the City Clerk of the City of Goddard, Kansas, its unconditional written acceptance of this ordinance.  Said ordinance shall become effective and be in force and shall be and become a binding contract between the parties hereto, their successors and assigns, from and after the expiration of 60 days from its final passage, approval and publication as required by law, and acceptance by said Company.

SECTION 5.  That this ordinance, when accepted as above provided, shall constitute the entire agreement between the City and Company relating to this franchise and the same shall supersede and cancel any prior understandings, agreements, or representations regarding the subject matter hereof, or involved in negotiations pertaining thereto, whether oral or written.

SECTION 6. This franchise is granted pursuant to the provisions of K.S.A. 12-2001

SECTION 7.  That any and all ordinances or parts of ordinances in conflict with the terms hereof are hereby repealed.

SECTION 8.  Should the State Corporation Commission take any action with respect to this franchise ordinance, which would or may preclude Kansas Gas and Electric Company, a Kansas corporation, doing business as Westar Energy, from recovering from its customers any cost provided for hereunder, the parties hereto shall renegotiate this ordinance in accordance with the State Corporation Commission's ruling.

SECTION 9.  A franchise shall be assignable only in accordance with the laws of the State of Kansas, as the same may exist at the time when any assignment is made, provided, however, that the franchise may be assigned by Company without action by the City to any creditworthy entity which succeeds to all or substantially all of the electric utility business of the Company.  In the event of such assignment to a successor, Company shall be released from all obligations which are assumed in writing by such successor and the assignee shall have executed an assumption of the franchise being assigned.

PASSED and APPROVED this 18th day of February, 2003.
PUBLISHED February 27, 2003