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Ordinances of Interest
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We have been asked on occasion why we don't list some of the ordinances on our website. After discussing this we have decided to publish some of the most requested ordinances. We are open to suggestions if there is one that you don't see, please contact the city office and we will be glad to get it to you. We currently have ordinances from these areas: Animals, Curfew, Fire Code, Fireworks, Motor Vehicles, Nuisances, Public Information and Utilities
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Animals: ORDINANCE NO 688 AN ORDINANCE PROHIBITING THE KEEPING OF CERTAIN ANIMALS WITHIN THE CORPORATE LIMITS OF THE CITY OF MOUNDRIDGE, KANSAS. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MOUNDRIDGE, KANSAS:
SECTION 1. "Animals: Keeping Prohibited". It shall be unlawful to keep, harbor, own or in any way possess within the corporate limits of the City of Moundridge, Kansas:
1. Any warm-blooded, carnivorous or omnivourous, wild or exotic animal (including but not limited to non-human primates, raccoons, skinks, foxes and wild and exotic cats; but excluding, ferrets and small rodents of varieties used for laboratory purposes). Further this prohibition shall not apply to bona fide pet shops, zoos, circuses, carnivals, educational institutions or medical institutions if:
(a) Their location conforms to the provisions of the zoning ordinance of the City.
(b) All animals and animal quarters are kept in a clean and sanitary conditions and no maintained as to eleiminate objectional odors.
(c) Animals are maintained in quarters so constructed as to preven objectional odors.
2. Any animal having poisonous bites.
3. Any Pit Bull Dog.
(a) Legislative Findings. The Governing Body of the City of Moundrdge finds and determines:
[1] That as a breed of dogs, all Pit Bulls are inherently dangerous.
[2] That the possession of Pit Bulls within the City poses a significant threat to the public's health, safety and welfare.
(b) Definitions. As used in this section the name or ter "Pit Bull" shall mean:
[1] The Bull Terrier breed of dogs;
[2] The Staffodshire Bull Terrier breed of dogs;
[3] The American Pit Bull Terrier breed of dogs;
[4] The American Staffordshire Terrier breed of dogs;
[5] Dogs of mixed breed or of other breeds that above listed which breed or mixed is know as pit bulls, pit bull dogs or pit bull terriers;
[6] Any dog which has the appearance and characteristics of being predominately of the breeds of Bull Terrier, Staffordshire Bull Terrier, American Pit Bull Terrier, American Staffordshire Terrier; any other breed comminly known as pit bulls, pit bull dogs or pit bull terriers; or a combination of any of these breeds.
4. If any provision, clause, paragraph, subsection or section of this ordinance is declared invalid or unconstitutional, or the application there of to any person or circumstance is held invalid or unconstitutional, the validity and constituionality of the remainder of the ordinance, and the applicability thereof to other persons and circumstances, shall not be affected thereby.
5. Any person violating this Ordinance shall upon conviction thereof be fined in any sum not exceeding One Hundred Dollars ($100.00)
6. This ordinance shall take effect and be in full force from and after its publication in the official city newspaper.
PASSED by the City Council this 4th day of February, 1986.
APPROVED AND SIGNED by the Mayor this 4th day of February, 1986.
s/Maurice Stephan, Mayor
(SEAL)
ATTEST
LEE D. WEGNER, CITY CLERK
(First published in the Moundridge Journal, Moundridge, Kansas, Thursday, February 13, 1986.) 7-7m
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ORDINANCE NO 720
AN ORDINANCE ESTABLISHING RULES AND REGULATIONS GOVERING THE OWNERSHIP, KEEPING AND HARBORING OF DOGS WITHIN THE CORPORATE LIMTS OF THE CITY OF MOUNDRIDGE, KANSAS:AND REPEALING ORDINANCE NO. 609 AND ALL OTHER ORDINANCES IN CONFLICT HEREWITH.
BE IT ORDAINED by the Governing Body of the City of Moundridge, Kansas:
SECTION 1. LICENSE REQUIRED. It sall be unlawful for any person to own, keep or harbor any dog within the corporate limits of the City of Moundridge, Kansas, without first having paid a yearly license tax thereon.
SECTION 2. KEEPING AND HARBORING DEFINED. Any person who shall allow any dog to remain habitually, or to lodge, or to be fed within his home, business premises, yard, enclosure or place, shall be deemed and considered to be keeping and harboring said dog within the meaning of this ordinance.
SECTION 3. REGISTRATION, DOG TAG. It shall be the duty of the owner, keeper or harborer of any dog over six months of age to register the same with the City Clerk, who shall issue a receipt there for in the form of a tag of metal or other durable material having stamped or engraved thereon the registration number and the year of registration, which tag shall be attached to a suitable collar and kept on the do at all times.
SECTION 4. ANTI-RABIES VACCINATION REQUIRED. All dogs over six months of age within the corporate limits of the City of Moundridge shall be vaccinated or inoculated with a recognized anti-rabies vaccine and the owner, keeper or harborer of any dog shall cause such vaccinations to be repeated with such frequency as my be necessary to maintain the effectiveness of such inoculation at all times. Any person making application for a license for a dog shall be required to present to the City Clerk at the time of making such application, a certificate issued by a licensed veterinarian showing that such dog has been vaccinated or inoculated with anti-rabies vaccine and that such inoculation is currently effective.
SECTION 5. LICENSE TAGS; FEES. License tage; fees; penalties. There is hereby levied upon the owner, keeper or harborer of any dog within the corporate limits of the City of Moundridge an annual tax in the sum of $3.00 for each dog over six months of age. The license tax herin levied shall cover the period from January 1 to December 31 or any part thereof each year. Such license tax shall be due any payable on the first day of January of each year, or on the first day of the month following the acquisition of the dog, and shall be paid not later than sixty day there after. If such license fees are not paid at the time herein provided, a penalty of $1.00 shall be added. Any dog impounded that has no tags (whether licensed or not) will be assessed a penalty of $5.00 in addition to the fine assessed for running at large. If the owners of the dog cannot present evidence of vaccination at the time of release an additional penalty of $5.00 shall be assessed. Further, proof of vaccination must be presented within 10 days of the assessment of said penalty or the dog will be picked up. In the event a dog is picked up multiple times for failure to comply with the ordinance each incidence will be considered separate as concerns fines and penalties, and all fines must be paid before the dog can be released.
SECTION 6. RUNNING AT LARGE PROHIBITED. No owner, keeper or harborer of any dog shall permit the same to run at large within the City of Moundridge. Running at large shall be deemed to include any dog that is not confined on the premises of the owner or harbored in a fenced enclosure or shelter, or restrained with a lead rope or chain which is securely fastened in a manner sufficient to keep the dog on the premises, or under the control of a person by a lead, cord, leash or chain whether on or off of the premises of the owner, keeper or harborer.
