ORDINANCE NO. 8747
AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS REVISING ARTICLE 1, OF CHAPTER 19, SECTION 19-101 AND ARTICLE 2 OF CHAPTER 19, SECTION 19-214 AND ARTICLE 3 OF CHAPTER 19, SECTION 19-302 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2011 EDITION AND AMENDMENTS THERETO.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
Section 1. Chapter 19, Article 1, Section 19-101 of the Code of the City of Lawrence, Kansas, 2011 Edition and amendments thereto, is hereby repealed and amended to read as follows:
19-101 DEFINITIONS.
(A) Consumer means a person having a contract with the City for water supply;
(B) Customer, patron means a customer or patron of the City water and sewage system;
(C) Service shall mean water and/or sewage disposal service supplied by the City;
(D) Premises shall mean a commercial building, industrial building, or residential dwelling unit and the structure of which it is a part and facilities and appurtenances therein and grounds, areas, and facilities held out for the use of tenants generally or whose use is promised to the tenant.
Section 1. Chapter 19, Article 2, Section 19-214 of the Code of the City of Lawrence, Kansas, 2011 Edition and amendments thereto, is hereby repealed and amended to read as follows:
19-214 LOCATION REQUIREMENTS FOR PUBLIC SANITARY SEWER MAINS AND PRIVATE SANITARY SEWER LINES.
(A) As a condition of City sanitary sewer service, after March 1, 2004 each lot created by the laws of the City or the City’s subdivision regulations, including lot splits, shall have direct access to the City sanitary sewer main in City public right-of-way or City public utility easement. Such access shall not cross property ownership lines unless the access is in adjacent City public right-of-way or adjacent City public utility easement. A sanitary sewer main shall extend into a platted lot or an adjacent City public utility easement or an adjacent City public right-of-way a minimum of ten (10) feet.
(B) A private sanitary sewer service line shall not cross any public right-of-way or drainage easement. A private sanitary sewer service line shall not be located in a City public utility easement or City public right-of-way for a length of greater than fifteen (15) feet.
(C)
A
private sanitary sewer service line shall only serve one residential dwelling
unit or a single commercial or industrial premises.
Multiple buildings sited on a single lot shall be considered separate premises. Each dwelling unit that requires a separate
water meter per unit pursuant to Chapter 19, Article 1 of the City Code shall
also require a separate private sanitary sewer service line that directly
connects to the City sanitary sewer main. Duplexes are considered two distinct
residential dwelling units and thus require two separate private sanitary sewer
service lines that both directly connect to the City’s main. An additional
residential sanitary sewer connection (i.e. for a swimming pool, etc.) may be
allowed with approval of the City Utilities Engineer, provided that such
additional connection shall be assessed an additional sewer tap fee and system development charge.
(D)
A
single private sanitary sewer service line can serve a multiple living unit
served by a single water meter, pursuant to Chapter 19, article 3 of the City
Code, if written approval is obtained from the City
Engineer prior to application for a building permit. Additionally,
multiple living units served by separate water meters can be served by a single
private sanitary sewer service line if written
approval is obtained from the City Engineer prior to application for a building
permit. For purposes of this ordinance, a multiple living unit is
defined as a building with three (3) or more separate residences contained
therein.
(E)
The
provisions of this Section 19-214 may be waived by
the City Manager by the City
Commission upon a finding if, upon
review by Department of Utilities staff and the City Manager,
it is found that the requirements
of this Section create a hardship on the property owner or that the
characteristics of the property are unique in comparison of other properties in
the general area. Should a waiver request be
denied, the applicant may appeal the decision to the City Commission for
further consideration.
Section 2. Chapter 19, Article 3, Section 19-302 of the Code of the City of Lawrence, Kansas, 2011 Edition and amendments thereto, is hereby amended to read as follows:
19-302 SAME; MULTIPLE LIVING UNITS.
(1) Water meters required for multiple living units shall be as follows:
(A) Trailer Courts or Mobile Home Courts. From and after the effective date of this Article, the owner of a trailer court or mobile home court shall have the option of installing a single water meter or an individual meter for each trailer space, but the rates shall be based upon Sections 19-312 and 19-314 regardless of the method of metering. After all of the court spaces have been fully occupied, the minimum water service charge and sewer service per unit shall not be decreased under any circumstances by virtue of vacancies.
(B)
Apartment HousesMulti-Dwelling Structures. Multi-Dwelling Structures within RM zoning categories
having twelve (12) living units or less shall have a
water meter for each living unit, unless the installation of a single meter for
all of the units is applied for by the owner and approved by the City
Commission. having three (3)
living units or more may either have a water meter for each living unit or a
single water meter.
Apartment houses having thirteen (13) living units or more may have
a single meter. The
rates in all cases shall be based upon Sections 19-312 and 19-314. On approval of the City Commission, the owner of an
apartment complex having several buildings served by a single domestic hot
water distribution system, or central hot water heating or cooling system, may
install a single meter. The rates for such complexes shall be governed by
Sections 19-312 and 19-314. The minimum water service charge and
sewer service charge per unit shall not be decreased under any circumstances by
virtue of vacancies.
(2)
Multiple Living UnitsMulti-Dwelling Structure
Customers served by a
single meter shall be charged for water and sewer service according to the
number of units served by the single meter, i.e., total usage will be divided
by the number of living units served by
the single meter to determine the charge per living
unit. with the charge per living unit multiplied by
the total number of living units served by the single meter to determine total
charge.
SECTION 3. If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.
SECTION 4. This ordinance shall take effect and be in full force and effect immediately following its adoption and publication as provided by law.
ADOPTED by the Governing Body of the City of Lawrence, Kansas, this ____ day of August, 2012.
APPROVED:
___________________________________
Robert J. Schumm, Mayor
ATTEST:
____________________________
Jonathan M. Douglass, City Clerk
APPROVED AS TO LEGAL FORM:
____________________________
Toni R. Wheeler, City Attorney