RESOLUTION NO. 7212

A RESOLUTION AMENDING THE DEVELOPMENT POLICY FOR THE FINANCING OF PUBLIC IMPROVEMENTS WITHIN THE CITY OF LAWRENCE, KANSAS, AND REPEALING CERTAIN PROVISIONS OF RESOLUTION NO. 5614

WHEREAS, the Governing Body set forth its development policy for the financing of public improvements within the City of Lawrence, Kansas in Resolution No. 5614 adopted in April 1994;

WHEREAS, certain sanitary sewer and water services fees have remained flat since 1994 while the City’s costs of providing certain services have increased;

WHEREAS, the Governing Body deems it prudent to update fees and matters in the Development Policy related to City sanitary sewer and water services to better reflect current costs and practices;

WHEREAS, it is the Governing Body’s intent that this Resolution No. 7212 relating to sanitary sewer and water services shall replace the provisions concerning sanitary sewer and water services in Resolution No. 5614, but that all other provisions of Resolution No. 5614 shall remain in full force and effect until such time as the Governing Body amends or repeals the same.

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

SECTION 1.  Section IV.D. of Resolution No. 5614 is repealed and in its place the following is hereby enacted:

D.      Sanitary Sewers

The total cost of all sanitary sewer construction shall be borne by the property benefited in the improvement district.  If interceptor relief sewers are required, the cost involved shall be borne 100 percent by the City from the utility fund.  Unless the interceptor relief sewers also provide additional capacity for new development, then the cost for the additional capacity shall be borne by the development.   Except as otherwise provided herein with respect to interceptor relief sewers, the total cost of all sanitary sewer construction shall be borne by the property benefited in the improvement district. With respect to interceptor relief sewers, the cost involved shall be borne 100 percent by the City from the utility fund unless such relief sewers also provide additional capacity for new development, in which case the cost allocable for such additional capacity shall be borne by the development.

 

 

SECTION 2.  Section IV.H. of Resolution No. 5614 is repealed and in its place the following is hereby enacted:

H.      Sanitary Sewer Post-Construction Fee

Nine months after the final completion of sanitary sewers in a new development, the sewer lines will be subject to a final inspection and review. The purpose of the inspection shall be to avoid unnecessary public maintenance costs caused by street/storm sewer construction, utility construction, and general contractor work after the sanitary sewers are installed. The Director of the Department of Utilities is hereby authorized to establish the fee that shall be charged for the inspection.  Said fee shall be based on a per lineal foot of sanitary sewer line and will be based on the City’s actual cost to perform the inspection.  The fee shall be established by February 1st and shall be in effect through January 31st of the next year.  The fee shall be published on the City’s website on February 1st or as soon thereafter as practicable, and shall be available in the City Clerk’s Office.  The fee shall be assessed and paid in full upon final completion of the public improvements.  If benefit district financing is used, the fee can be included in the project cost.

SECTION 3. Section VI (Water Service Policy) of Resolution No. 5614 is repealed and in its place the following is hereby enacted: 

WATER SERVICE POLICY.

GENERAL

The City of Lawrence will construct, maintain, own, and operate water treatment facilities, pipelines, pumping stations, storage reservoirs, elevated storage, and appurtenances for the purpose of supplying water to residential, commercial, and industrial users within the City of Lawrence and in adjacent areas outside the City-under the following terms and conditions:

General terms under which water service will be extended to serve new customers will include, but not necessarily be limited to, the following conditions:

A.            All Customers Shall Conform to City Regulations

All customers, obtaining water service from the Lawrence Water and Sewer System, shall conform to all rules, regulations, ordinances, rates, conditions of service, and practices now prevailing or which may be established by the City in the future.

B.            City Reserves the Right to Refuse Water Service

The City reserves the right to refuse water service, or to limit water service, where the extension of water service conflicts with the general policy of the City or jeopardizes water service to then existing customers. No new customers will be accepted outside the City limits, except contract sales to rural water districts, other municipalities or government agencies, or as approved by the Governing Body.