SECTION 7. IMPOUNDING OF UNLICENSED DOGS AND DOGS RUNNING AT LARGE. Any dog kept or harbored within the City of Moundridge without a proper registration tag for the current year, or any dog running at large in said city, whether bearing a proper registration tag or not, may be taken up at any time by any police officer or duly desiganted dog catcher of said city. Any officer of the City may enter upon the owner's property for the purpose of taking up any such dog. It shall be the duty of the Chief of Police to receive, or cause to be received, such dogs when so taken up and safely keep and impound such dogs for 72 hours from the time of delivery to him or person designated by him, during which time such dogs may be released if the owner thereof shall pay all license taxes, the cost of keeping such dog and, in addition thereto, the sum of $10.00 for the first offense and the sum of $20.00 for each offense thereafter.
SECTION 8. BREAKING POUND. It shall be unlawful for any unauthorized person to open, unlock, break open or attempt to break open the pound, or to take or let out any animal placed therein, or take or attempt to take from an authorized officer of this city any animal taken up by him or her under the provisions of this ordinance.
SECTION 9. CITATION ALTERNATIVE. As an alternative to the provisions of section 7 any police officer or duly designated animal control officer may issue a citation to the owner, harborer or keeper of an animal in violation of this ordinance (in liew of taking up and impounding animals in violation on of this ordinance (in lieu of taking up and impounding animals in violation of this ordinance), and the person receiving the citation shall, within 10 days, appear in the municipal court of the city to answer the charged violation.
SECTION 10. CAPTURE/DESTRUCTION. When deemed necessary by law enforcement officers or the animal control officer for the hearlth, safety and welfare of the residents of the city, such officers and/or their agents may:
(a) Place a humane trap on public or a requesting resident's property for the purpose of capturing any animal defined in this chapter as creating a nuisance in the city;
(b) Use any tranquilizer guns, humane traps, or other suitable devices to subdue and capture any animal that is deemed by the animal control officer, in his or her discretion, to be a danger to itself or to the public health and safety.
(c) Use firearms or other suitable weapons to destroy any rabid animal, any vicisous animal as defined in section 10, or any animal creating a nuisance, where such animal is impossible to catch, capture, or tranzuilize.
SECTION 11. KILLING OF UNREDEEMED DOGS. The Chief of Police shall cause any dog not redeemed after being impounded for 72 hours to be killed and shall cause the carcass thereof to be disposed of.
SECTION 12. BARKING DOGS PROHIBITED. No person sahll own, keep or harbor an dog which by loud, frequent and habitual barking, howling or yelping shall annoy or disturb any neighborhood or person in the city.
SECTION 13. VICIOUS DOGS. It shall be unlawful for any person within the City of Moundridge to own, keep or harbor any cross or vicious dog, unless such person shall keep such dog securely fastened and tied so that he cannot reach any person to do him damage or shall keep said dog in an an enclosure securely fenced so that said dog cannot escape therfrom. Any police officer may kill any dog having hydrophobia or any dog of a vicious or dangerous nature found doing or effecting damage to any person lawfully on the premises of the owner, keeper or harborer, or to persons or property outside the premises of the owner, keeper or harborer of such dog.
SECTION 14. PENALTY. Any person, firm or corporation violating any of the provisions of this article shall, upon conviction thereof, and in addition to fees and penalties set out in sections 5 and 7, upon conviction thereof, be fined in any sum not exceeding $250.00 or be inprisioned not exceeding 30 days, or both so fined and imprisoned.
SECTION 15. REPEAL. Ordinance No. 609, 699, and all other ordinances or parts thereof, in conflict herewith, shall be and are hereby repealed.
SECTION 16. EFFECTIVE DATE. This ordinance shall take effect and be in full force from and after its adoption and publication in the Ledger, the official city newspaper.
PASSED AND ADOPTED this 20th date of November, 1990.
MAURICE STEPHAN, MAYOR
RONALD L. HUXMAN, CITY CLERK
(First published in the Ledger, Moundridge, Kansas, Thursday, November 29, 1990.)
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ORDINANCE NO 754
AN ORDINANCE PROHIBITING THE RUNNING AT LARGE OF FOWL.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MOUNDRIDGE, KANSAS:
SECTION 1. That is shall be unlawful to permit fowl of any kind to run at large at anytime within the corporate limits of the City of Moundridge
SECTION 2. That any person or persons willfully violating section one of this ordinance shall upon conviction in municipal courrt shall be subject to a minimum fine of $30 puls court costs on the first offense. Subsequent violation will be met with stiffer fine at the discretion of the court.
SECTION 3. That Ordinance #259 is hereby repealed.
SECTION 4. This ordinance shall take effect and be in force from and after its publication once in the "Ledger", the official City newpaper.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR THIS 7TH DAY OF MAY, 1996
MAURICE STEPHAN, MAYOR
ATTEST
RONALD L. HUXMAN, ADMINISTRATOR
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CURFEW:
ORDINANCE NO 755
AN ORDINANCE TO ESTABLISH AND REGULATE A CURFEW FOR CERTAIN MINOR CHILDREN AND ESTABLISH THE RESPONSIBILITY OF PARENT, OR PERSON HAVING CUSTODY.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MOUNDRIDGE, KANSAS:
SECTION 1. CURFEW FOR CERTAIN MINOR CHILDREN
(A) It is unlawful for any minor under the age of eighteen years to loiter, idle, wander,m stroll, or play in or upon the public streets, highways, roads, alleys, parks playgrounds, or other public ground, public places or public buildings, places of amusement or entertainment, eating places, vacant lots or other place undervised by an adult having the lawful authority to be at such place during the following periods of time:
(1) for minors age fifteen and under, between the hours of ten p.m. on any day and six a.m. of the following day;
(2) for minors age sixteen and seventeen, between the hours of twelve midnight on any day and six a.m. of the following day;
(B) The provisions of this section shall not apply in the following instances;
(1) when a minor is accompanied by his or her parent, guardian or other adult person having the lawful care and custody of the minor;
(2) when the minor is upon an emergency errand directed by his or her parent or guardinan or other adult person having the lawful care and custody of the minor;
(3) when the minor is returning directly home from a school activity, entertainment, recreational activity or dance;
(4) when the minor is returning directly home from lawful employment that makes it necessary to be in the above-referenced places during the prescribed period of time;
(5) when the minor is on the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police officer about the minor's presence;
(6) when the minor is attending or traveling directly to or from an activity involving the exercise of first amendment rights of free speech, freedom of assembly or free exercise of religion; and
(7) when the minor is in interstate travel through the city.
SECTION 2. RESPONSIBILITY OF PARENT, OR PERSON HAVING CUSTODY.
Except in circumstances set out in Section 1 (b), it shall be unlawful for the parent, guardian or other adult person having the care and custody of a minor under the age of eighteen years to permit such minor to loiter, idle, wander, stroll, or play in or upon the public streets, highways, roads, alleys, parks playgrounds, or other public grounds, public places or public buildings, places of amusement or entertainment, eating places, bacant lots or other place unsupervised by an adult having the lawful authority to be at such place during the following periods of time:
(1) for minors age fifteen and under, between the hours of ten p.m. on any day and six a.m. of the following day;
(2) for minors age sixteen and seventeen, between the hours of twelve midnight on any day and six a.m. of the following day.
