HomeMy WebLinkAboutORDINANCE 0863-1983f;z
® r,
M
W
0
Suggested by: Council
CITY OF KENAI
ORDINANCE NO. 863-83
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING
KMC 18, AND ADDING A NEW CHAPTER 18.27 ASSIGNED UTILITY LOCATIONS
WITHIN THE CITY'S RIGHT-OF-WAYS.
WHEREAS, the City of Kenai's Ordinance #479-79 is a comprehensive
ordinance regulating the excavations in streets and public
right-of-ways, and
WHEREAS, Ordinance #479-79 means that utility companies and
contractors are required to obtain a yearly excavation license
for excavation work within the City's right-of-ways and an
Individual Project Permit for each project which includes a
completed form and a sketch or drawing showing the location of
the work which is to be done, and
WHEREAS, it is the desire of the City of Kenai to establish
assigned utility locations within the City's right-of-ways, and
WHEREAS, this might allow for less chance of damage to the
utilities during street and drainage maintenance work and there
might also be less of a chance a utility may have to relocate
their utility line, and
WHEREAS, this may provide a savings to the utility company in
their relocation costs and save the City time in not having to
wait for the utility company to move their lines, and
WHEREAS, pursuant to KMC 10.15.050, the City Attorney has
renumbered and renamed certain sections so as to be more clearly
understood. This entire title will be included in a Code
supplement.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA AS FOLLOWS:
Section 1: KMC 18.20.005 is hereby amended to read as
follows:
1
Ordinance 863-83
EXCAVATIONS IN CITY STREETS BY CONTRACTORS OR UTILITY
COMPANIES: a No utility com an person, or legal entity
concon— duct!R*g any excavating activities shall perform any work
in or under public lands or public right[S]-of-ways or in
any public utility easement[S] within the City wiffout first
having been granted,
(1) a yearly license therefor as set forth in KMC 18.20,
and
(2) a permit for the individual excavation or street
opening contemplated as set forth in KMC 18.25.
(b) Said yearly license and street opening permit shall
be obtained from the City Public Works Department. "Ex-
cavating" means the removal, carrying away, backfilling,
tunnelling, bulldozing, digging out, leveling, clearing, or
moving of earth or soil by manual or mechanical means.
"Contractor" means any individual utility company, or legal
entity conducting any excava ing activities.
Section 2s KMC i8.20.030 is hereby repealed and re-enacted
as follows:
Insurance Re uirements (a) Before the issuance of a
yearly cense, the con ractor shall provide to the City
certificates of insurance evidencing:
(1) Not less than $500,000 combined single limit bodily
injury and property damage. The applicable certificate
of insurance shall clearly indicate that the property
damage liability coverage includes hazards from under-
ground work, explosion, collapse and damage to under-
ground wires, conduits, pipes, fittings, mains, sewers
and a similar document of indemnity required pursuant to
the provisions of KMC 18.20.040 has been incorporated
into and made part of the applicable insurance policy.
,s (2) The Certificate of Insurance provided must contain
the following clause (or a similar clause mak ng the
same provisions):
"In the event of cancellation of the bove
contract of insurance, the Company Under-
- writers will give not less than thirty (30)
-,, days' advance notice by mail to the party to
-_ whom this certificate is issued, at the
address herein, which shall be sufficient
proof of notice. This program supercedes and
replaces the cancellation clause printed in
the form, if any."
--
-
I
Ordinance 863-83
If the form of certificate tined by the contractor's
lnouror does not contain a cancell at tuft r►ot ire complying
with the above, then the above clausa roust be oubatituted
for the clause in the form.
(3) Workmen's compensation insurance in accordance with
the laws of the State of Alaska.
Section 3% KMC 18.25.020 is hereby emended as fo.11owas
Application: (a) Applications for ouch a permit shall
be made to the ublic Works Department on forms provided by
the department setting forth in a verified format the fol-
lowings
(1) Name and address of the party doing the work.
(2) Name and address of the party for whom the work to
being done.
(3) Location of the work area.
(4) Whether a detour of traffic will be necessary.
(5) A detour description form if needed, as an attach-
ment to the individual excavation permit.
Plans, drawing's. or sketches a ow na the location
where the work will be one w=n the r-o['-wa
or zoo a nd a statement showing he minimum depth
o urIal Inc u n loca ions o' new utility lineo
relocation of existing utility 115ea,or replacement of
utility lines,
xcep ions to assigned Utility location in City
ri ht=of-wa a.