C.            Areas to Be Platted

Water distribution mains will be extended into areas within the City limits of Lawrence only after the areas in which main extensions are desired have been platted in accordance with the subdivision requirements of the City and the platting approved by the Lawrence-Douglas County Metropolitan Planning Commission and the City Commission. Consideration will be given to small, isolated tracts adjacent to the system which desire service upon filing of “Agreements to Plat". This provision, however, is to be limited to such situations as would be impractical to plat on a small scale, where proper planning would necessarily require the platting of a larger area to assure conformity to the City’s Comprehensive Plan. Extension of water service to unplatted areas shall not relieve owners of such property of payment for water distribution mains when, and if, by platting the property, distribution mains will be required. Such property shall also be subject to inclusion in future sanitary sewer benefit districts if, and when, created to serve the area in which the property is located, except where isolated property borders existing City sewers and where said isolated property owners make payment to the City for said connection in accordance with established sewer connection fees.

D.           No Water Service Until Sewerage Facilities Assured

Water service will not be extended to any user until provisions have been made for the financing of necessary sanitary sewerage facilities is assured, with the following exceptions:

i. Where water is to be used for industrial, agricultural, or other purposes that do not result in the production of objectionable wastes.

ii. Where the construction of sanitary sewers cannot be consummated due to reasons beyond the control of the proposed user and where said user can provide independent methods of sewage disposal in a manner approved by the public health authorities and by the City.

E.    Water Facilities Constructed to City Standards

All water mains, valves, fire hydrants, fire lines, service connections to the property line, meters, and appurtenances will be constructed in accordance with the designs, plans, and the City’s specifications and with provisions establishing the financing of the improvements. All such facilities shall remain the property of the City, or be granted to the City, if built by a developer on public right-of-way or easement and attached to the City water system.

F.            Premises Served to Comply with City Plumbing Code

Water service will be furnished only to premises complying with the applicable plumbing codes and regulations of the City.

G.      Payment for Water Facilities to Be Made in Advance of Construction

Normally, a developer or property owner may choose to build water main extensions. The developer or property owner must install water mains in accordance with City specifications. If this option is chosen, all water mains shall be built in conjunction with the installation of streets and sidewalks, such construction to be determined, coordinated and reviewed by the City Engineer and Utilities Department Director. The City will inspect all privately constructed water mains to determine compliance with City specifications. Upon completion, the mains shall be considered the property of the City. The City will then maintain, operate and control this water main.

All local water distribution mains and appurtenances may be constructed by the City with full estimated payment to be made in advance of construction by the property owner, developer, or others desiring the distribution main installations.

H.      Rate of Payment

Payment for water main extensions made by the City and that serve the platted property shall be made on the basis of platted front footage of the property served by the mains and at a rate of $8.00 per lineal foot or ($4.00 front footage of adjusted front footage described below). If the costs exceed $8.00 per lineal foot, the fee for that platted property will be the amount determined by the Utilities Department to be based on actual costs.

Front footage shall not be charged for water mains older than 50 years from the time of construction.

Where distribution mains serve irregular shaped lots, such as may be encountered in cul-de-sacs or other locations where the platted front footage is disproportionate to the size of the lot as compared to other lots served, the adjusted front footage used for the purpose of determining the charge for distribution main construction shall be calculated by equating a rectangle whose frontage is two-thirds its depth to the area of the lot. The adjusted front footage would thereby be equal to .817 times the square root of the area of the lot. The fee for distribution mains serving corner lots will be established on the basis of the lesser of the two front footage regardless of the location of the main from which service is rendered.

I.       Main Extension – Developer / Property Owner Requests

The cost of a new water main extension with a diameter up to 12 inches shall be paid by the developer/property owner. If the City deems it necessary to install a water main larger than 12 inches in diameter for City purposes, the developer/ property owner shall pay the costs equivalent to a 12 inch diameter water main and the City shall pay the additional costs to upsize the water main above 12 inches in diameter. Where short main extensions are desired on isolated streets, within platted areas, and where such extensions serve a diversified property ownership consisting of three or more property owners, the City will at its option, make such main extensions when payment is made in full.

