ORDINANCE NO. 1176 2. RENTAL/USER FEES … ordinance to amend chapter xiv public property, article...

-----------~~---------------------------------

/

ORDINANCE NO. 1176

AN ORDINANCE TO AMEND CHAPTER XIV PUBLIC PROPERTY, ARTICLE 2. RENTAL/USER FEES ESTABLISHED, SECTION 14-202 OF THE CODE OF THE CITY OF ST. MARYS, KANSAS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS:

I. ThafSection 14-202 of the Code of The City of St. Marys, Kansas hereby reads as follows:

14-202. GOLF COURSE RATES. Rates for the golf course are on a daily basis or by a season pass, and tournaments for groups. Other fees also assessed are for cart path, cart shed, trail fees, and cart rental fees. Season passes, cart path and cart shed fees are assessed annually, based on date of purchase. A season pass for single and family rates and cart shed participants may be paid in full or on a 3-month payment plan with 1/3 down, 1/3 due thirty (30) days after the first payment and 1/3 due sixty (60) days after the first payment. If a pass holder (member) fails to pay within said time, the member will be required to pay regular fees to continue to play, until the season pass has been paid in full. Pass holders with a cart in the cart shed must make a season pass payment by the 1st day of March. If a pass holder (with a cart in the cart shed), fails to make the March 1st payment, the City Manager may remove the pass holder's cart from the shed after notice is given to the pass holder. The Club House Manager determines prices for merchandise and concessions. Prices for merchandise, concessions and cart rental fees are subject to sales tax.

SEASON PASS: Family with full time students (to age 22) Single Student (enrolled full time in college, or vo-tech,

twelve hours minimum, to age 22) Junior (high school and younger)

GREENS FEES: 9 HOLES

18 HOLES

Weekdays (all day)

Weekdays I Mon. - Fri. Weekends I Holidays

Weekdays I Mon. - Fri. Weekends I Holidays

Seniors (age 62 and above I all day) Junior (age 18 and under I weekdays)

400.00 300.00 150.00

150.00

8.00 10.00

12.00 16.00

18.00 9.00 9.00

,(-·---,,.\

"---- .

0

:Q

Twilight nine (9) holes: Weekdays Weekends

TOURNAMENTS: Fees on a per event basis, prearranged with Club House Manager.

TRAIL FEES: Non season pass holders Daily trail fees

CART PATH:

CART SHED: Gas cart Electric cart

CART RENTAL FEES: Nine (9) holes Eighteen (18) holes

CORPORA TE CARDS:

PLAY CARDS: (eight punch play card - for a non-pass holder) Adult

Cart Rental Rules:

7.00 9.00

60.00 6.00

35.00

100.00 120.00

9.56 17.25

400.00

80.00

1.) The driver of a cart must be at least 16 years old and possess a valid drivers license. 2.) Only two (2) individuals (of any age) per cart. A small child may not ride with two adults. 3.) Carts must be turned in one-half hour before sunset. Clubhouse personnel will determine this time.

2. This ordinance will be published once in the official city newspaper and upon publication will be in full force and effect.

PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS this 7th day of February, 2006.

~\\\\\\\llll/11///11111. ~,,,~ ar sr. A/1~ ~ :\'\ ••••••••• :;111> ~

~~.... • ... :t-_~ ;:::: ... • c.r ~:

f-u/ SEAL \ \ S'3\ iC/"J~ ~ .....\ • .r~~ ~ ~. •s;_J ~ <ar1,,,••. .··s-~ '.-: r_,:..: .. ,• .t't= ~

AT~·· ........ ~~ .1.2:1;1~.~MIE ca~,,#

( _ 711111111~111~\\\\\\\~ J /'

/11z_(~---/) ~ t---~

ORDINANCE NO. 1177

(- .. AN ORDINANCE ADOPTING THE ZONING MAP OF THE CITY OF ST.

0

MARYS, KANSAS, WHICH SETS FORTH THE ZONES AND DISTRICTS FOR THE PURPOSE OF THE ST. MARYS UNIFIED DEVELOPMENT CODE.


Section 1. AMENDMENT. That Section 18-302 of the Code of the City of St. Marys, Kansas, is hereby amended to read as follows:

SECTION 18-302. DISTRICT MAP. (a) The map setting forth the boundaries of zones or districts as submitted by the Planning Commission is herewith adopted, and shall be marked "Official Copy 2006 #1 of zoning district map incorporated into zoning regulations by adoption of an ordinance by the governing body of the city on the 21st day of March, 2006," as provided by law. (b) For a period of Six (6) months following the effective date of this ordinance:

1. Any person who owns property; and 2. The property's zoning has been changed by the new zoning map;

and, 3. The person is seeking to have the previous classification of the

property restored; shall not be required to pay any application or rezoning fees, except all necessary publication fees.

Section 2. EFFECTIVE DATE. This ordinance shall take effect and be in force from and after its publication in the official city newspaper.

PASSED AND APPROVED this 18th day of April, 2006.

ATTEST:

ORDINANCE NO. 1178

AN ORDINANCE AMENDING ORDINANCE NO. 1177 SUB-PARAGRAPH (B)-(1) AND (2). BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS: Section 1. AMENDMENT. That Section 18-302 (b) (1) (2) and (3) of the Ordinances of the City of St. Marys, Kansas is hereby amended to read as follows:

SECTION 18-302 (b). For a period of six (6) months following the effective date of this ordinance:

1. Any person who owns property within the zoning authority of the city shall be given the opportunity to request a zoning change in accordance with the procedures set forth in the then current Uniform Development Code, but without the payment of any of the fees required by such code, for the purpose of eliminating an inconsistency in the zoning of the owner’s property, or to request a zoning change for another reason, such as to eliminate a non-conforming situation created by the adoption of the zoning map.

2. The waiver of fees during the six-month period does not apply to zoning change requests that would have been submitted even if the city had not undertaken the publication of a new zoning map. Such submissions would include zoning changes associated with plats or re-plats, or zoning changes required for the establishment of new businesses or the expansion of existing businesses. The decision as to whether the fee is to be waived shall be made by the city manager. Except required publication fees shall not be waived.

Section 2. EFFECTIVE DATE. This ordinance shall take effect and be in force from and after its publication in the official city newspaper. PASSED AND APPROVED this _____ day of June 2006.

__________________________ Robert W. Awerkamp Mayor

ATTEST: __________________________ Janice Acker, City Clerk

ORDINANCE NO. 1179 AN ORDINANCE AMENDING SECTION 14-201 OF CHAPTER 14, ARTICLE 2 OF THE CODE OF THE CITY OF ST. MARYS, KANSAS; RELATING TO THE RENTAL/USER FEES ESTABLISHED FOR THE MUNICIPAL SWIMMING POOL. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS: Section 1. That Section 14-201 of the Code of the City of St. Marys, Kansas is hereby amended to read as follows:

Sec. 14-201. SWIMMING POOL RATES The rates for the use of the municipal swimming pool shall be as follows:

SEASON PASS:

Family $65.00 Adult (ages 18 and over) 40.00 Student (ages 17 and under) 32.50

DAILY PASS: Adult (age 18 and over) $2.00 Student (ages 7 to 17) 1.50 Child (ages 1 to 6) .75

Infant (under age 1) FREE

GROUP PARTIES: Minimum fee (up to 20 guests) $35.00 Additional fee per person (groups of 20 or more) 1.00

LESSONS (per lesson session): Group Lessons

City resident $25.00 Non-resident 30.00

Private Lessons Individual $60.00 ($10 to City; $50 to Instructor)

Group First Family Member 60.00 ($10 to City; $50 to Instructor) Per Additional Family 30.00 ($5 to City; $25 to Instructor)

Member

Section 2. This ordinance shall take effect upon publication in the official city newspaper. PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS, this 1st day of August, 2006.

CITY OF ST. MARYS, KANSAS

_________________________________ ROBERT W. AWERKAMP, MAYOR

ATTEST: ___________________________________ MAURICE CORDELL, CITY MANAGER

CERTIFICATE

I hereby certify that the foregoing is a true and correct copy of the original ordinance;

that said ordinance was passed on the 1ST day of August, 2006; that the record of its passage is

found on page 353 of Journal P of the records of the City of St. Marys; that it was published in

the St. Marys Star on the 16th day of August, 2006.

_____________________________

MAURICE CORDELL, CITY MANAGER (SEAL)

ORDINANCE NO. 1180 AN ORDINANCE AMENDING SECTION 17-420 OF CHAPTER 17, “UTILITIES”, ARTICLE 4 OF THE CODE OF THE CITY OF ST. MARYS, KANSAS; RELATING TO REFUSE SERVICE CHARGES OF THE CITY OF ST. MARYS, KANSAS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS: Section 1. That Section 17-420 of the Code of the City of St. Marys, Kansas is hereby amended to read as follows:

Sec. 17-420. REFUSE SERVICE CHARGES The charges for refuse service shall be fixed by the governing body by resolution.

Section 2. This ordinance shall take effect upon publication in the official city newspaper. PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS, this 1st day of August, 2006.


______________________________ ROBERT W. AWERKAMP, MAYOR

ATTEST: ___________________________________ JACKIE ACKER CITY CLERK

CERTIFICATE

I hereby certify that the foregoing is a true and correct copy of the original ordinance; that said

ordinance was passed on the 1ST day of August, 2006; that the record of its passage is found on page

_____ of Journal P of the records of the City of St. Marys; that it was published in the St. Marys Star on

the ______ day of August, 2006.

_____________________________

Jackie Acker City Clerk

RESOLUTION NO. 05-06

BE IT RESOLVED BY THE CITY OF ST. MARYS, POTTAWATOMIE COUNTY, KANSAS, THAT THE CITY OF ST. MARYS ADOPT BY THIS RESOLUTION, REFUSE SERVICE CHARGES OF THE CITY OF ST. MARYS, KANSAS.

(a) A refuse service charge of $_____ per calendar month for the collection and disposition of refuse shall be levied against each single dwelling unit and for each multi-dwelling unit where refuse is collected from one central location.

(b) Commercial refuse service charges shall be determined by classification. In no case,

however, shall such commercial rates be less than that charged a dwelling unit. Classifications by description and charges are as follows:

COMMERCIAL REFUSE RATES

Commercial - Class A Minimum $_____ /$_____ rural 1 trip per week

Small business or offices with limited hours of operation.

Commercial - Class B Minimum $_____ /$_____ rural 1-2 trips per week

Business or offices with consistent hours of operation.

Retail/Commercial - Class A Minimum $_____ /$_____ rural 2-3 trips per week

Business or offices with consistent hours of operation.

Retail/Commercial B Class B Minimum $_____ /$_____ rural 3-4 trips per week

Bulk Sales, small eating establishments, consumption/distribution services.

Light Industry /Business Minimum $_____ /$_____ rural 3-4 trips per week

Light industry business, schools, care homes/manors, restaurants, rooming facilities, grocery/grocery supply and warehouse distributions.

Heavy Industry /Business Minimum $______ /$______ rural 4-5 trips per week

Heavy industry business, schools, care homes/manors, restaurants, rooming facilities, grocery/grocery supply and warehouse distributions.

(c) Rural residential refuse service charge of $_____ per calendar month shall be levied

against each single dwelling unit for the collection and disposition of refuse.

(d) Rates for all other wastes shall be determined according to the nature and quantity to be disposed of. Such rates shall be approved by the city manager subject to review by the governing body. (ORD1010/121592;ORD1135/110502)

THIS RESOLUTION IS PASSED AND ADOPTED THIS 1ST DAY OF AUGUST, 2006, BY THE GOVERNING BODY OF THE CITY OF ST. MARYS. _________________________

ROBERT W. AWERKAMP Mayor

ATTEST: _______________________ JACKIE ACKER City Clerk

·i.., • ·~ ., """

0

ORDINANCE NO. 1181

Al'T ORDINANCE Al'1ENDING SECTION 17-421 OF CHAPTER 17, "UTILITIES", ARTICLE 4 OF THE CODE OF THE CITY OF ST. MARYS, KANSAS; RELAT_ING TO REFUSE SERVICE CHARGES OF THE CITY OF ST. MARYS, KANSAS ..


Section 1. That Section 17-421.of the Code of the Citv of St. Marys, Kansas is hereby amended to read as follows: ·

Se.c.17-421. REFUSE SERVICE; OCCUPANT HAULS OWN Refuse generated by any single dwelling Unit may be ,transported to the disposal site by the occupant of any such unit and a refuse disposal charge of $14.00 (city) and $23.00 (rural) shall be· levied, per calendar month, against each such unit (ORD1010/121592;0RDl135/l 10502)

Section 2. newspaper.

' '

This ordinance shall take effect upon publication in the official city

PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS, this 15th day of August, 2006.

:MAURICE CORDELL, CITY MAL'TAGER

('r-~

\ __ ) ORDINANCE NO. 1182

o.

AN ORDINANCE AMENDING SECTIONS 18-101 THROUGH 18-106 OF ARTICLE 1, CHAPTER 18, "PLANNING AND ZONING" OF THE CODE OF THE CITY OF ST. MARYS, KANSAS; RELATING TO THE CREATION OF THE PLANNING COMMISSION AND BOARD OF .'?ONING APPEALS FOR THE CITY OF ST. MARYS, KANSAS.

BE IT ORDAINED BY. THE GOVERNING -BODY OF THE CITY OF ST. MARYS, KANSAS:

Section 1. That the title of Chapter 18, Article 1 of the Code of the City of St. Marys, Kansas is hereby amended to read.as follows: · ·

Article XIV. Planning Commission/Board of Zoning Appeals

Section 2. That Section 18-101 of the Code of the· City of St. Marys, Kaitsas is hereby amended to read as follows:

Sec.18-101. PLANNING COMMISSION CREATED

There is hereby created a city planning commission as provided for and authorized by KS.A. 12-741 et seq., as amended, to be known and hereinafter referred to as the St. Marys City PJ;anning Commission. The regulations pertaining to such Commission shall be included in the St. Marys. Unified Development Code, as amended. (ORD 653, Sec. 1).

Section 3. That_ Section 18-102 of the Code of the City of St. Marys, Kansas is hereby repealed and replaced with the following text:

Sec. 18-101. BOARD OF.ZONING APPE~LS CREATED

There is hereby created a board of zoning appeals as provided for and authorized by K.S.A. 12-741 et seq., to be known and hereinafter referred to as the Board of Zoning Appeals. The regulations pertaining to such Board shall be included in the St. Marys Unified Development Code, as amended. ·

Section'+. That Sections 18-103~ 18-104, 18-105 and 18-106 of the Code of the City of St. Marys, Kansas are hereby repealed.

Section 6'. This ordinance shall talce effect upon publication in the official city newspaper.

0

r.. ' ~· ":\ ~ • )"j ~':J

{'1·

"

PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS, this 15th day .of August,. 2006.

MAURICE C ~CITY MANAGER

ORDINANCE NO. 1183 AN ORDINANCE AMENDING SECTION 14-404 OF CHAPTER 14, ARTICLE 4 AND ADDING NEW ARTICLE 5 TO CHAPTER 14 OF THE CODE OF THE CITY OF ST. MARYS, KANSAS; AMENDING THE DUTIES OF THE PARK AND RECREATION ADVISORY BOARD AND ESTABLISHING A GOLF COURSE ADVISORY BOARD TO OVERSEE THE MUNICIPAL GOLF COURSE. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS: Section 1. That Section 14-404 of the Code of the City of St. Marys, Kansas is hereby amended to read as follows:

Sec. 14-404.

(a) The governing body shall refer all major proposals and propositions for the construction, reconstruction, and improvements of public parks and recreation facilities including the acquisition of land for park purposes, the acquisition of major recreational equipment and facilities and the institution of new programs in the recreational systems to such board. The advisory board shall make such reports and recommendations to the governing body on all such matters referred to it and any further recommendations as deemed advisable. All such duties and guidelines shall be as set out in K.S.A. 12-1931, et. seq., as amended.

(b) All power and authority previously granted to the park and recreation advisory board relating to the public golf course shall terminate and the advisory board shall have no further authority over the public golf course.

Section 2. That the Code of the City of St. Marys, Kansas is hereby amended by adding new Article 5, which shall read as follows:

ARTICLE 5. GOLF COURSE ADVISORY BOARD

Sec. 14-501. Created. That the city hereby establishes a golf course advisory board. The golf course advisory board shall consist of five (5) members, appointed by the mayor with the concurrence of the governing body. The initial five members shall be those five individuals serving the golf course commission on the effective date of this ordinance and such terms shall continue as initially appointed. All subsequent appointments upon the expiration of the term of the individual shall be for a three (3) year period. Any vacancy occasioned shall be filled for the unexpired term of the individual for which the appointment is made. Appointments to the board shall be as all other appointments to the boards of the City of St. Marys. Sec. 14-502. Powers and Duties.

The governing body shall refer all major proposals and propositions for the construction, reconstruction, and improvements of the golf course including the acquisition of land for golf course purposes, the acquisition of major recreational equipment and facilities and the institution of new programs for the golf course to the advisory board. The advisory board shall make recommendations relating to golf course rates, maintenance, management and facilities. The advisory board shall make such reports and recommendations to the governing body on all such matters referred to it and any further recommendations as deemed advisable.

Section 3. This ordinance shall take effect upon publication in the official city newspaper. PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS, this 6th day of September, 2006.



ATTEST: ______________________________ TORY JOST, CITY CLERK

ORDINANCE NO. 1184 AN ORDINANCE REGULATING TRAFFIC WITHIN THE CORPORATE LIMITS OF THE CITY OF ST. MARYS, KANSAS; INCORPORATING BY REFERENCE THE “STANDARD TRAFFIC ORDINANCE FOR KANSAS CITES,” EDITION 2006, PROVIDING CERTAIN PENALTIES AND REPEALING ORDINANCE NO. 1169 AND ALL OTHER ORDINANCES IN CONFLICT HEREWITH Be it Ordained by the Governing Body of the City of St. Marys, Kansas: Section 1. That section 16-101 to the Code of the City of St. Marys, Kansas, is hereby amended to read as follows: INCORPORATING STANDARD TRAFFIC ORDINANCE. There is hereby adopted and incorporated by reference a publication for the purpose of regulating traffic within the corporate limits of the city of St. Marys, Kansas, that is known as the “Standard Traffic Ordinance for Kansas Cities,” 2006 Edition, prepared and published by the League of Kansas Municipalities, Topeka, Kansas, except such articles, sections, parts or portions as are hereafter omitted, deleted, modified, or changed. Not less than three copies of said Standard Traffic ordinance shall be marked or stamped “Official Copy as adopted by Ordinance No.1184” and shall be filed with the city clerk to be open to inspection and available to the public at all reasonable hours. The police department, municipal judge and all administrative departments of the city charged with enforcement of this article shall be supplied, at the cost of the city, such number of official copies of such Standard Traffic ordinance, similarly marked, as may be deemed necessary. Section 2. Section 51 of the above identified “Standard Traffic Ordinance for Kansas Cities” 2006 Edition is hereby amended to read in its totality as follows:

Section 51. U Turns & J Turns; Where Prohibited. U- Turns: The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction upon any street in a business district, when posted, nor upon any other street unless such movement can be made in safety without interfering with other traffic. J-Turns: It shall be unlawful for the driver of any vehicle to cross the centerline of any street in the business district and angle park on the opposite side of the street. It shall be unlawful for the driver of any vehicle to back from an angle parking in such a fashion as to proceed forward on the opposite side of the street from such angle parking.

Section 3. Repeal. Ordinance Number 1169 is hereby repealed. Section 4. Effective Date. This ordinance will be published once in the official city newspaper and upon publication will be in full force and effect.

PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS this 19th day of September, 2006. CITY OF ST. MARYS, KANSAS _________________________

ROBERT W. AWERKAMP MAYOR

ATTEST: _______________________ TORY JOST City Clerk

ORDINANCE NO. 1185 AN ORDINANCE REGULATING PUBLIC OFFENSES WITHIN THE CORPORATE LIMITS OF THE CITY OF ST. MARYS, KANSAS; INCORPORATING BY REFERENCE THE “UNIFORM PUBLIC OFFENSE CODE FOR KANSAS CITIES,” EDITION 2006, AND REPEALING ORDINANCE NO. 1170 AND ALL OTHER ORDINANCES IN CONFLICT HEREWITH. Be it Ordained by the Governing Body of the City of St. Marys, Kansas: Section 1. That section 13-101 to the Code of the City of St. Marys, Kansas, is hereby amended to read as follows:

UNIFORM ORDINANCE INCORPORATED. There is hereby incorporated by reference the Uniform Public Offense Code for Kansas Cities, 2006 Edition, prepared and published by the League of Kansas Municipalities, with all sections or portions thereof intended to be omitted or changed clearly marked to show any such omission or change. No fewer than three copies of the Uniform Public Offense Code shall be marked or stamped “Official Copy as adopted by Ordinance No. 1185” and filed with the city clerk to be open to inspection and available to the public at all reasonable hours. The police department, municipal judge and all administrative departments of the city charged with enforcement of this article shall be supplied, at cost of the city, any number of official copies of such uniform code, similarly marked, as may be deemed necessary.

Section 2. Repeal. Ordinance Number 1170 is hereby repealed.

Section 3. Effective Date. This ordinance will be published once in the official city newspaper and upon publication will be in full force and effect.


ROBERT W. AWERKAMP MAYOR


0

0

(Published in St. Ma,.Ys Star '2006)

ORDINANCE NO. 1186 ------

AN ORDINANCE MAKING THE CITY OF ST. MARYS, A MEMBER OF THE KANSAS POWER POOL ("KPP"), A MUNICIPAL ENERGY AGENCY

WHEREAS, THE CITY OF ST. MARYS, KANSAS on December,5 2006 passed

Resolution No. 06-06 authorizing the City of St. Marys to participate in the . .

initial phases of the formation of THE KANSAS POWER POOL (KPP), a M~micipal

Energy Agency; and

WHEREAS, The Kansas Power Pool ("KPP"), A Municipal Ene!gy Agency has

been formed under the provisions of K.S.A. 12-2901 et seq., as a Quasi-Municipal

Corporation for the purpose of sharing power; pooling resources; acquiring transmission

rights and needed capacity for the Kansas municipalities of Augusta; Burlington,

Chanute, Clay Center, Neodesha, Wellington and Winfield;. and

WHEREAS, the Governing Body of the City of St. Marys , pursuant to K.S.A.

12-8,108, desires to become a member of The Kansas.Power Pool ("KPP"), A Municipai

Energy Agency, with all the rights, powers and responsibilities set forth in the Agreement

Creating The Kansas Power Pool ("KPP"), A Municipal Energy Agency.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF

THE CITY OF ST. MARYS , KANSAS:

SECTION 1.

By the authority of K.S.A. 12-8, 108 of the Kansas Statutes and pursuant to the

official policy and authority of the Governing Body of the City of St. Marys , relating

()

0

thereto, the City of St. Marys acknowledges its desire to become a member of The

Kansas Power Pool ("KPP"), A Municipal Energy Agency, and requests that the Boatd of

Directors of The Kansas Power Pool (KPP"), A Municipal Energy Agency, approve the

city as a member of said Municipal Energy Agency, with all the rights, powers, duties

and responsibilities thereof.

SECTION2.

A copy of this ordinance, duly certified, shall be provided to The Kansas Power

Pool ("KPP"), A Municipal Energy Agency.

SECTION 3. ·

This ordinance shaH take effect upon its publication Jn .the official city newspaper.

Passed and adopted by the Governing Body of THE CITY OF ST. MARYS ,

KANSAS, this~ day of December , 2006.

ATTEST:

ORDINANCE NO. 1187

AN ORDINANCE TO AMEND CHAPTER XIV PUBLIC PROPERTY, ARTICLE 3. BEAUTIFICATION BOARD, SECTIONS 14-312, 14-315 AND 14-318 OF THE CODE OF THE CITY OF ST. MARYS, KANSAS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS:

Section 1. That Section 14-312 of the Code of The City of St. Marys, Kansas is

hereby amended to read as follows: 14-312. PUBLIC TREE CARE. The City shall have the right to plant,

prune, maintain and remove trees, plants and shrubs within the rights of way of the City, including all streets, alleys, avenues, lanes, and squares, and within any City easement, public ground or other City property, as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds.

This Section does not prohibit the planting of Street Trees by adjacent property owners providing that the selection and location of said trees is in accordance with Sections 14-307 through 14-311 of this ordinance. (ORD 871; ORD 893; ORD1138/050603)


hereby amended to read as follows: 14-315. TREE REMOVAL ON PRIVATE PROPERTY. The City

shall have the right to cause the removal of any dead or diseased trees on private property within the city when such trees constitute a hazard to life or property, a hazard to utility lines or other public improvements, or harbor insects or disease which constitutes a potential threat to other trees within the city. The City Manager shall notify the owners of such tree, by written notice, of the conditions which constitute a danger to life or property, a hazard to utility lines or other public improvements, and/or are a threat to other trees in the City, and shall direct that the condition be abated. The owner shall have seven working days with which to initiate action to correct the conditions specified in the letter or to request, in writing, a hearing with the City Manager to demonstrate that the City Manager’s written notice did not accurately reflect the situation. The hearing shall take place within three working days of receipt by the City Manager of the owner’s letter requesting the hearing. If the hearing does not settle the matter to the satisfaction of the City and the tree owner, the owner has the option of taking legal action to settle the matter. If the owner contesting the City’s action does not file a District Court action or initiate action to

abate the situation within seven working days of the hearing, the City shall have the authority to remove such trees and charge the cost of removal on the owner’s property tax notice.


hereby amended to read as follows: 14-318. ARBORISTS LIABILITY INSURANCE. Any person or

firm that is engaged by the City to prune, treat, or remove street or park trees within the City shall file with the City evidence of possession of liability insurance in the minimum amounts of $100,000 for bodily injury and $50,000 for property damage to indemnify the City or any person injured or damaged resulting from the pursuit of such endeavors as herein described. The provisions of this section do not apply to City employees pruning, treating, or removing street or park trees in conjunction with their assigned duties

Section 4. This ordinance will be published once in the official city newspaper and upon publication will be in full force and effect. PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS this 19th day of December, 2006.