SECTION 3. PENALTY
(A) Any minor violating the provisions of this chapter shall be dealt with in accordance with juvenile court law and procedure. Any police officer finding a minor under the age of eighteen years violating the provisions of this chapter shall warn the child to desist from such violation and immediately return home and shall cause a written notice to be served upon the parent, guardian or person in charge of such child, setting forth the manner in which the provisions of this chapter have been violated. For the purpose of this section, notice shall be deemed properly served upon such parent, guardian or person in charge of a child if a copy therof is served upon him or her personally or if a copy thereof is sent by certified mail, return receipt requested, at this or her last known address; provided further, if the notice cannot be conveniently served by the aforesaid, service of this notice is to be made upon such parent, guardian or person in charge of a child by at least one publication in the official newspaper of the city, such publication to contain the conditions and reasons of the notice.
(B) Any parent, guardian, or person having the care and custody of a child who shall permit such child to violate the provisions of this chapter after receiving written notice that such child has previously violated such provisions shall be subject to a mandatory, minimum fine of fifty dollars, plus costs, for the first such offense and a mandatory, minimum fine of one hundred dollars and a maximum fine of five hundred dollars plus costs, for a second or subsequent such offense, with a request to the appropriate court that consideration be given to community service for the offending juvenile as an alternative to any set fine.
SECTION 4. REPEAL
Ordinance 406 and all Ordinances in conflict herewith, shall be and the the same are herby repealed.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect and be in force from and after its passage and publication once in the official city newspaper.
PASSED AND APPROVED by the Governing Body of the City of Moundridge, KS, this 17th day of Secptember, 1996.
CITY OF MOUNDRIDGE, KANSAS
s/Maurice Stephan
Mayor
ATTEST:
s/Ronald L. Huxman
City Clerk
(First published in the Ledger Thursday, Sept 26, 1996.)
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ORDINANCE NO 714
AN ORDINANCE ADOPTING A FIRE PREVENTION CODE PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION; ESTABLISHING AN OFFICE OF INSPECTION; AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MOUNDRIDGE, KANSAS.
SECTION 1. ADOPTION OF UNIFORM FIRE CODE. There is hereby adopted by the City of Moundridge, Kansas, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the "Uniform Fire Cod" recommended by the International Conference of Building Officials and the Western Fire Chiefs Association, being particularly the 1988 edition, a copy of which now if filed in the Office of the City Clerk, and the same is hereby adopted and incorporated as fully as if set out herein at length, as authorized and in the manner provided by K.S.A. Section 12-3009 to 12-3012, both inclusive, and any other state atatues as may pertain to to said authority.
SECTION 2. OFFICE OF INSPECTION. It shall be the duty and responsibility of the Chief of the Fire Department of the City, to supervise and enforce the provisions of the Uniform Fire Code. The Chief of the Fire Department may detail such members of the Fire Department as inspectors, as shall from time to time be necessary.
SECTION 3. Any owner, agent or toerh person failing to comply with the provisions of the ordinance and code, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum of not to exceed $100.00 or by imprisonment for not more than 30 days, or by both such fine and imprisonment, and each day's failure to comply with the provisions of this ordinance shall be deemed a separate and distinct offense.
SECTION 4. The imposition of the penalty herein prescribed shall not preclude the City from instituting an appropriate action to restrain, correct or abate a violation of this ordinance.
SECTION 5. The invalidity of any section of this ordinance or of any provision of the code shall not invalidate other provisions of sections thereof.
SECTION 6. All ordinances or parts of ordinances in conflict herewith, including ordinance 512, are hereby repealed.
SECTION 7. This ordinance shall take efect and be in force from and after its adoption and publication in the official city newspaper.
PASSED AND ADOPTED THIS 20th day of June, 1989.
s/MAURICE STEPHAN, Mayor
(SEAL)
ATTEST
s/RONALD L. HUXMAN, City Clerk
(First published in The Ledger, Moundridge, Kansas on July 6, 1989.) 27-27m
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AN ORDINANCE REGULATING THE SHOOTING OR DISCHARGIN OF FIREWORKS IN THE CITY OF MOUNDIRDGE, KANSAS
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MOUNDRIDGE, KANSAS:
SECTION 1. That it shall be unlawful for any person to shoot or discharge any type of Fireworks or Firecrackers within the Corporate Limits of the City of Moundrge at any time or place except on the 2nd, 3rd, 4th, or 5th of July.
SECTION 2. It shall be unlawful for any person to shoot or sidcharge any Fireworks or Firecrackers on any street or alley in the City of Moundiridge at any time.
SECTION 3. Any person found guilty of violating this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined a sum of not less than $5.00, nor more than $25.00 for each offense.
SECTION 4. This ordinance shall be in full force and take effect, from, and after, its publication once in the Ledger.
PASSED by the Council and approved by the Mayor this 2nd day of March, 1998.
s/Maurice Stephan, Mayor
ATTEST
Ronald L. Huxman - City Clerk
First published in the Ledger, March 12, 1998.
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MOTOR VEHICLES:
ORDINANCE NO 483
AN ORDINANCE REGULATING THE PARKING OF VEHICLES AND PROVIDING FOR THE PENALTIES THEREOF:
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MOUNDRIDGE, KANSAS:
SECTION 1. It shall be unlawful for any person, firm or corporation, to park or cause to be parkedany automobile, truck, or other vehicle, in such a manner as to obstruct the use of the existing public sidewalk or obstruct the use of that portion of the parking area used by pedestrians in lieu of a sidewalk.
SECTION 2. It shall be unlawful for any person, firm or corporation, to park or cause to be parked, any automobile, truck, or other vehicle, upon the streets, alleys, street parkings or any public area, in the City of Moundridge, Kansas, for a continuous period of time exceeding 72 hours.
SECTION 3. Any person, firm, or corporation violating the provisions of this ordinance shall, upon conviction thereof, be fined in any sum not less than $10.00 nor more than $50.00 for each offense.
THIS ORDINANCE shall take effect and be in force from and after its adoption and publication in the Moundridge Journal, the official city Newspaper.
PASSED AND ADOPTED this 2nd day of March, 1965.
s/WILLIS J. WOLLMANN, Mayor
(SEAL)
ATTEST:
P.W. BACHMAN, City Clerk
(First published in the Moundridge Journal March 11, 1965)
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ORDINANCE NO 597
An Ordinance Regulating the Parking of Certain Trucks, Busses, Trailers and Truck-Trailer combinations on the Streets of the City of Moundridge.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MOUNDRIDGE, KANSAS:
SECTION 1. It shall be unlawful to park any truck with a manufacturers rated capacity of moure than one ton, or bus, trailer or truck-trailer combination with an overall length of more than 30 feet, on any street within the corporate limits of the City of Moundridge for period of time longer than two hours, except that parking for more than two hours is permitted when necessary for the loading or unloading of cargo.
SECTION 2. Every person, firm or corporation convicted of violating the provisions of this ordinance shall be fined in a sum not to exceed $100.00.
SECTION 3. This ordinance shall take effect and be in full force fron and after its publication in the Moundrge Journal, the official city newspaper.
Passed and adopted this 16th day of October, 1979.
