ORDINANCE NO. 9497

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING CHAPTER 19, ARTICLE 3, SECTION 19-313, OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2018 EDITION AND AMENDMENTS THERETO, PERTAINING TO METERS, BILLINGS AND RATES, AND REPEALING EXISTING SECTION 19-313.

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

SECTION 1. Chapter 19, Article 3, Section 19-313, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:

19-313             SEWAGE DISPOSAL SYSTEM CHARGE.

(A)       The amount of any charge for sewer service shall be determined wholly, or in part, by the amount of water used upon any premises or property connected to the sewerage system, the quantity of water so used shall be measured by the water meter or meters serving the premise or property.

(B)       In the event a premise or property connected to the sewerage system is supplied either in whole, or in part, with water from wells or any source other than the City's water system, then such wells or in part, with water from wells or any source other than the City's water system, then such wells or other source of supply shall be registered with the Director of the Municipal Services and Operations Department. If the water from said wells or other source of supply is not measured by a water meter, or is measured by a water meter not acceptable to the Director, then in such case, the owner or other interested party, at his or her own expense, shall install and maintain water meters satisfactory to the Director on all supplies.

(C)       Alternatively, if a portion of the water as measured by the water meter or meters does not enter the sewerage system then the dDirector of the Municipal Services and Operations Department may require or shall permit the installation of additional meters at the owner's or the interested party's expense, in such manner as to measure the quantity of water actually entering the sewerage system from the premises of such owner or other interested party, and the quantity of water used to determine the sewer service charge shall be the quantity of water actually entering the sewerage system as so determined.

(D)       If the Director of Utilities the Municipal Services and Operations Department of the City or his or her authorized agent find that it is not practicable to measure wastewater by aforesaid meters, he or she shall determine the wastewater in any manner or method as he or she may find practicable in order to arrive at the percentage of metered water entering the sewerage system, and the quantity of wastewater used to determine the charges for sewer service shall be that quantity developed from the percentage. (Code 1979, 19-313)

SECTION 2. Existing Chapter 19, Article 3, Section 19-313, of the Code of the City of Lawrence, Kansas, 2018 Edition, and amendments thereto, are hereby repealed in its entirety, it being the intent of the Governing Body that this ordinance supersede the repealed Code sections.

SECTION 3. 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 4. 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:

___________________________________

Stuart Boley, Mayor

ATTEST:

__________________________________

Sherri Riedemann, City Clerk

APPROVED AS TO FORM:                   

__________________________________

Toni R. Wheeler, City Attorney