8) Any additional [SUCH OTHER] information and
assurances as the Public Works Director shall find
reasonably necessary for the issuance of a permit.
Section 41 KMC 18.25.080 is hereby amended an followos
Notification of Utilitieos (a) No permit shall be
valid unless an un s
i (1) The contractor has given 24 hours notice to all
utilities (including gao, telephone, [AND] electric,
[ and Cable TV companies) of his intention to excavate in
v the area proposed, and
(2) All existing utility linen or pipes have been
staked or otherwise clearly marked for the contractor
accomplishing the excavation contemplated, or that said
`t utility companies have approved the individual ox-
csvation by signing off' on the permit.
3
1 _'
tlyd 1 tiative 116 S-tt 3
5itt,llfit _►_'>s {tMC 1N.Lh,tl'ati Ito list roby rupurtlorf atfrf I'll -fill ov1lift
no fill! iwtt I
COM111of loft w_Ith_ C►f-j III slit If►ns (it) No pormlt nhol l fill
i r►uuoif r -L ►n j►is cpnau I►tr tifif)(r 1 fiO Two (,'fly III I III !"it ( will or
Doll tower, of orm nownrn, and ill root 11(ihf ft) oxnopt 11pon prior
roonlpt of fill Itinpllol Ion fonts ntid pormlt a rarlulrnd fly f ho
City, hrolinrf y owtiaro don vItill 11; nonnont t o wiltfrr and flownr
rnoloo, I all oro 1 to I, or t roftkn ohff I I moka flpp 1 Inol Ion tilt, aotlh
onotlnotton fill ps►y f►1l Inoponf loll tone of Ifin rnnjo offlnfr et
the Cit y. Al I uononnl Imoo f o waf or will oowor rnnlna aftal l fin
mode fly Cif y- 1 Ivitiswod front snot torn ofill I lifspow I off fly I lift 1'al►1 In
Worko 91rootor fir host deoititlaf off ropt,oflntif ai ivo. It wi 11 1) so
thft rnopotioIbl I II y of I lift Letil snot or 1 to fit rtiltill r►r ollppI y ill 1
fnf►tofr1910 fluuouwnry to fook.0 thrt r.otltiatrt loft nnff Ito lift rform toll
ti000000ry onrllrtonrltiff donl(Ili , otigltinnt,ifill mnnwflnfutinl,
on4ll11e01, ltiq Iflopoul I oil, of I fill 111 ono 1 yo I if otid aompnnl I lift
IontIit" by a onrt Iftnd Intl, all at►rvaylfill by it rnglfit orell
I®od ourvuyor0 pipe font Itiff , exnwvfit If►ia, pipnlwyIifq, bwak-
f I I I Intl, r,ompoil l I rill, flood t to taut era I. fill rondwwy I ll II it
orlglf►a1 ootidlt host,
(b) Water and 1511wor 'lerv1re 1 1r►oo1 Whon will at, find/or
oowor oervIoff Ito run off (fill loll tti Iltio or from If►n curb atop,
the property Owner roeelvtr►q the rinrvoan oa to owlnpinfo to
wwtor lrevisit iI wfld/or nowor permit 0 pooh pormll t is Ilift loffot
(1 i fits ltllfill wddreno -Lot , I1ltiff k, flubdovI-Ilon, Addl-
tloti,
(Z) Hato Of AppI lout Ion,
(3) Centina I I fro f► 1 io.
(4) property owner, wddrtimit and plimm itmob or,
(S) losipaet loll fon,
(6) A eompIotI) will nnoftrtit if ifltill rnm or itrowIn(I flhowInq
tIto loontItill Of the will al, ntid/or flown I, oft rvIIm llnn
ttie ltill lto0 fhrnn owltiq Ile dlmotit►lotto Ihuf pill-po►f!t Iho
Ieunt Info of whorft Ilia norvititt 1 !fill mimmnt is fo Ilia in" 1;1
and tIto Itic of Ioti of thll wntor all1,b fit op or Iffn and tff
tha flown tit III).
( y ) Atiy odd l t totin l 1 ftf ormf►f I fin nnfi nstowroliv oa fill 1 ht1
Polls a Worko b1cootnr nlfaII flttrf rannoollbly f►notill nnt,y
for the fen1111rtun of if permit .