WILLIS J. WOLLMANN, Mayor
(SEAL)
ATTEST
ELMER H. GOERING, City Clerk
First published in the Moundridge Journal, Moundridge, Kansas, Thursday, October 25, 1979) 43-43
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ORDINANCE NO 706
AN ORDINANCE REGULATING LEFT TURNS, U-TURNS AND ILLEGAL BACKING AND EXITING OF PARKING PLACES WITHIN THE CORPORATE CITY LIMITS OF MOUNDRIDGE, KANSAS PROVIDING PENALTIES FOR THE VIOLATION THEREOF; AND REPEALING ALL OTHER ORDINANCE IN CONFLICT THEREWITH.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MOUNDRIDGE THAT:
SECTION 1. LEFT TURNS. It shall be unlawful for the driver of any vehicle to turn such vehicle across the center line for puposes of obtaining a parking place on the opposite side of the street from which said driver is traveling.
SECTION 2. U-TURNS. It shall be unlawful for the driver of any vehicle to turn such vehicle so as to proceed in the opposite direction anywhere within the corporate limits of the City of Moundridge, Kansas except at an intersection and shall then be made only provided such movement can be made in safety without interfering with other traffic.
SECTION 3. ILLEGAL BACKING. It shall be unlawful for the driver of any vehicle to back out of a parked position and cross the center line to travel in the opposite direction of which they are parked.
SECTION 4. PENALTIES. Any person, firm, or corporation violating any of the provisions of this ordinance shall, upon conviction thereof, be fined in any sum not to exceed 10 days, or both fine and imprisonment.
SECTION 5. REPEAL. Ordinance 530 and all other ordinances or parts of ordinances in conflict herewith be and are hereby repealed.
SECTION 6. EFFECTIVE DATE. This ordinance shall take effect and be in full force from and after its publication in The Ledger, the official city newspaper.
PASSED AND ADOPTED this 19th day of April, 1988.
Maurice Stephan - Mayor
(SEAL)
ATTEST:
Ronald L. Huxman - Clerk
(First published in the Ledger, Moundridge, Kansas, Thursday, April, 28, 1988.) 17-17m
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ORDINANCE NO. 758
AN ORDINANCE HAVING TO DO WITH THE DISPOSITION OF INOPERABLE OR JUNKED MOTOR VEHICLES LOCATED ON PRIVATE PROPERTY.
SECTION 1. FINDINGS OF THE GOVERNING BODY. The governing body finds that junked, wrecked desmantled, inoperative or abandoned vehicles affect the health, safety and general welfare of citizens of the city because they:
(a) Serve as a breeding ground for flies, mosquitoes, rats and other insects and rodents;
(b) Are a danger to persons, particularly children, because of broken glass, sharp metal protrusions, insecure mounting on blocks, jacks or other supports;
(c) Are a redy source of fire and explosion;
(d) Encourage pilfering and theft;
(e) Constitute a blighting influence upon the area in which they are located;
(f) Constitute a fire hazard because they frequently block access for fire equipment to adjacent buildings and structures.
SECTION 2. DEFINITIONS. As used in this ordinance, unless the context clearly indicates otherwise:
(a) Inoperable means a condition of being junked, wrecked, wholly or partially dismantled, discarded, abandoned or unable to perform the function or purpose for which it was originally constructed;
(b) Vehicle menas, without limitation, any automobile, truck, tractor or motorcycle which as originally built contained an engine, regardless of whether it contains an engine at any other time.
SECTION 3. NUISANCES UNLAWFUL; DEFINED; EXCEPTIONS.It shall be unlawful for any person to maintain or permit any motor vehicle nuisance within the city.
(a) A motor vehicle nuisance is any motor vehicle which is not currently registered or tagged pursuant to K.S.A. 8-126 to 8-149 inclusive, as amended; or parked in violation of city ordinance; or incapable of moving under its own power; or in a junked, wrecked or inoperablecondition. Any one of the following conditions shall raise the presumption that a vehicle is junked, wrecked or inoperable;
1. Absence of a current registration plate upon the vehicle;
2. Placement of the vehicle or parts thereof upon jacks, blocks, or other supports;
3. Absence of one or more parts of the vehicle neccessary for the lawful operation of the vehicle upon street or highway.
(b) The provisions of this section shall not apply to:
1. The parking or storage of a vehicle inoperable for a period of 30 consecutive days or less; or
2. Any motor vehicle which is screened from pulbic view by approved fencing;
3. Any motor vehicle which is screened from public view through the use of an approved vehicle cover (sheet of plastic tied on with ropes or strings, for example, will not be approved);
4. Any motor vehicle which is enclosed in a garage or other building;
5. To any person conducting a business enterprise in compliance with existing xoning regulations or who places such vehicles behind screening of sufficient size, strength and density to screen such vehicles from the view of the public and to prohibit ready access to stored vehicles by children. However, nothing in this subsection shall be construed to authorize the maintenance of a public nuisance.
SECTION 4. PUBLIC OFFICER. The governing body shall designate a public officer charged with the administration and enforcement of this ordinance.
SECTION 5. COMPLAINTS; INQUIRY AND INSPECTION. The public officer shall make inquiry and inspection of premises upon receiving a complaint or or complaints in writing signed by two or more persons stating that a nuisance exists and describing the same and where located or is informed that a nuisance may exist by the board of health, chief of poice or the fire chief. The public officer may make such inquiry and inspection when he or she observes conditions which appear to constitute a nuisance. Upon making any inquiry and inspection the public officer shall make a written report of findings.
SECTION 6. RIGHT OF ENTRY. It shall be a violation of this ordinance to deny the public officer the righ of access and entry upon private property at any resonalbe time for the purpose of making inquiry and inspection to determine if a nuisance exists.
SECTION 7. NOTICE. any person found by the public officer to be in violation of Section 3 shall be served a notice of such violation. This notice shall be served by restiricted mail, postage prepaid, return receipt requested; provided, that if the owner or his or her agent in charge of the property is a resident of the City of Moundridge, the notice may be personally served by the public officer or a law enforcement officer.
SECTION 8. SAME; CONTENTS. The notice shall state the condition(s) which is (are) in violation of Section 3. The notice shall also inform the person that:
(a) He, she or they shall have 10 days from the date of serving the notice to abate the condition(s) in violation of Section 3; or
(b) He, she or they shall have 10 days from the date of serving the notice to request a hearing before the governing body of the matter as provided by Section 12;
(c) Failure to abate the condition(s) or to request a hearing within the time allowed may result in prosecution as provided by Section 9 and /or abatement of the condition(s) by the city as provided by Section 10.
SECTION 9. FAILURE TO COMPLY; PENALTY. Should the person fail to comply with the notice to abate the nuisance or request a hearing, the public officer may file a complaint in the municipal court of the city against such person and upon conviction of any violation of provisions of Section 3, be fined in an amount not to exceed $100 or be imprisioned not to exceed 30 days or be both fined and imprisoned. Each day during or on which a violation occurs or continues after notice has been served shall constitute an additional or separate offense.
