ORDINANCE NO. 8047

AN ORDINANCE ADOPTING THE CODIFICATION OF ORDINANCES OF THE CITY OF LAWRENCE, KANSAS, AUTHORIZED BY ORDINANCE NO. 7879, PROVIDING FOR THE REPEAL OF CERTAIN OTHER ORDINANCES NOT INCLUDED THEREIN, EXCEPTING CERTAIN ORDINANCES FROM REPEAL, AND SAVING CERTAIN ACCRUED RIGHTS AND LIABILITIES.

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

SECTION 1. The codification of ordinances of the City of Lawrence, Kansas, authorized by Ordinance No. 7879 and KS.A. 12-3014 and 12-3015, as set out in the following Chapters, Chapters I to XXII and Appendices A and B, all inclusive, and entitled the “Code of the City of Lawrence, Kansas, 2006,” is hereby adopted and ordained as the “Code of the City of Lawrence, Kansas, 2006,” and said codification shall become effective December 1, 2006 and upon publication of no fewer than ten (10) copies of said Code in book form.

SECTION 2. AlI ordinances and parts of ordinances of a general nature passed prior to December 1, 2006, in force and effect at the date of the publication of no fewer than ten (10) copies of the “Code of the City of Lawrence, Kansas, 2006,” and this ordinance, are hereby repealed as of the date of publication of said Code except as hereinafter provided.

SECTION 3. In construing this ordinance, the following ordinances shall not be considered or held to be ordinances of a general nature:

(A)       Ordinances pertaining to the acquisition of property or interests in property by gift, purchase, devise, bequest, appropriation or condemnation;

(B)       Ordinances opening, dedicating, widening, vacating or narrowing streets, avenues, alleys and boulevards;

(C)       Ordinances establishing and changing grades of streets, avenues, alleys and boulevards;

(D)       Ordinances naming or changing the names of streets, avenues and boulevards;

(E)       Ordinances authorizing or directing public improvements to be made;

(F)       Ordinances creating districts for public improvements of whatsoever kind or nature

(G)       Ordinances levying general taxes;

(H)       Ordinances levying special assessments or taxes;

(I)         Ordinances granting any rights, privileges, easement or franchises therein mentioned to any person, firm or corporation;

(J)        Ordinances authorizing the issuance of bonds and other instruments of indebtedness by the City;

(K)       Ordinances authorizing contracts;

(L)        Ordinances establishing the limits of the City or pertaining to annexation or exclusion of territory;

(M)       Ordinances relating to compensation of officials, officers and employees of the City;

(N)       Ordinances of a temporary nature, limited application or not a general law of the City of Lawrence, Kansas.

(0)        Ordinances allowing the possession and consumption of alcoholic beverages on certain City property pursuant to a sidewalk dining license.

Provided, That the above enumeration of exceptions shall not be held or deemed to be exclusive, it being the purpose and intention to exempt from repeal any and all ordinances not of a general nature and general ordinances specifically excepted by this Section.

SECTION 4. The arrangement and classification of the several chapters, articles, and sections of the Code adopted by Section 1 of this ordinance and the headnotes and footnotes at the ends of the sections, are made for the purpose of convenience and orderly arrangement, and do not constitute a part of the ordinances, and therefore no implication or presumption of legislative intent or construction is to be drawn therefrom.

SECTION 5. The repeal of ordinances as provided in Section 2 hereof, shall not affect any rights acquired, fines, penalties, forfeitures or liabilities incurred thereunder, or actions involving any of the provisions of said ordinances or parts thereof. Said ordinances above repealed are hereby continued in force and effect after the passage, approval and publication of this ordinance for the purpose of such rights, fines, penalties, forfeitures, liabilities and actions therefor.

SECTION 6. If for any reason any chapter, article, section, subsection, sentence, portion or part of the “Code of the City of Lawrence, Kansas, 2006,” or the application thereof to any person or circumstances is declared to be unconstitutional or invalid, such decision will not affect the validity of the remaining portions of this Code.

SECTION 7. Ordinances 7595 and 7596 and 7880 are hereby repealed it being the intent of this ordinance to replace the “Code of the City of Lawrence, Kansas, 2003” with this ordinance adopting the “Code of the City of Lawrence, Kansas, 2006.”

SECTION 8. This ordinance shall take effect and be in force effective December 1, 2006 and after the publication of the “Code of the City of Lawrence, Kansas, 2006,” as provided in K.S.A. 12-3015.

ADOPTED this ____ day of November, 2006.

                                                                          ________________________________

                                                                          Mike Amyx, Mayor

ATTEST:

_________________________________

Frank S. Reeb, City Clerk

Approved as to form and legality:

________________________________________________________

David L. Corliss,  Interim City Manager & Director of Legal Services