ORDINANCE NO. 8964

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING CHAPTER XIX, ARTICLE 1, SECTION 19-122, OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2013 EDITION, AND AMENDMENTS THERETO, PERTAINING TO FIRE SERVICE CONNECTIONS, AND REPEALING EXISTING SECTION 19-122.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

SECTION 1.   Chapter XIX, Article 1, Section 19-122 of the Code of the City of Lawrence, Kansas, 2013 Edition, and amendments thereto, is hereby amended to read as follows.

19-122             FIRE SERVICE CONNECTIONS.

All fire service connections shall be provided with properly located control valves which that may be closed in case of broken inside piping. The maximum size of any fire service connections shall be at least two (2) inches less in diameter than the main from which such fire service connection is made, provided; that the City Commission may waive this requirement. The maximum size of any fire service connection shall be at least two (2) inches in diameter smaller than the main line from which such fire service connection is made. However, upon application, the City Manager may, upon the recommendation of the Director of the Department of Utilities, or his or her designee, waive said requirement if there are unique circumstances requiring such a waiver and if the granting of a waiver will not compromise or otherwise diminish life, health, or fire safety requirements. If an application for a waiver is denied, the applicant may appeal the denial by filing with the City Clerk a written Notice of Appeal within thirty (30) days of said denial. If a timely written Notice of Appeal is filed, the City Commission shall, within a reasonable time thereafter, conduct a public hearing on said appeal. The City Department of Utilities reserves the right at any time to require a meter to be installed on any such fire service connection(s), which expense shall be paid borne by the property owner.

SECTION 2.   Existing Chapter XIX, Article 1, Section 19-122 of the Code of the City of Lawrence, Kansas, 2013 Edition, and amendments thereto, is hereby repealed in its entirety, it being the intent of the Governing Body that Section 1 of this Ordinance supersede it.

SECTION 3.   If any section, sentence, clause, 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 force after its passage and publication as provided by law.

PASSED by the Governing Body of the City of Lawrence, Kansas, this _____ day of _____, 2014.

 APPROVED:

___________________________________

Michael Dever

Mayor

ATTEST:

__________________________________

Diane Trybom

Acting City Clerk

APPROVED AS TO FORM AND LEGALITY:                   

__________________________________

Toni R. Wheeler

City Attorney

*****

NOTICE TO PUBLISHER

Publish one time and return one Proof of Publication to the City Clerk and one to the City Attorney.