_____________________________ ROBERT AWERKAMP, MAYOR

ATTEST: ________________________________ TORY JOST, CITY CLERK

ORDINANCE NO. 1188

AN ORDINANCE TO AMEND CHAPTER XIV PUBLIC PROPERTY, ARTICLE 2. RENTAL/USER FEES ESTABLISHED, SECTION 14-202 OF THE CODE OF THE CITY OF ST. MARYS, KANSAS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS:

1. That Section 14-202 of the Code of The City of St. Marys, Kansas hereby reads as follows: 14-202. GOLF COURSE RATES. Rates for the golf course are on a daily basis or

by a season pass, and tournaments for groups. Other fees also assessed are for cart path, cart shed, trail fees, and cart rental fees. Season passes, cart path and cart shed fees are assessed annually, based on date of purchase. A season pass for single and family rates and cart shed participants may be paid in full or on a 3-month payment plan with 1/3 down, 1/3 due thirty (30) days after the first payment and 1/3 due sixty (60) days after the first payment. If a pass holder (member) fails to pay within said time, the member will be required to pay regular fees to continue to play, until the season pass has been paid in full. Pass fees purchased after August 1st must be paid in full at the time of purchase. Pass holders with a cart in the cart shed must make a season pass payment by the 1st day of March. If a pass holder (with a cart in the cart shed), fails to make the March 1st payment, the City Manager may remove the pass holder’s cart from the shed after notice is given to the pass holder. The Club House Manager determines prices for merchandise and concessions. Prices for merchandise, concessions and cart rental fees are subject to sales tax.

SEASON PASS:

Family with full time students (to age 22) 440.00 Single 330.00

Student (enrolled full time in college, or vo-tech, 150.00 twelve hours minimum, to age 22)

Junior (high school and younger) 150.00 GREENS FEES: 9 HOLES Weekdays / Mon. – Fri. 8.00 Weekends / Holidays 10.00 18 HOLES Weekdays / Mon. – Fri. 12.00 Weekends / Holidays 16.00

Weekdays (all day) 18.00

Seniors (age 62 and above / all day) 9.00 Junior (age 18 and under / weekdays) 9.00

Twilight nine (9) holes:

Weekdays 7.00 Weekends 9.00

TOURNAMENTS:

Fees on a per event basis, prearranged with Club House Manager.

TRAIL FEES: Non season pass holders 60.00 Daily trail fees 6.00

CART PATH: 35.00

CART SHED:

Gas cart 100.00 Electric cart 120.00

CART RENTAL FEES: Nine (9) holes 9.56 Eighteen (18) holes 17.25

CORPORATE CARDS: 400.00 PLAY CARDS: (eight punch play card - for a non-pass holder)

Adult 80.00

Cart Rental Rules: 1.) The driver of a cart must be at least 16 years old and possess a valid drivers license. 2.) Only two (2) individuals (of any age) per cart. A small child may not ride with two adults. 3.) Carts must be turned in one-half hour before sunset. Clubhouse personnel will determine this time.

2. This ordinance will be published once in the official city newspaper and upon publication will be in full force and effect. PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS this 19th day of December, 2006.




ORDINANCE NO. 1189

AN ORDINANCE AMENDING CHAPTER 17, “UTILITIES” OF THE CODE OF THE CITY OF ST. MARYS, KANSAS BY REPEALING SECTIONS 17-119, 17-120, 17-121, 17-122, 17-123, 17-325, 17-329 AND 17-408; AMENDING THE TITLE OF ARTICLE 2; AND ADDING NEW ARTICLE 7; ALL RELATING TO UTILITY BILLING AND DELINQUENCIES IN THE CITY OF ST. MARYS, KANSAS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS: Section 1. That the title of Article 2, Chapter 17 of the Code of the City of St. Marys, Kansas is hereby amended to read as follows: ARTICLE 2. WATER AND ELECTRIC RATES Section 2. That new Article 7 shall be added to Chapter 17 of the Code of the City of St. Marys, Kansas and shall be read as follows: ARTICLE 7. UTILITY BILLING AND DELINQUENCIES

Sec. 17-701. UTILITY BILLS/DELINQUENCIES.

(a) All utility bills will be rendered monthly for water, electricity, sewer, and refuse service and collected as one bill. Bills shall be paid on or before the due date listed on the bill. A penalty of ten percent (10%) of the amount due will be added to each bill not paid by the date due.

(b) If any person, except the United States or the state of Kansas, fails to pay the fees or charges for such utility services(s), the City may terminate water, electric, or other utility service in accordance with this Article. Delinquent accounts will be given notice first by mail, and then followed by personal service (door hanger). A service charge will be assessed to an account served by personal service (door hanger). Before service will be restored to a delinquent account that has been shut off, the customer will be required to pay the delinquent amount owed, other penalty and reconnection charges, and a security deposit.

(c) If at the time of application for utility service the applicant has an outstanding balance or unpaid fees or charges for utility services provided by the city, the application shall not be accepted until all fees or charges are paid in full.

(d) A customer will have the right to inquire about any monthly billing charges assessed. The customer can request a meter to be reread if he/she questions the accuracy of the meter readings (usage). If the reading is found to be correct, the customer will be assessed a service charge. No charge will be assessed if the reading is incorrect and a new billing will be prepared.

(e) The city will include on the utility billing all other charges/fees incurred by any individual or business for services/materials provided and not paid for upon receipt of same. The following includes, but is not limited to, possible miscellaneous charges: utility connection fees, returned checks, equipment rental, customer deposits, street repair, alley work, recreation fees, or any other type of labor/material/supplies purchased from the city. Separate statements for other services (without utilities) such as contracts/leases for Fire District Protection will be generated monthly along with the regular utility billing.

(f) Customers will be responsible for furnishing the City Clerk their correct address for billing purposes. (ORD955/051590, ORD1115/041701)

Sec. 17-702. PARTIAL SERVICE.

Bills will be rendered monthly as provided in section 17-701, however, during the billing cycle all utility accounts will be prorated for partial service during the month. (ORD774, Sec 6; 801, Sec 9; ORD1115/041701)

Sec. 17-703. NOTICE; HEARING

A delinquency and termination notice shall be issued by the city clerk within five days after the delinquency occurs and mailed to the customer at his or her last known address, with a copy mailed to the occupant of the premises, if the occupant and the customer are not the same person. The notice shall state: (a) The amount due, plus penalty; (b) Notice that service will be terminated if the amount due is not paid within 10 days

from the date of notice; (c) Notice that the customer has the right to a hearing before the city manager, city clerk,

and utility superintendent or other hearing officer of similar management grade to be designated by the city manager. If the customer of record is not the occupant, a similar notice shall be sent to the occupant where service is provided;

(d) Notice that the request for a hearing must be in writing and filed with the city clerk no later than three working days prior to the date for termination of service.

Upon receipt of a request for hearing, the city clerk shall advise the customer of the date, time and place of the hearing which shall be held within three working days following receipt of the request. (ORD774, Sec 8; ORD788, Sec 29)

Sec. 17-704. HEARING; FINDING

Following the hearing, if the hearing officer shall find that service should not be terminated, then notice of such finding shall be presented to the utility superintendent. If the officer finds that service should be terminated, an order shall be issued terminating service five days after the date of the order. The customer shall be notified either in person or by mailing a letter to his or her last known address by certified mail, return

receipt requested. However, if the order is made at the hearing in the presence of the customer, then no further notice need be given. The city manager has a right, for good cause, to grant an extension, not to exceed 10 days, for the termination of such service. (ORD 774, Sec 8; Code 1983).

Sec. 17-705. SAME; LIENS; COLLECTION.

(a) In the event that any person, except the United States or the state of Kansas, residing,

occupying, using or operating on property to which utility service(s) furnished by the city is not paid, the unpaid fees or charges shall constitute a lien upon the property to which the utilities are furnished. The amount of the unpaid fees or charges shall be certified by the governing body to the county clerk of the county in which the property is located, to be placed upon the tax roll for collection, subject to the same penalties and collected in the same manner as other taxes are collected by law. The city may refuse the delivery of such utility service(s) as otherwise permitted by law until such time as such charges are fully paid. (Code 1983).

(b) The lien, described in subsection (a), shall not attach to property for unpaid utility fees or charges when the utility service(s) have been contracted for by a tenant and not by the landlord or owner of the property to which such service is provided.

(c) The city may pursue other collection methods for delinquent utility accounts as permitted by law.

Section 3. That Sections 17-119, 17-120, 17-121, 17-122, 17-123, 17-325, 17-329, and 17-408 of the Code of the City of St. Marys, Kansas are hereby repealed. Section 4. This ordinance shall take effect upon publication in the official city newspaper. PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS, this 19TH day of December, 2006.



ATTEST: ___________________________________ TORY JOST, CITY CLERK

ORDINANCE NO. 1190

AN ORDINANCE TO AMEND CHAPTER I ADMINISTRATION, ARTICLE 1. GENERAL PROVISIONS, SECTION 1-113 OF THE CODE OF THE CITY OF ST. MARYS, KANSAS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS:

1. That Section 1-113 of the Code of The City of St. Marys, Kansas hereby reads as follows:

1-113. MEETINGS. Regular meetings of the board of commissioners shall be held on the first and third Tuesday of each month at 7:00 p.m. A majority of the members-elect of the commission shall constitute a quorum to conduct business. (K.S.A. 12-1020; 15-1409; ORD 771, Sec. 1)

2. This ordinance will be published once in the official city newspaper and upon

publication will be in full force and effect. PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS this 19th day of December, 2006.




ORDINANCE NO. 1191 AN ORDINANCE AMENDING SECTION 14-201 OF CHAPTER 14, ARTICLE 2 OF THE CODE OF THE CITY OF ST. MARYS, KANSAS; RELATING TO THE RENTAL/USER FEES ESTABLISHED FOR THE MUNICIPAL SWIMMING POOL. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS: Section 1. That Section 14-201 of the Code of the City of St. Marys, Kansas is hereby amended to read as follows:

Sec. 14-201. SWIMMING POOL RATES The rates for the use of the municipal swimming pool shall be as follows:

SEASON PASS:

Family $85.00 Adult (ages 18 and over) 45.00 Student (ages 17 and under) 35.00

DAILY PASS: Adult (age 18 and over) $2.25 Student (ages 7 to 17) 1.75 Child (ages 1 to 6) 1.00

Infant (under age 1) FREE Water Exercise 2.25

GROUP PARTIES (start before Noon): Minimum fee (up to 20 guests) $25.00 Additional fee per person (groups of 20 or more) 1.25

GROUP PARTIES (start after Noon): Minimum fee (up to 20 guests) $40.00

Additional fee per person (groups of 20 or more) 1.25 LESSONS (per lesson session):

Group Lessons City resident $30.00

Non-resident 35.00 Mini-Clinics Price determined by City Manager

Private Lessons Individual $60.00 ($10 to City; $50 to Instructor)

Group First Family Member 60.00 ($10 to City; $50 to Instructor) Per Additional Family 30.00 ($5 to City; $25 to Instructor)

Member

Section 2. This ordinance shall take effect upon publication in the official city newspaper. PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS, this 16th day of January, 2007.




CERTIFICATE

I hereby certify that the foregoing is a true and correct copy of the original ordinance;

that said ordinance was passed on the 16th day of January, 2007; that the record of its passage is

found on page _____ of Journal P of the records of the City of St. Marys; that it was published in

the St. Marys Star on the 24th day of January, 2007.

_____________________________

Tory Jost, City Clerk (SEAL)

ORDINANCE NO. 1192

AN ORDINANCE AMENDING CHAPTER 1, ARTICLE 1, SECTION 1-204 OF THE CODE OF THE CITY OF ST. MARYS, KANSAS; RELATING TO THE APPOINTMENT OF A REPLACEMENT COMMISSIONER IN THE EVENT OF A VACANCY ON THE GOVERNING BODY. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS: Section 1. That Section 1-204 of the Code of the City of St. Marys, Kansas is hereby amended to read as follows:

Sec. 1-204. SAME; VACANCY.

In case of any vacancy for any cause in the office of mayor or any commissioner, the remaining members of the governing body, within 30 days after the date of vacancy, shall by majority vote elect some suitable person to fill the vacancy for the balance of the unexpired term of such office. If the remaining members cannot agree upon some such suitable person, then they shall call in the city attorney, who shall cast the decisive vote for such appointment. In case of the temporary absence or disability of the chairperson, the vice chairperson of the governing body shall act as mayor. (K.S.A. 15-1405; RO. 1924, Sec. 26). (Charter Ordinance No.9)

Section 2. This ordinance shall take effect sixty-one (61) days after publication. PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS, this 16th day of January, 2007.




ORDINANCE NO. 1193 AN ORDINANCE AMENDING SECTION 4-602 OF CHAPTER 4, “BUILDINGS AND CONSTRUCTION”, ARTICLE 6 OF THE CODE OF THE CITY OF ST. MARYS, KANSAS; RELATING TO THE PLACING OF STREET NUMBERS WITHIN THE CITY OF ST. MARYS, KANSAS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS: Section 1. That Section 4-602 of the Code of the City of St. Marys, Kansas is hereby amended to read as follows: 4-602 PLACING OF STREET NUMBERS. It is the responsibility of the property owner to place street numbers on buildings, apartments, and suites so that emergency response personnel can see the numbers from the street and identify the building, apartment, or suite to which they are responding. To meet this requirement, three-inch high numbers must be placed within 100 feet of the curb in a location that can be seen from the street and is directly associated with particular buildings, apartments, or suites. (ORD 981/052191) Section 2. This ordinance shall take effect upon publication in the official city newspaper. PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS, this 6th day of February, 2007. CITY OF ST. MARYS, KANSAS _______________________________ ROBERT W. AWERKAMP, MAYOR ATTEST: _________________________ TORY JOST, CITY CLERK

ORDINANCE NO. 1194 AN ORDINANCE VACATING A PORTION OF A UTILITY EASEMENT, PURSUANT TO K.S.A. 12-504, WITHIN THE CITY OF ST. MARYS, KANSAS. WHEREAS, Ed Lester, owner of 211 E. Bertrand, being described as the West 101 feet of the North 200 feet of Block 1, Second Addition, in the City of St. Marys, Pottawatomie County, Kansas, has filed a petition with the City, pursuant to K.S.A. 12-504, requesting the partial vacation of a utility easement; and, WHEREAS, notice of a hearing on said petition has been duly published, pursuant to K.S.A. 12-504; and, WHEREAS, the governing body of the City of St. Marys has conducted a public hearing on said petition, at the date and time set forth in the notice; and, WHEREAS, following the public hearing, the governing body of the City of St. Marys has determined that no private rights will be injured or endangered by such vacation, and that the public will suffer no loss or inconvenience thereby, and that in justice to the petitioner the request of the petitioner ought to be granted. NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS.

SECTION 1. That the Governing Body, at the request of Ed Lester, owner of the West 101

feet of the North 200 feet of Block 1, in the Second Addition to the City of St. Marys, Pottawatomie County, Kansas, now requests that the portion of the utility easement along the rear of such parcel, as described below, is hereby vacated, pursuant to K.S.A. 12-504:

Vacating the northern 10 feet of a permanent and perpetual 20 foot wide

utility easement, located at the West 101 feet of the North 200 feet of Block 1, in the Second Addition in the City of St. Marys, Pottawatomie County, Kansas, more particularly described as follows:

Commencing at the southeasterly corner of said tract go northerly along the easterly line 10 feet to the point of beginning: thence Northerly along the easterly line 10 feet; thence westerly parallel to the southerly line of said tract to the West property line; thence southerly along the west line of said tract 10 feet; thence Easterly parallel to the southerly line to the point of beginning.

SECTION 2. That this Ordinance shall take effect and be in force after publication in the St. Marys newspaper.

SECTION 3. This Ordinance shall be filed with the Pottawatomie County Register of Deeds

Office.

PASSED AND APPROVED BY THE GOVERNING BODY THIS 19TH DAY OF JUNE 2007. (SEAL) ATTEST: _________________________ __________________________________ MARIS K. FLERLAGE, GERARD KLEINSMITH, MAYOR

ACTING CITY CLERK

ORDINANCE NO. 1195 AN ORDINANCE VACATING A PORTION OF A UTILITY EASEMENT, PURSUANT TO K.S.A. 12-504, WITHIN THE CITY OF ST. MARYS, KANSAS. WHEREAS, Thomas Goldade, owner of 812 N. 2nd Street, described as Lot 1, Valleyview Vista Addition, Unit 1, in the City of St. Marys, Pottawatomie County, Kansas, has filed a petition with the City, pursuant to K.S.A. 12-504, requesting the partial vacation of a utility easement; and, WHEREAS, notice of a hearing on said petition has been duly published, pursuant to K.S.A. 12-504; and, WHEREAS, the governing body of the City of St. Marys has conducted a public hearing on said petition, at the date and time set forth in the notice; and, WHEREAS, following the public hearing, the governing body of the City of St. Marys has determined that no private rights will be injured or endangered by such vacation, and that the public will suffer no loss or inconvenience thereby, and that in justice to the petitioner the request of the petitioner ought to be granted. NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS.

SECTION 1. That the Governing Body, at the request of Thomas Goldade, owner of Lot 1,

Valleyview Vista Addition, Unit 1, in the City of St. Marys, Pottawatomie County, Kansas, now requests that the portion of the utility easement along the northern boundary of such parcel, as described below, is hereby vacated, pursuant to K.S.A. 12-504:

Vacating the southern 5 feet of a permanent and perpetual 10 foot wide utility

easement, located on the northern boundary of Lot 1, Valleyview Vista Addition, Unit 1, in the City of St. Marys, Pottawatomie County, Kansas, more particularly described as follows:

Commencing at the Northeast corner of said Lot 1 go South 5 feet along the east line to the point of beginning; thence go west 115 feet parallel to the north line of said lot; thence south 5 feet; thence East 115 feet to the east line of said lot; thence North 5 feet to the point of beginning.

SECTION 2. That this Ordinance shall take effect and be in force after publication in the St. Marys newspaper.

SECTION 3. This Ordinance shall be filed with the Pottawatomie County Register of Deeds

Office.

PASSED AND APPROVED BY THE GOVERNING BODY THIS 19TH DAY OF JUNE 2007. (SEAL) ATTEST: _________________________ __________________________________ MARIS K. FLERLAGE, GERARD KLEINSMITH, MAYOR ACTING CITY CLERK

ORDINANCE NO. 1196

AN ORDINANCE REZONING ONE TRACT OF LAND FROM R-1, SINGLE-FAMILY RESIDENTIAL DISTRICT AND R-2, TWO-FAMILY RESIDENTIAL DISTRICT, TO R-1, SINGLE-FAMILY RESIDENTIAL DISTRICT, IN THE CITY OF ST. MARYS, POTTAWATOMIE COUNTY, KANSAS, AND ALTERING THE ZONING MAP ACCORDINGLY. WHEREAS, the Planning Commission of the City of St. Marys, Kansas, at a meeting held on March 5, 2007, recommended the rezoning of a certain tract of land, hereinafter described, from R-1, Single-Family Residential District and R-2, Two-Family Residential District to R-1, Single-Family Residential District, in the City of St. Marys, Kansas, to eliminate a zoning inconsistency; and WHEREAS, the Governing Body of the City of St. Marys, Kansas, has considered this ordinance at two meetings. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS: SECTION 1. That the following described property is hereby rezoned: FROM: Tract 1: R-1, Single-Family Residential District R-2, Two-Family Residential District TO: Tract 1: R-1, Single-Family Residential District LEGAL DESCRIPTION: Generally located at 311 W. Alma, in St. Marys, Kansas.

More specifically: see Exhibit A attached. SECTION 2. The Official Zoning District Map for the City of St. Marys, Kansas, is hereby amended accordingly. SECTION 3. This ordinance shall take effect and be in force from and after its passage and publication in the official city newspaper. PASSED BY THE GOVERNING BODY THIS 5TH DAY OF JUNE, 2007. (SEAL) ATTEST: _________________________ __________________________________ MARIS K. FLERLAGE GERARD KLEINSMITH, MAYOR ACTING CITY CLERK

Exhibit A Rezone

311 W. Alma Legal Description

Tract No. 1 (Rezone R-1 and R-2 to R-1) A tract of land at Lot 10 and 11 and W 35’ of Lot 12, St.Marys Original, City of St. Marys, Pottawatomie County, Kansas, described as follows: The East One-half of Lot 10, Lot 11 and the West 35 feet of Lot 12, in Block 3 of the Original town of St. Marys, Kansas, and the East one-half of Lot 10, Lot 11, and the West 35 feet of Lot 12, in Block 3 of the First Addition to St. Marys, Kansas AND A tract of land in Lot 11 and Lot 12, Block 3, in Simecka Subdivision to the City of St. Marys, Kansas, described as follows: Beginning at a point on the Northeasterly line of Lot 11, Block 3, in the Original Townsite of St. Marys, and the Southwesterly line of an alley, also being the most Northern corner of Lot 11, Block 3, Simecka Subdivision that is South 64°32’52’’ East 31.09 feet from the most Northern corner of said Lot 11, Block 3 in the Original Townsite; thence South 64°32’52’’ East 53.91 feet along the Southwesterly line of said alley and the Northeasterly line of Lot 11 and Lot 12, Block 3, Simecka Subdivision; thence South 25°45’33” West 32.21 feet to the South line of Lot 12, Block 3, Simecka Subdivision and the North line of Lot 12, Block 3, Original Townsite; thence South 89° 30’45” West 35.37 feet along the South line of Lot 12, Block 3, Simecka Subdivision and the North line of Lot 12, Block 3, Original Townsite; thence North 0°45’55” East 52.48 feet along the West line of Lot 11 and Lot 1, Block 3, Simecka subdivision and the East line of Lot 11 and Lot 12, Block 3, Original Townsite to the point of beginning, all in Pottawatomie County, Kansas.

ORDINANCE NO. 1197 AN ORDINANCE AUTHORIZING SUNDAY SALES OF ALCOHOLIC LIQUOR AND CEREAL MALT BEVERAGES IN THE ORIGINAL PACKAGE WITHIN THE CITY OF ST. MARYS, KANSAS, BY AMENDING SECTIONS 3-107 AND 3-108, AND ADDING NEW SECTION 3-209. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS: Section 1. Pursuant to K.S.A. 41-2911, the sale at retail of cereal malt beverage in the original package is allowed within the City of St. Marys, Kansas, on any Sunday, except Easter, between the hours of noon and 8 p.m. Section 2. Pursuant to K.S.A. 41-2911, the sale at retail of alcoholic liquor in the original package is allowed within the City of St. Marys, Kansas, on any Sunday, except Easter, between the hours of noon and 8 p.m., and the sale at retail of alcoholic liquor is allowed on Memorial Day, Independence Day, and Labor Day. Section 3. That Section 3-107 of the Code of the City of St. Marys, Kansas is hereby amended to read as follows: 3-107. RULES AND REGULATIONS. The following rules and regulations concerning the selling of cereal malt beverages at retail shall be observed: (a) In addition to and consistent with the requirements of this act, the board of county commissioners of any county or the governing body of any city may prescribe hours of closing, standards of conduct and rules and regulations concerning the moral, sanitary and health conditions of places licensed pursuant to this act and may establish zones within which no such place may be located. (b) Except as provided by Subsection (g), no cereal malt beverages may be sold, dispensed or consumed on licensed premises between the hours of 12:00 midnight and 6:00 a.m. All people and customers with the exception of the licensee, operator, manager and employees in the establishment at closing must be out of the premises no later than 30 minutes after closing time. (ORD968/090490) (c) Except as provided by Subsection (g), no cereal malt beverages may be sold, dispensed, or consumed on licensed premises on Sunday, except between the hours of noon and 8:00 p.m., and no cereal malt beverage may be sold, dispensed, or consumed on licensed premises on Easter Sunday at any time. (c) No private rooms or closed booths shall be operated in a place of business, but this provision shall not apply if the licensed premises are also currently licensed as a club under a license issued by a director. (d) Each place of business shall be open to the public and to law enforcement officers at all times during business hours, except that a premises licensed as a club under a license issued by the director shall be open to law enforcement officers and not to the public.

(e) No licensee shall permit a person under the legal age for consumption of cereal malt beverage to consume, or purchase any cereal malt beverage in or about a place of business, and no licensee shall permit a person under the legal age for consumption of cereal malt beverage to possess cereal malt beverage in or about a place of business, except that a licensee’s employee who is not less than 18 years of age may dispense, or sell, cereal malt beverage, if: (1) The licensee’s place of business is licensed only to sell cereal malt beverage at retail in original and unopened containers and not for consumption on the premises; or (2) The licensee’s place of business is a licensed food service establishment, as defined by K.S.A. 36-501 and amendments thereto, and not less than 50% of the gross receipts from the licensee’s place of business is derived from the sale of food for consumption on the premises of the licensed place of business. (f) No person shall have any alcoholic liquor in such person’s possession while in a place of business, unless the premises are currently licensed as a club by the director. (g) Cereal malt beverages may be sold on premises which are both licensed pursuant to the acts contained in Article 27 of Chapter 41 of the Kansas Statutes Annotated and licensed as a club by the director at any time when alcoholic liquor is allowed by law to be served on the premises. (h) No licensee shall permit any dancing in his place of business. (ORD 858; ORD 1035/81694). Section 4. That Section 3-108 of the Code of the City of St. Marys, Kansas is hereby amended to read as follows: 3-108. SAME; PREMISES CLOSED. Every place of business licensed to sell cereal malt beverages shall close and be vacated of all customers not later than twelve midnight and shall remain so closed and vacated until six o’clock a.m. (ORD 798, Sec. 6). Section 5. That new Section 3-209 of the Code of the City of St. Marys, Kansas is hereby added and shall read as follows: 3-209. HOURS OF SALE. No person shall sell at retail any alcoholic liquor:

(a) On Sunday, except between the hours of noon and 8:00 p.m.; (b) On Easter Sunday, Thanksgiving Day or Christmas Day at any time; (c) Before 9:00 a.m. and after 11:00 p.m. on any day when the sale thereof is

permitted, except such times of sale shall be restricted as set forth in subsections (a) and (b).

Section 6. This ordinance shall be published once each week for two consecutive weeks in the official city newspaper. Section 7. This ordinance shall take effect 61 days after final publication, unless a sufficient petition for a referendum is filed, requiring a referendum to be held on the

ordinance as provided in K.S.A. 41-2911, in which case the ordinance shall become effective upon approval by a majority of the electors voting thereon. PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS, this 5th day of June, 2007.


