A CHARTER ORDINANCE EXEMPTING THE CITY OF ELLIS, KANSAS FROM K.S.A. 14-567 ET SEQ. AND FROM K.S.A. 12-631G ET SEQ. AND ANY AND ALL AMENDMENTS THERETO, AND REPEALING ORDINANCE NO. 769 OF THE ORDINANCE OF THE CITY OF ELLIS, KANSAS AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT RELATING TO THE FIXING OF A CHARGE OR CHARGES FOR THE USE OF THE SEWAGE DISPOSAL SYSTEM OF SAID CITY AND PROVIDING FOR THE MANNER FOR THE MAKING, COLLECTING AND USE OF THE SAME.

Section 1.         The City of Ellis, Kansas, by the power invested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to make inapplicable to it and exempt itself from K.S.A. 14-567 et seq., K.S.A. 12-631 et seq. and any and all amendments thereto which apply to said city, but not uniformly to all cities, and provides substitute and additional provisions on the same subject as hereinafter provided.

Section 2.         That a monthly service charge for the use of services rendered by the sewage disposal system be paid to the city by all persons, firms, corporations, the United States, the State of Kansas and its political subdivisions, and any organizations within or without the city having a sewer connection or connections directly or indirectly with the sewage disposal system of the city in the amount of $1.00.

Section 3.         The revenue derived from the charges from use of the sewage disposal system shall be paid into the water and electric operating fund, and shall be used in any manner or for any purpose which constitutes a lawful expenditure or use of said water and electric operating fund.

Section 4.         Charges for sewage disposal system services shall be billed on the statement rendered for the payment of water bills. In the event any person, firm, or corporation, or the United States, the State of Kansas and its political subdivisions, and any organizations within and without the city using said sewage disposal system, neglects, fails or refuses to pay the charges fixed herein or hereafter fixed by the governing body of the City of Ellis, Kansas, such person, firm, or corporation, or other user shall not be disconnected from such sewage disposal system or refused the use thereof, but such charges due thereunder may be by the city clerk certified to the county clerk of the county in which said city is located, to be placed on the tax roll 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, or the City of Ellis, Kansas may take any legal action available to collect such sewage disposal charge.

Section 5.         For the purpose of this Ordinance, sewage disposal system shall include the system of sewers and sewage disposal plant of the City.

(02-28-1967)