SECTION 10. ABATEMENT. In addition to, or as an alternative to prosecution as provided in Section 9, the pulbic officer may seek remedy violations of this ordinance in the follwoing manner. If a person to whom a notice has been sent pursuant to Section 7 has neigher alleviated the conditions causing the alleged violation or requested a hearing before the governing body within the time period specified in Section 8, the public officer may present a resolution to the governing body for adoption authorizing the public officer or other agents of the city to abate the conditions causing the violation at the end of 10 days after pasage of the resolution. The resolution shall further provide that the costs incurred by the city shall be charged against the lot or parcel of ground on which the nuisance was located as provided in Section 13. A copy of the resolution shall be served upon the person in violation in one of the following ways:
(a) Personal service upon the person in violation;
(b) Service by restricted ail, postage prepaid, return receipt requested; or
(c) In the event the whereabouts of such person are unknown and the same cannot be ascertained in the exercise of resonable diligence, an affidavit to the effect shall be made by the public officer and filed with the city clerk, and the serving of the resolution shall be made by publishing the same once each week for two consecutive weeks in the official city newspaper and by posting a copy of the resolution on the premises where such condition exists.
SECTION 11. DISPOSITION OF VEHICLE. Disposition of any motor vehicle removed and abated from private property pursuant to this ordinance shall as provided by K.S.A. Supp. 8-1102, as amended.
SECTION 12. HEARING. If a hearing is requested within the 10 day period as provided in Section 8, such request shall be made in writing to the governing body. Failure to make a timely request for a hearing shall constitute a waiver of the person's right to contest the findings of the public officer before the governing body. The hearing shall be heldby the governing body as soon as possible after the filing of the request therefore, and the person shall be advised by the city of the time and place of the hearing at least five ddays in advance thereof. At any such hearing, the person may be represented by counsel, and the person and the city may introduce such witnesses and evidence as is deemed necessary and proper by the the governing body. The hearing need not be conducted according to the formal rules of evidence. Upon conclusion of the hearing, the governing body shall record its determination of the matter by means of adopting a resolution and serving the resolution upon the person in the matter provided in Section 10.
SECTION 13. COSTS ASSESSED. If the city abates the nuisance pursuant to Section 10, the cost of abatement shall be charged against the lot or parcel of ground on which the nuisance was located. The city clerk shall, at the time of certifying other taxes to the county clerk, certify the costs as provided in this section. The county clerk shall extend the same on the tax roll and it shall be collected by the county treasurer and paid to the city as other city taxes are collected and paid.
SECTION 14. EFFECTIVE DATE. The ordinance shall take effect and be in force from and after its publication in "The Ledger", the official city newpaper.
PASSED AND APPROVED by the governing body and approved by the Mayor on this 5th day of November, 1996.
Mayor
SEAL
ATTEST
CITY CLERK
(First published in "The Ledger" November 14, 1996.)
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ORDINANCE NO 772
An Ordinance Designating Certain Streets Within the Corporate Limits of the City of Moundridge as Truck Routes and Limiting the Operation of Certain Vehicles to Designated Truck Routes.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MOUNDRIDGE, KANSAS:
SECTION 1. It shall be unlawful to operate any truck rated at one ton or larger, or pick-trucks and grain cart combinations, or farm tractors and grain cart or other farm related equipment combination, or any other truck-trailer combination on any street in the City of Moundridge that is not designated as a truck troute, for the express purposed of the conduct of business or trade, except when necessary to deliver or pick up cargo at a site that cannot be reached by following a designated truck route.
SECTION 2. The folowing streets are hereby designated as Truck Routes:
(a) The entire length of Christian Street.
(b) The entire legth of Cole Street.
(c) That portion of Drucilla Street between Hoch Street and the Missouri Pacific ROW.
(d) That portion of Hirschler Street between Christian Street and Drucilla Street.
(f) That portion of Randall Street between Cole Street and the alley between Hirschler and Krehbiel Streets.
(g) The entire length of Hoch Street.
SECTION 3. Any person, firm or corporation violating the provisions to this ordinance shall, upon convicetion therefo, be fined in a sum not to exceed $500.00.
SECTION 4. Ordinance 598 and all other ordinances in conflict herewith are hereby repealed.
SECTION 5. This ordinance shall take effect and be in full force from and after its publication in the Ledger, the official city newspaper.
Passed and adopted this 6th day of October, 1997.
Maurice Stephan - Mayor
(SEAL)
ATTEST
Ronald L. Huxman - Clerk
First published in the Ledger, Moundridge, Kansas, Thursday, October 9, 1997) Top of Page
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NUISANCES:
ORDINANCE NO 761
AN ORDINANCE PERTAINING TO AND ENUMERATING NUISANCES: PROVIDING FOR ABATEMENT OR SUPPRESSION THEREOF BY THE CITY: AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF.
Be it ordained by the Governing Body of the City of Moundridge, Kansas:
SECTION 1. The following substances, ordors, conditions, articles and actions are are found to be infjurious to the health, wellbeing and welfare of the inhabitants of the City of Moundridge, Kansas and are hereby declared to be nuisances:
(a) The collection or accummulation of any filth, offal, waste, putrescible refuse matter, animal vegetable, or any putrid or unwholesome substance.
(b) To allow or permit any cellar, stable, poultry house, dog kennel, or any place where animals are kept or any water closet, or septic tank or privey within the city limits of the City of Moundirdge, Kansas to be in such condition as to emit offensive odors, create an insect or rodent attraction, or otherwise be injurious or hazardous to the public health.
(c) Any accummulation or the allowing of any accumulation of noisome or foul smelling pools of water or putrid liquid substances, whether animal or vertable which sall create or likely to create an insect breeding ground or be likely to create an epidemic or epidemic disease with the City of Moundridge, Kansas.
(d) Any accummulation or the permitting f any accummulation of unsightly storage or parking of material, equipment, suplies, junk, machinery, inoperable vehicles or parts thereof, in such a manner as to constitute a blight to the adjoining property, neighborhood or city.
(e) All grass, weeds or other vegetation with excessive growth on lots and pieces of land and in streets and alleys, in front of and abutting on any lot or piece of land within the City of Moundridge, Kansas.
(f) The emmission into the air of any substances, other than smoke, which shall infure, annoy, or inconvenience other persons, or the general health of the public.
(g) To allow any animal to run loose, or to walk any animal on leash, wht the express purpose of allowing said animal to defecate on public or private property with taking the responsibility of removing said feces. The owner of any animal, when such animal is off the owners property, shall be responsible for the removal of any feces depositedby such animal on public walks, streets, recreation areas, or private property and it shall be a violation of this provision for such owner to fail to remove or provide for the removal of such feces before taking such animal from the immediate area where such defacation occurred.
SECTION 2. The provisions of Section (d) of this ordinance shall not apply to any person, partnership or corporation or their agent with one vehicle inoperable for a period of thirty (30) consecutive days or less, nor shall the above named provisions apply to any person, firm or corporation or their agent who is conduction a business enterprise in compliance with existing zoning regulations or who places such material, equipment, supplies, junk, machinery, behicles or parts thereof behind screening of sufficient size, strength and density to screen such items from the view of the public using the streets and sidewalks and to prohibit ready access to such items by children;Provided, however that nothing in this section shall authorize the maintenance of a Public Health Hazard.