______________________________ GERARD KLEINSMITH, MAYOR

ATTEST: ___________________________________ MARIS K. FLERLAGE, ACTING CITY CLERK

ORDINANCE NO. 1198

AN ORDINANCE AMENDING SECTIONS 11-301 AND 11-302 OF THE CODE OF THE CITY OF ST. MARYS, KANSAS, CONCERNING COURT COSTS IN MUNICIPAL COURT, AND PROVIDING ALTERNATIVES THEREFOR. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS: Section 1. That Section 11-301 of the Code of the City of St. Marys, Kansas shall be amended to read as follows:

Sec. 11-301. ESTABLISHED COURT COSTS. The City of St. Marys, Kansas, a city of the third class, and pursuant to provisions authorized under Charter Ordinance No. 10 of the City of St. Marys, Kansas, does hereby establish court costs in the Municipal Court of the City of St. Marys, Kansas. (ORD 940/022090).

Section 2. That Section 11-302 of the Code of the City of St. Marys, Kansas shall be amended to read as follows:

Sec. 11-302. COURT COSTS. Whenever a defendant, in a case before the Municipal Court of the City of St. Marys, Kansas, is convicted of a violation of a municipal ordinance, or ordinances, or enters into a Diversion Agreement concerning a violation thereof, said defendant shall be assessed court costs in the following amounts, to-wit: (a) For Class A, B, or C violations, as designated by the Code of the City of St. Marys,

Kansas, or by the ordinance establishing such violation, the sum of one-hundred-twenty-five dollars ($125.50) in addition to any assessments established by any agency of the State of Kansas required to be imposed on the violation.

(b) For all other violations, including traffic infractions or other misdemeanors not designated as Class A, B, or C violations, the sum of forty dollars ($40.50) in addition to any assessments established by any agency for the State of Kansas required to be imposed on the violation.

When a single case involves a Class A, B, or C violation, as well as other violations, the court costs for Class A, B, or C violation shall apply. Said sum shall be in addition to any fine that is imposed by the court for said violation. (ORD 1086/040798; ORD 1123/082801).

Section 3. This ordinance shall be published once each week for two (2) consecutive weeks in the official city newspaper. Section 4. This ordinance shall take effect sixty-one (61) days after the final publication of Charter Ordinance No. 10.

PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS, this 5th day of September, 2007.


_________________________________ GERARD KLEINSMITH, MAYOR


ORDINANCE NO 1199

AN ORDINANCE AMENDING CHAPTER 17, ARTICLES 322 AND 323, AS SET OUT HEREAFTER, OF THE CODES OF THE CITY OF ST. MARYS, KANSAS BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, POTTAWATOMIE COUNTY, KANSAS: Section 1. Section 322 shall be deleted in its entirety, and in its place shall be substituted the following, as the amendment:

SERVICE CHARGES. The following monthly use charges are hereby established for all users within the city. (a) For all individual domestic and/or industrial users, $35.50 minimum for the first 2,000 gallons of water usage and $2.50 per each additional 1,000 gallons. (b) For multi-domestic and/or industrial users where serviced by a single water meter, $35.50 minimum shall be charged per single unit or user. The owner or person furnishing water shall not be charged the per unit minimum, but shall be credited 2,000 gallons per unit and, the excess gallons charged at $2.50 per 1,000 gallons.

Section 2. Section 323 shall be deleted in its entirety, and in its place shall be substituted the following, as the amendment:

SAME; OUTSIDE CITY. For users outside the city, monthly use charges are: (a) For all individual domestic and/or industrial users, $38.50 minimum for the first 2,000 gallons of water usage; $3.40 for each additional 1,000 gallons. (b) For all multi-domestic and/or industrial users where serviced by a single water meter, $38.50 minimum shall be charged per single unit. The owner or person furnishing water shall not be charged the per unit minimum, but shall be credited 2,000 gallons per unit and, the excess gallons charged at $3.40 per 1,000 gallons.

Section 3. This ordinance shall be considered amendatory and supplemental to the ordinance now in place, and shall not be construed to repeal or replace any other provision of said ordinance except those specifically identified herein. Section 4. This ordinance shall take effect and be in force after its publication in the official city newspaper concurrent with the October billing date. PASSED AND ADOPTED THIS 7TH DAY OF AUGUST 2007, BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS. ________________________________ GERARD KLEINSMITH, Mayor ATTEST: ________________________________ TORY JOST, City Clerk

ORDINANCE NO. 1200 AN ORDINANCE REGULATING TRAFFIC WITHIN THE CORPORATE LIMITS OF THE CITY OF ST. MARYS, KANSAS; INCORPORATING BY REFERENCE THE “STANDARD TRAFFIC ORDINANCE FOR KANSAS CITES,” EDITION 2007, PROVIDING CERTAIN PENALTIES AND REPEALING ORDINANCE NO. 1184 AND ALL OTHER ORDINANCES IN CONFLICT HEREWITH Be it Ordained by the Governing Body of the City of St. Marys, Kansas: Section 1. That section 16-101 to the Code of the City of St. Marys, Kansas, is hereby amended to read as follows: INCORPORATING STANDARD TRAFFIC ORDINANCE. There is hereby adopted and incorporated by reference a publication for the purpose of regulating traffic within the corporate limits of the city of St. Marys, Kansas, that is known as the “Standard Traffic Ordinance for Kansas Cities,” 2007 Edition, prepared and published by the League of Kansas Municipalities, Topeka, Kansas, except such articles, sections, parts or portions as are hereafter omitted, deleted, modified, or changed. Not less than three copies of said Standard Traffic ordinance shall be marked or stamped “Official Copy as adopted by Ordinance No.1200” and shall be filed with the city clerk to be open to inspection and available to the public at all reasonable hours. The police department, municipal judge and all administrative departments of the city charged with enforcement of this article shall be supplied, at the cost of the city, such number of official copies of such Standard Traffic ordinance, similarly marked, as may be deemed necessary. Section 2. Section 51 of the above identified “Standard Traffic Ordinance for Kansas Cities” 2007 Edition is hereby amended to read in its totality as follows:




GERARD KLEINSMITH MAYOR


ORDINANCE NO. 1202 AN ORDINANCE AMENDING CHAPTER 4, “BUILDING AND CONSTRUCTION” OF THE CODE OF THE CITY OF ST. MARYS, KANSAS BY REPEALING SECTIONS 4-204 AND 4-208 RELATING TO PERMITS FOR ELECTRICAL WORK IN THE CITY OF ST. MARYS, KANSAS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS: Section 1. That Sections 4-204 and 4-208 of the Code of the City of St. Marys, Kansas are hereby repealed. Section 2. This ordinance shall take effect upon publication in the official city newspaper. PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS this 16th day of October, 2007. CITY OF ST. MARYS, KANSAS _________________________

GERARD KLEINSMITH Mayor

ATTEST: _______________________ TORY A. JOST City Clerk

ORDINANCE NO. 1203 AN ORDINANCE TO AMEND CHAPTER ONE, ARTICLE 12, COMMERCIAL ZONING DISTRICTS, SECTION 12.100.4 OF THE UNIFIED DEVELOPMENT CODE OF THE CITY OF ST. MARYS, KANSAS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS: Section 1. Having conducted the prerequisite public hearing on Tuesday, October 16, 2007, Section 12.100.4.f of the Unified Development Code, to wit: “f) Buildings on corner lots shall provide a side yard on the street side of not less than 15 feet from the right of way.” Is hereby deleted and the lettering of the following four subsections revised to maintain the continuity of the lettering system. Section 2. This ordinance shall be published once in the official city newspaper and upon publication will be in full force and effect. PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS this 16th day of October, 2007. CITY OF ST. MARYS, KANSAS _________________________



ORDINANCE NO. 1204 AN ORDINANCE AMENDING CHAPTER 17, “UTILITIES,” OF THE CODE OF THE CITY OF ST. MARYS, KANSAS, BY AMENDING SECTION 17-406, ESTABLISHING A REFUSE FUND IN THE CITY OF ST. MARYS, KANSAS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS: Section 1. That Section 17-406 of the Code of the City of St. Marys, Kansas is hereby amended to read as follows:

Sec. 17-406. REVENUES. All revenue derived from the refuse service charges shall be deposited in the treasury and credited to a separate fund to be known as the Solid Waste Enterprise Fund. Such revenues shall be used exclusively for the administration,, betterments, depreciation, operation, maintenance, repair, replacement, extension, enlargement and obsolescence of the solid waste facilities and equipment, and may be used to pay the principal of and interest on any bonds issued on account of the refuse system, either general obligation or revenue bonds, or both, except bonds issued for any such project the cost of which is payable from special assessments. (ORD 788, Sec. 25)

Section 2. This ordinance shall take effect upon publication in the official city newspaper. PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS, this 6th day of November, 2007.


______________________________ GERARD KLEINSMITH

Mayor ATTEST: _______________________ TORY JOST City Clerk

ORDINANCE NO. 1205

AN ORDINANCE ADOPTING STANDARDS AND CONDITIONS FOR APPOINTMENT TO BOARDS AND COMMISSIONS OF THE CITY OF ST. MARYS, KANSAS TO BE ESTABLISHED AS CHAPTER 1, ARTICLE 10, SECTION 1-1001. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS: Section 1. There shall be created within Chapter 1, Article 10, Section 1001, captioned: Boards and Commissions Membership and Conditions of Service. Article 10, Section 1-1001: The City of St. Mary, Kansas, hereby adopts, by ordinance, the statutory provisions of K.S.A. 25-4302 as it pertains to termination of an individual serving on a board or commission because of certain conduct. The application of this ordinance shall be to all those who serve the City as an appointed member of a Board or Commission of the City of St. Marys.

1. The provisions for termination for cause shall be conviction of a felony during the term of office, misconduct in office, or failure to perform duties prescribed by law as applicable to the office. Misconduct in office means a violation of law by a member of a board or commission that impacts the person’s ability to perform the official duties of the office. A disagreement as to the positions, decisions, or votes of a commission or board member shall not be grounds for removal for cause.

2. All members of Boards and Commissions established by the City of St. Marys shall be subject to these standards and any conflict with a previous adopted standard this section shall apply.

3. This ordinance applies to the following Boards and Commissions: Board of Zoning Appeals, Planning Commission, Parks and Recreation Advisory Board, Golf Course Advisory Board, Citizens Advisory Committee, and Building Code Appeals Board.

4. The commission states its policy that all appointments of members on such boards and commissions serve at the pleasure of the City Commission and may be removed without cause by action of the City Commission.

Section 2. This ordinance shall take effect and be in force after its publication in the official city newspaper.

PASSED AND ADOPTED THIS 5th DAY OF FEBRUARY 2008, BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS. _________________________


ATTEST: _______________________ TORY JOST, City Clerk

No Ordinance yet.

ORDINANCE NO. 1207

AN ORDINANCE AMENDING CHAPTER 14, SECTION 105 OF THE CODE OF THE CITY OF ST. MARYS, POTTAWATOMIE COUNTY, KANSAS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS: Section 1. Amendment: That Section 14-105, of the Ordinances of the City of St. Marys, Kansas, is hereby amended to read as follows:

14.105 Park Hours.

It is hereby established that all parks of the City of St. Marys shall be open to the public between the hours of 6:00 a.m. and 11:00 p.m., inclusive. No person shall, without proper authority or permission, enter or be within the respective parks of the City during the hours of 11:00 p.m. and 6:00 a.m. inclusive. The parks that are currently covered are: Riverside Park, Railroad Park, and Flats Park (6th and Alma). Any subsequently added parks shall have the same times of operation and being open to the public.

Section 2. Effective Date: This ordinance shall take effect and be in force from and after its publication in the official city newspaper. PASSED AND ADOPTED THIS 5th DAY OF FEBRUARY 2008, BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS. _________________________



ORDINANCE NO. 1208 AN ORDINANCE TO AMEND CHAPTER 17, ARTICLE 1, WATER AND ELECTRIC, SECTION 17-110c OF THE CODE OF THE CITY OF ST. MARYS, KANSAS; BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS: Section 1. That Section 17-110c of the Code of the City of St. Marys, Kansas is hereby amended to read, “The city’s responsibility stops at the meter and any work necessary past the meter shall be the responsibility of the property owner.” Section 2. This ordinance shall take effect upon publication in the official city newspaper. PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS this 20th day of February, 2008. CITY OF ST. MARYS, KANSAS _________________________



(Published in the St. Marys Star on March 26, 2008)

ORDINANCE NO. 1209 AN ORDINANCE AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT BETWEEN ST. MARYS , KANSAS AND THE STATE OF KANSAS, ACTING BY AND THROUGH THE KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT FOR THE PURPOSE OF OBTAINING A LOAN FROM THE KANSAS PUBLIC WATER SUPPLY LOAN FUND FOR THE PURPOSE OF FINANCING A PUBLIC WATER SUPPLY PROJECT; ESTABLISHING A DEDICATED SOURCE OF REVENUE FOR REPAYMENT OF SUCH LOAN; AUTHORIZING AND APPROVING CERTAIN DOCUMENTS IN CONNECTION THEREWITH; AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION WITH THE LOAN AGREEMENT. WHEREAS, the Safe Drinking Water Act Amendments of 1996 [PL 104-182] to the Safe Drinking Water Act (the "Federal Act") established the Drinking Water Loan Fund to assist public water supply systems in financing the costs of infrastructure needed to achieve or maintain compliance with the Federal Act and to protect the public health and authorized the Environmental Protection Agency (the "EPA") to administer a revolving loan program operated by the individual states; and WHEREAS, to fund the state revolving fund program, the EPA will make annual capitalization grants to the states, on the condition that each state provide a state match for such state's revolving fund; and WHEREAS, by passage of the Kansas Public Water Supply Loan Act, K.S.A. 65-163d et seq., as amended (the "Loan Act"), the State of Kansas (the "State") has established the Kansas Public Water Supply Loan Fund (the "Revolving Fund") for purposes of the Federal Act; and WHEREAS, under the Loan Act, the Secretary of the Kansas Department of Health and Environment ("KDHE") is given the responsibility for administration and management of the Revolving Fund; and WHEREAS, the Kansas Development Finance Authority (the "Authority") and KDHE have entered into a Pledge Agreement (the "Pledge Agreement") pursuant to which KDHE agrees to enter into Loan Agreements with Municipalities for public water supply projects (the "Projects") and to pledge the Loan Repayments (as defined in the Pledge Agreement) received pursuant to such Loan Agreements to the Authority; and WHEREAS, the Authority is authorized under K.S.A. 74-8905(a) and the Loan Act to issue revenue bonds (the "Bonds") for the purpose of providing funds to implement the State's requirements under the Federal Act and to loan the same, together with available funds from the EPA capitalization grants, to Municipalities within the State for the payment of Project Costs (as said terms are defined in the Loan Act); and WHEREAS, St. Marys, Kansas (the "Municipality") is a municipality as said term is defined in the Loan Act which operates a water system (the "System"); and WHEREAS, the System is a Public Water Supply System, as said term is defined in the Loan Act; and

WHEREAS, the Municipality has, pursuant to the Loan Act, submitted an Application to KDHE to obtain a loan from the Revolving Fund to finance the costs of improvements to its System consisting of the following: [See Exhibit A of Loan Agreement] (the "Project"); and WHEREAS, the Municipality has taken all steps necessary and has complied with the provisions of the Loan Act and the provisions of K.A.R. 28-15-50 through 28-15-65 (the "Regulations") applicable thereto necessary to qualify for the loan; and WHEREAS, KDHE has informed the Municipality that it has been approved for a loan in amount not to exceed $655,034.00 (the "Loan") in order to finance the Project; and WHEREAS, the governing body of the Municipality hereby finds and determines that it is necessary and desirable to accept the Loan and to enter into a loan agreement and certain other documents relating thereto, and to take certain actions required in order to implement the Loan Agreement. THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF, KANSAS: Section 1. Authorization of Loan Agreement. The Municipality is hereby authorized to accept the Loan and to enter into a certain Loan Agreement, with an effective date of February 13, 2008, with the State of Kansas acting by and through the Kansas Department of Health and Environment (the "Loan Agreement") to finance the Project Costs (as defined in the Loan Agreement). The Mayor and Clerk are hereby authorized to execute the Loan Agreement in substantially the form presented to the governing body this date, with such changes or modifications thereto as may be approved by the Mayor and the Municipality’s legal counsel, the Mayor's execution of the Loan Agreement being conclusive evidence of such approval. Section 2. Establishment of Dedicated Source of Revenue for Repayment of Loan. Pursuant to the Loan Act, the Municipality hereby establishes a dedicated source of revenue for repayment of the Loan. In accordance therewith, the Municipality shall impose and collect such rates, fees and charges for the use and services furnished by or through the System, including all improvements and additions thereto hereafter constructed or acquired by the Municipality as will provide System Revenues (as defined in the Loan Agreement) sufficient to (a) pay the cost of the operation and maintenance of the System, (b) pay the principal of and interest on the Loan as and when the same become due, (c) pay all other amounts due at any time under the Loan Agreement, and (d) pay the principal of and interest on Additional Revenue Obligations (as defined in the Loan Agreement) as and when the same become due; provided, however, the pledge of the System Revenues contained herein and in the Loan Agreement (i) shall be subject to reasonable expenses of operation and maintenance of the System, and (ii) shall be junior and subordinate in all respects to the pledge of System Revenues to any Additional Revenue Obligations. In the event that the System Revenues are insufficient to meet the obligations under the Loan and the Loan Agreement, the Municipality shall levy ad valorem taxes without limitation as to rate or amount upon all the taxable tangible property, real or personal, within the territorial limits of the Municipality to produce the amounts necessary for the prompt payment of the obligations under the Loan and Loan Agreement. In accordance with the Loan Act, the obligations under the Loan and the Loan Agreement shall not be included within any limitation on the bonded indebtedness of the Municipality.

Section 3. Further Authority. The Mayor, Clerk and other City officials and legal counsel are hereby further authorized and directed to execute any and all documents and take such actions as they may deem necessary or advisable in order to carry out and perform the purposes of the Ordinance, and to make alterations, changes or additions in the foregoing agreements, statements, instruments and other documents herein approved, authorized and confirmed which they may approve, and the execution or taking of such action shall be conclusive evidence of such necessity or advisability. Section 4. Governing Law. The Ordinance and the Loan Agreement shall be governed exclusively by and construed in accordance with the applicable laws of the State of Kansas. Section 5. Effective Date. This Ordinance shall take effect and be in full force from and after its passage by the governing body of the City and publication in the official City newspaper. PASSED by the governing body of the City on March 18, 2008 and signed and APPROVED by the Mayor. (SEAL) ____________________________________________ Gerard Kleinsmith, Mayor ATTEST: ______________________________________ Tory A. Jost, City Clerk [APPROVED AS TO FORM ONLY. ______________________________________ Jim Morrison, City Attorney

ORDINANCE NO. 1210

AN ORDINANCE AMENDING THE DISTRICT ZONE CLASSIFICATION MAP REFERRED TO AND MADE A PART OF THE “OFFICIAL ZONING ORDINANCE OF THE CITY OF ST. MARYS, KANSAS, 2006” AS ADOPTED IN ITS ENTIRETY AND INCORPORATED BY REFERENCE IN SECTION 18-301 OF THE CODE OF THE CITY OF ST. MARYS, KANSAS. WHEREAS, the Planning Commission proposed that certain changes be made to the District Zone Classification map, and, WHEREAS, a notice of public hearing indicating said proposed changes was published in the “St. Marys Star” on April 2, 2008, as provided by law, and WHEREAS, the Planning commission on April 21, 2008, held a public hearing; and WHEREAS, the Planning Commission did vote to recommend that the Governing Body make certain changes as set out in the notice of hearing. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS as follows: SECTION 1. That the District Zone Classification map referred to in the “Official Zoning Ordinance of the City of St. Marys, Kansas, 2006” as stated in its entirety and incorporated by reference in Section 18-301 of the Code of the City of St. Marys, Kansas, is hereby amended as follows: The zone classification is hereby changed from AG, Agricultural District to RR, Rural Residential District, for the following described tracts of land in the Extraterritorial Zone of the City of St. Marys, Pottawatomie, Kansas:

Being a Subdivision of the NE ¼ of Section 3, T 10 S., R 12 E. of the 6th P.M.

Pottawatomie County, Kansas, further described as: A tract of land in the Northeast Fractional Quarter of Section 3, Township 10 South, Range 12 East of the Sixth Principal Meridian, Pottawatomie County, Kansas, described as follows: Commencing at the Northwest corner of said Northeast Fractional Quarter; Thence South 89°55’36” East (assumed bearing) along the North line of said Northeast Fractional Quarter 1898.63 feet to the POINT OF BEGINNING; Thence continuing South 89°55’36” East along the North line of said Northeast Fractional Quarter 732.30 feet to the Northeast corner of said Northeast Fractional Quarter, Thence South 1°19’23” West along the East line of said Northeast Fractional Quarter 1186.82 feet to the Northeast corner of Country Breeze Estates Subdivision, Thence South 89°56’58” West along the North line of said Country Breeze Estates Subdivision 741.64 feet, Thence North 1°46’20” East 1188.66 feet to the POINT OF BEGINNING. SECTION 2. This ordinance will be published once in the official city newspaper and upon publication will be in full force and effect.

PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS, this 17th day of June, 2008.

____________________________ GERARD KLEINSMITH, Mayor

ATTEST: ________________________ TORY JOST, City Clerk

ORDINANCE NO. 1211 AN ORDINANCE DELETING CHAPTER 14, ARTICLE 2, SECTION 14-207 – EQUIPMENT RENTAL AND CHAPTER 16, ARTICLE 1, SECTION 16-102 – THROUGH STREETS BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, POTTAWATOMIE COUNTY, KANSAS: Section 1. The City of St. Marys is authorized to amend and delete its ordinances from time to time as deemed necessary and appropriate for the purpose of reorganization and management of City government. Section 2. Chapter 14, Article 2, Section 14-207 – Equipment Rental and Chapter 16, Article 1, Section 16-102 – Through Streets as printed currently and adopted by the City of St. Marys shall be deleted. Section 3. This ordinance shall take effect and be in force after its publication in the official city newspaper. PASSED AND ADOPTED THIS 6TH DAY OF MAY, 2008, BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS. _________________________



ORDINANCE NO. 1212 AN ORDINANCE REGULATING TRAFFIC WITHIN THE CORPORATE LIMITS OF THE CITY OF ST. MARYS, KANSAS; INCORPORATING BY REFERENCE THE “STANDARD TRAFFIC ORDINANCE FOR KANSAS CITES,” EDITION 2008, PROVIDING CERTAIN PENALTIES AND REPEALING ORDINANCE NO. 1200 AND ALL OTHER ORDINANCES IN CONFLICT HEREWITH. Be it Ordained by the Governing Body of the City of St. Marys, Kansas: Section 1. That section 16-101 to the Code of the City of St. Marys, Kansas, is hereby amended to read as follows: INCORPORATING STANDARD TRAFFIC ORDINANCE. There is hereby adopted and incorporated by reference a publication for the purpose of regulating traffic within the corporate limits of the city of St. Marys, Kansas, that is known as the “Standard Traffic Ordinance for Kansas Cities,” 2008 Edition, prepared and published by the League of Kansas Municipalities, Topeka, Kansas, except such articles, sections, parts or portions as are hereafter omitted, deleted, modified, or changed. Not less than three copies of said Standard Traffic ordinance shall be marked or stamped “Official Copy as adopted by Ordinance No. 1212” and shall be filed with the city clerk to be open to inspection and available to the public at all reasonable hours. The police department, municipal judge and all administrative departments of the city charged with enforcement of this article shall be supplied, at the cost of the city, such number of official copies of such Standard Traffic ordinance, similarly marked, as may be deemed necessary. Section 2. Section 51 of the above identified “Standard Traffic Ordinance for Kansas Cities” 2008 Edition is hereby amended to read in its totality as follows:



ORDINANCE NO. 1214

AN ORDINANCE APPROVING THE CONDITIONAL USE PERMIT FOR A CELL TOWER LOCATED AT THE SITE IDENTIFIED IN THE CONDITIONAL USE APPLICATION AND AS SET OUT ON ALL DOCUMENTS SUBMITTED TO THE PLANNING COMMISSION OF THE CITY OF ST. MARYS BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS as follows: SECTION 1. That the conditional use permit be approved for a cell tower on a tract more specifically identified as: A tract of land located in a portion of the NE ¼ of Section 9, Township 10 South, Range 12, East of the 6th Principal Meridian, Pottawatomie County, Kansas SECTION 2. The cell phone tower shall be located on the tract identified in SECTION 1 as specified in the approved seven-page site plan dated 5 September 2008 and signed by the applicant. The approved site plan shall be incorporated in its totality into the conditional use permit ordinance as an attachment. SECTION 3. This ordinance will be published once in the official city newspaper and upon publication will be in full force and effect. PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS, this 26th day of November 2008.

____________________________ GERARD KLEINSMITH, Mayor


ORDINANCE NO. 1215

AN ORDINANCE AMENDING ORDINANCE 1172. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, POTTAWATOMIE COUNTY, KANSAS: Section 1. The City of St. Marys is authorized to amend and delete its ordinances from time to time as deemed necessary and appropriate for the purpose of reorganization and management of City government. Section 2. Article 14, “Flood Plain Regulations”, being 14.100 through 14.112 and all of its various subparts therein, of the City of St. Marys, Kansas Unified Development Code, as printed currently and adopted by the City of St. Marys in the above stated ordinance, shall be deleted. Section 3. In its place a substitute Article 14, “Flood Plain Regulations”, Sections 14.100 through 14.112 and its subparts, shall be adopted, which document has been approved by the appropriate agencies including the State and, on November 6, 2007, the chief engineer of the Division of Water Resources of the Kansas Department of Agriculture. Section 4. Said substitute Article 14, “Flood Plain Regulations”, Sections 14.100 through 14.112 and its subparts, is adopted in its entirety as if fully set out therein and incorporated by reference each and every section. Section 5. This ordinance shall take effect and be in force after its publication in the official city newspaper. PASSED AND ADOPTED THIS 18th DAY OF NOVEMBER 2008, BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS. _________________________

PAUL CABLER Vice-Mayor


1

ORDINANCE NO. 1216

AN ORDINANCE AMENDING CHAPTER 1, ARTICLE 1 OF THE CODE OF THE CITY OF ST. MARYS, POTTAWATOMIE COUNTY, KANSAS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS: Section 1. Amendment: That Section 1-115, of the Code of the City of St. Marys, Kansas, is hereby deleted and a new Section 1-115 is adopted to read as follows:

1-115. CITY RECORDS.

