ORDINANCE NO. 8118

AN ORDINANCE ENACTING SECTION 19-315.2 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS 2006 EDITION ESTABLISHING A WEST BALDWIN CREEK GRAVITY SEWER LINE CONNECTION FEE

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

Section 1.  Section 19-315.2 is hereby enacted to the Code of the City of Lawrence, Kansas 2006 Edition and shall 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 for the purpose of compensating the City for property development that contributes increased peak flows to the existing Pump Station #45. 

(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.

(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:

Tract: Owner/Developer Cost for Additional Capacity

Tract 1:                                                                                    $116,431.00

K10/K40 Development, LC

Tract 2:

Root LC                                                                                   $19,960.00             

Tract 3:                                                                                    $93,810.00

Oregon Trial Holdings, LC

Tract 4:                                                                                    $53,891.00

Prairie Rose Holdings, LLC                                     

Tract 5:

Turner-Douglas, LLC                                                               $37,258.00

(D) This ordinance only applies to property included in Exhibit 1. 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.”

Section 2. This ordinance shall take affect and be in force from and after its passage and publication as provided by law. 

Adopted by the governing body this _____ day of ______, 2007.

APPROVED:

_______________________

Sue Hack, Mayor

ATTEST:

_______________________________________

Frank S. Reeb, City Clerk

APPROVED AS TO FORM AND LEGALITY:

_______________________________________     _____________

Toni Ramirez Wheeler                                                Date

Director of Legal Services

Publish one time and return one Proof of Publication to the City Clerk and one to the Director of Legal Services.