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Welcome to Fall River Kansas
RECENT RESOLUTIONS OF THE CITY OF FALL RIVER, KANSAS
Resolution No. 2016-02
A RESOLUTION OF THE CITY OF FALL RIVER, KANSAS, DESIGNATING AN ENFORCING OFFICER PURSUANT TO ORDINANCE 158 AND A PUBLIC OFFICER PURSUANT TO ORDINANCE 160.
WHEREAS, Ordinance 158 provides for designation of an Enforcing Officer for administration of its provisions, and
WHEREAS, Ordinance 160 provides for designation of a Public Officer for administration of its provisions;
IT IS HEREBY RESOLVED by the Governing Body that John Schouten, an adult citizen of Kansas and resident of the City of Fall River, Kansas, is hereby designated as Enforcing Officer for adminstration of Ordinance 158 and Public Officer for administration of Ordinance 160, effective July 1, 2016; and a monthly stipend of a total of $100.00 is hereby authorized for the combined positions as designated herein.
Adopted by the City Council and approved by the Mayor on this 6th day of June, 2016.
Haskell Fogle, Mayor
Attest: Cynthia Mitchell, City Clerk
Resolution No. 2016-05
A RESOLUTION OF THE CITY OF FALL RIVER, KANSAS DESIGNATING AN ENFORCING OFFICER PURSUANT TO ORDINANCE 158 AND A PUBLIC OFFICER PURSUANT TO ORDINANCE 160.
WHEREAS, Ordinance 158 provides for designation of an Enforcing Officer for administration of its provisions, and
WHEREAS, Ordinance 160 provides for designation of a Public Officer for administration of its provisions; and
WHEREAS, the Governing Body has determined that said offices should be filled and paid as combined offices; and
WHEREAS, John Schouten tendered his resignation of appointment to said combined offices, effective September 1, 2016;
IT IS HEREBY RESOLVED by the Governing body that Sheli Daniel-Schouten, an adult citizen of Kansas and resident of the City of Fall River,, Kansas, shall be appointed to said combined offices, effective October 1, 2016, and a monthly stipend of a total of $100.00 is hereby authorized for the combined positions as designated herein.
Adopted by the City Council and approved by the Mayor on this 12th day of September, 2016.
Haskell Fogle, Mayor
Attest: Cynthia Mitchell, City Clerk
CITY OF FALL RIVER, KANSAS
AMENDED RESOLUTION 2020-11
A RESOLUTION REGARDING UTILITY FEES AND CHARGES
WHEREAS, the City of Fall River, Kansas ("the City") provides certain utilities and services to owners
of residential and commercial real property used or intended for human occupancy, employment,
recreation, or other human use ("their premises"); and,
WHEREAS, pursuant to Ordinances 270 and 271, owners of such real property within the City limits
are required to provide service connections to the water supply systems and the wastewater and
sanitary sewer systems of the City and refrain from allowing garbage, solid waste and other refuse to
collect on their premises; and,
WHEREAS, the City requires such owners to pay a set monthly use fee for access to said utilities and
services, in order that the City may uniformly implement for all users the health and safety
requirements of its ordinances and state and federal laws, including City maintenance and repairs of
its utility systems; and to pay monthly per-gallon charges for City delivery of potable water to their
premises; and to pay monthly set charges for the City to provide and empty appropriate refuse
receptacles on residential and commercial premises; and to pay certain fees for commencement and
resumption of water delivery services; and
WHEREAS, Ordinance 271 provides that the amounts of said fees and charges are to be determined
from time to time by Resolution of the Governing Body;
NOW, THEREFORE, IT IS RESOLVED by the Governing Body that the following schedule of monthly
utility fees and charges shall remain in place from and after November 1, 2020, subject up to and
including a two-percent increase in calendar year 2020, and shall be applied as follows:
An access fee of:
$33.00 per month for maintenance and repairs of the utility systems, to be allocated at $15.00 to the water system and $18.00 to the wastewater and sanitary sewer system; and
Charges of:
$10.92 per thousand gallons of water delivered to the property by the City; and
$14.00 for wastewater and sanitary sewer systems
Service Fees, when applicable, of:
$25.00 for commencement of new water service, along with a $50.00 refundable deposit
toward continued service; and
$75.00 for resumption of water service, if water service has been discontinued either at the
request of an owner or involuntarily by the City for nonpayment of fees or other violations of City ordinances; and
Refuse Charges in the amounts of:
$ 16.22 per month for emptying of a 95-gallon residential trash receptacle placed by the City's contractors on residential premises.
$ 14.24 per month for emptying of a small commercial cart placed by the City's contractors on
commercial premises.
$ 45.43 per month for emptying of a two-yard commercial cart placed by the City's contractors
on commercial premises.
$ 67.70 per month for emptying of a three-yard commercial cart placed by the City's
contractors on commercial premises.