(a) The City of St. Marys does hereby adopt the Kansas State Historical Society, Department of Archives, Local Government Records Management Manual, as amended, as the guide to the retention of official records of the City of St. Marys, unless exempted as provided by law or herein.

(b) The city clerk or other officer or employee having custody of city records and documents shall maintain such records and documents in accordance with paragraph (a) and in compliance with K.S.A. 12-120 to 12-121 inclusive, which is incorporated by reference herein as if set out in full. (K.S.A. 12-120: 12-121)

(c) The City of St. Marys City Commission, Planning Commission, Board of Zoning Appeals and Board of Building Code Appeals shall electronically record all meetings of such entities and such recordings of such meetings shall be maintained for a period of six (6) months after the approval of minutes of such meetings. A recorded document may be kept longer than the provided term upon a statement of need for retention of a specific meeting recording and by resolution of the City Commission of the City of St. Marys. Such electronic recordings of such meetings shall be part of the official record of the City of St. Marys and subject to open meetings records request.

Section 2. This ordinance shall be considered amendatory and supplemental to Article 1 of the Code of the City of St. Marys, Kansas, and shall not be construed as repealing any other provision of said Code except those provisions in conflict herewith. Section 3. This ordinance shall take effect and be in force after its publication in the official city newspaper.

2

PASSED AND ADOPTED THIS 21st DAY OF OCTOBER 2008, BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS. _________________________



ORDINANCE NO. 1217

AN ORDINANCE AMENDING SECTION 17-302 OF CHAPTER 17, “UTILITIES,” ARTICLE 3 OF THE CODE OF THE CITY OF ST. MARYS, KANSAS; RELATING TO SEWER CONNECTIONS REQUIRED BY THE CITY OF ST. MARYS, KANSAS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS: Section 1. AMENDMENT. That Section 17-302 of the Ordinances of the City of St. Marys, Kansas is hereby amended by adding a second paragraph to read as follows:

SECTION 17-302 2. “The owner of any property that is required to have a sanitary connection to the public sanitary sewer system shall be responsible for all of the cost of connection to said city sewer. When the connection is to a previously installed tap line, the customer may have the tap line inspected at his expense before connection. The liability for a proper connection to the city sewer shall be that of the customer. The policy established in this paragraph shall be prominently displayed on the sewer hookup application form. The customer shall be given a copy of the completed application form and the city shall keep the signed original in its permanent records.”

Section 2. EFFECTIVE DATE. This ordinance shall take effect and be in force from and after its publication in the official city newspaper. PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS this 4th day of November 2008.

__________________________ PAUL CABLER, Vice-Mayor

ATTEST: __________________________ TORY JOST, City Clerk

ORDINANCE NO. 1218 AN ORDINANCE AMENDING SECTION 17-414b, 17-420a and 17-421 OF CHAPTER 17, “UTILITIES”, ARTICLE 4 OF THE CODE OF THE CITY OF ST. MARYS, KANSAS; RELATING TO REFUSE SERVICE CHARGES OF THE CITY OF ST. MARYS, KANSAS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS: Section 1. That Section 17-414b of the Code of the City of St. Marys, Kansas is hereby amended to read as follows:

Sec. 17-414. CONTAINERS; COMMERCIAL

(b) Rental of City containers is provided through an individual agreement, and billed as part of the monthly utility bill at a rate of $10.00 per month.

Section 2. That Section 17-420a of the Code of the City of St. Marys, Kansas is hereby amended to read as follows:

Sec. 17-420. REFUSE SERVICE CHARGES (a) A refuse service charge of $15.00 per calendar month for the collection and

disposition of refuse shall be levied against each single dwelling unit and for each multi-dwelling unit where refuse is collected from one central location.

Section 3. That Section 17-421 of the Code of the City of St. Marys, Kansas is hereby amended to read as follows:

Sec. 17-421. REFUSE SERVICE; OCCUPANT HAULS OWN Refuse generated by any single dwelling unit may be transported to the

disposal site by the occupant of any such unit and a refuse disposal charge of $15.00 city/ $23.00 rural shall be levied, per calendar month, against each such unit.

Section 4. This ordinance shall be considered amendatory and supplemental to the ordinance now in place, and shall not be construed to repeal or replace any other provision of said ordinance except those specifically identified herein. Section 5. This ordinance shall take effect and be in force after its publication in the official city newspaper concurrent with the February 2009 billing date.

PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS, this 18th day of November, 2008.


_________________________________ PAUL CABLER, VICE-MAYOR


ORDINANCE NO. 1219

AN ORDINANCE TO AMEND CHAPTER XIV PUBLIC PROPERTY, ARTICLE 2. RENTAL/USER FEES ESTABLISHED, SECTION 14-202 OF THE CODE OF THE CITY OF ST. MARYS, KANSAS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS:

1. That Section 14-202 of the Code of The City of St. Marys, Kansas hereby reads as follows: 14-202. GOLF COURSE RATES. Rates for the golf course are on a daily basis or

by a season pass, and tournaments for groups. Other fees also assessed are for cart path, cart shed, trail fees, and cart rental fees. Season passes, cart path and cart shed fees are assessed annually, based on date of purchase. A season pass for single and family rates and cart shed participants may be paid in full or on a 3-month payment plan with 1/3 down, 1/3 due thirty (30) days after the first payment and 1/3 due sixty (60) days after the first payment. If a pass holder (member) fails to pay within said time, the member will be required to pay regular fees to continue to play, until the season pass has been paid in full. Pass fees purchased after August 1st must be paid in full at the time of purchase. Pass holders with a cart in the cart shed must make a season pass payment by the 1st day of March. If a pass holder (with a cart in the cart shed), fails to make the March 1st payment, the City Manager may remove the pass holder’s cart from the shed after notice is given to the pass holder. The Club House Manager determines prices for merchandise and concessions. Prices for merchandise, concessions and cart rental fees are subject to sales tax.

SEASON PASS:

Family with full time students (to age 22) 460.00 Single 350.00

Student (enrolled full time in college, or vo-tech, 150.00 twelve hours minimum, to age 22)

Junior (high school and younger) 150.00 GREENS FEES: 9 HOLES Weekdays / Mon. – Fri. 10.00 Weekends / Holidays 12.00 18 HOLES Weekdays / Mon. – Fri. 14.00 Weekends / Holidays 18.00

Twilight Golf:

Weekdays 9.00 Weekends 10.00

TOURNAMENTS:

Fees are on a per event basis, prearranged with the Club House Manager: $600 for one half day (½ day) rental; $1,200 for a full day rental. One half day rental is either 7:30 a.m. to 1:00 p.m., or 1:00 p.m. until closing. A full day rental is 7:30 a.m. until closing. Tournament rental fees, cart rental fees, and all other fees may only be waived by Resolution of the City Commission.

TRAIL FEES:

Daily trail fees 8.00

CART PATH: 35.00

CART SHED: Gas cart 125.00 Electric cart 150.00

CART RENTAL FEES: Nine (9) holes 11.56 Eighteen (18) holes 19.25

PLAY CARDS: (eight punch play card - for a non-pass holder)

Adult 85.00

Cart Rental Rules: 1.) The driver of a cart must be at least 16 years old and possess a valid drivers license. 2.) Only two (2) individuals (of any age) per cart. A small child may not ride with two adults. 3.) Carts must be turned in one-half hour before sunset. Clubhouse personnel will determine this time.

2. This ordinance will be published once in the official city newspaper and upon publication will be in full force and effect. PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS this 18th day of November, 2008.


_____________________________ PAUL CABLER, VICE-MAYOR MAYOR


ORDINANCE NO. 1220

AN ORDINANCE TO AMEND CHAPTER 1, ARTICLE 5, INVESTMENT OF TEMPORARILY IDLE FUNDS, SECTION 1-501 OF THE CODE OF THE CITY OF ST. MARYS, KANSAS; BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS: Section 1. That Section 1-501 of the Code of the City of St. Marys, Kansas, is hereby amended by deletion of the current provisions and substitution of the following: “INVESTMENT OF IDLE FUNDS. Temporarily idle funds of the City of St. Marys, not currently needed, may be invested in conformance with the provisions of K.S.A. 12- 1675, as amended or subsequently amended.” Section 2. This ordinance shall take effect upon publication in the official city newspaper. PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS THIS 3rd day of February, 2009. CITY OF ST. MARYS, KANSAS ____________________________ GERARD KLEINSMITH Mayor ATTEST: ____________________ TORY A. JOST City Clerk

ORDINANCE NO. 1221 AN ORDINANCE TO REVISE AND UPDATE THE FLOODPLAIN MANAGEMENT ZONING REGULATION OF THE CITY OF ST. MARYS UNIFIED DEVELOPMENT CODE AND INCORPORATING BY REFERENCE NEW FLOODPLAIN ZONING REGULATIONS BASED ON THE MODEL RECOMMENDED BY FEMA AND THE KANSAS DEPARTMENT OF AGRICULTURE.

WHEREAS, in accordance with Kansas Statute, the City of St. Marys currently regulates and manages floodplain zoning development through its floodplain zoning regulations found in Unified Development Code, Ordinance No. 1172, Article 14; and

WHEREAS, in accordance with state and federal law, all such floodplain zoning regulations must be approved by the Chief Engineer of the Kansas Department of Agriculture, Division of Water Resources and must coordinate with the requirements and regulations of the National Flood Insurance Act of 1968 as amended; and

WHEREAS, the Chief Engineer of the Kansas Department of Agriculture, Division of Water Resources and the officials of the Federal Emergency Management Agency (FEMA) Region VII have recommended that the City of St. Marys revise its floodplain management zoning regulations and adopt new regulations based upon the recommended model floodplain management regulations;

WHEREAS, upon the recommendation of the City of St. Marys Planning Commission, the Governing Body has determined that it is in the best interest of the City of St. Marys to revise and update the current floodplain management zoning regulations (Article 14 Flood Plain Regulations of Ordinance No. 1172), and adopting and incorporating by reference new regulations based upon the recommended model floodplain management zoning regulations; THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS OF, KANSAS: SECTION 1. That Article 14 of Ordinance No. 1172 is hereby amended. SECTION 2. That the City of St. Marys Article 14 of the Unified Development Code, Ordinance 1172 is hereby amended by adding the revised Article 14 of the Unified Development Code, Ordinance 1172 of the City of St. Marys which reads as follows: INCORPORATION OF FLOODPLAIN MANAGEMENT ZONING ORDINANCE. Pursuant to the provisions of K.S.A. 12-3009, 12-3010 and 12-3301, there is hereby incorporated by reference for the purpose of providing floodplain zoning regulations within the City of St. Marys, Kansas, all of the zoning regulations contained in that document thereafter known and referred to as the "Flood Plain Regulations", which is based upon and modeled after the Model Floodplain Management Ordinance as approved and recommended by the Federal Emergency Management Agency Region VII and the Kansas Department of Agriculture, Division of Water Resources.

No fewer than three copies of the Unified Development Code containing the Flood Plain Regulations shall be marked or stamped "Official Copy as incorporated by Ordinance No. 1221, of the City of St. Marys, Kansas," and such copies shall be filed with the City of St. Marys city clerk to be open to inspection and available to the public at all reasonable business hours, provided that such official copies may not be removed from City Hall of the City of St. Marys. All organizations requiring the use of the Flood Plain Regulations of the City of St. Marys, Kansas, shall be supplied, at the expense of the City of St. Marys, such number of official copies of such ordinance as may be deemed expedient by the Governing Body. SECTION 3. This ordinance shall take effect upon publication in the official city newspaper. PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS this 3rd day of February, 2009. CITY OF ST. MARYS, KANSAS _________________________



ORDINANCE NO. 1222

AN ORDINANCE AMENDING SECTION 2-204, 2-205, 2-211, 2-212 and 2-213 OF CHAPTER 2, “ANIMALS AND FOWL”, ARTICLE 2 OF THE CODE OF THE CITY OF ST. MARYS, KANSAS; RELATING TO ANIMALS AND FOWL OF THE CITY OF ST. MARYS, KANSAS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS:


Sec. 2-204. DOG REGISTRATION REQUIRED; FEES

The owner, keeper or harborer of any dog six months of age or more shall register the name, sex and description of such dog with the city clerk and shall pay an annual registration fee to the city clerk in the amount of:

(a) Four dollars for each male dog or each spayed female dog; (b) Six dollars for each unspayed female dog; (c) No person shall harbor more than three dogs that are more than six

months old. This section shall not apply to dogs owned by nonresidents of the city, such dogs of nonresidents not being allowed to remain in the city for more than 30 days without being properly tagged. (ORD 948/022090)


Sec. 2-205. SAME; WHEN DUE The registration fee shall be due and payable on March 1 of each year. On or

after March 31 of each year, a penalty of $5 shall be assessed in addition to the regular license fee specified in Section 2-204. In the event a person becomes an owner, keeper or harborer of a dog subsequent to March 31, no penalty shall be assessed so long as the dog is registered and the fees paid as stipulated within 30 days of acquisition. No pro-ration of fees will be allowed for ownership of less than one year. (ORD 688, Sec. 2)


Sec. 2-211. CITY POUND The city pound is hereby established for the purpose of carrying out the provisions of this article and it shall be the duty of the Street Superintendent to construct the same and keep it in good repair. (Code 1983)


Sec. 2-212. IMPOUNDING; DESTRUCTION From and after the last day of March of each year, the chief of police or the

police chief’s designee shall take up and impound any dog running at large, as provided by this article and shall make a diligent inquiry for the owner thereof. Such dog shall be destroyed, sold or otherwise disposed of if not claimed or redeemed within 240 hours of the time of impounding. If the dog is wearing a tag, an effort shall be made to contact the owner. No dog may be released for adoption unless such dog has been first surgically spayed or neutered. The adopting party must sign an agreement to have the dog spayed or neutered and make a deposit of $100.00 with the city to ensure that the dog will be sterilized. The City will refund the deposit pursuant to such an agreement to the adopting party upon presentation of a written statement signed by a licensed veterinarian that the adopted dog has been spayed or neutered. (ORD 688, Sec. 6; K.S.A. 21-4310, ORD1059/090396)


Sec. 2-213. REDEEMING DOGS A person wishing to redeem an impounded dog shall pay to the city clerk the

tax provided for such dog by this article, including late penalties plus an impounding fee of $25.00 plus $8.50 per day per dog. A person wishing to redeem an impounded dog must reimburse the City for any advertisement fees incurred on behalf of such dog. When the owner of an impounded dog presents to pound keeper the tag and receipt from the City showing such charges have been paid, his or her dog shall then be released to him or her. (ORD 948/022090; ORD1133/100102)

Section 6. This ordinance shall be considered amendatory and supplemental to the ordinance now in place, and shall not be construed to repeal or replace any other provision of said ordinance except those specifically identified herein. Section 7. This ordinance shall take effect and be in force after its publication in the official city newspaper. PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS, this 7th day of April, 2009.


ATTEST: _________________________________

GERARD KLEINSMITH, MAYOR ___________________________________ TORY JOST, CMC CITY CLERK

ORDINANCE NO. 1223

AN ORDINANCE ADOPTING STANDARDS AND CONDITIONS FOR APPOINTMENT TO BOARDS AND COMMISSIONS OF THE CITY OF ST. MARYS, KANSAS TO BE ESTABLISHED AS CHAPTER 1, ARTICLE 10, SECTION 1-1001. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS: Section 1. There shall be created within Chapter 1, Article 10, Section 1001, captioned: Boards and Commissions Membership and Conditions of Service. Article 10, Section 1-1001: The City of St. Mary, Kansas, hereby adopts, by ordinance, the statutory provisions of K.S.A. 25-4302 as it pertains to termination of an individual serving on a board or commission because of certain conduct. The application of this ordinance shall be to all those who serve the City as an appointed member of a Board or Commission of the City of St. Marys.

1. The provisions for termination for cause shall be conviction of a felony during the term of office, misconduct in office, or failure to perform duties prescribed by law as applicable to the office. Misconduct in office means a violation of law by a member of a board or commission that impacts the person’s ability to perform the official duties of the office. A disagreement as to the positions, decisions, or votes of a commission or board member shall not be grounds for removal for cause.

2. All members of Boards and Commissions established by the City of St. Marys shall be subject to these standards and any conflict with a previous adopted standard this section shall apply.

3. This ordinance applies to the following Boards and Commissions: Board of Zoning Appeals, Planning Commission, Parks and Recreation Advisory Board, Golf Course Advisory Board, Citizens Advisory Committee, Building Code Appeals Board, and the Housing Authority of the City of St. Marys.

4. The commission states its policy that all appointments of members on such boards and commissions serve at the pleasure of the City Commission and may be removed without cause by action of the City Commission.


PASSED AND ADOPTED THIS 7th DAY OF APRIL 2009, BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS. _________________________


ATTEST: _______________________ TORY JOST, CMC City Clerk

ORDINANCE NO. 1224

AN ORDINANCE DELETING CHAPTER 3, ARTICLE 1, SECTION 3-121 – PURCHASE OR CONSUMPTION OF CEREAL MALT BEVERAGE BY MINORS AND CHAPTER 3, ARTICLE 2, SECTION 3-205 – SALE TO CERTAIN PERSONS; POSSESSION AND CONSUMPTION BY CERTAIN PERSONS OF ALCOHOLIC LIQUOR BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, POTTAWATOMIE COUNTY, KANSAS: Section 1. The City of St. Marys is authorized to amend and delete its ordinances from time to time as deemed necessary and appropriate for the purpose of reorganization and management of City government. Section 2. Chapter 3, Article 1, Section 3-121 – Purchase or Consumption of Cereal Malt Beverage By Minors and Chapter 3, Article 2, Section 3-205 – Sale to Certain Persons; Possession and Consumption By Certain persons of Alcoholic Liquor as printed currently and adopted by the City of St. Marys shall be deleted. Section 3. This ordinance shall take effect and be in force after its publication in the official city newspaper. PASSED AND ADOPTED THIS 21ST DAY OF APRIL, 2009, BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS. __________________________ Dennis Miller,

MAYOR ATTEST: ______________________ TORY JOST, CMC City Clerk

ORDINANCE NO. 1225 AN ORDINANCE AMENDING CHAPTER ONE, ARTICLE 4, PROCEDURES FOR PUBLIC HEARINGS, SECTION 4.101.1 and 4.101.5 OF THE UNIFIED DEVELOPMENT CODE OF THE CITY OF ST. MARYS, KANSAS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS: Section 1. Having conducted the prerequisite public hearing on Monday, March 2, 2009, Section 4.101 of the Unified Development Code, to wit: 1) All issues requiring a Public hearing shall first be submitted to the St. Marys Planning Commission for an introductory review of the issue and the completed application. Once the Planning Commission has received the issue and reviewed the completed application, the Planning Commission shall notify the Zoning Administrator to schedule a public hearing in accordance with the provisions of Section 3.100. Section 2. 5. The Zoning Administrator shall schedule the required public hearing only after receiving the approval of the planning commission and a completed application. The Zoning Administrator shall be responsible for placing in the official newspaper, a public notice to be published at least 20 days prior to the date of the hearing and/or to send out the written notices to land owners of record within the prescribed distance as set forth in 4.101.2.

a) A legal description or general description sufficient to identify the property under consideration.

b) A statement regarding the proposed changes in the boundary or classification of any zone

or district or a general description of the proposed development, subdivision, or other proposed action.

c) The date, time, and place of the public hearing, and a clear statement that it is a public

hearing at which public testimony is sought. d) The notice shall include a statement that a complete legal description is available for

public inspection and shall state where such information is available. Section 3. This ordinance shall be published once in the official city newspaper and upon publication will be in full force and effect. PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS this 21st day of April, 2009.

CITY OF ST. MARYS, KANSAS _________________________



ORDINANCE NO. 1226

AN ORDINANCE AMENDING CHAPTER 1, ARTICLE 6 NON-CONFORMING USES, SECTION 6.100 NONCONFORMITIES, 6.112 ABANDONMENT, AND CREATING SECTION 6.113 “APPEALS” BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, POTTAWATOMIE COUNTY, KANSAS: Section 1. There shall be created within Chapter 1, Article 6, Non-Conforming Uses Section 6.100 Nonconformities 6.100.6; Section 6.112 (3); and Section 6.113 captioned Appeals. Section 2. That Section 6.100.6 is hereby amended to read as follows: The provisions of this Article shall not be applicable in the case of damage or destruction to structures resulting from an externally caused natural or human-caused event, including but not limited to, high wind, mud-slide, earthquake, flooding, explosion, transportation accident, or fire (including arson). Section 3. That Section 6.112 (3) will hereby read as follows: “Abandonment” shall be defined as any residential, commercial, or industrial real estate for which taxes are delinquent for the preceding two years and which has been unoccupied continuously by persons legally in possession for the preceding 180 days. Section 4. Section 6.113 Appeals 6.113.1. Not withstanding the specific requirements of any section or sections of this article, the Board of Zoning Appeals may grant an exception to any conformance requirement of Article 6 for a legally non-conforming use situation unless the conformance requirement involves an issue of permitted or condition use. 6.113.2. Not withstanding the specific requirements of any section or sections of this article, the Planning Commission, upon the conduct of a public hearing, may grant an exception to any conformance requirement of Article 6 that involves an issue of permitted or conditional use for a legally non-conforming use situation. Section 5. This ordinance shall take effect and be in force after its publication in the official city newspaper. PASSED AND ADOPTED THIS 2ND DAY OF JUNE, 2009, BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS. __________________________ DENNIS MILLER,

Mayor

ATTEST: ______________________ TORY JOST, CMC City Clerk

ORDINANCE NO. 1227

AN ORDINANCE AMENDING ORDINANCE 1172 ENTITLED CITY OF ST. MARYS, KANSAS, UNIFIED DEVELOPMENT CODE, DELETING CHAPTER 1, ARTICLE 3 ADMINISTRATION, SECTION 3.100.2(a) TERMS AND QUALIFICATIONS; AND AMENDING SECTION 3.101.3(a) BOARD OF ZONING APPEALS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, POTTAWATOMIE COUNTY, KANSAS: WHEREAS, the provisions of Ordinance 1172, Section 3.100.2 (a) and Section 3.101.3(a) are modified as follows: Section 1. Chapter 1, Article 3, Administration, Section 3.100.2 (a) Terms and Qualifications shall be deleted and terms and qualifications shall be adopted as established by Resolution 01-09. Section 2. That Section 3.101.3(a) is hereby amended to read as follows: The Board of Zoning Appeals shall be composed of five (5) members appointed by the Mayor with the concurrence of the City Commission. Four members of the Board of Zoning Appeals shall reside within the city limits and one member shall reside in the extra-territorial zone (ETZ). Section 3. This ordinance shall take effect and be in force after its publication in the official city newspaper. PASSED AND ADOPTED THIS 2ND DAY OF JUNE, 2009, BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS. __________________________ DENNIS MILLER,

Mayor


ORDINANCE NO. 1228

AN ORDINANCE AMENDING ORDINANCE 1084 WHICH ADOPTED THE “OFFICIAL COMPREHENSIVE PLAN OF THE CITY OF ST. MARYS, 1997.” THIS ORDINANCE REPLACES CHAPTER 2, POPULATION. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, POTTAWATOMIE COUNTY, KANSAS: Section 1. Chapter 2, of Ordinance 1084 is hereby deleted in its entirety. Section 2. That the substituted Chapter 2 as approved by the Planning Commission on March 16, 2009 and further approved by the City Commission on April 7, 2009 shall be replaced in its entirety as if fully set out therein and incorporated by reference each and every section. Section 3. This ordinance shall take effect and be in force after its publication in the official city newspaper. PASSED AND ADOPTED THIS 2ND DAY OF JUNE, 2009, BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS. __________________________ DENNIS MILLER,

Mayor


ORDINANCE NO. 1229 AN ORDINANCE AMENDING SECTION 1-206 OF CHAPTER 1, “ADMINISTRATION”, ARTICLE 1 OF THE CODE OF THE CITY OF ST. MARYS, KANSAS; RELATING TO COMPENSATION. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS: Section 1. That Section 1-206 of the Code of the City of St. Marys, Kansas, is hereby amended to read as follows: 1-206 COMPENSATION. (a) That the salary of the elected Mayor shall be paid monthly at the rate of ($125) per month, except that during 2010 the Mayor shall not receive any salary. (b) That the salary of the elected Commissioners shall be paid monthly at the rate of one hundred dollars ($100) a month, except that during 2010 the Commissioners shall not receive any salary. (c) The salaries provided for in sections (a) and (b) shall be paid by the City Treasurer at the first pay period of the month. The City Treasurer will withhold the required amount for payroll taxes. (d) In addition to such compensation, the city shall, upon claim properly presented, reimburse any member of the governing body for expenditures made in carrying out their official duties. (ORD 907) Section 2. This ordinance shall take effect upon publication in the official city newspaper. PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS, this 1st day of September, 2009. CITY OF ST. MARYS, KANSAS _______________________________ DENNIS MILLER, MAYOR ATTEST: _________________________ TORY JOST, CITY CLERK

PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS this 6th day of October, 2009. CITY OF ST. MARYS, KANSAS _________________________

DENNIS MILLER MAYOR


ORDINANCE NO. 1232 AN ORDINANCE TO AMEND CHAPTER XIV PUBLIC PROPERTY, ARTICLE 2. RENTAL/USER FEES ESTABLISHED, SECTION 14-204 OF THE CODE OF THE CITY OF ST. MARYS, KANSAS, AND THE CREATION OF SECTION 14-205. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS:

1. That Section 14-204 of the Code of The City of St. Marys, Kansas hereby reads as follows: 14-204. BUILDING/FACILITY RENTAL. The following buildings or

facilities are leased by contract agreement and/or rented per event to private individual(s) or properly organized groups: George J. Perry Memorial Armory, Golf Course Club House, Gazebo (Riverside Park), and Library. Rental policies for each are as follows:

A. ARMORY. Rental for the Armory is subject to availability, payment of fees, and completion of application and the following fee schedule shall apply:

1. RESIDENTS (within the city limits)

a) SECURITY DEPOSIT: $250.00 b) SINGLE DAY EVENT (6:00 AM – 10:00 PM) $150.00 c) EACH ADDITIONAL CONSECUTIVE DAY: $100.00 d) HOURLY (weekdays only): $ 25.00

2. NON-RESIDENTS (outside the city limits)

a) SECURITY DEPOSIT: $500.00 b) SINGLE DAY EVENT (6:00 AM – 10:00 PM) $200.00 c) EACH ADDITIONAL CONSECUTIVE DAY: $150.00 d) HOURLY (weekdays only): $ 40.00

3. ALCOHOL AVAILABLE

a) SECURITY DEPOSIT: $500.00 b) SINGLE DAY EVENT (6:00 AM – 10:00 PM) $200.00 c) EACH ADDITIONAL CONSECUTIVE DAY REQUIRES A NEW PERMIT d) HOURLY (weekdays only): Not Allowed

4. GOVERNMENTAL USE (inside or outside the city limits)

a) SECURITY DEPOSIT: $150.00 b) SINGLE DAY EVENT (6:00 AM – 10:00 PM) $150.00 c) HOURLY (weekdays only): $ 40.00

B. GOLF COURSE. Rental for the Golf Course club house is subject to approval by the club house manager for availability of dates. There shall be a minimum fee of $50.00 (Fifty Dollars) plus $15.00 (Fifteen Dollars) per hour for the use of the club house upstairs. Any individual wanting to use the upstairs and downstairs shall pay a minimum fee of $100.00 plus $15.00

(Fifteen Dollars) per hour for the use. A security deposit of $250.00 (Two Hundred Fifty Dollars) is required and refundable upon satisfactory completion of cleanup and determination of no damage. Clean up not properly done and damages shall be deducted from the deposit, if insufficient the person arranging the rental shall be liable. (ORD1090/042099)

C. GAZEBO (Riverside Park). The following outlines the procedure/requirements for individuals/groups wanting to reserve/rent the gazebo. Rental application forms are available at city hall. (1) The gazebo will be rented at the rate of $50.00 per day. Pre-payment

required if any rain dates are requested. (2) Damage/Clean-up Deposit of $250.00 per rented event:

(a) $50.00 will be withheld if area is not cleaned up. (b) Full deposit withheld if there is any damage. (c) The renter will pay the full amount of repair or replanting above the

$250.00 fee. (d) If event is canceled 14 days prior to such event, the $250.00 deposit

plus $40.00 from rental fee will be refunded (payable at next regular city meeting).

