Ordinance NO. 2374 AN ORDINANCE AMENDING TITLE 13, UTILITIES CODE OF THE CITY OF GARDNER, KANSAS, 2008, INCREASING VARIOUS RATES AND CHARGES AND AMENDING OR REPEALING ALL ORDINANCES OR REGULATIONS NOT IN CONFORMITY HEREWITH. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF GARDNER, KANSAS: SECTION ONE: Title 13, Chapter 13.15.010, Water Rates, is hereby amended to read as follows: 13.15.010 WATER RATES. All persons, firms or corporations having a connection with the City of Gardner water system shall be charged a monthly water service charge for each meter by which they are served and a water usage charge in accordance with the following rates. When multiple persons, firms or corporations are served by one water meter, a monthly water service charge shall be billed for each residential dwelling unit.

ECTION FOUR: Title 13, Chapter 13.40.010, Wastewater Rates, is hereby amended to read as follows: 13.40.010 WASTEWATER CHARGES. All persons, firms or corporations having a connection with the City of Gardner wastewater system shall pay monthly wastewater charges consisting of a wastewater service charge, a wastewater usage charge and an extra strength surcharge as provided herein. When multiple persons, firms or corporations are served by one water meter, a monthly wastewater service charge shall be billed for each residential dwelling unit. Residential and Non-Residential Wastewater Users 1. A monthly service charge of $10.70. 2. A monthly wastewater usage charge of $6.85 per one thousand (1,000) gallons. Monthly wastewater usage charges will be based on actual metered water usage except during the months of March through December, for which wastewater usage will be for not more than the average water usage for utility bills issued in January and February (winter average). The City Administrator or his/her designee will consider appeals, fully supported and documented, for adjustments due to non-sewered water use and may approve adjustments if warranted. Residential customers initiating wastewater service after February, or otherwise unable to establish a winter average, will be billed for actual wastewater use or 5,000 gallons, whichever is less, until an actual winter average can be established. Commercial customers initiating wastewater service after February, or otherwise unable to establish a winter average, will be billed for actual wastewater use or 20,000 gallons, whichever is less, until an actual winter average can be established. B. Nothing in this section shall prohibit the City from determining wastewater usage charges on an individual basis for those customers with large consumptive use of water. The City shall not be prohibited from charging new customers with expected large water usage, wastewater usage charges based on actual water usage until a winter average can be established. C. Those customers discharging sewage the strength of which is in excess of normal domestic sewage, will be billed a surcharge in addition to the normal charges. The surcharge shall be as follows: $ 0.60 per pound B.O.D., $ 0.55 per pound S.S. D. Any customer who discharges any pollutants which cause an increase in the cost of managing the effluent or the sludge from the City’s treatment works, or any customer who discharges any substance which singly or by interaction with other substances causes identifiable increases in the cost of operation, maintenance, or replacement of the treatment works, shall pay for such increased costs. The charge to each such customer shall be as determined by the City of Gardner. SECTION FIVE: All other ordinances not in conformity herewith are hereby repealed or amended to conform hereto. SECTION SIX: This ordinance shall take effect with billings issued by the City of Gardner beginning in and after January 1, 2012, and be in force following its passage, approval and publication as provided by law. PASSED and APPROVED this 15th day of August 2011. CITY OF GARDNER, KANSAS (SEAL) David C. Drovetta, Mayor, Attest: Doreen K. Pesek, City Clerk.