The provisions for main extension fees set forth above are based on the assumption that the area to be served is contiguous to areas in which distribution mains exist at the time the proposed extensions are contracted for, or that the areas are contiguous to other areas in which distribution mains have been contracted.

J.       Industrial or Institutional Development

The City may, at its option, make extensions to the water distribution system to serve institutional or industrial developments where contracted or estimated revenues will justify the cost of such extensions. Where distribution system extensions abut commercial and industrial property and provide service thereto at the established rates and under normal conditions of service, said property shall be charged for -distribution system mains in the same manner outlined above.

K.       Unusual Pressure and Flow Conditions

The City will provide water service at the pressures existing in the water system. Any customer requiring pressures higher or lower than normally maintained in the system, or abnormal quantities of the water for fire protection or other special purposes, shall provide the additional equipment required, such as pressure reduction devices or additional pumping and storage facilities within his property and shall also pay for the additional expense to the City in providing additional transmission mains or other facilities required to provide such special services, either through rates or through contributing to the construction of such additional facilities. Service of a special nature will be rendered only at the option of the City and under conditions which will not interfere with normal service to the other customers.

L.       Fire Hydrants

Water for fire protection will be provided by the City through fire hydrants installed at intervals identified in the City specifications and that meet the City’s fire code requirements. The cost of installation of hydrants shall be borne by the developer or entity desiring such expansion of service.

M. Payment of Water Service Connection Fees

The developer/property owner shall be responsible for all costs associated with private service lines and any connections to the City water main and system for consumers INSIDE the City limits.  The Director of the Department of Utilities is hereby authorized to establish the applicable fees for 5/8 inch and one-inch service connections.  The fees shall be established by February 1st and shall be in effect through January 31st of the next year.  The fee shall be published on the City’s website on February 1st or as soon thereafter as practicable, and shall be available in the City Clerk’s Office.  The fee shall be assessed and paid in full prior to commencement of installation.

N.      Developer/Property Owner Service Connection Installation

In lieu of the City performing the 5/8-inch or one-inch service installation work, the developer/property owner shall have the opportunity to perform the work provided the developer/property owner uses a qualified contractor or licensed plumber and uses the meter kit issued by the City for purchase.  The City shall inspect the installation work pursuant to its regular inspection procedures.  The Director of the Department of Utilities is hereby authorized to establish the applicable fees.  Said fees shall be established by February 1st and shall be in effect through January 31st of the next year.  The fees referenced herein shall be published on the City’s website on February 1st, or as soon thereafter as practicable, and shall be available in the City Clerk’s Office.  The fees shall be assessed and paid in full prior to commencement of installation of the work. 

Section 4.  The references to sanitary sewer service or water service set forth in the matrix in Resolution No. 5614 are superseded by this Resolution.

Section 5.  The fees referenced in this Resolution 7212 in Section 2.H. (Sanitary Sewer Post-Construction Fee), Section 3.H. (Rate of Payment), Section 2.M. (Payment of Water Service Connection Fees), and Section 2.N. (Developer/Property Owner Service Connection Installation) shall be effective February 1, 2018. 

SECTION 6. Section IV.H and Section VI of Resolution No 5614 are hereby repealed, it being the intent that the provisions of this Resolution 7212 supersede Section IV.H and Section VI of Resolution No. 5614, but that all other sections of Resolution No. 5614 not in conflict with this Resolution remain in effect.

ADOPTED by the Governing Body of the City of Lawrence, Kansas, this ____th day of ____________, 2017.

 

 

 

 

APPROVED:

 

 

 

___________________________

Leslie Soden

                                                                   Mayor

ATTEST:

 

 

 

__________________________________

Sherri Riedemann

City Clerk

 

APPROVED AS TO FORM:

 

 

 

__________________________________

Toni R. Wheeler

City Attorney