(3) Restricted Uses: These restrictions (uses not allowed) include but are not

limited to the following: (a) For profit use or garage sales.

(4) Decoration Restrictions. (a) Will exclude all crepe paper and some ribbon that will bleed color

when damp or wet. Basically decorations must be waterproof. (b) Use of nails, screws, tacks, staples, or any type of tape or glue to

attach decorations are prohibited. (c) Tie on decorations with cloth, fishing line or plastic coated wire

only. (d) Use of candles with wind cover and drip tray only. All candles

must be secured to prevent being blown over.

(5) General Use Rules. (a) NO park picnic tables will be set inside the gazebo. (b) NO CHARCOAL/GAS GRILLS INSIDE THE GAZEBO. (c) All events must end by 10:00 p.m. to comply within the 11:00 p.m.

park curfew. (d) Use of bicycles, skate boards, roller blades, skates or sleds will not

be allowed on the walks, ramps or inside the gazebo.

D. LIBRARY. The Pottawatomie/Wabaunsee Regional Library contracts a lease with the city renting the Hill school gym facility located at 306 N. 5th for use as a library. (ORD1045/080195)

14-205 FEES. All fees set out in A-D above may be changed upon Resolution approved by the City Commission, to be effective on the date of approval for all subsequent booked reservations.

PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS this 3rd day of November, 2009.

CITY OF ST. MARYS, KANSAS _____________________________ DENNIS MILLER, MAYOR


1

ORDINANCE NO. 1233

AN ORDINANCE AMENDING ORDINANCE 1172 ENTITLED CITY OF ST. MARYS, KANSAS, UNIFIED DEVELOPMENT CODE, AMENDING CHAPTER ONE, ARTICLE 7, SECTION 7.101, FENCES. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS: WHEREAS, the provisions of Ordinance 1172, Chapter One, Article 7, Section 7.101, Fences, are modified as follows: Section 1. 1. General Provisions shall be amended as follows:

d) Fence Material Restrictions: Barbed wire fences and electric fences are not allowed in all residential districts in St. Marys. Agricultural fences and livestock fences are not allowed in the front yards of all residential districts in St. Marys. e) A functional access gate shall be installed in a fence when a fence places a city-serviced utility meter or service connection within the fenced area.

Section 2. 2. Location. Shall be amended as follows: 2. Location Details.

a) Setbacks: Fences may be placed within property lines. b) Sidewalks: Fences may be placed up to the sidewalk when one is present. However, if this places the fence in a public right of way, the land owner assumes the same risks and responsibilities as if the fence were in an easement. c) Corner lots: KDOT sight triangle requirements must be followed if they require a fence to be placed inside a lot line on a corner lot.

Section 3. 3. Height. Shall be amended as follows: 3. Height. The following height standards shall apply to fences in all zoning districts: a) Residential districts: Fence heights shall not exceed 8 feet in the side and rear yards, and 5 feet in the front yard. b) All Other Districts: Fence heights in districts other than residential shall

not exceed 8 feet. c) The Board of zoning appeals may grant a variance in all fence heights.

Section 4. Disapproval by the zoning administrator may be appealed to the Board of

Zoning Appeals.

2

Section 5. This ordinance shall take effect and be in force after its publication in the official city newspaper. PASSED AND ADOPTED THIS 19TH DAY OF JANUARY 2010, BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS. _________________________

DENNIS MILLER Mayor


ORDINANCE NO 1234

AN ORDINANCE AMENDING CHAPTER 17, ARTICLE 3, SECTION 17-319, RELATING TO SEWERS, BASIS FOR USER CHARGES; OF THE CODE OF THE CITY OF ST. MARYS, KANSAS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, POTTAWATOMIE COUNTY, KANSAS: Section 1. Section 17-319 shall be deleted in its entirety, and in its place shall be substituted the following: Sec. 17-319. BASIS FOR USER CHARGES. (a) The basis for the

monthly use charge shall be based on an average monthly metered water consumption. The first two obtainable actual water readings recorded during the months of December, January and February shall be used to establish an average water consumption. If two actual readings cannot be obtained, the last actual reading and next available actual reading between the months of November and March shall be used in determining the average water consumption; except for the year 2010, since two actual readings could not be obtained, the 2009 established user rates shall be used.

(b) New users will be billed on an annually calculated average sewer charge, until a base is obtained as provided in subsection (a).

(c) An existing customer moving to a new location will retain their average that had been previously established, until a base is obtained as provided in subsection (a).

(d) When the city is unable to read the water meter, the water consumption shall be estimated by the city as equitably as possible.

(e) Any user whose premises are disconnected from the city's water system during the winter months (when the basis for use charges are determined), will have the previous year's monthly average consumption for the base monthly use charge.

Section 2. This ordinance shall be considered amendatory and supplemental to the ordinance now in place, and shall not be construed to repeal or replace any other provision of said ordinance except those specifically identified herein. Section 3. This ordinance shall take effect and be in force after its publication in the official city newspaper. PASSED AND ADOPTED THIS 16th DAY OF MARCH, 2010, BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS. ________________________________ DENNIS MILLER, Mayor ATTEST: ________________________________ TORY JOST, City Clerk

ORDINANCE NO. 1235

AN ORDINANCE AMENDING ORDINANCE 1084 WHICH ADOPTED THE “OFFICIAL COMPREHENSIVE PLAN OF THE CITY OF ST. MARYS, 1997.” THIS ORDINANCE REPLACES CHAPTER 3, ECONOMICS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, POTTAWATOMIE COUNTY, KANSAS: Section 1. Chapter 3, of Ordinance 1084 is hereby deleted in its entirety. Section 2. That the substituted Chapter 3 as approved by the Planning Commission on February 15, 2010 and further approved by the City Commission on March 16, 2010 shall be replaced in its entirety as if fully set out therein and incorporated by reference each and every section. Section 3. This ordinance shall take effect and be in force after its publication in the official city newspaper. PASSED AND ADOPTED THIS 6TH DAY OF APRIL, 2010, BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS. __________________________ DENNIS MILLER,

Mayor



KEVIN WERICK VICE MAYOR


ORDINANCE NO. 1238 AN ORDINANCE AMENDING THE DISTRICT ZONE CLASSIFICATION MAP REFERRED TO AND MADE A PART OF THE “OFFICIAL ZONING ORDINANCE OF THE CITY OF ST. MARYS, KANSAS, 2006” AS ADOPTED IN ITS ENTIRETY AND INCORPORATED BY REFERENCE IN SECTION 18-301 OF THE CODE OF THE CITY OF ST. MARYS, KANSAS. WHEREAS, the Planning Commission proposed that certain changes be made to the District Zone Classification map, and, WHEREAS, a notice of public hearing indicating said proposed changes was published in the “St. Marys Star” on July 28, 2010, as provided by law, and WHEREAS, the Planning Commission on August 16, 2010, held a public hearing; and WHEREAS, the Planning Commission did vote to recommend that the Governing Body make certain changes as set out in the notice of hearing. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS as follows:

SECTION 1. That the District Zone Classification map referred to in the “Official Zoning Ordinance of the City of St. Marys, Kansas, 2006” as stated in its entirety and incorporated by reference in Section 18-301 of the Code of the City of St. Marys, Kansas, is hereby amended as follows: The zone classification is hereby changed from AG, Agricultural District to RR, Rural Residential District, for the following described tracts of land in the Extraterritorial Zone of the City of St. Marys, Pottawatomie, Kansas:

The North Half of the Southwest Quarter, less the West 20 acres thereof in Section 3, Township 10 South, Range 12 East of the 6th p.m., in Pottawatomie County, Kansas, LESS a tract of land situated in the North Half of the Southwest Quarter of Section 3, Township 10 South, Range 12 East of the 6th P.M. in Pottawatomie County, Kansas, more particularly described as follows: Beginning at a point, on the North line of and 60.01 feet West of the Northeast corner of the said Southwest Quarter, said point being on the West Right-of-Way line of Kansas-Highway 63 and running thence South 1 degree 40 minutes 27 seconds West 226.36 feet along said West Right-of-Way line; thence South 89 degrees 14 minutes 51 seconds West 1926.52 feet to a point on the West line of the East Half of the Northwest Quarter of the said Southwest Quarter; thence North 1 degree 52 minutes 59 seconds East, along said West line 226.36 feet to the North line of the said Southwest Quarter and thence North 89 degrees 14 minutes 51 seconds East along the said North line 1925.70 feet to the point of beginning.

SECTION 2. This ordinance will be published once in the official city newspaper and upon publication will be in full force and effect.

PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS, this 21ST day of September, 2010.

____________________________ KEVIN WERICK, Vice Mayor


ORDINANCE NO. 1239

AN ORDINANCE AMENDING CHAPTER 7, FIRE PROTECTION, ARTICLE 4 STORAGE OF FLAMMABLES, SECTION 7-403 ABOVE GROUND STORAGE TANKS, OF THE CODE OF THE CITY OF ST. MARYS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, POTTAWATOMIE COUNTY, KANSAS: Section 1. That Section 7-403 is hereby deleted and in its place the following be adopted and substituted as follows: All property owners within the legal boundaries of the City of St. Marys are prohibited from constructing, placing, or installing any storage facility above ground for flammable or combustible liquids, EXCEPT for land that is located in the General Commercial District (C-3), as defined in the Unified Development Code, and for which there has been a permit issued as may be required by the Kansas State Fire Marshall and the St. Marys Fire Chief has approved. Existing above ground tanks are exempt from this ordinance until replacement or repair of the storage facility is required. Section 2. This ordinance shall take effect and be in force after its publication in the official city newspaper. PASSED AND ADOPTED THIS 2ND DAY OF NOVEMBER, 2010, BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS. __________________________ DOYLE PEARL,

Mayor


1

ORDINANCE NO. 1240

AN ORDINANCE GRANTING CONDITIONAL USE FOR PROPERTY DESCRIBED AS LOT 12 TO 14, W/2 OF LOT 15, LESS E 15’ of lot 15, BLOCK 29, ST. MARYS FIRST ADDITION, CITY OF ST. MARYS, POTTAWATOMIE COUNTY, KANSAS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS: Section 1. CONDITIONAL USE. Within the General Commercial Business District (C-

3), having a common address of 705 West Mission, St. Marys, Pottawatomie County, Kansas. By the action of the City, a “conditional use” is approved for the purpose of storing and distributing petroleum products, subject to the conditions established by the Planning Commission.

Section 2. CONDITIONS ESTABLISHED BY THE PLANNING COMMISISON. None. Section 3. This ordinance shall take effect and be in force after its publication in the

official city newspaper. PASSED AND ADOPTED THIS 4TH DAY OF JANUARY 2011, BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS. _________________________

DOYLE PEARL Mayor

ATTEST: _______________________ MARIS K. FLERLAGE City Clerk

ORDINANCE NO 1241

AN ORDINANCE AMENDING CHAPTER 7, ARTICLE 3, SECTION 7-303, RELATING TO SAME; EXCEPTIONS; DISCHARGES; OF THE CODE OF THE CITY OF ST. MARYS, KANSAS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, POTTAWATOMIE COUNTY, KANSAS: Section 1. Section 7-303(a) shall be deleted in its entirety, and in its place shall be substituted the following:

Sec. 7-303(a) Section 7-302 of this article shall not apply to the firing or discharge of fireworks in the City between the hours of 8:00 a.m. and 10:00 p.m. on June 27th through July 3rd, between the hours of 8:00 a.m. and 12:00 a.m. (midnight) on July 4th. Fireworks maybe discharged on July 5th between the hours of 8:00 a.m. and 10:00 p.m. if July 4th falls on a Friday or Saturday. (ORD 868; ORD 1132/080602)

Section 2. This ordinance shall be considered amendatory and supplemental to the ordinance now in place, and shall not be construed to repeal or replace any other provision of said ordinance except those specifically identified herein. Section 3. This ordinance shall take effect and be in force after its publication in the official city newspaper. PASSED AND ADOPTED THIS 5th DAY OF APRIL, 2011, BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS. ________________________________ DOYLE PEARL, Mayor ATTEST: ________________________________ TORY JOST, City Clerk

- 1 -

(Published in the St. Marys Star on ________________, 2011)

ORDINANCE NO. 1242 AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE ISSUANCE

OF $375,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 2011, OF THE CITY OF ST. MARYS, KANSAS, FOR THE PURPOSE OF PROVIDING FUNDS TO REFUND ALL OF THE CITY'S OUTSTANDING GENERAL OBLIGATION BONDS, SERIES 2000A, DATED OCTOBER 1, 2000; AND MAKING CERTAIN COVENANTS AND AGREEMENTS WITH RESPECT THERETO.

WHEREAS, the City of St. Marys, Kansas (the "Issuer" or "City"), is a municipal subdivision, body corporate and politic duly created, organized and existing under the laws of the State of Kansas; and WHEREAS, the City is authorized under the provisions of the Act, to issue and sell general obligation refunding bonds for the purpose of paying all or part of the costs of refunding its outstanding General Obligation Bonds, Series 2000A, dated October 1, 2000; and WHEREAS, the City hereby finds and determines that it is desirable and in the best interests of the City to authorize the issuance of the Bonds for the purpose of refunding the City's General Obligation Bonds, Series 2000A, dated October 1, 2000, (the "Existing Bonds"); and WHEREAS, the total cost to the City on the Bonds amounts to less than the remaining interest cost to the City on the outstanding Series 2000A Bonds being refunded; and the anticipated revenues from the special assessments levied pursuant to Ordinance No. 1106, No. 1107 and No. 1108 of the City, along with other lawfully available funds of the City, are expected to be sufficient to retire the Bonds; and WHEREAS, the Bonds do not exceed the aggregate amount of the principal amount of the Series 2000A Bonds or interest being refunded, the amount of any interest which has accrued or will

- 2 -

accrue to the date of payment of the Series 2000A Bonds being refunded or redemption premium, expenses for issuance; and WHEREAS, the Act authorizes the issuance of refunding bonds the proceeds of which may be used to refund the Existing Bonds. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS, AS FOLLOWS: Section 1. Definitions of Words and Terms. In addition to the words and terms defined elsewhere in this Authorizing Ordinance and in the Resolution, the following words and terms as used in this Authorizing Ordinance shall have the following meanings: "Act" shall mean the constitution and statutes of the State of Kansas, including K.S.A. 10-427 and 10-427a, and K.S.A. 10-620 et seq., as amended and supplemented. "Authorizing Ordinance" means this Ordinance No. 1242. "Bonds" means the City's General Obligation Refunding Bonds, Series 2011, dated February 16, 2011, in the aggregate principal amount of $375,000 authorized and issued pursuant to this Ordinance. "City Clerk" means the City Clerk of the City of St. Marys, Kansas. "Code" means the Internal Revenue Code of 1986, as amended, together with any regulations applicable thereto or promulgated thereunder by the United States Department of the Treasury. "Existing Bonds" means the City's outstanding Series 2000A Bonds. "Issuer" or "City" means the City of St. Marys, Kansas. "Mayor" shall mean the duly elected Mayor or, in the Mayor's absence, the duly appointed Deputy Mayor of the City. "Resolution" means the resolution to be adopted by the governing body of the City prescribing the terms and details of the Bonds and making covenants with respect thereto. "Series 2000A Bonds" means the Issuer's General Obligation Bonds, Series 2000A, dated October 1, 2000, in the outstanding principal amount of $350,000.

- 3 -

Section 2. Authorization of the Bonds. There shall be issued and are hereby authorized and directed to be issued the General Obligation Refunding Bonds, Series 2011, of the City in the principal amount of $375,000 for the purpose of providing funds to refund the Existing Bonds, in accordance with the Act. Section 3. Security for the Bonds. The Bonds shall be general obligations of the City payable as to both principal and interest from ad valorem taxes which may be levied without limitation as to rate or amount upon all the taxable tangible property, real and personal, within the territorial limits of the City. The full faith, credit and resources of the City are irrevocably pledged for the prompt payment of the principal of and interest on the Bonds as the same become due. Section 4. Terms, Details and Conditions of the Bonds. The Bonds shall be dated and bear interest, shall mature and be payable at such times, shall be in such forms, shall be subject to redemption and payment prior to the maturity thereof, and shall be issued and delivered in the manner prescribed and subject to the provisions, covenants and agreements set forth in the Resolution hereinafter adopted by the governing body of the City. Section 5. Tax Covenants. The City covenants and agrees that it will not take any action, or fail to take any action, if any such action or failure to take action would adversely affect the exclusion from gross income of the interest on the Bonds under Section 103 of the Code. The City covenants and agrees that it will use the proceeds of the Bonds as soon as practicable and with all reasonable dispatch for the purpose for which the Bonds are issued as hereinbefore set forth, and that it will not directly or indirectly use or permit the use of any proceeds of the Bonds or any other funds of the City, or take or omit to take any action that would cause the Bonds to be "arbitrage bonds" within the meaning of Section 148(a) of the Code. To that end, the City will comply with all requirements of Section 148 of the Code to the extent applicable to the Bonds. In the event that at any time the City is of the opinion that for purposes of this Section it is necessary to restrict or limit the yield on the investment of any moneys held by the City under the Resolution, the City shall take such action as may be necessary. Section 6. Further Authority. The Mayor, City Clerk and other City officials are hereby further authorized and directed to execute any and all documents and take such actions as they may deem necessary or advisable in order to issue the Bonds, and to make alterations, changes or additions in the foregoing agreements, statements, instruments and other documents herein authorized which they may approve. Section 7. Qualified Tax-Exempt Obligations. The Bonds are designated as "qualified tax-exempt obligations" for the purposes of Section 265(b)(3) of the Code.

- 4 -

ADOPTED by the governing body of the City on February 3, 2011. (SEAL)

Doyle Pearl, Mayor ATTEST: Maris K. Flerlage, City Clerk

ORDINANCE NO 1243

AN ORDINANCE AMENDING CHAPTER 17, ARTICLE 3, SECTION 17-319, RELATING TO SEWERS, BASIS FOR USER CHARGES; OF THE CODE OF THE CITY OF ST. MARYS, KANSAS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, POTTAWATOMIE COUNTY, KANSAS: Section 1. Section 17-319 shall be deleted in its entirety, and in its place shall be substituted the following: Sec. 17-319. BASIS FOR USER CHARGES. (a) The basis for the

monthly use charge shall be based on an average monthly metered water consumption. The first two obtainable actual water readings recorded during the months of December, January and February shall be used to establish an average water consumption as follows: If two actual readings cannot be obtained, the last actual reading and next available actual reading between the months of November and March shall be used in determining the average water consumption; except as stated in subsection (f).

(b) New users will be billed on an annually calculated average sewer charge, until a base is obtained as provided in subsection (a).

(c) An existing customer moving to a new location will retain their average that had been previously established, until a base is obtained as provided in subsection (a).

(d) When the city is unable to read the water meter, the water consumption shall be estimated by the city as equitably as possible.

(e) Any user whose premises are disconnected from the city's water system during the winter months (when the basis for use charges are determined), will have the previous year's monthly average consumption for the base monthly use charge. (f) Any user whose sewer rate increases by more than 100% and

$25, from their previous rate, except for those that had been paying the city average as established in subsection (b), shall upon written request receive an administrative review to determine if their sewer rate is appropriate. Changes made to any user’s sewer rate will become effective with the next regular billing cycle. (ORD952/032090, ORD1115/041701, ORD1173/110105, ORD1234/031610)

Section 2. This ordinance shall be considered amendatory and supplemental to the ordinance now in place, and shall not be construed to repeal or replace any other provision of said ordinance except those specifically identified herein. Section 3. This ordinance shall take effect and be in force after its publication in the official city newspaper. PASSED AND ADOPTED THIS 5th DAY OF APRIL, 2011, BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS. ________________________________ DOYLE PEARL, Mayor ATTEST: ________________________________ TORY JOST, City Clerk

ORDINANCE NO. 1244

AN ORDINANCE AMENDING CHAPTER 7, FIRE PROTECTION, ARTICLE 4 STORAGE OF FLAMMABLES, SECTION 7-403 ABOVE GROUND STORAGE TANKS, OF THE CODE OF THE CITY OF ST. MARYS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, POTTAWATOMIE COUNTY, KANSAS: Section 1. That Section 7-403 is hereby deleted and in its place the following be adopted and substituted as follows: All property owners within the legal boundaries of the City of St. Marys are prohibited from constructing, placing, or installing any storage facility of more than 100 pounds and/or 30 gallons capacity, above ground for flammable or combustible liquids, EXCEPT for land that is located in the General Commercial District (C-3), as defined in the Unified Development Code, and for which there has been a permit issued as may be required by the Kansas State Fire Marshall and the St. Marys Fire Chief has approved. Existing above ground tanks are exempt from this ordinance until replacement or repair of the storage facility is required. Section 2. This ordinance shall take effect and be in force after its publication in the official city newspaper. PASSED AND ADOPTED THIS 19TH DAY OF APRIL, 2011, BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS. __________________________ DOYLE PEARL,

Mayor


ORDINANCE NO. 1245 AN ORDINANCE AMENDING ZONING WITHIN THE JURISDICTION OF THE CITY OF ST. MARYS, KANSAS, BY INCORPORATING BY REFERENCE THE AMENDMENT OF CHAPTER ONE, ARTICLES 1 THROUGH 20, OF THE ST. MARYS UNIFIED DEVELOPMENT CODE, PURSUANT TO 18-303. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS: Section 1. AMENDMENT. That the Unified Development Code of the City of St. Marys as adopted in Section 18-301 of the Code of the City of St. Marys, Kansas, is hereby amended to read as follows: SECTION 18-301. ZONING REGULATIONS INCORPORATED. There are hereby incorporated by reference as if set out fully herein, the zoning regulation amendments adopted by the governing body of the City of St. Marys, Kansas, as prepared by the City, as to Chapter 1, Articles 1 through 20. The provisions therein shall be controlling within the area of jurisdiction of the City of St. Marys. All other provisions of the zoning regulation are not amended and remain as published and adopted. No fewer than three copies of the zoning regulations shall be filed with the city clerk to be open for inspection and available to the public at all reasonable business hours. Section 2. EFFECTIVE DATE. This ordinance shall take effect and be in force from and after its publication in the official city newspaper.

PASSED AND ADOPTED THIS 1st DAY OF NOVEMBER, 2011, BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS.

__________________________________ KEVIN WERICK, MAYOR ATTEST: __________________________________ APRIL R HUARACHA, CITY CLERK

ORDINANCE NO. 1246 AN ORDINANCE REGULATING TRAFFIC WITHIN THE CORPORATE LIMITS OF THE CITY OF ST. MARYS, KANSAS; INCORPORATING BY REFERENCE THE “STANDARD TRAFFIC ORDINANCE FOR KANSAS CITIES,” EDITION 2011, PROVIDING CERTAIN PENALTIES AND REPEALING ORDINANCE NO. 1236 AND ALL OTHER ORDINANCES IN CONFLICT HEREWITH. Be it Ordained by the Governing Body of the City of St. Marys, Kansas: Section 1. That section 16-101 to the Code of the City of St. Marys, Kansas, is hereby amended to read as follows: INCORPORATING STANDARD TRAFFIC ORDINANCE. There is hereby adopted and incorporated by reference a publication for the purpose of regulating traffic within the corporate limits of the city of St. Marys, Kansas, that is known as the “Standard Traffic Ordinance for Kansas Cities,” 2011 Edition, prepared and published by the League of Kansas Municipalities, Topeka, Kansas, except such articles, sections, parts or portions as are hereafter omitted, deleted, modified, or changed. Not less than three copies of said Standard Traffic ordinance shall be marked or stamped “Official Copy as adopted by Ordinance No. 1246” and shall be filed with the city clerk to be open to inspection and available to the public at all reasonable hours. The police department, municipal judge and all administrative departments of the city charged with enforcement of this article shall be supplied, at the cost of the city, such number of official copies of such Standard Traffic ordinance, similarly marked, as may be deemed necessary. Section 2. Section 51 of the above identified “Standard Traffic Ordinance for Kansas Cities” 2011 Edition is hereby amended to read in its totality as follows:




KEVIN WERICK MAYOR

ATTEST: _______________________ APRIL R. HUARACHA City Clerk






KEVIN WERICK MAYOR


ORDINANCE NO. 1248 AN ORDINANCE OF THE CITY OF ST. MARYS, KANSAS, ESTABLISHING EMERGENCY SNOW ROUTES, PROVIDING WHEN PARKING ON EMERGENCY SNOW ROUTES IS PROHIBITED, AND AUTHORIZING ANY VEHICLE PARKED ON AN EMERGENCY SNOW ROUTE DURING A SNOW EMERGENCY TO BE TOWED AT THE OWNER’S EXPENSE;


WHEREAS, the Governing Body of the City of St. Marys, Kansas, has determined that motor vehicles being parked on certain city streets and portions thereof during snow emergencies impedes snow removal efforts and creates a safety hazard.