$ 89.84 per month for emptying of a four-yard commercial cart placed by the City's contractors on commercial premises; and
IT IS FURTHER RESOLVED that, should any owner request more than one such residential or
commercial receptacle, the City will provide such receptacles at the request of the owner, with a one-
time charge for delivery of commercial carts, depending on size and number; and
IT IS FURTHER RESOLVED THAT debris from construction, remodeling, repair, and/or demolition of buildings and other structures, including but not limited to concrete, rock, dirt, wood, roofing, and drywall must be separated from garbage and may not be placed in a residential trash receptable. Residential and commercial customers must contact the City to arrange for placement of a dumpster for such construction and demolition debris at the customer's expense.
This Amendment is for clarification and correction of clerical drafting error in Resolution 2020-11.
Passed and adopted by the City Council on the iz" day of October, 2020.
Approved: s/s/ Thomas A. McNeil
Thomas A. McNeil, Mayor
Attest: s/s Mandy Vanderhoof-Fogle
Mandy Vanderhoof-Fogle, City Clerk
CITY OF FALL RIVER, KANSAS
RESOLUTION 2020-14
A RESOLUTION REGARDING AN INCREASE IN UTILITY FEES AND CHARGES
WHEREAS, the City of Fall River, Kansas (lithe City") provides certain utilities and services to owners
of residential and commercial real property used or intended for human occupancy, employment,
recreation, or other human use ("their premises"); and,
WHEREAS, pursuant to Ordinances 270 and 271, owners of such real property within the City limits
are required to provide service connections to the water supply systems and the wastewater and
sanitary sewer systems of the City and refrain from allowing garbage, solid waste and other refuse to
collect on their premises; and,
WHEREAS, the City requires such owners to pay a set monthly use fee for access to said utilities and
services, in order that the City may uniformly implement for all users the health and safety
requirements of its ordinances and state and federal laws, including City maintenance and repairs of
its utility systems; and to pay monthly per-gallon charges for City delivery of potable water to their
premises; and to pay monthly set charges for the City to provide and empty appropriate refuse
receptacles on residential and commercial premises; and to pay certain fees for commencement and
resumption of water delivery services; and
WHEREAS Ordinance 271 provides that the amounts of said fees and charges are to be determined
from time to time by Resolution of the Governing Body; and
WHEREAS, the City of Fall River has received a rate increase of eleven percent in its cost per thousand
gallons of water delivered to the City; and the City Council, by a vote of 4-0 with one member absent,
passed Resolution 2020-13 on October 12th, 2020 to pass that increase to the consumer; and
WHEREAS, prior to publication of Resolution 2020-13, the City also received an increase in its contracted
rates for refuse removal in 2021; and the City Council, by a vote of 3-0 with two members abstaining, has
resolved to increase refuse service charges to 20 percent;
NOW, THEREFORE, IT IS RESOLVED by the Governing Body that the following schedule of monthly
utility fees and charges shall remain in place from and after January 1, 2021, and shall be applied as
follows:
An access fee of:
$33.00 per month for maintenance and repairs of the utility systems, to be allocated at $15.00
to the water system and $18.00 to the wastewater and sanitary sewer system; and
Charges of:
$12.12 per thousand gallons of water delivered to the property by the City; and
$14.00 for wastewater and sanitary sewer systems.
Service Fees, when applicable, of:
$25.00 for commencement of new water service, along with a $50.00 refundable deposit toward continued service; and
$75.00 for resumption of water service, if water service has been discontinued either at the request of an owner or involuntarily by the City for nonpayment of fees or other violations of
City ordinances; and
IT IS FURTHER RESOLVED THAT the following schedule of set fees and charges for refuse
removal services shall remain in place from and after January 1,2021:
$ 18.90 per month for emptying of a 95-gallon residential trash receptacle placed by the City's contractors on residential premises.
$ 16.60 per month for emptying of a small commercial cart placed by the City's contractors on commercial premises.
$ 51.92 per month for emptying of a two-yard commercial cart placed by the City's contractors on commercial premises.
$ 77.96 per month for emptying of a three-yard commercial cart placed by the City's contractors on commercial premises.
$103.86 per month for emptying of a four-yard commercial cart placed by the City's contractors on commercial premises; and
IT IS FURTHER RESOLVED THAT, should any owner request more than one such residential or
commercial receptacle, the City will provide such receptacles at the request of the owner, with a one-
time charge for delivery of commercial carts, depending on size and number; and the owner of such
residential or commercial property will pay the additional per month charge for each specified receptacle.
IT IS FURTHER RESOLVED THAT debris from construction, remodeling, repair, and/or demolition of
buildings and other structures, including but not limited to concrete, rock, dirt, wood, roofing, and
drywall must be separated from garbage and may not be placed in a residential trash receptable.
Passed and adopted by the City Council on November 9, 2020.
/s/ Tom McNeil
Tom McNeil, Mayor
Attest: /s/ Mandy Vaanderhoof-Fogle
Mandy Vanderhoof-Fogle, City Clerk
CITY OF FALL RIVER, KANSAS
RESOLUTION 2021-1
A RESOLUTION REGARDING UTILITY FEES AND CHARGES FOR SERVICES TO PROPERTIES
OUTSIDE THE CITY LIMITS.
