ORDINANCE NO. 9502

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING CHAPTER 19, ARTICLE 9, SECTIONS 19-904, 19-905, 19-908, AND 19-910, OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2018 EDITION AND AMENDMENTS THERETO, PERTAINING TO THE SYSTEM DEVELOPMENT CHARGES, AND REPEALING EXISTING SECTIONS 19-904, 19-905, 19-908, AND 19-910.

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

SECTION 1. Chapter 19, Article 9, Section 19-904, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:

19-904             SYSTEM DEVELOPMENT CHARGE; ADMINISTRATION.

Prior to the establishment of a new service connection to the City water system or the City wastewater system, or both, the applicant for service shall pay to the City a system development charge as established in Section 3 or Section 4, or both, depending upon the service sought by the applicant. In situations where a new service connection is sought for both water and wastewater, the applicant shall pay the system development charges for both water and wastewater.

For purposes of this Article, a new water service connection shall be the installation of a water meter for service to a property. For purposes of development charge administration, master water meters shall be considered non-residential usage. For each new water connection, a separate wastewater system development charge shall be assessed, unless the water connection is not sewered. All new sanitary sewer service connections to the City sanitary sewer system, including those made in districts financed by a county sewer district, shall be covered by this Article.

The Director of Utilities the Municipal Services and Operations Department shall have the authority to promulgate rules and regulations to implement the provisions of this Article. (Ord. 6791)

SECTION 2. Chapter 19, Article 9, Section 19-905, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:

19-905             COLLECTION, EXPENSE, AND ANNUAL REPORT OF SYSTEM DEVELOPMENT CHARGES.

(A)       The system development charge shall be deposited by the Finance Department into the City Utility Fund and shall be used only for the payment of costs for the design and construction, and related improvement costs including but not limited to interest and debt issuance costs, of capital improvements of the water or wastewater utility. Water system development charges shall only be expended on water utility capital improvements which expand the capacity of the system to accommodate new connections to the system. Wastewater system development charges shall only be expended on wastewater utility capital improvements which expand the capacity of the system to accommodate new connections to the system. The Director of Finance shall maintain and keep adequate financial records for the receipt and expense of system development charges.

(B)       The Director of Utilities the Municipal Services and Operations Department, in cooperation with other appropriate City personnel, shall prepare an annual report detailing the receipt and expenditure of system development charges. The report shall be presented to the City Commission on or about March 1 of every year. The report shall: detail the receipt of system development charges, detail the expenditure of system development charges, review the rates of the system development charges, and report on such other matters as may be appropriate for the administration of the system development charges. (Ord. 6791)

SECTION 3. Chapter 19, Article 9, Section 19-908, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:

19-908             REFUND OF SYSTEM DEVELOPMENT CHARGE.

The current owner of property on which a system development charge has been paid may apply for a refund of such charge if the City has failed to expend the original system development charge receipts for the property within five (5) years of the date of the payment of the charge. Only the current owner of property may petition for a refund. A petition for refund must be filed within one year of the event giving rise to the right to claim a refund. The petition shall be submitted to the Director of Utilities the Municipal Services and Operations Department. The petition must contain:  a statement that the petitioner is the current owner of the property; a copy of the dated receipt for payment of the system development charge; and a statement of the reasons for which a refund is sought. The Director of Utilities the Municipal Services and Operations Department shall have thirty (30) days from the date of submission of the petition to issue an administrative order on the petition. The administrative order shall include a refund of the original system development charge receipts if the Director of Utilities the Municipal Services and Operations Department finds that the original system development charge receipts for the property have not been expended within five (5) years of the date of the payment of the charge. (Ord. 6791)

SECTION 4. Chapter 19, Article 9, Section 19-910, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:

19-910             APPEALS.  

A decision made under this article may be appealed to the Director of Utilities the Municipal Services and Operations Department by submitting a written appeal request to the Director of Utilities the Municipal Services and Operations Department within ten (10) days of the date of the decision. The Director of Utilities the Municipal Services and Operations Department shall schedule a hearing on the appeal. In considering the appeal, the Director of Utilities the Municipal Services and Operations Department may affirm, modify, or overrule the decision in a manner that is consistent with the provisions of this ordinance. All decisions of the Director of Utilities the Municipal Services and Operations Department shall be in writing and the decision rendered shall be a final administrative decision. The Director of Utilities the Municipal Services and Operations Department may delegate responsibilities of this Section to other City personnel as the Director determines appropriate. (Ord. 6791)

SECTION 5. Existing Chapter 19, Article 9, Sections 19-904, 19-905, 19-908, and 19-910, 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 6. 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 7. 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