A CHARTER ORDINANCE EXEMPTING THE CITY OF MAIZE, SEDGWICK COUNTY, KANSAS, FROM CHAPTER 107 OF THE 2004 SESSION LAWS OF THE STATE OF KANSAS, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS OF THE SAME PERTAINING TO THE FILING OF A LIEN UPON REAL ESTATE SERVED BY THE CITY OF MAIZE, SEDGWICK COUNTY, KANSAS WITH WATER AND/OR SEWER WHEN THE SERVICE CHARGE FIXED BY THE GOVERNING BODY REMAINS UNPAID, WHETHER OR NOT THE SERVICE IS CONTRACTED FOR BY SOMEONE OTHER THAN THE LANDLORD.

Section 1. Election to Exempt. The City of Maize, Sedgwick County, Kansas (the “City”) by the power vested in Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it, Chapter 107 of the 2004 Session Laws of the State of Kansas (a non-uniform in application act) by providing substitute and additional provisions as follows:

Section 2. Definitions. For purposes of this Charter Ordinance “Utility Services” shall include water, sewer and other utility services provided by the City.

Section 3. Liability of Property Owner; Lien. (a) Lessors of leased premises served by Utility Services furnished by the City shall be ultimately liable for payment of the cost of any utility service furnished by the City to such leased premises, whether the service is furnished upon the application and request of the lessor or the lessee of such premises. (b) If Utility Service is furnished by the City to leased premises, upon the application and request of the lessee, then all billings for such service furnished shall be made to the lessee. However, if the cost of such service is not paid, as and when they become payable, the lessor of the premises served shall be liable for the payment of such cost, plus all interest and penalties as provided by the laws of the City. (c) If Utility Service is furnished to leased premises on the application and request of the lessor of the premises, then all billings for utilities furnished to such leased premises shall be made directly to the lessor, and the lessor shall be fully liable for the cost of service furnished. (d) Such charges shall constitute a lien upon the real estate served and shall be certified by the city clerk to the county clerk, to be placed on the tax roll for collection, subject to the same penalties and collected in like manner as other taxes collectible by law. (e) If the City terminates water and/or sewer services under authority of Sections 15-103 and 15-104, and amendments thereto, of the Code of the City then the City may refuse to deliver water through the pipes and mains of its water system until such time as water and/or sewer charges are paid in full.

Section 4. Rates. The governing body of the City shall establish such rates and charges for water and for the use of the sewage disposal system as shall be reasonable and sufficient to pay the cost of operation, repairs, maintenance, extension and enlargement of the water and sewage system and improvements thereof and new construction and the payment of any bonds and the interest thereon as may be issued for such water and sewage system. Such revenue may be used to pay revenue bonds or general obligation bonds payable by the City at large issued for either waterworks system or sewage disposal system before the systems were combined or for the water and sewage system after they have been combined.

(11-29-2004)