SECTION 3. It shall be unlawful for any person, company or corporation to permit any of the above mentioned nuisances to collect, accumulate or remain upon any land or premises controlled by such person, company or corporation with the City of Moundridge, Kansas, and any person, company or corporation who shall permit any substance or condition as aforesaid to collect, accumulate or remain on any premises controlled by him or them within the corporate limits of the City of Moundridge, Kansas, for a period of thirty (30) days after being directed by the City Council of the City of Moundridge, Kansas to remove the same shall be deemed builty of a misdemeanor, and upon conviction thereof may be punishable by a fine not to exceed $100.00. Each day that any nuisance is permitted to exist or continue after the expiration of the time given to abate the same shall constitute a separate offense.
SECTION 4. Upon signed complaint being filed with the City Council of the City of Moundride, Kansas, or upon otion of the City Council, the complaint shall be investigated and if sufficient cause is in evidence, the complaint shall be set for hearing and the City Clerk shall then by written notice to any such person, company or corporation or any officer or agent of such person, company or corporation give at least five (5) days written notice to such person, company or corporation of the hearing date. The City Council shall then determine whether or not a nuisance exists pursuant to this ordinance and allow a time certain to abate such nuisance but such time shall not exceed thirty (3) days from the order so issued.
SECTION 5. Any person affected by an order issued by the City Council, may petition the District Court of McPherson County, Kansas for an injunction restraining the City Council from carrying out the provisions of the order, and the Court may, upon such petition, issue a temporary injunction restraining the City Council, pending the final disposition of the cause; provided, however that such persons shall petition such District Court within fifteen (15) days after the positing and service of the order of the City Council. The remedies herin provided shall be exclusive remedies, and no person affected by an order of the City Council shall be entitled to recover any damage for action, pursuant to any order of the City Council or because of compliance of such person with any order of the City Council.
SECTION 6. In case any person, company or corporation or any officer or agent of such person, company or corporation required by this ordinance to abate a nuisance shall fail, refuse or neglect to do so in accordance with such notice and order issued by the City Council, the City Council by resolution shall direct that the nuisance be abated, and an accurate account of the costs of such work shall be kept with referenc to each lot or piece of ground and the same shall be certified thereof to the City Council who sall be ordinance levy such nuisances in all cases where the person or owners liable therefore shall not have paid the same to the City when notified to do so. The City Clerk shall certify the assessment to the County Clerk at the time other special assessments are certified for collection as other special assessments are taxed and collected. Money collected by the City from such assessments shall be credited to the City general fund.
SECTION 7. Should any section, subsection, sentence, clause or provision of this ordinance be declared by any Court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole or any part thereof, other than the part declared invalid.
SECTION 8. This ordinace shall take effect and be in force from and after its adoption by the governing bady of the City of Moundirdge, Kansas, and it publication in the Moundridge Journal, the official City paper.
PASSED AND ADOPTED by the governing body of the Cty of Moundridge, Kansas this 17th day of December, 1996.
Maurice Stephan, Mayor
(SEAL)
ATTEST
Ron Huxman, City Clerk
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ORDINANCE NO. 814
SECTION 1. WEEDS TO BE REMOVED. It shall be unlawful for any owner, agent, lessee, tenant, or other person occupying or having charge or control of any premises to permit weeds to remain upon said premises or any area between the property lines of said premises and the centerline of any adjacent street or alley, including but not specifically limited to sidewalks, streets, alleys, easements, rights-of-way and all other areas, public or private. All weeds as herinafter defined are herby declared a nuisance and are subject to abatement as herinafter provided.
SECTION 2. DEFINITIONS. Weeds as under herein, means any of the follwing:
(a) Brush and woody vines shall be classified as weeds;
(b) Weeds and grasses which may attain such large growth as to be become, when dry, a fire menace to adjacent improbed property;
(c) Weeds which bear or may bear seeds or a downy or wigy nature.
(d) Weeds which are located in an area which harbors rates, insects, animals, reptiles, or any other creature which either may or does constitute a menace to health, public safety or welfare;
(e) Weeds and greasses on or about residential property which, because of its height, has a blighting influence on neighborhood. Any such weeds and indigenous grasses shall be presumed to be blighting if they exceed 12 inches in height.
SECTION 3. PUBLIC OFFICER; NOTICE TO REMOVE. The Governing Body shall designate a public officer to be charged with the administration and enforcement of this ordinance. The public officer or an authorized assistant shall notify in writing the owner, occupany or agent in charge of any premises in the City upon which weeds exist in violation of this ordinance, by certified mail, return receipt requested, or by personal service, once per calendar year. Such notice shall include the following:
(a) That the owner, occupant, or agent in charge of the property is in violation of the City weed control law.
(b) That the owner, occupant, or agent in charge of the property is ordered to cut te weeds within 10 days of the receipt of notice.
(c) That the owner, occupant or agent in charge of the property may request a hearing before the governing body or its designated representative within five days of the receipt of notice.
(d) That if the owner, occupant or agent in charge of the property does not cut the weeds, the City or it authorized agent will cut the weeds and assess the cost of the cutting, including a resonable administrative fee, against the owner, occupant or agent in charge of the property.
(e) That the owner, occupant or agent in charge of the property will be given an opportunity to pay the assessment, and f it is not paid, it will be added to the property tax as a special assessment.
(f) That no further notice shall be given prior to removal of weeds during the current calendar year.
(g) That the public officer should be contacted if there are any questions regarding the order.
If the property is unoccupied and the owner of record cannot be located or served notice as specified, the City may abate the nuisance and costs will be added to the property tax as a special assessment. If there is a change in the record owner of title to property subsequent to the giving of notice pursuant to this subsection, the City may not recover any costs or levy an assessment for the costs incurred by the cutting or destruction of weeks on such property unless the new record owner of title to such property is provided notice as required by this ordinance.
SECTION 4. ABATEMENT; ASSESSMENT OF COSTS.
(a) Upon the expiration of 10 days after receipt of the notice required by Section 3, and in the event that the owner, occupant or agent in charge of the premises shall neglect or fail to comply with the requirements of Section 1, the public officer or an authorized assistant shall cause to be cut, destroyed and/or removed all such weekds and abate the nuisance created thereby at any time during the current calendar year.
(b) The public officer or an authorized assistant shall give notice to the owner, occupant or agent in charge of the premises by certified mail, return receipt requested, of the costs of abatement of the nuisance. The notice shall state that payment of the costs is due and payable within 30 days following receipt of the notice.
(c) IF the costs of removal or abatement remain unpaid after 30 days following receipt of notice, a record of the costs of cutting and destruction and/or removal shall be certified to the city clerk who shall cause such costs to be assessed against the particular lot or piece of land on which such weekds were so removed, and against such lots or pieces of land in front of or abutting on such street or alley on which such weeds were so removed. The city clerk shall certify the assessment to the county clerk at the time other special assessments are certified for spreading on the tax rolls of the county.(K.S.A. 12-1617f)
SECTION 5. RIGHT OF ENTRY. The public officer, and the public officer's authorized assistants, employees, contracting agents or other representatives are hereby expressly authorized to enter upon private property at all resonable hours for the purpose of cutting, destroying and/or removing such weekds in a manner not inconsistent with this ordinance.