WHEREAS, the City of Fall River, Kansas (the City") presently provides certain utilities and services to
certain residential and commercial properties outside the City limits ("the premises"), pursuant to prior
agreement between the City and the owners of the premises; and not on account of any other right of the
owners to such provision or any obligation of the City to make such provision; and
WHEREAS, the City requires the owners to pay a set monthly fee for access to said utilities and services;
and to pay monthly per-gallon charges for City delivery of potable water to the premises; and to pay
monthly set charges for the City to provide and empty appropriate refuse receptacles on the premises and
certain fees for commencement and resumption of water delivery services; and
WHEREAS, the amounts of said fees and charges may be determined from time to time by resolution of the
Governing Body;
NOW, THEREFORE, IT IS RESOLVED by the Governing Body that the following schedule of monthly
utility fees and charges shall remain in place from and after February 1, 2021, and shall be applied as
follows to properties outside the City limits:
An access fee of:
$35.00 per month for maintenance and repairs of the water system.
$38.00 for wastewater and sanitary sewer system; and
Charges of:
$12.12 per thousand gallons of water delivered to the property by the City and;
$18.90 per month for emptying of a 95-gallon residential trash receptacle placed
by the City's contractors on residential premises; and
$16.60 per month for emptying of a small commercial cart placed by the City's
contractors on commercial premises; or
$ 51.92 per month for emptying of a two-yard commercial cart placed by the City's
contractors on commercial premises; or
$ 77.96 per month for emptying of a three-yard commercial cart placed by the
City's contractors on commercial premises; or
$103.86 per month for emptying of a four-yard commercial cart placed by the City's
contractors on commercial premises; an
Service Fees, when applicable, of:
$25.00 for commencement of new water service, along with a $50.00 refundable deposit
toward continued service; and
$75.00 for resumption of water service, if water service has been discontinued at the
request of an owner or involuntarily by the City for nonpayment of fees or other violations
of City ordinances. However, if temporary disconnection is requested, the owner shall be
required to continue paying the utility access fees pending reconnection or permanent
discontinuation of the service; and
IS FURTHER RESOLVED THAT, should any owner request more than one residential or commercial
receptacle, the City will provide such receptacles, with a one- time charge for delivery of commercial carts
depending on size and number; and the owner of such residential or commercial property will pay the listed
additional per-month charge for each specified receptacle.
IT IS FURTHER RESOLVED THAT debris from construction, remodeling, repair, and/or demolition of
buildings and other structures, including but not limited to concrete, rock, dirt, wood, roofing, and drywall,
must be separated from residential garbage and may not be placed in a residential trash receptable.
Passed and adopted by the City Council on January 11, 2021
/s/ Tom McNeil
Tom McNeil, Mayor
/s/ Mandy Vanderhoof-Fogle
Mandy Vanderhoof-Fogle, City Clerk
CITY OF FALL RIVER, KANSAS
RESOLUTION 2021-2
A RESOLUTION REGARDING UTILITY FEES AND CHARGES.
WHEREAS the City of Fall River, Kansas (the City") presently provides certain utilities and services to owners of residential and commercial real property used or intended for human occupancy, employment, recreation, or other human use ("the premises"), and
WHEREAS, pursuant to Ordinances 270 and 271, owners of such real property must provide service connections to the City’s water supply system and the wastewater and sanitary sewer system, and pay a minimum monthly fee for access to said utilities and services, and pay certain fees for commencement and resumption of water delivery services; and
WHEREAS the amounts of said fees and other charges may be determined from time to time by resolution of the Governing Body; and a uniform assessment of said fees has been determined in Resolution 2020-14; and
WHEREAS the Governing Body has further determined that certain billing forbearance or exceptions should be recognized uniformly in the enforcement of said fees and charges.
NOW, THEREFORE, IT IS RESOLVED by the Governing Body that the following shall be observed as a matter of public policy, from and after adoption of this Resolution:
1. The $75.00 reconnection fee shall be stayed when a customer requests discontinuation and subsequently requests reconnection of water service unless the customer has also requested discontinuation either four times within four months or six times within a year. This forbearance provision will not apply at any time when the City has disconnected the water service on its own volition.
2. The set minimum monthly fee for access to water and wastewater/sewer services will not be stayed or waived when water service is discontinued, either at the request of the customer or on the City’s own volition However, if the City has found that all structures on the premises are in such condition as to be presently unusable for commerce or unsuitable for habitation, or both, the premises shall be deemed not subject to the requirements of Ordinances 270 and 271. In such cases, no City utility services will be provided, and the owners of the premises will not be assessed the set monthly minimum utility fee. Upon restoration of any of such structures to usable or suitable condition, set monthly minimum fees or charges then applicable to all owners of such premises will be required, and water service will be resumed upon request under the requirements of Ordinances 270 and 271.
IT IS FURTHER RESOLVED that nothing in this Resolution
shall be interpreted or deemed to affect or conflict with the content or enforcement of any ordinance of the City.
Passed and adopted by the City Council on February 8, 2021.
