ORDINANCE NO.  8192

AN ORDINANCE ENACTING SECTION 19-315.3 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS 2006 EDITION ESTABLISHING A BALDWIN CREEK WEST SANITARY SEWER INTERCEPTOR LINE CONNECTION FEE

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

Section One:  19-315.3 is hereby enacted to the Code of the City of Lawrence, Kansas 2006 Edition and shall read as follows:

“19-315.3 BALDWIN CREEK WEST SANITARY SEWER INTERCEPTOR LINE CONNECTION FEE

(A) There is hereby established a Baldwin Creek West sanitary sewer interceptor line connection fee that shall be imposed for each connection to the Baldwin Creek West sanitary sewer interceptor line.  The connection fee is the charge for a new connection to the interceptor line or any connection that adds new or additional sanitary sewer flow into the interceptor line.  The fee to be assessed is in addition to the Pump Station #48 sanitary sewer connection fee, established in section 19-315.1, and supplemental to all other fees and charges otherwise imposed on applicants 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 Title 19 or other applicable ordinances. Properties paying the West Baldwin Creek Gravity Sewer Line connection fee, established in section 19-315.2, shall not be required to pay the Baldwin Creek West sanitary sewer interceptor line connection fee.

(B) No permit shall be issued to make any connection to the Baldwin Creek West sanitary sewer interceptor line until the connection fee has been paid.

(C) The connection fee amount for this section shall be determined by calculating the peak flow for the proposed development multiplied by the cost per flow unit of the total project cost of the Baldwin Creek West sanitary sewer interceptor line and associated infrastructure.  The fee shall include a proportionate amount representing the City’s lost interest earned from the time of the completion of the project until the connection is made.

(D) Connection to the Baldwin Creek West sanitary sewer interceptor line by applicants outside of the City of Lawrence, Kansas shall be permitted only upon or after annexation to the City.”

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

Passed by the governing body this _____ day of ______, 2007

APPROVED:

_______________________

Sue Hack, Mayor

ATTEST:

_______________________________________

Frank S. Reeb, City Clerk

APPROVED AS TO FORM AND LEGALITY:

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Toni Ramirez Wheeler                                               

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.