SECTION 6. UNLAWFUL INTERFERENCE. It shall be unlawful for any person to interfere with or to attempt to prevent the public officer or the public officer's authorized representative from entering upon any such lot or piece of ground or from proceeding with such cutting and destruction. Such interference shall constitute an ordinance violation.
SECTION 7. NOXIOUS WEEDS.
(a) Nothing in this ordinance shall affect or impair the rights of the city under the provisions of Chapter 2, Article 13 of the Kansas Statutes Annotated, relating to the control and eradication of certain noxious weeds.
(b) For the purpose of this ordinance, the term noxious weeds shall mean kudzu (Pueraria lobata), field bindweek (Convolvulus arvensis), Russian knapweed (Centarurea picris), hoary cress (Lepidium draba), Canada thistle (Cirsium arvense), quackgrass (Agropyron repens), leafy spurge (Euphorbia esula), burragweed (Fraseria tomentosaand discolor), pignut (Hoffmannseffia densiflora), musk (nodding) thistle (Carduus nutans L.), and Johnson grass (Sorghum halepense)(K.S.A. 2-1314)
SECTION 8. AUTHORITY. This ordinance shall take precedence over an ordinance, or section of any ordinance in conflict herewith. Should any section, subsection, sentence, clause or provision of this ordinance be declared by any court of conpetent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole or any part thereof, other than the part declared invalid.
SECTION 9. EFFECTIVE DATE. This ordinance shall take effect and be in force from and after it adoption by the governing body of the City of Moundridge, Kansas, and its publication in the Ledger, the official city newspaper.PASSED AND ADOPTED by the governing body of the City of Moundridge, Kansas this 2nd day of June, 2003.
Maurice Stephan, Mayor
SEAL
ATTEST
Ronald L. Huxman, City Clerk
(Published in the Ledger, Moundridge, Kansas, on Thursday, June 5, 2003.)
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PUBLIC INFORMATION:
ORDINANCE NO 796
AN ORDINANCE ESTABLISHING FEES TO BE CHARGED TO PERSONS FOR ACCESSING AND/OR COPYING OPEN PUBLIC RECORDS.
Be it Ordained by the Governing Body of the City of Moundridge, Kansas:
SECTION 1. STATEMENT OF PURPOSE, REVIEW. It is the purpose of this Ordinance to establish resonable fees and charges for the provision of access to or copies of open public records in the possission of the City to avoid the necessity of using general public funds of the City to subsidize special services and benefits to a record requester. The official records custodian shall periodically recommend to the Governing Body such changes in the Ordinance as may be necessary to secure this purpose.
SECTION 2. INSPECITION FEE. (a) Where a request has been made for inspecition of any open public record which is readily available to the records custodian, there shall be no inspection fee charged to the requester. (b) In all cases not covered by subsection (a) of this section, a records inspection fee shall be charged at the rate of $10.00 per hour per employee engaged in the record search. A minimum charge of $5.00 shall be charged for each such request.
SECTION 3. COPYING FEE. (a) A fee of 20 cents per page shall be charged for photocopying public records, such fee to cover the cost of labor, materials and equipment. (b) For copying any public records which cannot be reproduced by the City's photocopying equipment, the requester shall be charged the actual cosst to the city, including staff time, in reproducing such records.
SECTION 4. PREPAYMENT OF FEES.
(a) A records custodian may demand prepayment of the fees established by this ordinance whenever he or she believes this to be in the best interest of the city. The prepayment amount shall be an estimate of the inspection and/or copying charges accured in fulfilling the record request. Any overage or underage in the prepayment shall be settled prior to inspection of the requested record or delivery of the requested copies.
(b) Prepayment of inspection and/or copying fees shall be required whenever, in the best estimate of the records custodian, such fees are estimated to exceed $10.00.
(c) Where prepayment has been demanded by the records custodian, no record shall be made available to the requester until such prepayment has been made.
SECTION 5. PAYMENT. All fees charged under this Ordinance shall be paid to the custodian of the records inspected and/or copied unless the requester has established an account, for purposes of billing and payment, with the City.
SECTION 6. APPOINTMENT OF OFFICIAL CUSTODIAN. The City Clerk is hereby appointed as the official custodian for the purposes of KORA and is hereby charged with responsibility for compliance with that Act with respect to the records of the City of Moundridge, appointive City boards and commissions, Moundridge Municipal Court, Moundrdge EMS, Moundirdge Fire Department, and Moundridge Police Department. The City Clerk is hereby authorized to designate any subordinate office or employee to serve as records custodian and shall have such duties and powers as are set out in KORA.
SECTION 7. EFFECTIVE DATE. this Ordinance shall take effect and be in force from and after its publication in the official City newspaper.
ADOPTED by the Governing body of the City of Moundridge, Kansas, this 12th day of September, 2000.
Maurice Stephan - Mayor
ATTEST
Ronald L. Huxman - City Clerk
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UTILITIES:
ORDINANCE NO. 656
(Sections repealed by Ordinance 673-following)
AN ORDINANCE ESTABLISING CLASSES OF ELECTRIC SERVICE, A SYSTEM OF CHARGES FOR ELECTRIC SERVICE, RATE SCHEDULES APPLICABLE TO EACH CLASS OF ELECTRIC SERVICE, AND REPEALING ORDINANCE NO. 634.
BE IT ORDAINED by the Governing Body of the City of Moundridge that the following classes of electric service and systems of charges and rates be established:
ARTICLE I Classes of Service
SECTION 1. RESIDENTIAL SERVICE.
A. Residential Service shall apply to all domestic uses in single family residences and individually metered apartments when supplied at one point of delivery and measured through one meter. This service is for the exclusive use of one residential customer and is not to be resold or shared with others.
B. When more than four rooms in a residence are rented or available for renting the residence shall be considered as a commercial rooming house and be billed on the General Service rate schedule.
C. The Residential Service rate shcedule is not available to residential premeises that are also used for commercial purposes. If domestic and non-domestic uses on residential rates shall apply to the KWH used for domestic purposes and separate billings shall be issued for each class of service metered.
D. Residential Service shall be single phase service at the voltage available for the service requried.
SECTION 2. GENERAL SERVICE.
A. General Service shall apply to all customers using electric service for any purpose except domestic uses in residences and whose total annual energy use is less than 100,000 kilowatt hours. This service is to be supplied at one point of delivery, measured through one meter and is not to be resold or shared with others.
B. General Service shall be single phase or three phase of any standard voltage and phase the city has available for the service required.
SECTION 3. LARGE GENERAL SERVICE.
A. Large General Service shall apply to all customers using electric service for any purpose except domestuc uses in residence and whose total annual energy requirement is 100,000 kilowatt hours or more. This service is to be supplied at one point of delivery, measured through one meter and is not to be resold or share with others.
B. Large General Service shall be three phase and of any standard voltage.
ARTICLE II System of Charges
SECTION 1. Residentail Service net monthly billings shall include a monthly service charge which may include payment for a minimum KWH energy usage, plus a charge for all additional KWH of energy used, plus a monthly fuel and energy cost adjustment.
SECTION 2. General Service net monthly billings shall include a monthly service charge, plus a charge for all KWH of energy used, plus a monthly fuel and energy cost adjustment.