SECTION 1. That for purposes of this ordinance the following definitions shall apply:

a) “Emergency Snow Route” shall mean and include Bertrand Avenue (US 24) from the west city limits to the east city limits, North Sixth Street (K63) from Bertrand Avenue to the north city limits, and South Sixth Street from Bertrand to the Transfer Station.

b) A “Snow Emergency” shall exist anytime when two (2) or more inches of snow, or 1/4” of ice, is forecasted to fall within a 24 hour period, by the National Weather Service, or when the St. Marys City Commission or City Manager so declare, and the emergency snow routes have not been plowed or otherwise cleared. The snow emergency ends when the St. Marys City Commission or City Manager has declared the streets open and the snow emergency terminated.

c) “Vehicle” means every device, licensed or unlicensed, upon or by which any person or property is or may be transported, whether such device be in running condition or not.

SECTION 2. Any vehicle parked on a street designated as an emergency snow route

may be towed by the City of St. Marys, its employees, agents or designees, and all expenses associated with towing and/or storing said vehicle shall be paid by the owner thereof.

a) Once a snow / ice emergency exists, the public must remove vehicles parked on the roadway within the city limits that have been designated as snow routes. Vehicles not removed shall be towed and the vehicle shall be released to the owner upon payment of all costs associated with the towing and storage and any fines or fees that maybe associated with the removal of the vehicle.

b) Signage declaring the roadways as emergency snow routes shall be posted by the City, on the designated routes.

SECTION 3. Removal of vehicles.

a) The City Manager, or designee, may have a vehicle removed from a location where a parking prohibition is in effect when:

1. The vehicle is parked in any location where a parking prohibition

is in effect pursuant to this ordinance;

2. The vehicle is stalled and the owner has not taken immediate action to have the vehicle removed to a place where there is not a parking prohibition in effect;

3. The vehicle is parked in violation of any parking ordinance or

provisions of law and is interfering with or about to interfere with snow removal or similar operations;

4. Prior to the vehicle being removed an attempt will be made to

contact the owner/operator of the vehicle. If contact is made the owner/operator will have 30 minutes to have the vehicle removed before the vehicle is towed;

5. The City of St. Marys, or its employees, shall not be liable for

damages occasioned by reason of the towing, removal or storage of such vehicle.

SECTION 4. PENALTIES. The penalty for violating this ordinance shall be as

follows: $25.00 for the first occurrence, $50.00 for the second occurrence and $75.00 for the third and any subsequent occurrence within a twelve month period, plus court costs.

SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect and be in force

from and after its publication in the St. Marys Star, the official city newspaper.

PASSED AND ADOPTED THIS 20th DAY OF DECEMBER, 2011, BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS.

__________________________________ KEVIN WERICK, MAYOR ATTEST: __________________________________ APRIL R HUARACHA, CITY CLERK

ORDINANCE NO. 1249 AN ORDINANCE OF THE CITY OF ST. MARYS, KANSAS, PROVIDING FOR THE REPEAL AND REENACTING OF CHAPTER 17 UTILITIES, OF THE CODE OF THE CITY OF ST. MARYS, KANSAS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS: Section 1. AMENDMENT. That Chapter 17 Utilities of the Code of the City of St. Marys, Kansas, as adopted by Ordinance No. 830, and as amended, is hereby repealed and in its place shall be substituted, as if set out fully herein, Chapter 17 Utilities, Articles 1 through 7, as approved by the governing body of the City of St. Marys, Kansas. The provisions therein shall be controlling within the area of jurisdiction of the City of St. Marys. All other provisions of the Code of the City of St. Marys, Kansas are not amended and remain as published and adopted. No fewer than three copies of the Code of the City of St. Marys, Kansas shall be filed with the City Clerk to be open for inspection and available to the public at all reasonable business hours. Section 2. EFFECTIVE DATE. This ordinance shall take effect and be in force after its publication in the official city newspaper concurrent with the February billing date. PASSED AND ADOPTED THIS 3rd DAY OF JANUARY, 2012, BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS.

__________________________________ CHRIS MCINTEER, VICE-MAYOR ATTEST: __________________________________ MARIS K FLERLAGE ACTING CITY CLERK

ORDINANCE NO. 1250 AN ORDINANCE OF THE CITY OF ST. MARYS, KANSAS, PROVIDING FOR THE REPEAL AND REENACTING OF CHAPTER 14 PUBLIC PROPERTY, OF THE CODE OF THE CITY OF ST. MARYS, KANSAS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS: Section 1. AMENDMENT. That Chapter 14 Public Property of the Code of the City of St. Marys, Kansas, as adopted by Ordinance No. 830, and as amended, is hereby repealed and in its place shall be substituted, as if set out fully herein, Chapter 14 Public Property, Articles 1 through 5, as approved by the governing body of the City of St. Marys, Kansas. The provisions therein shall be controlling within the area of jurisdiction of the City of St. Marys. All other provisions of the Code of the City of St. Marys, Kansas are not amended and remain as published and adopted. No fewer than three copies of the Code of the City of St. Marys, Kansas shall be filed with the City Clerk to be open for inspection and available to the public at all reasonable business hours. Section 2. EFFECTIVE DATE. This ordinance shall take effect and be in force after its publication in the official city newspaper. PASSED AND ADOPTED THIS 23rd DAY OF FEBRUARY, 2012, BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS.

__________________________________ KEVIN WERICK, MAYOR ATTEST: __________________________________ APRIL HUARACHA, CITY CLERK

ORDINANCE NO. 1251

AN ORDINANCE AMENDING ORDINANCE 1084 WHICH ADOPTED THE “OFFICIAL COMPREHENSIVE PLAN OF THE CITY OF ST. MARYS, 1997.” THIS ORDINANCE REPLACES CHAPTER 4, LAND USE. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, POTTAWATOMIE COUNTY, KANSAS: Section 1. Chapter 4, of Ordinance 1084 is hereby deleted in its entirety. Section 2. That the substituted Chapter 4 as approved by the Planning Commission on February 15, 2010 and further approved by the City Commission on February 23, 2012 shall be replaced in its entirety as if fully set out therein and incorporated by reference each and every section. Section 3. This ordinance shall take effect and be in force after its publication in the official city newspaper. PASSED AND ADOPTED THIS 6TH DAY OF MARCH, 2012, BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS. __________________________ KEVIN WERICK,

Mayor

ATTEST: ______________________ APRIL HUARACHA City Clerk

ORDINANCE NO. 1252 AN ORDINANCE REGULATING TRAFFIC WITHIN THE CORPORATE LIMITS OF THE CITY OF ST. MARYS, KANSAS; INCORPORATING BY REFERENCE THE “STANDARD TRAFFIC ORDINANCE FOR KANSAS CITIES,” 40TH EDITION, 2012, PROVIDING CERTAIN PENALTIES AND REPEALING ORDINANCE NO. 1246 AND ALL OTHER ORDINANCES IN CONFLICT HEREWITH. Be it Ordained by the Governing Body of the City of St. Marys, Kansas: Section 1. That section 16-101 to the Code of the City of St. Marys, Kansas, is hereby amended to read as follows: INCORPORATING STANDARD TRAFFIC ORDINANCE. There is hereby adopted and incorporated by reference a publication for the purpose of regulating traffic within the corporate limits of the city of St. Marys, Kansas, that is known as the “Standard Traffic Ordinance for Kansas Cities,” 40TH Edition, 2012, prepared and published by the League of Kansas Municipalities, Topeka, Kansas, except such articles, sections, parts or portions as are hereafter omitted, deleted, modified, or changed. Not less than three copies of said Standard Traffic ordinance shall be marked or stamped “Official Copy as adopted by Ordinance No. 1252” and shall be filed with the city clerk to be open to inspection and available to the public at all reasonable hours. The police department, municipal judge and all administrative departments of the city charged with enforcement of this article shall be supplied, at the cost of the city, such number of official copies of such Standard Traffic ordinance, similarly marked, as may be deemed necessary. Section 2. Section 51 of the above identified “Standard Traffic Ordinance for Kansas Cities,” 40TH Edition, 2012, is hereby amended to read in its totality as follows:



PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS this 5TH day of September, 2012. CITY OF ST. MARYS, KANSAS _________________________

CHRIS MCINTEER MAYOR


ORDINANCE NO. 1253 AN ORDINANCE REGULATING PUBLIC OFFENSES WITHIN THE CORPORATE LIMITS OF THE CITY OF ST. MARYS, KANSAS; INCORPORATING BY REFERENCE THE “UNIFORM PUBLIC OFFENSE CODE FOR KANSAS CITIES,” 28TH EDITION, 2012, AND REPEALING ORDINANCE NO. 1247 AND ALL OTHER ORDINANCES IN CONFLICT HEREWITH. Be it Ordained by the Governing Body of the City of St. Marys, Kansas: Section 1. That section 13-101 to the Code of the City of St. Marys, Kansas, is hereby amended to read as follows:

UNIFORM ORDINANCE INCORPORATED. There is hereby incorporated by reference the Uniform Public Offense Code for Kansas Cities, 28TH Edition, 2012, prepared and published by the League of Kansas Municipalities, with all sections or portions thereof intended to be omitted or changed clearly marked to show any such omission or change. No fewer than three copies of the Uniform Public Offense Code shall be marked or stamped “Official Copy as adopted by Ordinance No. 1253” and filed with the city clerk to be open to inspection and available to the public at all reasonable hours. The police department, municipal judge and all administrative departments of the city charged with enforcement of this article shall be supplied, at cost of the city, any number of official copies of such uniform code, similarly marked, as may be deemed necessary.




CHRIS MCINTEER MAYOR


ORDINANCE NO. 1254

AN ORDINANCE REZONING SEVERAL TRACTS OF LAND FROM A-1, AGRICULTURAL ZONING DISTRICT, TO R-2, TWO FAMILY RESIDENTIAL DISTRICT, IN THE CITY OF ST. MARYS, POTTAWATOMIE COUNTY, KANSAS, AND ALTERING THE ZONING MAP ACCORDINGLY.

WHEREAS, the Planning Commission proposed that certain changes be made to the below described tracts of land, and to the Zone Classification map, and, WHEREAS, a notice of public hearing indicating said proposed changes was published in the “St. Marys Star” on October 17, 2012, as provided by law, and WHEREAS, the Planning Commission on November 12, 2012, held a public hearing; and WHEREAS, the Planning Commission did vote to recommend that the Governing Body make certain changes as set out in the notice of hearing. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS: SECTION 1. That the following described properties, which are located to the southwest of the intersection of Palmer Street and South Tenth Street, are hereby rezoned from A-1, Agricultural Zoning District, to R-2, Two Family Residential District

1. Block A, lots 1, 2, and 3 of the Fox Subdivision, 2. Block C, lots 6, 7, 8, 9, and 10 of the Zemek Subdivision, 3. Block D, lots 2, 3, and 4 of the Zemek Subdivision, and

SECTION 2. The Official Zoning District Map for the City of St. Marys, Kansas is hereby amended accordingly. SECTION 3. This ordinance shall take effect and be in force from and after its passage and publication in the official city newspaper. PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS THIS 20th DAY OF NOVEMBER, 2012. _________________________

CHRIS McINTEER Mayor

ATTEST: _______________________ APRIL HUARACHA City Clerk

ORDINANCE NO. 1255

AN ORDINANCE ADOPTING THE ZONING MAP OF THE CITY OF ST. MARYS, KANSAS, WHICH SETS FORTH THE ZONES AND DISTRICTS FOR THE PURPOSE OF THE ST. MARYS UNIFIED DEVELOPMENT CODE. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS: Section 1. AMENDMENT. Having conducted the prerequisite public hearing on Monday, November 12, 2012, that Section 18-302 of the Code of the City of St. Marys, Kansas is hereby amended to read as follows: SECTION 18-302. DISTRICT MAP – The map setting forth the boundaries of the zones or districts as submitted by the Planning Commission is herewith adopted, and shall be marked “Official Copy 2012 #1 of zoning district map incorporated into zoning regulations by adoption of an ordinance by the governing body of the city on the 4th day of December, 2012,” as provided by law.

SECTIONS 18-302 (b) (1) and (b) (2) are hereby repealed. Section 2. EFFECTIVE DATE. This ordinance shall take effect and be in force from and after its publication in the official city newspaper. PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS THIS 20TH DAY OF NOVEMBER, 2012. CITY OF ST. MARYS, KANSAS

_________________________ CHRIS McINTEER Mayor


ORDINANCE NO. 1256 AN ORDINANCE TO AMEND CHAPTER I, ARTICLE 13 INDUSTRIAL ZONING DISTRICTS, SECTION 13.100.1 OF THE UNIFIED DEVELOPMENT CODE OF THE CITY OF ST. MARYS, KANSAS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS: Section 1. AMENDMENT. Having conducted the prerequisite public hearing on Monday, November 12, 2012, that Chapter 1, Article 13 Industrial Zoning Districts, of the Unified Development Code, is hereby amended to read as follows:

Section 13.100.1 Purpose and Intent. The I-1 Light Industrial District is intended primarily for light industry; warehousing, distributing, fabricating, processing, assembly of goods and products, office and research facilities, and all uses permitted in C-3, General Commercial District 12.102. The activities found in this district are typically conducted so that noise, odor, dust, and glare are confined within the district.

Section 2. EFFECTIVE DATE. This ordinance shall be published once in the official city newspaper and upon publication will be in full force and effect. PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS THIS 20TH DAY OF NOVEMBER, 2012. CITY OF ST. MARYS, KANSAS _________________________

CHRIS McINTEER Mayor


ORDINANCE NO. 1257

AN ORDINANCE TO AMEND CHAPTER I, ARTICLE 3 ADMINISTRATION, SECTION 3.100.4b OF THE UNIFIED DEVELOPMENT CODE OF THE CITY OF ST. MARYS, KANSAS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS: Section 1. AMENDMENT. Having conducted the prerequisite public hearing on Monday, November 12, 2012, that Chapter 1, Article 3. Administration, of the Unified Development Code of the City of St. Marys, Kansas hereby reads as follows:

Section 3.100.4b All meetings {other than special meetings} of the Planning Commission shall be held on the 2nd and 4th Monday of each month at 7:00 PM. When there is no official agenda, a meeting may be canceled at the discretion of the Chair. The Chair, or the Vice Chair in his/her absence, shall have the power to call any special meetings, or to change a meeting time or place following public notification. Meetings shall generally be conducted in accord with Roberts Rules of Order.

Section 2. EFFECTIVE DATE. This ordinance will be published once in the official city newspaper and upon publication will be in full force and effect. PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS THIS 20TH DAY OF NOVEMBER, 2012.


_____________________________ CHRIS McINTEER, Mayor

ATTEST: _______________________ APRIL HUARACHA, City Clerk

ORDINANCE NO. 1258

AN ORDINANCE TO AMEND CHAPTER VII, ARTICLE 1 FIRE DEPARTMENT, SECTION 7-102 VOLUNTEER MEMBERS; MEETINGS, OF THE CODE OF THE CITY OF ST. MARYS, KANSAS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS: Section 1. That Section 7-102 of the Code of the City of St. Marys, Kansas is amended to reads as follows:

Section 7.102 VOLUNTEER MEMBERS; MEETINGS. (a) Members of the fire department shall be volunteers. They shall meet at least once each month for practice and drill. The chief shall keep a record of attendance of such meetings. Any member, who shall fail to attend six consecutive meetings, shall automatically become expelled from membership. (b) The salary of the chief shall be paid monthly at a rate of three hundred ($300) dollars per month. (c) The salary of the assistant chiefs and the secretary/treasurer shall be paid monthly at a rate of seventy-five ($75) dollars per month. (d) An active roster member, who is defined as a member that attends over 50% of all regularly scheduled meetings/drills during each pay period, shall receive as compensation for their attendance at said meetings/drills at a rate of $12.50 per meeting/drill, and a rate of $12.50 per hour per fire call. Members that are not active roster members shall be compensated for their attendance a rate of $10.00 per meeting/drill and for fires a rate of $10.00 per hour per fire call.

Section 2. EFFECTIVE DATE. This ordinance will be published once in the official city newspaper and upon publication will be in full force and effect. PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS THIS 5TH DAY OF MARCH, 2013.

CITY OF ST. MARYS, KANSAS _____________________________ CHRIS McINTEER, Mayor

ATTEST: _______________________ APRIL HUARACHA, City Clerk

ORDINANCE NO. 1260

AN ORDINANCE AMENDING CHAPTER XIII, ARTICLE 2 LOCAL REGULATIONS, ADDING SECTION 13-207 PICKETING OF RELIGIOUS EVENTS, OF THE CODE OF THE CITY OF ST. MARYS, KANSAS.


Section 1. Definitions. (A) The following words and phrases, when used in this section, shall have the meanings respectively ascribed to them:

a) “Announced religious event” means a religious event regarding which the public has been provided notice of the beginning time and of the duration or ending time of such event by the conspicuous posting of a sign on the property where the event is to be held or by announcement in a newspaper regularly printed on at least a weekly basis within the city or by other official publications including but not limited to the official website of the house of worship or the official bulletin of the same.

b) “Focused picketing” means standing or sitting or walking in a repeated manner past or around a house of worship, by one or more persons while carrying a banner, placard, or sign.

c) “House of worship” means any church, synagogue, mosque, or other structure that is regularly used for the exercise of religious beliefs.

d) “Religious event” means any scheduled worship service, wedding, funeral rite, memorial service for the dead, or other observance of a religious sacrament, ritual, ceremony or celebration that takes place at a house of worship or on the property where a house of worship is situated.

Section 2. Unlawful Acts. (B) It is unlawful for any person to engage in focused picketing, during the time period from one-half hour prior to the beginning time of an announced religious event until one-half hour after the ending time of the event, on public property at any of the following locations:

a) On the sidewalk adjoining the property on which a house of worship is situated; or

b) In the street or roadway adjoining or adjacent to the property on which a house of worship is situated; or

c) On the public area between the house of worship and an adjoining or adjacent street or roadway, including but not limited to the curb, drainage, or area between the street and sidewalk (if a sidewalk exists) commonly referred to as the “parking” or “easement”; or

d) On any public property within 50 feet of the property line on which a house of worship is situated, if any entrance to the house of worship is located on that side of the property.

Section 3. Penalty. (C) Any person violating this section may be punished by:

a) A fine of not more than $499.00;

b) Imprisonment in jail for not more than 179 days; or

c) Both such fine and imprisonment not to exceed the limits set out in subsections (a) and (b) of this section.

Section 4. EFFECTIVE DATE. This ordinance will be published once in the official city newspaper and upon publication will be in full force and effect.

PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS THIS 18th DAY OF JUNE, 2013.


_____________________________ JOE BRYAN,

Mayor ATTEST: _______________________ APRIL HUARACHA, City Clerk

ORDINANCE NO. 1261

AN ORDINANCE REZONING TWO TRACTS OF LAND FROM I-2, GENERAL INDUSTRIAL ZONING DISTRICT, TO C-3, GENERAL COMMERCIAL ZONING DISTRICT, IN THE CITY OF ST. MARYS, POTTAWATOMIE COUNTY, KANSAS, AND ALTERING THE ZONING MAP ACCORDINGLY. WHEREAS, the Planning Commission of the City of St. Marys, Kansas, at a meeting held on June 10, 2013, recommended the rezoning of two tracts of land, hereinafter described, from I-2, General Industrial Zoning District to C-3, General Commercial Zoning District, in the City of St. Marys, Kansas; and

WHEREAS, the Planning Commission proposed that certain changes be made to the

below described tracts of land, and to the Zone Classification map, and, WHEREAS, a notice of public hearing indicating said proposed changes were published in the “St. Marys Star” on May 15, 2013, as provided by law, and WHEREAS, the Planning Commission on June 10, 2013, held a public hearing; and WHEREAS, the Planning Commission did vote to recommend that the Governing Body make certain changes as set out in the notice of hearing. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS: SECTION 1. That the following described property (Tracts 7 & 9) are hereby rezoned from I-2, General Industrial Zoning District to C-3, General Commercial Zoning District : LEGAL DESCRIPTION: Generally located at 717 West Bertrand, in St. Marys, Kansas. More specifically: see Exhibit A attached. SECTION 2. The Official Zoning District Map for the City of St. Marys, Kansas is hereby amended accordingly. SECTION 3. This ordinance shall take effect and be in force from and after its passage and publication in the official city newspaper. PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS THIS 18th DAY OF JUNE, 2013. _________________________

JOE BRYAN Mayor


Exhibit A Rezone

717 West Bertrand Legal Description

Legal Descriptions: Tract No. 7: That part of West Half of the West Half of Northwest Quarter of Section 10, -Township 10 South, Range 12 East of the 6th P.M., lying South of the Right-of-Way of the Union Pacific Railroad, in Pottawatomie County, Kansas. LESS a tract of land commencing at the Southeast corner of the Northeast Quarter of Section 9, Township 10 Range 12 thence East along the East and West Quarter Section line of Section 10, Township 10, Range 12 a distance of 39.02 feet, thence North 56 degrees 10 minutes West a distance of 225.63 feet to the easterly side of Eighth Street in the City of St. Marys, thence Southwesterly along the Easterly side of said Eighth Street to the Southwest corner of our present property line, thence Easterly parallel with the Southerly line of Bertrand Street in the City of St. Marys to a point intersecting the East and West Quarter Section line of said Section 9, thence East along said East and West Quarter Section line of said Section 9 to the point of beginning. Tract No. 9: Commencing at the quarter section corner between Section 9 and 10, Township 10 Range 12 East, and running thence West 187 feet along the North side of public Road, which public road is a continuation of Bertrand Avenue in the City of St. Marys, Pottawatomie County, Kansas, Westerly running thence Northerly 89 feet to the South line of the Union Pacific Rail Road land thence easterly along the South line of the Union Pacific Rail Road land 150 feet, running thence South 89 feet along the East line of the Southeast Quarter of the Northeast Quarter of Section 9, in Township 10, Range 12 to the place of beginning, all being in the SE1/4 of the NE1/4 of Section 9, Township 10, Range 12. LESS a tract of land commencing at the Southeast corner of the Northeast Quarter of Section 9, Township 10, Range 12 thence East along the East and West Quarter Section line of Section 10, Township 10, Range 12 a distance of 39.02 feet, thence North 56 degrees 10 minutes West a distance of 225.63 feet to the Easterly side of Eighth Street in the City of St. Marys, thence Southwesterly along the Easterly side of said Eighth Street to the Southwest corner of our present property line thence Easterly parallel with the Southerly line of Bertrand Street in the City of St. Marys to a point intersecting the East and West Quarter Section line of said Section 9, thence East along said East and West Quarter Section line of said Section 9 to the point beginning.

ORDINANCE NO. 1262

AN ORDINANCE PROHIBITING THE HUNTING OF WILDLIFE IN THE CITY OF ST. MARYS, SETTING A PENALTY FOR VIOLATION. BE IT ORDAINED BY THE CITY COMMISSION OF ST. MARYS, KANSAS: SECTION 1. It is unlawful and punishable as provided under this ordinance for any person to kill, shoot at, or otherwise hunt wildlife in the City of St. Marys with a handgun, shotgun, rifle, bow and arrow, or any other weapon or means whatsoever. SECTION 2. Any person found guilty of violating Section 1 of this ordinance shall be fined not less than $1 or more than $500.00. Any person found guilty of violating Section 1 of this ordinance for a second offense, and every offense thereafter, shall be fined not less than $501 or more than $750.00, or imprisonment for not more than 30 days, or both fine and imprisonment. SECTION 3. This ordinance shall take effect and be in force from and after its passage and publication in the official city newspaper. PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS THIS 20th DAY OF AUGUST, 2013.

_________________________ JOE BRYAN Mayor


1

ORDINANCE NO. 1263

AN ORDINANCE GRANTING CONDITIONAL USE FOR PROPERTY WITHIN THE CITY OF ST. MARYS, POTTAWATOMIE COUNTY, KANSAS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS: Section 1. CONDITIONAL USE. Within the General Commercial Business District (C-

3), having a common address of 717 West Bertrand Avenue, St. Marys, Pottawatomie County, Kansas. By the action of the City, a “conditional use” is approved for the purpose of storing and distributing petroleum products, subject to the conditions established by the Planning Commission.

Section 2. CONDITIONS ESTABLISHED BY THE PLANNING COMMISSION. None. Section 3. Legal Description:

Tract No. 7: That part of West Half of the West Half of Northwest Quarter of Section 10, -Township 10 South, Range 12 East of the 6th P.M., lying South of the Right-of-Way of the Union Pacific Railroad, in Pottawatomie County, Kansas. LESS a tract of land commencing at the Southeast corner of the Northeast Quarter of Section 9, Township 10 Range 12 thence East along the East and West Quarter Section line of Section 10, Township 10, Range 12 a distance of 39.02 feet, thence North 56 degrees 10 minutes West a distance of 225.63 feet to the easterly side of Eighth Street in the City of St. Marys, thence Southwesterly along the Easterly side of said Eighth Street to the Southwest corner of our present property line, thence Easterly parallel with the Southerly line of Bertrand Street in the City of St. Marys to a point intersecting the East and West Quarter Section line of said Section 9, thence East along said East and West Quarter Section line of said Section 9 to the point of beginning.

Tract No. 9: Commencing at the quarter section corner between Section 9 and 10, Township 10 Range 12 East, and running thence West 187 feet along the North side of public Road, which public road is a continuation of Bertrand Avenue in the City of St. Marys, Pottawatomie County, Kansas, Westerly running thence Northerly 89 feet to the South line of the Union Pacific Rail Road land thence easterly along the South line of the Union Pacific Rail Road land 150 feet, running thence South 89 feet along the East line of the Southeast Quarter of the Northeast Quarter of Section 9, in Township 10, Range 12 to the place of beginning, all being in the SE1/4 of the NE1/4 of Section 9, Township 10, Range 12. LESS a tract of land commencing at the Southeast corner of the Northeast Quarter of Section 9, Township 10, Range 12 thence East along the East and West Quarter Section line of Section 10, Township 10, Range 12 a distance of 39.02 feet, thence North 56 degrees 10 minutes West a distance of 225.63 feet to the Easterly side of Eighth Street in the City of St. Marys, thence Southwesterly along the Easterly side of said Eighth Street to the Southwest corner of our present property line thence Easterly parallel with the Southerly line of Bertrand Street in the City of St. Marys to a point intersecting the East and West Quarter Section line of said Section 9, thence East along said East and West Quarter Section line of said Section 9 to the point beginning.