/s/ Tom McNeil
Tom McNeil, Mayor
/s/ Mandy Vanderhoof-Fogle
Mandy Vanderhoof-Fogle, City Clerk
CITY OF FALL RIVER, KANSAS
RESOLUTION 2021-3
A RESOLUTION FINDING THAT AN ORDER SHOULD ISSUE FOR VIOLATION
OF ORDINANCE 260
WHEREAS, on the 8th day of March, 2021, the duly appointed Public Officer of
the City of Fall River filed with the Governing Body the attached written report
stating that conditions continue to exist on the properties known as 404, 408,
and 414 Cliff Street, located within the City limits, on real property legally
described as: Lots one (1) through ten (10) and lots thirteen (13) through
twenty (20), town of Fall River, Greenwood County, Kansas.
NOW THEREFORE, IT IS RESOLVED by the Governing Body that, pursuant to
Section Four of Ordinance 260, an Order of Violation shall issue to the owner(s)
of said real properties. The Public Officer shall serve said order by certified
mail, return receipt requested, to each owner at the last known residence or
domicile shown on the records of Greenwood County, Kansas, for each owner,
and to each other individual entity known or believed to have a legal interest in
said properties.
Passed and adopted by the City Council on the 8th day f March, 2021.
/s/ Tom McNeil
Tom McNeil, Mayor
/s/ Mandy Vanderhoof-Fogle
Mandy Vanderhoof-Fogle, City Clerk
CITY OF FALL RIVER, KANSAS
RESOLUTION 2021-4
A RESOLUTION FIXING A TIME AND PLACE AND PROVIDING FOR NOTICE
OF A HEARING BEFORE THE GOVERNING BODY AT WHICH EACH OWNER,
HIS OR HER AGENT, ANY LIENHOLDER OF RECORD, OCCUPANT, AND
OTHER PARTIES WITH AN INTEREST IN ANY STRUCTURE LOCATED WITHIN
SAID CITY AND DESCRIBED HEREIN MAY APPEAR AND SHOW CAUSE WHY
SUCH STRUCTURES SHOULD NOT BE CONDEMNED AND ORDERED
REPAIRED OR DEMOLISHED AS UNSAFE, DANGEROUS, OR ABANDONED
STRUCTURES.
WHEREAS, on the 8th day of March 2021, the duly appointed Public
Officer of the City of Fall River filed with the Governing Body the attached
written report stating that certain structures located within the City
limits a recurrently dangerous, unsafe, and uninhabitable, and have been
abandoned for more than three years on the property known as 404 Cliff Street,
which is legally described as: Lots thirteen (13) and fourteen (14), block
sixteen, town of Fall River, Greenwood County, Kansas.
NOW THEREFORE, IT IS RESOLVED by the Governing Body that:
A hearing will be held on the 3rd day of May 2021, before the governing
body of the City at 7:00 p.m., at 409 Merchants Ave., Fall River, KS; at which
each owner, his or her agent, any lienholder of record, any occupant, and any
other parties with an interest, as that term is defined by law, in a structure
located at 404 Cliff Street, which location is legally described as: Lots thirteen
(13) and fourteen (14), block sixteen, town of Fall River, Greenwood County,
Kansas may appear and show cause why such structure should not be condemned as
dangerous, unsafe, uninhabitable, and abandoned, and be ordered repaired or
demolished.
BE IT FURTHER RESOLVED that the City Clerk shall cause this
resolution to be published once each week for two consecutive weeks on the
same day of each week in the official newspaper of the City.
Passed and adopted by the City Council on the 8th day of March 2021.
/s/ Tom McNeil
Tom McNeil, Mayor
/s/ Mandy Vanderhoof-Fogle
Mandy Vanderhoof-Fogle, City Clerk
CITY OF FALL RIVER, KANSAS
RESOLUTION 2021-5
A RESOLUTION FIXING A TIME AND PLACE AND PROVIDING FOR NOTICE
OF A HEARING BEFORE THE GOVERNING BODY AT WHICH EACH OWNER,
HIS OR HER AGENT, ANY LIENHOLDER OF RECORD, OCCUPANT, AND
OTHER PARTIES WITH AN INTEREST IN ANY STRUCTURE LOCATED WITHIN
SAID CITY AND DESCRIBED HEREIN MAY APPEAR AND SHOW CAUSE WHY
SUCH STRUCTURES SHOULD NOT BE CONDEMNED AND ORDERED
REPAIRED OR DEMOLISHED AS UNSAFE, DANGEROUS, OR ABANDONED
STRUCTURES.
WHEREAS, on the 8th day of March 2021, the duly appointed Public
Officer of the City of Fall River filed with the Governing Body the attached
written report stating thatcertain structures located within the City
limitsarecurrently dangerous, unsafe, and uninhabitable, and have been
abandoned for more than three yearson the property known as 414 Cliff Street,
which is legally described as: Lots eighteen (18), nineteen (19), and twenty
(20), block sixteen (16), City of Fall River, Greenwood County, Kansas.
