ORDINANCE NO. 9503

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING CHAPTER 19, ARTICLE 10, SECTIONS 19-1003, AND 19-1009, OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2018 EDITION AND AMENDMENTS THERETO, PERTAINING TO THE WATER CONSERVATION PLAN, AND REPEALING EXISTING SECTIONS 19-1003, AND 19-1009.

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

SECTION 1. Chapter 19, Article 10, Section 19-1003, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:

19-1003           DECLARATION OF A WATER WATCH, WARNING, OR EMERGENCY.

(Ord. 8492)

(A)       Whenever the governing body of the City finds that a circumstance 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 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 immediately and may be publicized 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 the Municipal Services and Operations Department, or the designees of such persons, may exercise termination powers pursuant to Section 19-1009.

SECTION 2. Chapter 19, Article 10, Section 19-1009 of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:

19-1009           EMERGENCY TERMINATION.

Nothing in this Article shall limit the authority of the City Manager or the Director of Utilities the Municipal Services and Operations Department, or the designees of such persons, from terminating the supply of water to any or all customers upon the determination of such city official that emergency termination of water service is required to protect the health and safety of the public. (Ord. 8492)

SECTION 3. Existing Chapter 19, Article 10, Sections 19-1003, and 19-1009, 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 4. 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 5. 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