ORDINANCE NO. 9495
AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING CHAPTER 19, ARTICLE 1, SECTIONS 19-102, 19-103, 19-106, 19-111, 19-113, 19-118, 19-120, 19-121, 19-122, AND 19-124, OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2018 EDITION AND AMENDMENTS THERETO, PERTAINING TO WATER SERVICE, AND REPEALING EXISTING SECTIONS 19-102, 19-103, 19-106, 19-111, 19-113, 19-118, 19-120, 19-121, 19-122, AND 19-124.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
SECTION 1. Chapter 19, Article 1, Section 19-102, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:
19-102 THE
MUNICIPAL SERVICES AND OPERATIONS DEPARTMENT OF UTILITIES.
There is hereby created for the
operation of the water and sewage system of the City a Department of Utilities.
The Department of Utilities shall be administered by the City Manager, who
shall appoint such officers and employees thereto as may be necessary for the proper
operation of the water and sewage system of the City. The Department of Municipal Services
and Operations Department of Utilities shall be administered
and the water and sewage system which shall be operated in
accordance with the applicable provisions of K.S.A. 2016 Supp. 12-856 et
seq. and amendments thereto, and in accordance with the provisions of
K.S.A. 12-1001 to 12-1038 inclusive and all amendments thereto, and all other
applicable statutes. (Code 1979, 19-102)
SECTION 2. Chapter 19, Article 1, Section 19-103, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:
19-103 WATERWORKS AND SEWAGE DISPOSAL SYSTEMS COMBINED.
The waterworks system and the sewage
disposal system of the City as defined in K.S.A. 2016 Supp. 12-856 et
seq. and amendments thereto, including all future improvements and
extensions thereto, whether to the waterworks system or to the sewage disposal
system, shall be and the same are combined and shall be known as the Municipal
Services and Operations Department of Utilities of the City. Such Municipal
Services and Operations Department of Utilities shall be operated
and financed as provided in K.S.A. 2016 Supp. 12-856 et seq., as
amended. (Code 1979, 19-103)
SECTION 3. Chapter 19, Article 1, Section 19-106, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:
19-106 WATER SERVICE APPLICATIONS.
Application for water service shall be
made in writing upon contract blanks to be furnished by the City Municipal
Services and Operations Department of Utilities. (Code 1979, 19-106)
SECTION 4. Chapter 19, Article 1, Section 19-111, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:
19-111 FURNISHING WATER LINE: REGULATIONS.
In making water service connections, the
Municipal Services and Operations Department of Utilities of the
City shall furnish up to sixty (60) feet of water line, including a street
crossing, and any additional water line shall be furnished by the consumer.
Water service lines shall not be installed in the same trench with the building sewer or drainage piping. A minimum distance of ten (10) feet of undisturbed and compacted earth shall separate parallel water and sewer lines.
Water service will be furnished only to premises complying with the applicable plumbing codes and regulations of the City.
(Code 1979, 19-111)
SECTION 5. Chapter 19, Article 1, Section 19-113, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:
19-113 TURNING WATER OFF AND ON.
No person who is not a duly licensed
plumber of the City or a regular employee of the Municipal Services and
Operations Department of Utilities or Department of Finance shall
turn water on or off at any time. Such an employee may do so only when
authorized by a duly approved application. Such application shall not be
required for a licensed plumber, however, a licensed plumber may turn water off
or on only in case of emergency caused by leaks or breaks of fixtures. In such
cases he or she may turn off the water, make the necessary repairs and turn the
same on again. Any person violating this Section shall be guilty of a
misdemeanor. (Code 1979, 19-113)
SECTION 6. Chapter 19, Article 1, Section 19-118, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:
19-118 TERMINATING WATER SERVICE.
All consumers shall give the City Municipal
Services and Operations Department of Utilities proper notice two
(2) days before discontinuing their service. Upon failure to give such notice
they shall be liable for the water registered by the meter or the minimum bill
until such time as such notice is given. (Code 1979, 19-119)
SECTION 7. Chapter 19, Article 1, Section 19-120, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:
19-120 ABANDONED WATER SERVICE CONNECTIONS.
When a water service connection to any
premises is not being used, the Municipal Services and Operations Department
of Utilities may consider the service connection be abandoned and will,
at its option disconnect any abandoned water service connection at the main and
remove the service pipe and appurtenant equipment. When a service connection is
required to serve premises disconnected under this Section, a new service shall
be installed only upon application therefor by the owner as prescribed in
Section 19-106. (Code 1979, 19-121)
SECTION 8. Chapter 19, Article 1, Section 19-121, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby enacted to read as follows:
19-121 WATER SERVICE EXTENSION POLICY.
The City Commission has authorized the
City Municipal Services and Operations Department of Utilities to
extend water service within the city in accordance with the Policy for
Extension of Water Service of the City of Lawrence. It is the intended purpose
of this Chapter to be consistent and harmonious with the Policy for Extension
of Water Service of the City of Lawrence. (Code 1979, 19-122)
SECTION 9. Chapter 19, Article 1, Section 19-122, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:
19-122 FIRE SERVICE CONNECTIONS.
All fire service connections shall be
provided with properly located control valves that may be closed in case of
broken inside piping. The maximum size of any fire service connection shall be
at least two (2) inches in diameter smaller than the main line from which such
fire service connection is made. However, upon application, the City Manager
may, upon the recommendation of the Director of the Municipal Services and
Operations Department of Utilities, or his or her designee, waive
said requirement if there are unique circumstances requiring such a waiver and
if the granting of a waiver will not compromise or otherwise diminish life,
health, or fire safety requirements. If an application for a waiver is denied,
the applicant may appeal the denial by filing with the City Clerk a written
Notice of Appeal within thirty (30) days of said denial. If a timely written
Notice of Appeal is filed, the City Commission shall, within a reasonable time
thereafter, conduct a public hearing on said appeal. The City Municipal
Services and Operations Department of Utilities reserves the right
at any time to require a meter to be installed on any such fire service
connection(s), which expense shall be borne by the property owner.
(Code 1926, 17-215; Ord. 1590; Ord. 6902, Ord. 8964)
SECTION 10. Chapter 19, Article 1, Section 19-124 of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:
19-124 CHEMIGATION PROHIBITED.
It shall be unlawful for any person to
apply any chemical by the chemigation process in any irrigation distribution
system. Persons convicted of violation of this Section shall be subject to a
fine of not less than $50.00 nor more than $500.00. Each consecutive day's
violation shall constitute a separate punishable offense. In order to protect
the public health, safety and welfare, the Director of Utilities the Municipal
Services and Operations Department shall have the authority to order the immediate
termination of water service to a property where chemigation is practiced.
(Ord. 6388, Sec. 2)
SECTION 11. Existing Chapter 19, Article 1, Sections 19-102, 19-103, 19-106, 19-111, 19-113, 19-118, 19-120, 19-121, 19-122, and 19-124, of the Code of the City of Lawrence, Kansas, 2018 Edition, and amendments thereto, are hereby repealed in their entirety, it being the intent of the Governing Body that this ordinance supersede the repealed Code sections.
SECTION 12. If any section, sentence, clause, 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 13. After passage, approval, and publication, as provided by law, this ordinance shall be in full force and effect commencing January 1, 2019.
PASSED by the Governing Body of the City of Lawrence, Kansas, this _ day of ________, 2018.
APPROVED:
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Stuart Boley, Mayor
ATTEST:
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Sherri Riedemann, City Clerk
APPROVED AS TO FORM:
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Toni R. Wheeler, City Attorney