NOW THEREFORE, IT IS RESOLVED by the Governing Body that:
A hearing will be held on the 3rd day of May 2021, before the governing
body of the City at 7:00 p.m., at 409 Merchants Ave., Fall River, KS; at which
each owner, his or her agent, any lienholder of record, any occupant, and any
other parties with an interest, as that term is defined by law, in a structure
located at 414 Cliff Street, which location is legally described as: Lots eighteen
(18), nineteen (19), and twenty (20), block sixteen (16), City of Fall River,
Greenwood County, Kansas; may appear and show cause why such structure
should not be condemned as dangerous, unsafe, uninhabitable, and
abandoned, and be ordered repaired or demolished.
BE IT FURTHER RESOLVED that the City Clerk shall cause this
resolution to be published once each week for two consecutive weeks on the
same day of each week in the official newspaper of the City.
Passed and adopted by the City Council on the 8th day of March, 2021.
/s/ Tom McNeil
Tom McNeil, Mayor
/s/ Mandy Vanderhoof-Fogle
Mandy Vanderhoof-Fogle, City Clerk
CITY OF FALL RIVER, KANSAS
RESOLUTION 2021-6
A RESOLUTION FIXING A TIME AND PLACE AND PROVIDING FOR NOTICE OF A
HEARING BEFORE THE GOVERNING BODY AT WHICH EACH OWNER, HIS OR HER
AGENT, ANY LIENHOLDER OF RECORD, OCCUPANT, AND OTHER PARTIES WITH AN
INTEREST IN ANY STRUCTURE LOCATED WITHIN SAID CITY AND DESCRIBED HEREIN
MAY APPEAR AND SHOW CAUSE WHY SUCH STRUCTURE SHOULD NOT BE
CONDEMNED AND ORDERED REPAIRED OR DEMOLISHED AS AN UNSAFE,
DANGEROUS, OR ABANDONED STRUCTURE.
WHEREAS, on the 8th day of March 2021, the duly appointed Public Officer of the
City of Fall River filed with the Governing Body the attached written report stating thata
certain structure located within the City limitsiscurrently dangerous, unsafe, and
uninhabitable, and has been abandoned for more than three yearson the property known
as 408Cliff Street, which is legally described as: Lots one (1), two (2), three (3), four (4), five
(5), six (6), seven (7), eight (8), nine (9), ten (10), fifteen (15), sixteen (16), seventeen (17),
block sixteen (16), town of Fall River, Greenwood County, Kansas
NOW THEREFORE, IT IS RESOLVED by the Governing Body that:
A hearing will be held on the 3rd day of May 2021, before the governing body of the
City at 7:00 p.m., at 409 Merchants Ave.,Fall River, KS; at which each owner, his or her
agent, any lienholder of record, any occupant, and any other parties with an interest, as
that term is defined by law, in a structure located at 408 Cliff Street, which location is
legally described as:
Lots one (1), two (2), three (3), four (4), five (5), six (6), seven (7), eight (8), nine (9), ten (10),
fifteen (15), sixteen (16), seventeen (17), block sixteen (16), town of Fall River, Greenwood
County, Kansas may appear and show cause why such structure should not be condemned
as dangerous, unsafe, uninhabitable, and abandoned, and be ordered repaired or
demolished.
BE IT FURTHER RESOLVED that the City Clerk shall cause this resolution to be
published once each week for two consecutive weeks on the same day of each week in the
official newspaper of the City.
Passed and adopted by the City Council on the 8th day of March 2021.
/s/ Tom McNeil
Tom McNeil, Mayor
/s/ Mandy Vanderhoof-Fogle
Mandy Vanderhoof-Fogle, City Clerk
RESOLUTIONS 2021-9, 2021-10, 2021-11, 2021-12 AND 2021-13 TABLED AT THIS TIME.
CITY OF FALL RIVER, KANSAS
RESOLUTION 2021-14
Regarding Violations of Ordinance 258
WHEREAS, the City Council scheduled a hearing at 7:00 p.m. on the 3rd day of
May, 2021, at the Community Building, regarding violations of Ordinance 258
concerning the structures located on the real properties legally described as
Lots One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7), Eight (8),
Nine (9), Ten (10), Fifteen (15), Sixteen (16), Seventeen (17), Block Sixteen (16),
Town of Fall River, Greenwood County, Kansas; and Lots Thirteen (13) and
Fourteen (14), Block Sixteen (16), Town of Fall River, Greenwood County,
Kansas; and
WHEREAS,thesole record owners of said real properties are Billy G. Keeney,
Sr., and Freda F. Keeney (both now deceased), husband and wife, as joint
tenants; and
WHEREAS, all three apparent heirs with arguable legal or equitable ownership
in some or all of said properties, Billy G. Keeney Jr., Angelia Davis, and
Timothy Keeney, were duly notified of said hearing and the opportunity to
attend, as provided by Ordinance 258; and
WHEREAS, none of these three individuals, nor as their personal
representative, nor as a personal representative of the estate of Billy G. Keeney,
Sr. nor as a personal representative of the estate of Freda F. Keeney appeared
before the City Council for the hearing:
NOW THEREFORE IT IS RESOLVED THAT, based on information provided by
the City's Enforcement Officer and on physical review and observation made
separately by each Council member, all structures now located on said
properties be found and determined to be unsafe, unfit for human use or
habitation, and abandoned.
