ORDINANCE NO. 9112

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING CHAPTER 19, ARTICLE 3, SECTION 19-315.2 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2015 EDITION, AND AMENDMENTS THERTO, PERTAINING TO WEST BALDWIN CREEK GRAVITY SEWER LINE CONNECTION FEES, AND REPEALING EXISTING SECTION 19-315.2.

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

SECTION 1.  Chapter 19, Article 3, Section 19-315.2 of the Code of the City of Lawrence, Kansas, 2015 Edition, and amendments thereto, is hereby amended to read as follows:

19-315.2          WEST BALDWIN CREEK GRAVITY SEWER LINE CONNECTION FEE

(A)       There is hereby established a West Baldwin Creek Gravity Sewer line connection fee to be imposed on the property described in Exhibit 1 (see Ord. 8118) for the purpose of compensating the City for property development that contributes increased peak flows to the existing Pump Station #45.  (Ord. 8118)

(B)       The fee to be assessed is exclusively for the purpose of paying for the increased sanitary sewer flows and costs for additional capacity in the West Baldwin Creek Gravity Sewer line as described in section (C) but does not relieve the owner or developer or any future owner or developer of property described in Exhibit 1 from any other required connection fees and charges otherwise imposed including but not limited to building permit fees, planning fees, tap fees, system development charges, special assessments, maintenance fees or other fees or charges established or imposed by the City pursuant to Chapter 19 or other applicable ordinances.  The property described in Exhibit 1 shall not be required to pay the Pump Station #48 Sanitary Sewer Connection Fee established by 19-315.1. (Ord. 8118)

(C)       The City will not issue any building permit to an owner or developer or allow the owner or developer to connect to City sanitary sewer for the development of any property described in Exhibit 1 until the owner or developer pays in to the City their share for the sanitary sewer flows and costs for additional capacity in the West Baldwin Creek Gravity Sewer line described as follows: (Ord. 8118)

Tract: Owner/Developer Cost for Additional Capacity

Tract 1:                                                                         

K10/K40 Development, LC                 $116,431.00 $54,425.00

Tract 2:

Root LC                                               $19,960.00 $9,330.00

Tract: Owner/Developer Cost for Additional Capacity

Tract 3:

Oregon Trail Holdings, LC                  $93,810.00 $43,851.00

Tract 4:

Prairie Rose Holdings, LLC                $53,891.00 $25,191.00

Tract 5:

Turner-Douglas, LLC                          37,258.00 $17,416.00

(D)       This ordinance only applies to property included in Exhibit 1 (see Ord. 8118). Property not included in Exhibit 1 or any property outside of the corporate limits of the City of Lawrence shall not be permitted to connect to any City sewer line including the West Baldwin Creek Gravity Sewer line without being annexed by the City and the payment of the required connection fees and charges otherwise imposed including but not limited to building permit fees, planning fees, tap fees, system development charges, special assessments, maintenance fees or other fees or charges established or imposed by the City pursuant to Chapter 19 or other applicable ordinances. (Ord. 8118)

SECTION 2. Existing Section 19-315.2 of the Code of the City of Lawrence, Kansas, 2015 Edition, and amendments thereto, is hereby repealed, it being the intent of the Governing Body that the provisions 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 part of this ordinance.

SECTION 4. This ordinance shall be in full force and effect from and after its passage and publication as provided by law.

PASSED by the Governing Body of the City of Lawrence, Kansas, this ____ day of June, 2015.

 APPROVED:

___________________________________

Jeremy Farmer

Mayor

ATTEST:

__________________________________

Diane Bucia

Acting City Clerk

APPROVED AS TO FORM:                   

__________________________________

Toni R. Wheeler

City Attorney

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NOTICE TO PUBLISHER

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