ORDINANCE NO. 8492
AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS AMENDING SECTIONS 19-1003 AND 19-1007 OF CHAPTER 19, ARTICLE 10 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2009 EDITION, AND AMENDMENTS THERETO, PERTAINING TO THE DECLARATION AND REGULATIONS FOR A WATER WATCH, WARNING OR EMERGENCY; AND REPEALING THE EXISITNG SECTIONS.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE:
Section 1. Chapter 19, Article 10, Section 19-1003 of the Code of the City of Lawrence, Kansas, 2009 Edition, and amendments thereto, is hereby amended to read as follows:
19-1003 Declaration of a Water Watch, Warning, or Emergency.
(a) Whenever
the governing body of the City finds that a circumstance an emergency
exists by reason of a shortage of water or inability to produce water
needed for essential uses, it shall be empowered to declare by resolution that
a water watch, warning, or emergency exists and that it will encourage
voluntary conservation or impose mandatory restrictions on water use during the
period of the emergency crisis. Specific steps are indicated
in the City of Lawrence Water Conservation Plan, which has been adopted by the
City Commission. Such an emergency shall be deemed to continue until it is
declared by resolution of the governing body to have ended. The resolutions
declaring the existence and end of a water watch, warning, or emergency
shall be effective upon their publication in the official city newspaper immediately
and may be publicized additionally through the general news media or
other appropriate method for making such resolutions public.
(b) As an
alternative to the provisions of subsection (a), the City Manager or the
Director of Utilities, or the designees of such persons, may exercise emergency
termination powers pursuant to Section 19-1009.
Section 2. Chapter 19, Article 10, Section 19-1007 of the Code of the City of Lawrence, Kansas, 2009 Edition, and amendments thereto, is hereby amended to read as follows:
19-1007 Regulations: During the effective period of any water watch, warning, or emergency as provided for in 19-1003, the City Manager is empowered to promulgate such regulations as may be necessary to carry out the provisions of this Article, any water emergency resolution, or emergency water rate ordinance. Such regulations shall be subject to the approval of the governing body at its next regular or emergency meeting.
Section 3. Existing Chapter 19, Article 10, Sections 19-1003 and 19-1007 of the Code of the City of Lawrence, Kansas, 2009 Edition, and amendments thereto, are hereby repealed it being the intent of this ordinance to supercede the repealed code provisions.
Section 4. 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 5. This ordinance shall become effective upon its passage and publication as provided by law.
Passed by the Governing Body of the City of Lawrence, Kansas, this ______ day of __________________, 2010.
PASSED:
___________________________________
Mike Amyx, Mayor
ATTEST:
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Jonathan M. Douglass, City Clerk
Approved as to form and legality:
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Toni R. Wheeler, Director of Legal Services