WHEREFORE, the aforesaid three individuals with apparent claims to
ownership of some or all of said real properties shall have ten (10) days after
receipt of mail notice of this Resolution as provided in Ordinance 258, within
which to commence removal of said structures. Should they fail to timely
commence removal, the Council shall issue its order directing its Enforcement
Officer to remove each of said structures, with costs to be assessed as provided
in Ordinance 258.
Adopted by the City Council on the 21st day of May, 2021.
Dated: 5-21-2021
/s/ James S. Cude'
James S. Cude', Mayor
Attest: /s/ Mandy Vanderhoof-Fogle
Mandy Vanderhoof-Fogle, City Clerk
CITY OF FALL RIVER, KANSAS
RESOLUTION 2021-15
A RESOLUTION REGARDING BUDGET EXCEEDING REVENUE NEUTRAL RATE
WHEREAS, the existing tax lid was removed in 2021, and the Legislature enacted SB 13 and HB
2104 to establish new notice and public hearing requirements if a City's proposed budget for 2022 will
exceed the property tax levy's revenue neutral rate (RNR); and
WHEREAS, the RNR is defined in SB 13 Sec. 1 (e)(2) as the tax rate expressed in mills that would
generate the same property tax revenue in dollars as levied for the previous tax year, using the
current tax year's total assessed valuation as of June 15; and
WHEREAS, the City has calculated a proposed budget for 2022 which will require setting the mill levy
higher than the 2021 RNR; and
WHEREAS, the Council conducted a public tax rate hearing on August 23, 2021, and gave taxpayers
an opportunity to comment on the increased mill level.
NOW, THEREFORE, IT IS RESOLVED that the City RNR rate for 2022 shall be increased from
72.203 to 75.374.
Passed and adopted by the City Council on the 23rd day of August, 2021.
/s/ James S. Cude'
James S. Cude', Mayor
Attest: /s/ Mandy Vanderhoof-Fogle
Mandy Vanderhoof-Fogle, City Clerk
CITY OF FALL RIVER, KANSAS
RESOLUTION 2021-16
A RESOLUTION REGARDING BUDGET EXCEEDING REVENUE NEUTRAL RATE
WHEREAS, the existing tax lid was removed in 2021, and the Legislature enacted SB 13 and HB
2104 to establish new notice and public hearing requirements if a City's proposed budget for 2022 will
exceed the property tax levy's revenue neutral rate (RNR); and
WHEREAS, the RNR is defined in SB 13 Sec. 1 (e)(2) as the tax rate expressed in mills that would
generate the same property tax revenue in dollars as levied for the previous tax year, using the
current tax year's total assessed valuation as of June 15; and
WHEREAS, the City has calculated a proposed budget for 2022 which will require setting the mill levy
higher than the 2021 RNR; and
WHEREAS, the Council conducted a public tax rate hearing and a budget hearing on August 23,
2021, and gave taxpayers an opportunity to comment;
NOW, THEREFORE, IT IS RESOLVED that the proposed budget is hereby adopted and the City
Clerk shall timely certify to the County Clerk the amount of ad valorem tax to be levied by the City.
Passed and adopted by the City Council on the 23rd day of August, 2021.
/s/ James S. Cude'
James S. Cude', Mayor
Attest: /s/ Mandy Vanderhoof-Fogle
Mandy Vanderhoof-Fogle, City Clerk
CITY OF FALL RIVER, KANSAS
RESOLUTION 2021-17
A RESOLUTION REGARDING AN INCREASE IN UTILITY CHARGES
AND FEES AND REFUSE COLLECTION AND REMOVAL CHARGES
FOR REAL ESTATE WITHIN THE CITY LIMITS
WHEREAS, the City of Fall River, Kansas ("the City") provides certain utilities and
services to all residential and commercial real property inside the City used or intended
for human occupancy, employment, recreation, or other human use ("the premises");
and
WHEREAS, pursuant to Ordinances 270 and 271, owners of such real property within
the City limits are required to provide service connections to the water supply systems
and the wastewater and sanitary sewer systems of the City, and must refrain from
allowing garbage, solid waste, and other refuse (collectively, "refuse") to collect on their
premises; and,
WHEREAS, the City requires such owners to pay a set monthly fee for access to said
utilities and services in order that the City may uniformly implement for all users the
health and safety requirements of its ordinances and state and federal laws, including
City maintenance and repair of its utility systems; and to pay monthly per-gallon use
charges for City delivery of potable water to their premises and a set charge for removal
of delivered water into wastewater treatment and sanitary sewer systerms; and to pay
monthly charges for the City to provide empty, appropriate refuse receptacles for
collection and disposal of refuse on residential and commercial premises; and to pay
certain fees for commencement and resumption of water delivery services; and
WHEREAS, Ordinance 271 provides that the amounts of said fees and charges are to
be determined from time to time by Resolution of the Governing Body;
NOW, THEREFORE, IT IS RESOLVED by the Governing Body that the following
schedule of monthly utility fees and charges shall remain in place from and after
January 1, 2022, and shall be collected as follows:
An access fee of:
$33.00 per month for maintenance and repairs of the utility systems, to be allocated at
$15.00 to the water systems and $18.00 to the wastewater and sanitary sewer systems.
