A CONSTITUTIONAL CHARTER ORDINANCE EXEMPTING THE CITY OF OTTAWA, KANSAS FROM THE PROVISIONS OF THE KANSAS WATER POLLUTION ACT, KSA 12-3101 ET SEQ. AND PROVIDING FOR THE CREATION OF AN ORDINANCE ESTABLISHING A STORMWATER MANAGEMENT PROGRAM AND A STORMWATER UTILITY FEE FOR THE CITY OF OTTAWA, KANSAS, FOR THE PURPOSE OF PLANNING, DESIGNING, FUNDING, CONSTRUCTING AND MAINTAINING STORMWATER MANAGEMENT, SEDIMENT AND EROSION CONTROL, AND FLOOD AND STORMWATER DISCHARGE PROGRAMS, PROJECTS AND FACILITIES, AND REVIEWING AND APPROVING STORMWATER MANAGEMENT AND SEDIMENT CONTROL PLANS FOR LAND DISTURBING ACTIVITIES, AND PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT THEREOF AND PROVIDING FOR STORMWATER MANAGEMENT RATES TO BE SET BY RESOLUTION OF THE GOVERNING BODY.

Whereas, the State of Kansas has passed legislation, known as the Kansas Water Pollution Act, K.S.A. 12-3101 et seq. ( KWPA) which has been found by the Kansas Supreme Court to be a non-uniform legislative act that affects different classes of cities in the State in different manners; and

Whereas, the KWPA also has a provision that allows the Secretary of the KDHE to, by resolution, allow cities to create their own storm water utility; and

Whereas, the Kansas Legislature has not created, in the KWPA the authority for the KDHE to issue resolutions, and KDHE has taken the position that it does not have the authority to issue resolutions allowing cities to create a storm water utility under the KWPA; and

Whereas, various cities have used their Constitutional Charter Ordinance authority to exempt themselves from the provisions of the KWPA, and the Kansas Supreme Court has determined, on a number of occasions, that the KWPA is not uniform as it applies to all cities in the State; and

Whereas, the City of Ottawa seeks to create a storm water utility for the purpose of managing storm water in the city and to collect of fee for that sole purpose, and to manage, administer and enforce such regulations as promulgated by the City of Ottawa for that purpose;

Now, Therefore Be it Ordained by the Governing Body of the City of Ottawa, Kansas, that:

Section 1. Exemption from State law. The City of Ottawa, Kansas, by the virtue of the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby exempts itself from the provisions of the Kansas Water Pollution Act, KWPA, K.S.A. 12-3101 et seq., for the purpose of creating a storm water utility and a fee to implement the same.

Section 2. Repeal of inconsistent provisions. Any provision of the current ordinances of the City of Ottawa that are inconsistent or in conflict with this Charter Ordinance are hereby repealed to the extent of such conflict; otherwise all such provisions are hereby ratified and confirmed.

(03-07-2012)