2


PASSED AND ADOPTED THIS 4TH DAY OF SEPTEMBER, 2013, BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS. _________________________

JOE BRYAN Mayor


ORDINANCE NO. 1264 AN ORDINANCE AMENDING ORDINANCE 1249 WHICH ADOPTED CHAPTER 17 UTILITIES, OF THE CODE OF THE CITY OF ST. MARYS, KANSAS. THIS ORDINANCE REPLACES ARTICLE 3. ELECTRIC UTILITY BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS: Section 1. AMENDMENT. That Chapter 17, Article 3 Electric Utility of the Code of the City of St. Marys, Kansas, as adopted by Ordinance No. 1249, and as amended, is hereby repealed and in its place shall be substituted, as if set out fully herein, Chapter 17, Article 3 Electric Utility, as approved by the governing body of the City of St. Marys, Kansas. The provisions therein shall be controlling within the area of jurisdiction of the City of St. Marys. All other provisions of the Code of the City of St. Marys, Kansas are not amended and remain as published and adopted. No fewer than three copies of the Code of the City of St. Marys, Kansas shall be filed with the City Clerk to be open for inspection and available to the public at all reasonable business hours. Section 2. EFFECTIVE DATE. This ordinance shall take effect and be in force after its publication in the official city newspaper concurrent with the November billing date. PASSED AND ADOPTED THIS 15th DAY OF OCTOBER, 2013, BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS.

__________________________________ JOE BRYAN, MAYOR ATTEST: __________________________________ APRIL HUARACHA, CITY CLERK

ORDINANCE NO. 1265

AN ORDINANCE TO AMEND CHAPTER XIV PUBLIC PROPERTY, ARTICLE 5. GOLF COURSE ADVISORY BOARD, SECTION 14-501 OF THE CODE OF THE CITY OF ST. MARYS, KANSAS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS:

1. That Section 14-501 of the Code of The City of St. Marys, Kansas hereby reads as follows: 14-501. CREATED. That the city hereby establishes a golf course advisory

board. The golf course advisory board shall consist of five (5) members, appointed by the mayor, with the concurrence of the St. Marys City Commission. Appointments, upon the expiration of the term, shall be for a three (3) year period. Any vacancy occasioned shall be filled for the unexpired term of the individual for which the appointment is made. Appointments to the Board shall be made in conformance with the governing body’s Appointment Resolution No. 01-09. All golf course advisory board members must be and remain a qualified elector of the City of St. Marys.

2. This ordinance will be published once in the official city newspaper and upon publication will be in full force and effect. PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS this 19th DAY OF NOVEMBER, 2013.


_____________________________ JOE BRYAN, MAYOR

ATTEST: ________________________________ APRIL HUARACHA, CITY CLERK

ORDINANCE NO. 1266

AN ORDINANCE AMENDING ARTICLE 1, SECTION 17-103 OF CHAPTER 17, “UTILITIES,” OF THE CODE OF THE CITY OF ST. MARYS, KANSAS; RELATING TO SERVICE CONNECTIONS REQUIRED, WITHIN THE CITY OF ST. MARYS, KANSAS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS: Section 1. AMENDMENT. That Section 17-103(e) of the Ordinances of the City of St. Marys, Kansas is hereby added and read as follows:

e) A request for any utility service(s) for property located within the city limits shall automatically constitute a request for refuse service, except as exempted in Section 17-516 and/or Section 17-517. Termination of the requested utility service(s) shall automatically terminate refuse service. The absence of public water and/or electric service shall not relieve any owner or occupant of any dwelling or any commercial structure, from the responsibility of complying with the provisions of this chapter.

Section 2. EFFECTIVE DATE. This ordinance shall take effect and be in force from and after its publication in the official city newspaper. PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS this 1st day of April 2014.

__________________________ JOE BRYAN, Mayor

ATTEST: _____________________________ APRIL HUARACHA, City Clerk

ORDINANCE NO. 1267

AN ORDINANCE AMENDING CHAPTER 17, ARTICLE 1, SECTION 17-105d and 17-105m, RELATING TO UTILITY BILLS/DELINQUENT ACCOUNTS; OF THE CODE OF THE CITY OF ST. MARYS, KANSAS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, POTTAWATOMIE COUNTY, KANSAS: Section 1. Section 17-105d shall be deleted in its entirety, and in its place shall be substituted the following:

d) If the account is not paid in full by the date due, a late payment charge of seven percent (7%) of the amount due shall be added to the delinquent amount and a second notice shall be mailed. Failure to pay the delinquent balance within ten (10) days, of the date of the notice, will begin the process of the termination of utility service(s). If the account remains delinquent, notice is given by personal service to the customer stating that payment by cash or money order must be received by 9:00 a.m. the next business day, or the utility service(s) will be disconnected. Payments received that are not in compliance with this subsection, shall be refused.

However, if an account has been assessed a late payment charge, as described above, the account holder may submit a Fee Waiver Request Form to request the late payment charge be waived, if the following conditions are met:

1) There has been at least one continuous year of account history. 2) There have been no additional late payment charges or waivers within the

previous twelve consecutive months on the account. 3) The account is paid in full (less the late payment charge) at the time of

application for the waiver.

If all conditions above are met, a one-time late payment waiver will be granted on that account. If an account is not eligible for a late payment waiver as described above, the account holder may be eligible for a one-time late payment waiver via the Auto Pay program, as described below:

1) Complete both the Auto Pay and Fee Waiver Request Form. 2) There have been no additional late payment charges or waivers within the

previous twelve consecutive months on the account. 3) Commit to remaining in the Auto Pay program for at least one year. 4) The account is paid in full (less the late payment charge) at the time of application for the waiver.

Section 2. Section 17-105m shall be deleted in its entirety, and in its place shall be substituted the following:

m) Inactive accounts that continue to carry a balance will accumulate penalty charges in the amount required to maintain and/or collect the outstanding balance.

Section 3. This ordinance shall be considered amendatory and supplemental to the ordinance now in place, and shall not be construed to repeal or replace any other provision of said ordinance except those specifically identified herein. Section 4. This ordinance shall take effect and be in force after its publication in the official city newspaper. PASSED AND ADOPTED THIS 15th DAY OF APRIL, 2014, BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS. ________________________________ JOE BRYAN, Mayor ATTEST: ________________________________ APRIL HUARACHA, City Clerk

ORDINANCE NO. 1268

AN ORDINANCE AMENDING ARTICLE 5, SECTION 17-514(c) OF CHAPTER 17, “UTILITIES,” OF THE CODE OF THE CITY OF ST. MARYS, KANSAS; RELATING TO REFUSE SERVICE CHARGES. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS: Section 1. AMENDMENT. That Section 17-514(c) of the Ordinances of the City of St. Marys, Kansas is hereby amended and reads as follows:

c) Rural residential refuse service charge per calendar month, as established by Resolution of the St. Marys City Commission, shall be levied against each dwelling unit for the disposal of refuse. Rural residential refuse customer’s fees are collected semi-annually, with due dates of June 1st, and December 1st; or billed monthly as per Section 17-105. Rural commercial semi-annual permits are not allowed. The rural customer is responsible for hauling their solid waste to the city transfer station and the permit is non-transferable. Moreover, any rural residential refuse customer that does not maintain continuous refuse service with the city must provide proof, such as receipts, that they had used another regularly scheduled refuse service provider during the interim. Anyone failing to provide sufficient proof shall be assessed a resumption of service fee as determined by the city manager.

Section 2. EFFECTIVE DATE. This ordinance shall take effect and be in force from and after its publication in the official city newspaper. PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS this 15th day of April 2014.

__________________________ JOE BRYAN, Mayor


ORDINANCE NO. 1269 AN ORDINANCE AMENDING THE CITY CODE OF ST. MARYS, KANSAS, BY DELETING LANGUAGE FROM THE BELOW DESCRIBED CHAPTERS AND SECTIONS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS THAT: SECTION 1. Chapter 2, Section 2-106 Cruelty to Animals, is hereby deleted.

SECTION 2. Chapter 2, Section 2-219 Dog Fighting, is hereby deleted. SECTION 3. Chapter 3, Section 3-207 Consumption in Public Places, is hereby deleted. SECTION 4. Chapter 6, Article 2 Weather Spotters, is hereby deleted. SECTION 5. Chapter 7, Section 7-110 False Fire Alarm, is hereby deleted. SECTION 6. Chapter 11, Section 11-203 May Deposit License, is hereby deleted. SECTION 7. Chapter 11, Section 11-204 Same; Failure to Appear, is hereby deleted. SECTION 8. Chapter 15, Section 15-111 Blocking Crossing, is hereby deleted. SECTION 9. Chapter 15, Section 15-112 Same; Each Event, is hereby deleted. SECTION 10. Chapter 15, Section 15-113 Same; Penalty, is hereby deleted. SECTION 11. Chapter 16, Section 16-205 Street Sweeping, is hereby deleted. SECTION 12. EFFECTIVE DATE. This ordinance shall take effect and be in force from and after its publication in the official city newspaper. PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS this 1st day of April 2014.

__________________________

JOE BRYAN, Mayor


ORDINANCE NO. 1270 AN ORDINANCE REGULATING PUBLIC OFFENSES WITHIN THE CORPORATE LIMITS OF THE CITY OF ST. MARYS, KANSAS; INCORPORATING BY REFERENCE THE “UNIFORM PUBLIC OFFENSE CODE FOR KANSAS CITIES,” 30TH EDITION, 2014, AND REPEALING ORDINANCE NO. 1253 AND ALL OTHER ORDINANCES IN CONFLICT HEREWITH. Be it Ordained by the Governing Body of the City of St. Marys, Kansas: Section 1. That section 13-101 to the Code of the City of St. Marys, Kansas, is hereby amended to read as follows:

UNIFORM ORDINANCE INCORPORATED. There is hereby incorporated by reference the Uniform Public Offense Code for Kansas Cities, 30TH Edition, 2014, prepared and published by the League of Kansas Municipalities, with all sections or portions thereof intended to be omitted or changed clearly marked to show any such omission or change. No fewer than three copies of the Uniform Public Offense Code shall be marked or stamped “Official Copy as adopted by Ordinance No. 1270” and filed with the city clerk to be open to inspection and available to the public at all reasonable hours. The police department, municipal judge and all administrative departments of the city charged with enforcement of this article shall be supplied, at cost of the city, any number of official copies of such uniform code, similarly marked, as may be deemed necessary.



PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS this 3rd day of September, 2014. CITY OF ST. MARYS, KANSAS _________________________

JOE BRYAN MAYOR


ORDINANCE NO. 1271 AN ORDINANCE REGULATING TRAFFIC WITHIN THE CORPORATE LIMITS OF THE CITY OF ST. MARYS, KANSAS; INCORPORATING BY REFERENCE THE “STANDARD TRAFFIC ORDINANCE FOR KANSAS CITIES,” 42nd EDITION, 2014, PROVIDING CERTAIN PENALTIES AND REPEALING ORDINANCE NO. 1252 AND ALL OTHER ORDINANCES IN CONFLICT HEREWITH. Be it Ordained by the Governing Body of the City of St. Marys, Kansas: Section 1. That section 16-101 to the Code of the City of St. Marys, Kansas, is hereby amended to read as follows: INCORPORATING STANDARD TRAFFIC ORDINANCE. There is hereby adopted and incorporated by reference a publication for the purpose of regulating traffic within the corporate limits of the city of St. Marys, Kansas, that is known as the “Standard Traffic Ordinance for Kansas Cities,” 42nd Edition, 2014, prepared and published by the League of Kansas Municipalities, Topeka, Kansas, except such articles, sections, parts or portions as are hereafter omitted, deleted, modified, or changed. Not less than three copies of said Standard Traffic ordinance shall be marked or stamped “Official Copy as adopted by Ordinance No. 1271” and shall be filed with the city clerk to be open to inspection and available to the public at all reasonable hours. The police department, municipal judge and all administrative departments of the city charged with enforcement of this article shall be supplied, at the cost of the city, such number of official copies of such Standard Traffic ordinance, similarly marked, as may be deemed necessary. Section 2. Section 51 of the above identified “Standard Traffic Ordinance for Kansas Cities,” 42nd Edition, 2014, is hereby amended to read in its totality as follows:



PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS this 3rd day of September, 2014. CITY OF ST. MARYS, KANSAS _________________________

JOE BRYAN MAYOR


ORDINANCE NO. 1272 AN ORDINANCE AMENDING ZONING WITHIN THE JURISDICTION OF THE CITY OF ST. MARYS, KANSAS, BY INCORPORATING BY REFERENCE THE AMENDMENT OF CHAPTER TWO, ARTICLES 1 THROUGH 7, OF THE ST. MARYS UNIFIED DEVELOPMENT CODE, PURSUANT TO 18-303. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS: Section 1. AMENDMENT. That the Unified Development Code of the City of St. Marys as adopted in Chapter 18, Article 3., Section 18-301 of the Code of the City of St. Marys, Kansas, is hereby amended to read as follows: SECTION 18-301. ZONING REGULATIONS INCORPORATED. There are hereby incorporated by reference as if set out fully herein, the zoning regulation amendments adopted by the governing body of the City of St. Marys, Kansas, as prepared by the City, as to Chapter 2, Subdivision Regulations, Articles 1 through 7. The provisions therein shall be controlling within the area of jurisdiction of the City of St. Marys. All other provisions of the zoning regulation are not amended and remain as published and adopted. No fewer than three copies of the zoning regulations shall be filed with the city clerk to be open for inspection and available to the public at all reasonable business hours. Section 2. EFFECTIVE DATE. This ordinance shall take effect and be in force from and after its publication in the official city newspaper.

PASSED AND ADOPTED THIS 16TH DAY OF SEPTEMBER, 2014, BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS.

__________________________________ JOE BRYAN, MAYOR ATTEST: __________________________________ APRIL HUARACHA, CITY CLERK

1

ORDINANCE NO. 1273 AN ORDINANCE AMENDING §10.6 OF THE 2014 UNIFORM PUBLIC OFFENSE CODE, ADOPTED BY REFERENCE BY THE CITY OF ST. MARYS, KANSAS, RELATED TO THE UNLAWFUL OPERATION OF AIR GUNS, AIR RIFLES, BOWS AND ARROWS, CROSSBOWS, SLINGSHOTS, BB GUNS, AND PAINT BALL GUNS, WITHIN THE CITY LIMITS.

WHEREAS, the City has adopted the Uniform Public Offense Code for Kansas

Cities (“UPOC”) via Ordinance 1271;

WHEREAS, §10.6 of Article 10 of the UPOC may be construed to prohibit the shooting, discharging or operating, of BB guns, air guns, bows and ar rows , and air rifles, within the city limits; and

WHEREAS, the Governing Body believes it is in the public’s interest that BB

guns, air guns, bows and arrows, and air rifles, should be allowed to be used for the below described purposes;

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST.

MARYS, KANSAS: Section 1. §10.6 of the Uniform Public Offense Code, as adopted by reference, are

hereby amended as follows: AIR GUN, AIR RIFLE, CROSSBOWS, BOWS AND ARROWS, SLINGSHOT, BB GUN OR PAINTBALL GUN.

It shall be a misdemeanor for any person to negligently or purposely discharge any Air Gun, Air Rifle, Bows and Arrows, or BB gun within the city, except:

a) In necessary self-defense.

b) For the purpose of practice.

1. The practice area must have a natural or constructed

backstop that will stop the projectiles, thus keeping them on the property on which they are shot.

2. Such practice shooting is supervised by an adult at all times.

3. The gun, air rifle, bow and arrow, or BB gun must be of a low-strength recreation type and not a higher powered hunting type.

c) In defense of property from damage by animals or birds to said property:

2

1. The area must have a natural or constructed backstop that will keep the projectiles on the property on which they are shot.

2. Such shooting is supervised by an adult at all times.

3. The gun, air rifle, bow and arrow, o r BB gun must be of a low-strength recreation type and not of a higher powered hunting type.

d) It shall be a misdemeanor for any person to negligently or purposely discharge the

following within the city limits:

1. Slingshot 2. Crossbow 3. Paintball gun

Section 2. EFFECTIVE DATE. This ordinance shall take effect and be in force from and after its publication in the official city newspaper.

PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY

OF ST. MARYS, KANSAS this 16th day of September 2014.

JOE BRYAN, Mayor

ATTEST:

APRIL HUARACHA, City Clerk

ORDINANCE NO. 1274-A

AN ORDINANCE REPEALING AND REPLACING ORDINANCE NO. 1274, REGARDING THE OPERATION OF WORK-SITE UTILITY VEHICLES, MICRO UTILITY TRUCKS, ALL TERRAIN VEHICLES AND GOLF CARTS ON THE STREETS, WITHIN THE CORPORATE LIMITS OF THE CITY OF ST. MARYS, KANSAS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS: Section 1. DEFINITIONS. As used in this ordinance, the following words and phrases shall have the meanings respectively ascribed to them in this section, except when the context requires otherwise.

a) “Work-site utility vehicle” means any motor vehicle which is not less than 48 inches in width, has an overall length, including the bumper, of not more than 135 inches, has an unladen weight, including fuel and fluids, of more than 800 pounds and is equipped with four or more low pressure tires, a steering wheel and bench or bucket type seating allowing at least two people to sit side-by-side, and may be equipped with a bed or cargo box for hauling materials. “Work-site utility vehicle” does not include a micro utility truck.

b) “Micro utility truck” means any motor vehicle which is not less than 48 inches in

width, has an overall length, including the bumper, of not more than 160 inches, has an unladen weight, including fuel and fluids, of more than 1,500 pounds, can exceed 40 miles per hour as originally manufactured and is manufactured with a metal cab. “Micro utility truck” does not include a work-site utility vehicle.

c) “All-terrain vehicle” means any motorized non-highway vehicle 50 inches or less

in width, having a dry weight of 1,500 pounds or less, traveling on three or more non-highway tires, and having a seat to be straddled by the operator. As used in this Subsection, “non-highway tire” means any pneumatic tire six inches or more in width, designed for use on wheels with rim diameter of 14 inches or less.

d) “Golf cart” means a motor vehicle that has not less than three wheels in contact

with the ground, an unladen weight of not more than 1,800 pounds, is designed to be operated at not more than 25 miles per hour and is designed to carry not more than four persons, including the driver.

Section 2. OPERATION OF WORK-SITE UTILITY VEHICLES.

a) Work-site utility vehicles may be operated upon the city streets, lanes and alleys within the corporate limits of the city.

b) No work-site utility vehicle shall be operated on any city street, lane or alley between ½-hour before sunrise and ½-hour after sunset unless such vehicle is equipped with lights as required by law for motorcycles. No work-site utility vehicle shall be operated on any interstate highway, federal highway or state highway, other than to cross.

c) Every person operating a work-site utility vehicle on the city streets, lanes and

alleys of the city shall be subject to all of the duties applicable to a driver of a vehicle imposed by law, including speed limits, yield signs, stop signs, road lane, as well as alcohol restrictions.

Section 3. OPERATION OF MICRO UTILITY TRUCKS

a) Micro utility trucks may be operated upon the city streets, lanes and alleys within the corporate limits of the city.

b) No micro utility truck shall be operated on any public highway, street, road or alley between ½-hour before sunrise and ½-hour after sunset, unless such truck complies with the equipment requirements as required by law for any motorized vehicle. No micro utility truck shall be operated on any interstate highway, federal highway or state highway; provided, however, that the provisions of this subsection shall not prohibit a micro utility truck from crossing a federal or state highway.

c) Every person operating a micro utility truck on the city streets, lanes and alleys of the city shall be subject to all of the duties applicable to a driver of a vehicle imposed by law, including speed limits, yield signs, stop signs, road lane, as well as alcohol restrictions.

Section 4. OPERATION OF ALL-TERRAIN VEHICLES.

a) All-terrain vehicles may be operated upon the city streets, lanes and alleys within the corporate limits of the city; provided, however, that no all-terrain vehicle shall be operated on any interstate highway, federal highway or state highway, other than to cross.

b) No all-terrain vehicle shall be operated on any city street, lane or alley between ½-hour before sunrise and ½-hour after sunset unless equipped with lights as required for motorcycles.

c) Every person operating an all-terrain vehicle on the city streets, lanes and alleys of the city shall be subject to all of the duties applicable to a driver of a vehicle imposed by law, including speed limits, yield signs, stop signs, road lane, as well as alcohol restrictions.

d) A person operating an all-terrain vehicle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a all-terrain vehicle, unless such all-terrain vehicle is designed to carry more than one (1) person, in which event a passenger may ride upon the permanent and regular seat if designed for two (2) persons, or upon another seat firmly attached to the all-terrain vehicle at the rear or side of the operator.

e) A person shall ride upon an all-terrain vehicle only while sitting astride the seat, facing forward, with one leg on each side of the all-terrain vehicle.

f) No person shall operate an all-terrain vehicle while carrying any package, bundle, or other article which prevents such person from keeping both hands on the handlebars.

g) No operator shall carry any person, nor shall any person ride, in a position that will interfere with the operation or control of the all-terrain vehicle or the view of the operator.

Section 5. SAME; OPERATION OF ALL-TERRAIN VEHICLES; EQUIPMENT

REQUIRED OPERATOR AND RIDERS.

a) No person under the age of 18 years shall operate or ride upon an all-terrain vehicle unless wearing a helmet which complies with minimum guidelines established by the National Highway Traffic Safety Administration pursuant to the national traffic and motor vehicle safety act of 1966 for helmets designed for use by motorcyclists and other motor vehicle users.

b) No person shall operate an all-terrain vehicle unless such person is wearing an

eye-protective device which shall consist of protective glasses, goggles or transparent face shields which are shatter proof and impact resistant, except when the all-terrain vehicle is equipped with a windscreen which has a minimum height of 10 inches measured from the center of the handlebars.

Section 6. OPERATION OF GOLF CARTS.

a) Golf carts may be operated upon the city streets, lanes and alleys within the corporate limits of the city; provided, however, that no golf cart may be operated upon any city street, lane and alley with a posted speed limit in excess of 30 miles per hour. No golf cart shall be operated on any interstate highway, federal highway or state highway; provided, however, that the provisions of this subsection shall not prohibit a golf cart from crossing a federal or state highway or a street or highway with a posted speed limit greater than 30 miles per hour.

b) No golf cart shall be operated on any city street, lane or alley between ½-hour before sunrise and ½-hour after sunset.

c) Every person operating a golf cart on the city streets, lanes and alleys of the city shall be subject to all of the duties applicable to a driver of a vehicle imposed by law, including speed limits, yield signs, stop signs, road lane, as well as alcohol restrictions.

Section 7. SAME; VALID DRIVER'S LICENSE REQUIRED; PENALTY.

No person shall operate a work-site utility vehicle, micro utility truck, all-terrain vehicle or golf cart on any city street, lane or alley within the corporate limits of the city unless such person has a valid driver's license. Violation of this section is punishable as per Section 12 of this ordinance.

Section 8. SAME; INSURANCE REQUIRED; PENALTY.

a) Every owner of a work-site utility vehicle, micro utility truck, all-terrain vehicle or golf cart shall provide proof of liability coverage in accordance with Section 200 of the Standard Traffic Ordinance, and amendments thereto, and the Kansas Automobile Injury Reparations Act, K.S.A. 40- 3101, et seq., and amendments thereto that specifically provides such coverages for the vehicle.

b) All provisions of Section 200 of the Standard Traffic Ordinance, and amendments thereto, including penalty provisions, shall be applicable to all owners and operators of work-site utility vehicles, micro utility truck, all-terrain vehicle or golf cart.

Section 9. SAME; REGISTRATION AND LICENSE; FEE; APPLICATION;

INSPECTION; PENALTY:

Before operating any work-site utility vehicle, micro utility truck, all-terrain vehicle or golf cart on any city street, lane or alley within the corporate limits of the city, the vehicle shall be registered with the police department and display a valid registration decal affixed and displayed in such a manner as to be clearly visible from the rear of the vehicle. The application shall be made upon forms provided by the city and each application shall contain the name of the owner, the owner's residence address, or bona fide place of business, a brief description of the vehicle to be registered (including make, model and serial number, if applicable). Proof of insurance shall be furnished at the time of application for registration. The annual registration fee for a work-site utility vehicle micro utility truck, all-terrain vehicle or golf cart, shall be $25.00. The full amount of the license fee shall be due by April 1st of every year. New licenses (not renewals) shall be prorated by month. Late renewals shall pay the full license fee regardless of when the license is renewed. The license issued herein is not transferrable.

Section 10. SAME; ROADWAYS LANED FOR TRAFFIC.

a) All vehicles listed are entitled to full use of a lane, and no motor vehicle shall be driven in such a manner as to deprive any all-terrain vehicle of the full use of a lane. This subsection shall not allow all-terrain vehicles to be operated two (2) abreast in a single lane.

b) The operator of an all-terrain vehicle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.

c) No person shall operate a all-terrain vehicle between lanes of traffic or between adjacent lines or rows of vehicles.

d) Subsections (b) and (c) shall not apply to police officers in the performance of their official duties.

Section 11. SAME; CLINGING TO OTHER VEHICLES PROHIBITED.

No person riding upon any of the vehicles listed shall attach himself, herself or any of the vehicles listed to any other vehicle on a roadway.

Section 12. SAME; PENALTIES. A violation of any provision in sections (2) through

(11) shall be deemed an ordinance traffic infraction or misdemeanor. Upon an entry of a plea of guilty or no contest or upon being convicted of such violation, the penalty imposed shall be in accordance with Section 201 of Standard Traffic Ordinance, and amendments thereto, or such other similar provision as the city may then have in effect.

Section 13. EFFECTIVE DATE. This ordinance shall take effect and be in force from and after its publication in the official city newspaper. PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS this 18th day of November 2014.

__________________________ JOE BRYAN, Mayor


ORDINANCE NO. 1275

AN ORDINANCE AMENDING ARTICLE 5, SECTION 23 AND ARTICLE 19, SECTION 200 OF THE STANDARD TRAFFIC ORDINANCE FOR KANSAS CITIES, EDITION OF 2014, WHICH WAS INCOPORATED BY ORDINANCE NO. 1271.