If temporary disconnection of water service is requested, the owner shall be required to
continue paying the entire utility access fee pending reconnection or permanent
discontinuation of water service.
Use Charges of:
$12.12 per month per thousand gallons of water delivered to the property by the City; and
$14.00 per month for removal of delivered water into sanitary sewer and wastewater
treatment systems.
Service Fees, when applicable,of:
$25.00 for commencement of new water service, along with a $50.00 refundable deposit
toward continued service; and
$75.00 for resumption of water service, if water service has been discontinued
involuntarily by the City for nonpayment of fees or other violations of City ordinances; and
IT IS FURTHER RESOLVED that the following schedule of refuse collection and removal
charges shall remain in place from and after January1, 2022, and shall be collected as
follows:
Refuse Charges in the amounts of:
$ 21.00 per month for emptying of a 95-gallon residential cart placed by the City's
contractors at residential premises.
$ 30.00 per month for emptying of a small commercial cart placed by the City's
contractors at commercial premises.
$72.00 per month for emptying of a two-yard commercial cart placed by the City's
contractors at commercial premises.
$ 96.00 per month for emptying of a four-yard commercial cart placed by the City's
contractors at commercial premises.
Should any owner request more than one such receptacle, the City will provide such
additional receptacle(s), with a one-time charge for delivery of commercial carts,
depending on size and number; and
IT IS FURTHER RESOLVED that debris from construction, remodeling, repair, and/or
demolition of buildings and other structures, including but not limited to concrete, rock,
dirt, wood, roofing, and drywall, must be separated from residential and commercial
refuse and may not be placed in such refuse carts. Residential and commercial
customers may contact the City to arrange for placement of a dumpster for collection and
removal of construction, remodeling, repair and/or demolition debris, at the customer's
expense.
Passed and adopted by the City Council on December 13, 2021.
/S/ James S. Cude
James S. Cude, Mayor
Attest: /s/ Mandy Vanderhoof-Fogle
Mandy Vanderhoof-Fogle, City Clerk
CITY OF FALL RIVER, KANSAS
RESOLUTION 2021-18
A RESOLUTION REGARDING AN INCREASE IN UTILITY CHARGES
AND FEES AND REFUSE COLLECTION AND REMOVAL CHARGES
FOR REAL ESTATE OUTSIDE THE CITY LIMITS
WHEREAS, the City of Fall River, Kansas ("the City") provides certain utilities and
services to certain residential and commercial properties outside the City limits ("the
premises"), pursuant to prior agreement between the City and the owners of the
premises; and not on account of any other right of the owners to such provision or any
obligation of the City to make such provision; and
WHEREAS, the City's agreement requires owners of the premises to pay a set monthly
fee for access to said utilities and services; and to pay monthly per-gallon charges for City
delivery of potable water to the premises and a set charge for removal of delivered water
into wastewater and sanitary sewer systems; and to pay certain fees for commencement
and resumption of water delivery services; and
WHEREAS those owners may also agree to pay monthly charges for the City to provide
empty, appropriate refuse receptacles for collection and disposal of garbage, solid
waste,and other refuse located on the premises (collectively, "refuse"); and
WHEREAS, Ordinance 271 provides that the amounts of said fees and charges are to be
determined from time to time by Resolutionof the Governing Body;
NOW, THEREFORE, IT IS RESOLVED by the Governing Body that the following
schedule of monthly utility fees and charges shall remain in place from and after January
1, 2022, and shall be collected as follows:
An access fee of:
$40.00 per month for maintenance and repairs of the utility systems, to be allocated at
$18.00 to the water system and $22.00 to the wastewater and sanitary sewer system.
If temporary disconnection of water service is requested, the owner shall be required to
continue paying the entire utility access fee pending reconnection or permanent
discontinuation of water service.
Use Charges of:
$14.42 per thousand gallons of water delivered to the property by the City; and
$16.00 for removal of delivered water into sanitary sewer and wastewater treatment
systems.
Service Fees, when applicable, of:
$25.00 for commencement of new water service, along with a $50.00 refundable deposit
toward continued service; and
$75.00 for resumption of water service, if water service has been discontinued
involuntarily by the City for nonpayment of fees or other violations of relevant laws, county
resolutions, ordinances, or regulations.
IT IS FURTHER RESOLVED that the following schedule of refuse collection and removal
charges shall remain in place from and after January1, 2022, and shall be collected as
follows:
Refuse Charges in the amounts of:
$ 25.00 per month for emptying of a 95-gallon residential cart placed by the City's
contractors at residential premises.
$ 36.00 per month for emptying of a small commercial cart placed by the City's
contractors at commercial premises.
$ 86.00 per month for emptying of a two-yard commercial cart placed by the City's
contractors at commercial premises.
$115.00 per month for emptying of a four-yard commercial cart placed by the City's
contractors at commercial premises.