SECTION 3. Large General Service net monthly billings shall include a monthly service charge, plus a charge per kilowatt of billing capacity, plus a charge for all KWH of energy used, plus a monthly fuel and energy cost adjustment.
SECTION 4. Minimum Monthly Billings. The minimum monthly billings for Residential Service and General Service shall be the monthly service charge disignated in the rate schedule for each class of service.
In the event a Residential Service customer or General Service customer orders a recondition of electric service at the same premises within a period of twelve months follwoing the customer's disconnect order, the customer shall pay a recondition fee equal to the sum of the monthly minimum billisng that have accrued during the period of disconnection. The minimum monthly billings for Large General service shall be the monthly capacity charge.
In the event a Large General Service customer orders a recondition of electric service at the same premises within a period of twelve months following the same customers disconnect order, the customer shall pay a recondition fee equal to the sum of the monthly minimum billings that have accrued during the period of disconnection.
SECTION 5. Monthly Billing Capacity. The billing capacity shall be determined for each customer of September 1 of each year. The billing capacity shall be the largest of the three 15-minute monthly maximum power demands, in kilowatts, that the customer has established in the months of June, July and August preceding each annual determination of the customers billing capacity on September 1.
When a new service in initiated after September 1, the customer's billing capacity each month prior to June 1 will be the customer's 15-minute maximum demand (kw) each month. In June, July and August preceding the annual determinitation of the customer's billing capacity on September 1, the billing capacity shall be the largest of the demands made by the customer in June, July and August.
When this service schedule is first implemented by the City, each customer's billing capacity shall be determined in the manner described above for new customers.
SECTION 6. FUEL AND ENERGY COST ADJUSTMENT (FECA) SCHEDULE FECA-83
The Moundridge retail electric rates are based on an average wholesale cost of purchased electricity equivalent to $0.0480 per KWH delievered to the Moundridge electric system from the McPherson Board of Public Utilities.
Whenever the monthly average cost of purchased electricity differs from the base cost of $0.048 per KWH all Moundridge customer. The difference between the actual cost of electricity purchased from the Board of Public Utilities and the base cost of $0.0480 per KWH shall be multiplied by 1.08 to compensate for the distribution losses and for energy furnished free by the Moundridge electric utility to the City.
ARTICLE III Rates and Charges
SECTION 1. RESIDENTIAL SERVICE (SCHEDULE RS-83)
$8.00 per month service charge which shall include payment for the first 70 KWH of energy used.
$.073 per KWH for all additional KWH per month.
Minimum monthly billing shall be $8.00
SECTION 2. GENERAL SERVICE (SCHEDULE GS-83)
$9.00 per month service charge.
$0.069 per KWH for all KWH used per month.
Minimum monthly billing shall be $9.00
SECTION 3. LARGE GENERAL SERVICE (SCHEDULE LGS-83)
$15.00 per month service charge.
$8.00 per kilowatt of billing capacity per month.
$0.035 per KWH for all KWH used per month. Minimum monthly charge shall be each customer's billing capacity charge.
SECTION 4. The monthly rates and charges for Residential Service furnished to customers outside the corporate limits of the City of Moundridge shall be increased by a surcharge of 11% based on the rates and charges set forth in Article III, Section 1, of this ordinance.
SECTION 5. Each monthly billing is subject to adjustment upward or downward for changes int he costs of electricity purchased by the City of Moundridge as provided in the City's Fuel and Energy Cost Adjustment Schedule FECA-83. The amounts added to or deducted from the monthly base rate billings under the FECA adjustments shall not be reduced by any other adjustment or discount, nor shall such amount reduce the monthly minimum billings.
SECTION 6. The rates and charges for electric service as herin set forth shall be effective on all billings issued after July 1, 1983.
SECTION 7. Ordinance 634 and all other ordinances or parts thererof, in conflict herewith, shall be and hereby repealed.
ARTICEL IV Adoption
This ordinace shall take effect and be in full force from and after its publication in the Moundridge Journal, the official City newpaper.
PASSED AND APPROVED this 21st day of June, 1982.
s/WILLIS J. WOLLMANN, Mayor
(SEAL)
ATTEST:
s/ELMER H. GOERING, City Clerk
(First published in the Moundridge Journal, Moundridge, Kansas on Thursday, June 30, 1983.) 26-26m
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ORDINANCE NO 673
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MOUNDRIDGE, KANSAS.
SECTION 1. Article III, Section 1, subparagraph 1 of Ordinance No. 656 is hereby repealed.
SECTION 2. Article III, Section 1, subparagraph 1 of Ordinance No 656 upon its adoption hereby shall appear as follows:
$8.00 per month service charge which shall include
payment for the first 30 KWH of energy used.
SECTION 3. This Ordinance shall take effect and be in force from and after its adoption by the governing body of the City of Moundridge, Kansas, and its publication in the Moundrge Journal, the official city paper.
PASSED AND ADOPTED by the governing body of the City of Moundridge, Kansas, this 16th day of October, 1984.
s/WILLIS J WOLLMANN, Mayor
ATTEST:
s/LEE D WENGER, City Clerk
First published in the Moundridge Journal, Moundridge, Kansas, Thursday, October 25, 1984. 43-43m
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ORDINANCE NO 797
AN ORDINANCE ESTABLISHING RATES AND CHARGES FOR NATURAL GAS SERVICE FURNISHED BY THE CITY OF MOUNDRIDGE, KANSAS, AND REPEALING ALL OTHER ORDINANCES IN CONFLICT HEREWITH.
BE IT ORDAINED by the Governing Body of the City of Moundridge, Kansas:
SECTION 1. Rates. The rate for natural gas consumption shall be according to the metered quantities and shall be billed per MMBTU or any part thereof. The billing rate per unit (MMBTU) to the customer shall be determined as follows:
(a) An overhead margin fee of $1.25 shall be added to the total computed per unit cost paid by the City to its suppliers.
(b) As used herein "total computed per unit cost" means the total of all charges billed to the City by its suppliers divided by the total MMBTU's furnished to the City. Charges billed to the City by its suppliers may include, but are not limited to, charges for product, management/administration fees, if any, transportation costs, surcharges incurred by reason of over or under utilization, and the like.
(c) Total computed per unit cost shall be as determined from the most recent supplier billing received by the City prior to City's billing to the customer.
(d) The monthly rates and charges for gas service furnished to customers outside the corporate limits of the City of Moundridge, Kansas, shall be increased by a surcharge of 25% based on the rates and charges set forth in (a), (b) & (c) above.
SECTION 2. The method for determining the rate provided for herin shall become effective and be reflected on the billing statement sent to the customers during the month of November, 2000, and all monthly billings thereafter.
SECTION 3. All ordinances, or parts thereof, in conflict herewith, shall be and the same are hereby repealed.
SECTION 4. This ordinance shall take effect and be in full force from and after its adoption and publication in The Ledger, the official city paper.
PASSED AND ADOPTED this 2nd day of October, 2000.
Maurice Stephan - Mayor
ATTEST
Ronald L. Huxman - City Clerk
(First published in The Ledger October 5, 2000.)
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