BE IT ORDAINED by the Governing Body of the City of St. Marys, Kansas:

Section 1: Article 5, Section 23 of the Standard Traffic Ordinance for Kansas Cities, Edition of 2014, which was incorporated by Ordinance No. 1271, is amended to read as follows:

Sec. 23. Accident Involving Death or Personal Injuries; Penalties.

(a) The driver of any vehicle involved in an accident resulting in injury to, great bodily harm to or death of any person or damage to any attended vehicle or property shall immediately stop such vehicle at the scene of such accident, or as close thereto as possible, but shall then immediately return to and in every event shall remain at the scene of the accident until the driver has fulfilled the requirements of Section 25.

(b) A person who violates subsection (a) when an accident results in: (1) Total property damages of less than $1,000 shall be punished as provided in Section

201. (2) Injury to any person or total property damages in excess of $1,000 or more shall be

punished by imprisonment for not more than one year or by a fine of not more than $2,500, or by both such fine and imprisonment.

(c) The driver shall comply with the provisions of section 26.1. (K.S.A. Supp. 8-1602)

Section 2: Article 19, Section 200 of the Standard Traffic Ordinance for Kansas Cities, Edition of 2014, which was incorporated by Ordinance No. 1271, is amended to read as follows:

Sec. 200. Motor Vehicle Liability Insurance.

(a) Every owner shall provide motor vehicle liability insurance coverage in accordance with the provisions of the Kansas Automobile Injury Reparations Act, K.S.A. 40-3101, et seq., for every motor vehicle owned by such person, unless such motor vehicle: (1) Is included under an approved self-insurance plan as provided in K.S.A. 40-3104(f); (2) is used as a driver training motor vehicle, as defined in K.S.A. 72-5015, and amendments thereto, in an approved driver training course by a school district or an accredited nonpublic school under an agreement with a motor vehicle dealer, and such motor vehicle liability insurance coverage is provided by the school district or accredited nonpublic school; (3) is included under a qualified plan of self-insurance approved by an agency of the state in which such motor vehicle is registered and the form prescribed in subsection (b) of K.S.A. 40-3106, and amendments thereto, has been filed; or (4) is expressly exempted from the provisions of the Kansas Automobile Injury Reparations Act.

(b) An owner of an uninsured motor vehicle shall not permit the operation thereof upon a highway or upon property open to use by the public, unless such motor vehicle is expressly exempted from the provisions of the Kansas Automobile Injury Reparations Act.

(c) No person shall knowingly drive an uninsured motor vehicle upon a highway or upon property open to use by the public, unless such motor vehicle is expressly exempted from the provisions of the Kansas Automobile Injury Reparations Act.

(d) (1) Any person operating a motor vehicle upon a highway or upon property open to use by the public shall display, upon demand, evidence of financial security to a law enforcement officer. Such evidence of financial security which meets the requirements of subsection (e) may be displayed on a cellular phone or any other type of portable electronic device. The law enforcement officer to whom such evidence of financial security is displayed shall view only such evidence of financial responsibility. Such law enforcement officer shall be prohibited from viewing any other content or information stored on such cellular phone or other type of portable electronic device. The law enforcement officer shall issue a citation to any person who fails to display evidence of financial security upon such demand. The law enforcement officer shall transmit a copy of the insurance verification form prescribed by the secretary of revenue with the copy of the citation transmitted to court. (2) No citation shall be issued to any person for failure to provide proof of financial security when evidence of financial security meeting the standards of subsection (e) is displayed upon demand of a law enforcement officer. Whenever the authenticity of such evidence is questionable, the law enforcement officer may initiate the preparation of the insurance verification form prescribed by the secretary of revenue by recording information from the evidence of financial security displayed. The officer shall immediately forward the form to the department of revenue, and the department shall proceed with verification in the manner prescribed in the following paragraph. Upon return of a form indicating that insurance was not in force on the date indicated on the form, the department shall immediately forward a copy of the form to the law enforcement officer initiating preparation of the form.

(e) Unless the insurance company subsequently submits an insurance verification form indicating that insurance was not in force, no person charged with violating subsections (b), (c) or (d) shall be convicted if such person produces in court, within 10 days of the date of arrest or of issuance of the citation, evidence of financial security for the motor vehicle operated, which was valid at the time of arrest or of issuance of the citation. Such evidence of financial security may be produced by displaying such information on a cellular phone or any other type of portable electronic device. Any person to whom such evidence of financial security is displayed on a cellular phone or any other type of portable electronic device shall be prohibited from viewing any other content or information stored on such cellular phone or other type of portable electronic device. For the purpose of this subsection, evidence of financial security shall be provided by a policy of motor vehicle liability insurance, an identification card or certificate of insurance issued to the policyholder by the insurer which provides the name of the insurer, the policy number, make and year of the vehicle, and the effective and expiration dates of the policy, or a certificate of self-insurance signed by the commissioner of insurance.

(f) Any person violating any provision of this section shall be guilty of a violation of this ordinance and subject to a fine of not less than $300 nor more than $1,000 or by imprisonment for a term of not more than six months, or both such fine and imprisonment, except that any person convicted of violating any provision of this section within three years

of any such prior conviction shall be guilty of a violation of this ordinance and subject to a fine of not less than $800 nor more than $2,500 or by imprisonment for a term not to exceed one year, or both such fine and imprisonment. (K.S.A. Supp. 40-3104)

Section 3: This ordinance will be published once in the official city newspaper and upon publication will be in full force and effect.

PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS this 18th day of November, 2014.


_________________________

JOE BRYAN

MAYOR

ATTEST:

_______________________

APRIL R. HUARACHA

City Clerk

(Seal)

ORDINANCE NO. 1276

AN ORDINANCE AMENDING CHAPTER 17, ARTICLE 1, SECTION 17-105d, RELATING TO UTILITY BILLS/DELINQUENT ACCOUNTS; OF THE CODE OF THE CITY OF ST. MARYS, KANSAS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, POTTAWATOMIE COUNTY, KANSAS: Section 1. Section 17-105d shall be deleted in its entirety, and in its place shall be substituted the following:

d) If the account is not paid in full by the date due, a late payment charge of five percent (5%) of the amount due shall be added to the delinquent amount and a second notice shall be mailed. Failure to pay the delinquent balance within ten (10) days, of the date of the notice, will begin the process of the termination of utility service(s). If the account remains delinquent, notice is given by personal service to the customer stating that payment by cash or money order must be received by 9:00 a.m. the next business day, or the utility service(s) will be disconnected. Payments received that are not in compliance with this subsection, shall be refused.

However, if an account has been assessed a late payment charge, as described above, the account holder may submit a Fee Waiver Request Form to request the late payment charge be waived, if the following conditions are met:

1) There has been at least one continuous year of account history. 2) There have been no additional late payment charges or waivers within the

previous twelve consecutive months on the account. 3) The account is paid in full (less the late payment charge) at the time of

application for the waiver.

If all conditions above are met, a one-time late payment waiver will be granted on that account. If an account is not eligible for a late payment waiver as described above, the account holder may be eligible for a one-time late payment waiver via the Auto Pay program, as described below:

1) Complete both the Auto Pay and Fee Waiver Request Form. 2) There have been no additional late payment charges or waivers within the

previous twelve consecutive months on the account. 3) Commit to remaining in the Auto Pay program for at least one year. 4) The account is paid in full (less the late payment charge) at the time of application for the waiver.

Section 2. This ordinance shall be considered amendatory and supplemental to the ordinance now in place, and shall not be construed to repeal or replace any other provision of said ordinance except those specifically identified herein. Section 3. EFFECTIVE DATE. This ordinance shall take effect and be in force after its publication in the official city newspaper concurrent with the February billing date. PASSED AND ADOPTED THIS 6th DAY OF JANUARY, 2015, BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS. ________________________________ JOE BRYAN, Mayor ATTEST: ________________________________ APRIL HUARACHA, City Clerk

ORDINANCE NO. 1277

AN ORDINANCE AMENDING CHAPTER 15, ARTICLE 2, SECTION 15-201, “STREETS AND SIDEWALKS,” OF THE CODE OF THE CITY OF ST. MARYS, KANSAS; RELATING TO SIDEWALK SPECIFICATIONS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS: Section 1. AMENDMENT. That Section 15-201 of the Ordinances of the City of St. Marys, Kansas is hereby amended and reads as follows: 15-201. SIDEWALKS GENERALLY; SPECIFICATIONS. All sidewalks in the City of St. Marys shall be constructed, repaired, and reconstructed according to the following standards: All sidewalks constructed or reconstructed in any residential zone, as defined by the zoning laws of the City of St. Marys, shall be a minimum of four feet in width by four inches in thickness, whereas all other sidewalks constructed or reconstructed in all other zones, according to the zoning laws of the city, shall be a minimum of five feet in width by four inches in thickness. Where a sidewalk crosses an existing driveway, the thickness must be at least six (6) inches. However, when a repair is made, regardless of zone, it is allowed to match the existing sidewalk width dimensions. Any variation must be approved by the city manager or an agent of same.

1. Provisions relating to the cement specifications for sidewalks shall be as follows:

a) Wire mesh, or other suitable reinforcement, is required in all sidewalks;

b) Expansion/contraction joints are required every fifty (50) feet or as necessary;

c) Sidewalks must be edged, have crack grooves every 5 feet, and have a broomed finish.

2. Provisions relating to temporary methods that the City Commission may establish to

assist property owners in repairing or reconstructing their sidewalks are as follows:

a) Cost share program(s), as established by resolution;

b) Use of city employees, and city equipment, as approved by motion; Note: Construction of sidewalks in all cities is governed by K.S.A. 12- 1801:1816; see general improvement and assessment law, Chapter 12, Article 6a, Kansas Statutes Annotated, as amended.

Section 2. EFFECTIVE DATE. This ordinance shall take effect and be in force from and after its publication in the official city newspaper. PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS this 7th day of July 2014.

__________________________ ADAM MOATS, Mayor


ORDINANCE NO. 1278 AN ORDINANCE REZONING ONE TRACT OF LAND FROM I-1, LIGHT INDUSTRIAL ZONING DISTRICT, TO A-1, AGRICULTURAL ZONING DISTRICT, WITHIN THE CITY OF ST. MARYS’ EXTRATERRITORIAL ZONE (ETZ), POTTAWATOMIE COUNTY, KANSAS, AND ALTERING THE ZONING MAP ACCORDINGLY. WHEREAS, the Planning Commission of the City of St. Marys, Kansas, at a meeting held on April 27, 2015, recommended the rezoning of one tract of land, hereinafter described, from I-1, Light Industrial Zoning District to A-1, Agricultural Zoning District, within the Extraterritorial Zone (ETZ), of the City of St. Marys, Kansas; and

WHEREAS, the Planning Commission proposed that certain changes be made to the

below described tract of land, and to the Zone Classification map, and, WHEREAS, a notice of public hearing indicating said proposed changes were published in the “St. Marys Star” on April 1, 2015, as provided by law, and WHEREAS, the Planning Commission on April 27, 2015, held a public hearing; and WHEREAS, the Planning Commission did vote to recommend that the Governing Body make certain changes as set out in the notice of hearing. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS:

SECTION 1. That the following described property is hereby rezoned from I-1, Light Industrial Zoning District to A-1, Agricultural Zoning District: LEGAL DESCRIPTION: The West Half of the Northwest Quarter of Section 14, Township 10 South, Range 12 East of the 6th P. M. situate in Pottawatomie County, Kansas, LESS that portion of a tract located in Section 14, conveyed to Carl J. and Frances E. Bode in a Warranty Deed recorded in Book 266, page 43, described as follows: A tract of land in the Southwest Quarter of Section 11, and the Northwest Quarter of Section 14, Township 10 South, Range 1·2 East of the 6th P.M. in Pottawatomie County, Kansas described as follows; Beginning at a point on the West line of the Southwest Quarter of said Section 11 and the Northerly right-of-way line of the Union Pacific Railroad, said point being N. 00 degrees 56 minutes 30 seconds E. 284.44 feet from the Southwest Corner of the Southwest Quarter of said Section 11; thence N. 00 degrees 56 minutes 30 seconds E. 320.26 feet along the West line of the Southwest Quarter of said Section 11 to the Southerly line of the Golf Course Tract; thence S. 67 degrees 02 minutes 28 seconds E. 1703.80 feet along the Southerly line of the said Golf Course Tract to the South line of the Southwest Quarter of said Section 11; thence N. 87 degrees 49 minutes 30 seconds W. 250.33 feet along the South line of the Southwest Quarter of said Section 11 to the Northeast Corner of the West Half of the Northwest Quarter of said Section 14; thence S.01 degrees 08

minutes 23 seconds W. 294.98 feet along the East line of the West Half of the Northwest Quarter of said Section 14 to the North line of the Northerly right of way line of the aforesaid Union Pacific Railroad; thence N. 64 degrees 27 minutes 38 seconds W. 1460.81 feet along the Northerly right-of-way line of the said Union Pacific Railroad to the point of beginning, AND ALSO LESS, a tract of land commencing at the Northwest corner of Section 14, Township 10 South, Range 12 East of the 6th P.M.; thence South 01° 08' 27" West 1835.05 feet along the West boundary of said Section 14, thence South 88° 51’ 33" East 1333.05 feet to the East boundary of the West Half of the Northwest Quarter of said Section 14, thence North 01° 02' 14" East 1333.83 feet along said East boundary of the West Half of the Northwest Quarter of Section 14 to the Southerly right-of-way line to U. S. Highway 24, thence North 64° 27' 38" West 1461.36 feet along the said Southerly right-of-way line of U. S. Highway 24 to the West boundary of Section 11, also the Northeast corner of Lot 9 of St. Marys Industrial Park Unit Three, thence South 01° 01’ 19” West 102.35 feet to the point of beginning. WITH the land conveyed all located south of U.S. Highway 24, and encompassing 24.398 acres, more or less.

SECTION 2. This ordinance will be published once in the official city newspaper and upon publication will be in full force and effect. PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS, this 5th day of May, 2015.

____________________________ ADAM MOATS, Mayor


ORDINANCE NO. 1279 AN ORDINANCE TO AMEND CHAPTER XVI TRAFFIC, AMENDING ARTICLE 3. BICYCLES, BY AMENDING ARTICLE 16-302 AS SETOUT BELOW, OF THE CODE OF THE CITY OF ST. MARYS, KANSAS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS: 16-302. BICYCLING AND SKATEBOARDING IN DOWNTOWN BUSINESS

DISTRICT, OR UPON CERTAIN PUBLIC PROPERTY.

a) It shall be unlawful to ride a bicycle or roller skates or riding in or by means of any coaster, toy vehicle, skateboard, or similar device, on the sidewalk in the business district of the City of St. Marys, Kansas, except where posted or while crossing a street on a crosswalk. However, nothing herein shall be constructed to prohibit an individual from walking or carrying any of the devices listed in this ordinance on the sidewalks adjacent to the streets in the business district or upon or within public property.

b) For the purpose of this ordinance the business district will include the north and south

sides of Bertrand Avenue from 4th Street to 8th Street except in the areas of residences in the 400 block. The east and west sides of 6th Street from Mission Street to Palmer Street, and the east and west sides of 5th Street from Mission Street to Palmer Street. Moreover, public property is defined as any property owned by the City of St. Marys, Kansas.

c) When posted, it shall be unlawful to ride a bicycle or roller skates or riding in or by means of any coaster, toy vehicle, skateboard, or similar device, within or upon any shelter house, gazebo, basketball court, or tennis court at Riverside Park.

d) Violation of any article of this section shall be punished as follows: the 1st offense: $25, plus court costs; the 2nd and every subsequent offense: $50, plus court costs. Moreover, it shall be unlawful for the parent, legal guardian, or other person lawfully entitled to the custody of any person under the age of eighteen (18) to allow that person to be in violation of Section 16-302 of the St. Marys Municipal Code, St. Marys, Kansas.

e) If any child under the age of eighteen (18) years shall operate any of the devices listed in

this ordinance in violation of the provisions, any police officer of the city may take possession of such device and take the same to the police headquarters in the city, and there keep the same until the parents or guardian of such child are notified and until arrangements are made by such parent or guardian to comply with the requirements of this chapter. 2. This ordinance will be published once in the official city newspaper and upon publication

will be in full force and effect. PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS this 19th DAY OF MAY, 2015.


_____________________________ ADAM MOATS, MAYOR

ATTEST: ________________________________ MARIS K FLERLAGE, CITY CLERK

ORDINANCE NO. 1280 AN ORDINANCE AMENDING CHAPTER ONE, ARTICLE 10, AGRICULTURAL ZONING DISTRICT, SECTION 10.102.1.b), OF THE UNIFIED DEVELOPMENT CODE OF THE CITY OF ST. MARYS, KANSAS.

WHEREAS, the Planning Commission proposed that certain changes be made to Chapter 1, Article 10, Section 10.102.1.b), and, WHEREAS, a notice of public hearing indicating said proposed changes was published in the “St. Marys Star” on August 19, 2015, as provided by law, and WHEREAS, the Planning Commission on September 14, 2015, held a public hearing; and WHEREAS, the Planning Commission did vote to recommend that the Governing Body make certain changes as set out in the notice of hearing. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS: Section 1. That Section 10.102.1.b) of the Unified Development Code be replaced with the following:

Single family, non-farm dwelling units. Factory-built homes, excluding mobile homes, will be allowed if placed on a permanent foundation. The provisions of Section 11.100.4 apply, less Section 11.100.4.a). As long as the zoning of any contiguous land to the dwelling unit parcel remains Agricultural, the provisions of KSA 2-3202, Certain Agricultural Activities Not A Nuisance, and KSA 2-3203, Definitions, apply.

Section 2. This ordinance shall be published once in the official city newspaper and upon publication will be in full force and effect. PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS this 15th day of September, 2015. CITY OF ST. MARYS, KANSAS _________________________

ADAM MOATS, Mayor

ATTEST: _______________________ ANDREA CORE, City Clerk

ORDINANCE NO. 1281 AN ORDINANCE REGULATING TRAFFIC WITHIN THE CORPORATE LIMITS OF THE CITY OF ST. MARYS, KANSAS; INCORPORATING BY REFERENCE THE “STANDARD TRAFFIC ORDINANCE FOR KANSAS CITIES,” 43RD EDITION, 2015, WITH CERTAIN, CHANGES AND ADDITIONS; PRESCRIBING ADDITIONAL REGULATIONS; PROVIDING CERTAIN PENALTIES AND REPEALING ORDINANCE NO. 1271. Be it Ordained by the Governing Body of the City of St. Marys, Kansas: Section 1. That section 16-101 to the Code of the City of St. Marys, Kansas, is hereby amended to read as follows: INCORPORATING STANDARD TRAFFIC ORDINANCE. There is hereby adopted and incorporated by reference a publication for the purpose of regulating traffic within the corporate limits of the city of St. Marys, Kansas, that is known as the “Standard Traffic Ordinance for Kansas Cities,” 43RD Edition, 2015, prepared and published by the League of Kansas Municipalities, Topeka, Kansas, except such articles, sections, parts or portions as are hereafter omitted, deleted, modified, or changed. Not less than three copies of said Standard Traffic Ordinance shall be marked or stamped “Official copy as adopted by Ordinance No. 1281” with all sections or portions thereof intended to be changed or added shall be incorporated by reference and shall be filed with the city clerk to be open to inspection and available to the public at all reasonable hours. The police department, municipal judge and all administrative departments of the city charged with enforcement of this article shall be supplied, at the cost of the city, such number of official copies of such Standard Traffic ordinance, similarly marked, as may be deemed necessary. Section 2. Section 51 of the above identified “Standard Traffic Ordinance for Kansas Cities,” 43RD Edition, 2015, is hereby amended to read in its totality as follows:


Section 3. Additions include: A) Ordinance No. 1274A which regulates work-site utility vehicles,

micro utility trucks, all terrain vehicles and golf carts. B) Ordinance No. 1279 which regulates bicycling and

skateboarding in business districts and upon certain public property. Section 4. Repeal. Ordinance Number 1271 is hereby repealed. Section 5. Effective Date. This ordinance will be published once in the official city newspaper and upon publication will be in full force and effect. PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS this 15th day of September, 2015. CITY OF ST. MARYS, KANSAS _________________________

ADAM MOATS MAYOR

ATTEST: _______________________ ANDREA M CORE City Clerk

ORDINANCE NO. 1282 AN ORDINANCE REGULATING PUBLIC OFFENSES WITHIN THE CORPORATE LIMITS OF THE CITY OF ST. MARYS, KANSAS; INCORPORATING BY REFERENCE THE “UNIFORM PUBLIC OFFENSE CODE FOR KANSAS CITIES,” 31st EDITION, 2015, AND REPEALING ORDINANCE NO. 1270. Be it Ordained by the Governing Body of the City of St. Marys, Kansas: Section 1. That section 13-101 to the Code of the City of St. Marys, Kansas, is hereby amended to read as follows:

UNIFORM ORDINANCE INCORPORATED. There is hereby incorporated by reference the Uniform Public Offense Code for Kansas Cities, 31st Edition, 2015, prepared and published by the League of Kansas Municipalities, except Article 10.6 which is deleted and such is controlled by Ordinance No. 1273. No fewer than three copies of the Uniform Public Offense Code shall be marked or stamped “Official Copy as adopted by Ordinance No. 1282” and filed with the city clerk to be open to inspection and available to the public at all reasonable hours. The police department, municipal judge and all administrative departments of the city charged with enforcement of this article shall be supplied, at cost of the city, any number of official copies of such uniform code, similarly marked, as may be deemed necessary.




ADAM MOATS Mayor

ATTEST: _______________________ ANDREA M CORE City Clerk

ORDINANCE NO. 1283 AN ORDINANCE ESTABLISHING NOMINATION PETITION REQUIREMENTS FOR GOVERNING BODY ELECTIONS FOR THE CITY OF ST. MARYS, KANSAS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, POTTAWATOMIE COUNTY, KANSAS: SECTION 1. In accordance with K.S.A. 25-205, and amendments thereto, any person may become a candidate for city office elected at large by having had filed on their behalf, a nomination petition or a declaration of candidacy, accompanied by any fee required by law. The nomination petition must be signed by 2% of the qualified electors of the City of St. Marys. SECTION 2. This ordinance shall take effect and be in force from and after its publication in the official city newspaper. PASSED AND ADOPTED THIS 17th DAY OF NOVEMBER, 2015, BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS. ________________________________ ADAM MOATS, Mayor ATTEST: ________________________________ ANDREA CORE, City Clerk

ORDINANCE NO. 1284 AN ORDINANCE AMENDING ORDINANCE 1264 WHICH ADOPTED CHAPTER 17 UTILITIES, OF THE CODE OF THE CITY OF ST. MARYS, KANSAS. THIS ORDINANCE REPLACES ARTICLE 3. ELECTRIC UTILITY BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS: Section 1. AMENDMENT. That Chapter 17, Article 3 Electric Utility of the Code of the City of St. Marys, Kansas, as adopted by Ordinance No. 1264, and as amended, is hereby repealed and in its place shall be substituted, as if set out fully herein, Chapter 17, Article 3 Electric Utility, as approved by the governing body of the City of St. Marys, Kansas. The provisions therein shall be controlling within the area of jurisdiction of the City of St. Marys. All other provisions of the Code of the City of St. Marys, Kansas are not amended and remain as published and adopted. No fewer than three copies of the Code of the City of St. Marys, Kansas shall be filed with the City Clerk to be open for inspection and available to the public at all reasonable business hours. Section 2. EFFECTIVE DATE. This ordinance shall take effect and be in force after its publication in the official city newspaper concurrent with the January billing date. PASSED AND ADOPTED THIS 1st DAY OF DECEMBER, 2015, BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS.

__________________________________ ADAM MOATS, MAYOR ATTEST: __________________________________ ANDREA CORE, CITY CLERK

ORDINANCE NO. 1285 AN ORDINANCE REZONING A TRACT OF LAND FROM PUD, PLANNED UNIT DEVELOPMENT, TO R-2, TWO FAMILY RESIDENTIAL DISTRICT, IN THE CITY OF ST. MARYS, POTTAWATOMIE COUNTY, KANSAS, AND ALTERING THE ZONING MAP ACCORDINGLY.

WHEREAS, a notice of public hearing indicating the request for proposed changes was published in the “St. Marys Star” on October 7, 2015, as provided by law; and, WHEREAS, the Planning Commission on November 9, 2015, held a public hearing and after closing said public hearing adjourned the meeting to November 23, 2015, to give the Planning Commission and the Zoning Administrator time to research specific topics; and, WHEREAS, at the November 23, 2015, Planning Commission meeting the information presented during the public hearing and research information provided by members of the Planning Commission and the Zoning Administrator was discussed; and, WHEREAS, the Planning Commission vote on November 23, 2015, on a motion to recommend denying the rezoning request, resulted in a 3 to 3 tie, and as per the St. Marys Unified Development Code (UDC), Chapter 1, Article 3.100.5.b, the matter was forwarded to the City Commission as a recommendation for denial; and

WHEREAS, the City Commission has reviewed the application for rezoning, the approved minutes from the November 9, 2015, and November 23, 2015, Planning Commission meetings, the submittals and research pertaining to this rezoning request, as well as the relevant Articles of the UDC, proposes now that certain changes be made to the below described tract of land, and to the Zone Classification map, based upon the findings at the 12-1-2015 City Commission meeting; and, NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS: SECTION 1. That Lot 1, Block 1, of St. Marys Subdivision No. 16 a part of Block 47 and Block 56, First Addition to the City of St. Marys, is hereby rezoned from Planned Unit Development (PUD) to Two-Family Residential District (R-2). SECTION 2. The Official Zoning District Map for the City of St. Marys, Kansas is hereby amended accordingly. SECTION 3. This ordinance shall take effect and be in force from and after its passage and publication in the official city newspaper. PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF ST. MARYS, KANSAS THIS 1st DAY OF DECEMBER, 2015.

_________________________ ADAM MOATS, Mayor ATTEST:

________________________ ANDREA CORE, City Clerk

ORDINANCE NO. 1176 2. RENTAL/USER FEES … ordinance to amend chapter xiv public property, article...

Documents

Transcript of ORDINANCE NO. 1176 2. RENTAL/USER FEES … ordinance to amend chapter xiv public property, article...