Should any owner request more than one such receptacle, the City will provide such
additional receptacle(s), with a one-time charge for delivery of commercial carts,
depending on size and number; and
IT IS FURTHER RESOLVED thatdebris from construction, remodeling, repair, and/or
demolition of buildings and other structures, including but not limited to concrete, rock,
dirt, wood, roofing, and drywall, must be separated from residential and commercial
refuse and may not be placed in such refuse carts. Residential and commercial
customers may contact the City to arrange for placement on the premises of a dumpster
for collection and removal of construction, remodeling, repair and/or demolition debris, at
the customer's expense.
Passed and adopted by the City Council on December 13, 2021.
/S/ James S. Cude
James S. Cude, Mayor
Attest: Mandy Vanderhoof-Fogle
Mandy Vanderhoof-Fogle, City Clerk
RESOLUTION NO. 2022-01
A RESOLUTION OF THE CITY OF FALL RIVER, KANSAS,
AUTHORIZING CERTAIN INCURRED EXPENSES RELATED TO
PREVENTION, REDUCTION, TREATMENT OR MITIGATION OF
SUBSTANCE ABUSE OR ADDICTION
WHEREAS, the City has incurred and will continue to incur expenses and
costs related to efforts to prevent, reduce, treat, or mitigate substance abuse or addiction; and
WHEREAS, the City desires to enter an Agreement releasing and assigning to
the Attorney General of Kansas any and all claims the City has or may have to certain opioid
litigation settlement funds, in order to thereby become eligible for certain State grants arising out
of such settlements; and the City must certify that it has previous or expected expenses in excess
of $500.00 and related to substance abuse; therefore
BE IT RESOLVED BY THE GOVERNING BODY THAT:
The Mayor and City Clerk are hereby directed to record any and all such expenses
incurred or paid during calendar year 2021 and to continue to incur and record City
expenses related to prevention, reduction, treatment, or mitigation of substance abuse. up to
and including a total of $600, pending a determination of amounts to be awarded the City
from the settlement funds.
Effective Date. This Resolution shall be in full force and effect from and after its
adoption.
ADOPTED this 10th day of January, 2022.
/s/ James S. Cude'
James S. Cude', Mayor
Attest: /s/ Mandy Vanderhoof-Fogle
Mandy Vanderhoof-Fogle, City Clerk
RESOLUTION NO. 2022-02
A RESOLUTION OF THE CITY OF FALL RIVER, KANSAS,
APPROVING THE EXECUTION AND DELIVERY OF AN
AGREEMENT TO RELEASE AND ASSIGN THE CITY'S OPIOID
CLAIMS TO THE KANSAS ATTORNEY GENERAL AND
CERTIFYING COSTS ATTRIBUTABLE TO SUBSTANCE ABUSE
AND ADDICTION MITIGATION IN EXCESS OF $500.
WHEREAS, in 2021, the Kansas Legislature enacted HB 2079, the Kansas Fights
Addiction Act (the "Act"), authorizing litigating municipalities such as the City of Fall River,
Kansas ("the City"), to access opioid litigation settlement funds and become eligible for certain
state grants by entering an agreement releasing the city's opioid litigation claims to the Attorney
General of Kansas ("the Attorney General"and assigning any future opioid litigation claims to
the Attorney General(the "Agreement"); and
WHEREAS, the City sustained damages related to the opioid epidemic; and
WHEREAS, the City desires to enter an Agreement releasing and assigning its Claims to
the Attorney Generalin order to access opioid litigation settlement funds and become eligible for
certain state grants;
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FALL
RIVER, KANSAS:
Authorization of the Agreement. The City hereby authorizes the release of its legal
claims arising from covered conduct to the Attorney General, and the assignment of any
future legal claims arising from covered conduct to the Attorney General, pursuant to the
Agreement by and between the Attorney General and the City in substantially the form
presented to and reviewed by the governing body at this meeting (copies of this document
shall be on file in the records of the City), with such changes therein as shall be reviewed
by the City Attorney and the officials of the City executing such documents.
Section 1. Execution of the Agreement. The Mayor, City Attorney and City Clerk are
hereby authorized and directed to execute, seal, attest, and deliver the Agreement in substantially
the form presented to and reviewed by the governing body at this meeting and such other
settlement agreements, documents, certificates and instruments as may be necessary and
desirable to carry out and comply with the intent of this Resolution, for and on behalf of the City.
Section 2. Certification of Costs and Expenses. The City hereby certifies that it has
previous or expected expenses related to substance abuse or addiction mitigation or other
covered conduct in excess of $500 and the City can utilize the Standard Settlement Funds in
accordance with the approved purposes. The Mayor, the City Clerk, and City Attorney are
hereby authorized to execute, seal, attest, and deliver such other documents, certificates and
instruments as may be necessary and desirable to certify these costs and expenses or similar costs
and expenses, for and on behalf of the City.
Section 3. Effective Date. This Resolution shall be in full force and effect from and
after its adoption.
ADOPTED this to" day of January, 2022.
/s/ James S. Cude'
James S. Cude', Mayor
Attest: /s/ Mandy Vanderhoof-Fogle
Mandy Vanderhoof-Fogle, City Clerk