(a) Watur wood flower Moo I If►oris Coot runt era Innf fit I Iticf
wet fir and/or newer mninu finvo t ff mool I ha f all Irowing 10111111111111
requ I rurnutit a I
(1 ) Witt fir Otid Bower 111111 fill linvo I is he e►►q I nffnrod ofiff
doofgtiod by f'rufenstlotinI I nglnawrn rngltit ororf find
IIveound by the fit ate of Aloffkn.
0
rm
Ordinance 863-83
(2) All water and newer mains have to be designed with
all future extensions and laterals taken into con-
aideration.
(3) The design of all water and sewer main lines have
to be approved by the Alaska Department of Environ-
mental Conservation and the City of Kenai prior to any
work.
(4) The minimum si.ecificationa used for water and
sewer main designs will be determined by the Public
Works Dfrector, or in his absence, the City Engineer.
Section 6s That the City of Kenai Code of Ordinances is
hereby amended by adding a new chapter to be numbered 18.27 which
shall read an set forth below:
ASSIGNED UTILITY LOCATIONS WITHIN
E L' S S
18.27.010 S ecific Locations for Each Utility Within
the Cit 'o Ri h -o - ass a) Utility companies operating
within the City of Kenai will, whenever placing new utilities, _
relocating existing utilities, or replacing existing
utilities, place their utilities (as per the attached
drawing) in the following assigned locations within the
City': right-of-ways
(1) Telephone Utilities will be placed on the north or
west side oF the Kenai Irublic Right -of -Way at a minimum
depth of 36 inches within the following distances from
the property lines
0' to 3' for 0' to 50' ROW
0' to 4' for 51' to 60' ROW
0' to 5' for 61' + ROW
(2) Electrical Power Utilities will be placed on the
north or west side of a c.na Public Right -of -Way at
a minimum depth of 36 inches within the following
distanceo from the property lines
3' to 6' for 0' to 50' ROW
4' to 8' for 51' to 60' ROW
5' to 10' for 61' + ROW
5
IQ
a.
Ordinance 863-83
(3) Gas Utility Lines will be placed on the south or
east side of the Kenai Public Right -of -Way at a minimum
depth of 36 inches within the following distances from
the property line:
01-3' for 0150' ROW
0'-4' for 51'-60' ROW
0'-5' for 611+ ROW
(4) Cable TV Utility Lines will be placed on the south
or east side of the Kenai Public Right -of -Way at a
minimum depth of 18 inches within the following
distances from the property line:
3'-6' for 0'-50' ROW
4'-8' for 51'-60' ROW
5'-10' for 611+ ROW
(5) Sanitary Sewer h Storm Sewer Utility will be
placed on the north or west side of the Kenai Public
Right -of -Way within the following distances from the
property line:
6' to centerline for 0' to 50' ROW
8' to centerline for 51'-60' ROW
10' to centerline for 611+ ROW
(6) Water Utility will be placed on the south or east
side of the Kenai Public Right -of -Way within the
following distances from the property line:
6' to centerline for 0' to 50' ROW
8' to centerline for 51'-60' ROW
10' to centerline for 611+ ROW
(7) Street lighting, fire hydrants, and catch basins
will be handled individually on a case -by -case basis.
(b) Due to the changes in topography, and various
widths of street surfaces throughout the City of Kenai,
different depths of burial then above may be needed especially
in areas where ditches are used along side the roadway.
(c) If it is apparent or if the City of Kenai determines
that the Kenai Public Right -of -Way is only a half dedication,
no utilities can be placed along the side of the Right -of -Way
that could possihly be a future road centerline. The
Utilities that would normally locate on that side of the
6
I --
F-.1-Ad
IV
Ordinance 863-83
right-of-way would have to seek proper utility easements
from adjacent property owners after taking into consideration
future apparent right-of-way.
(d) All costs of relocation of utility facilites in
the City of Kenai's right-of-way will be borne by the
utility company.
18.27.020 Exceptions to Assigned Utility Location in
City Right -of -Ways: aWhenever a utility company fin -Ts -
it unreasonable to place its utility within their assigned
area for new line installations, relocation of existing line
locations, or replacement of existing lines, a form entitled
"Exception to Assigned utility Location within City of Kenai
right-of-ways" needs to be submitted with their "Individual
Project Application Permit for Excavations in or Adjacent to
City right-of-ways". The form shall be provided by the
Public Works Department scatting forth in a verified format
the following:
(1) The name and address of the party doing the work,
(2) The name and address of the party for whom the
work is being done,
(3) A complete explanation as to why the utility
company is requesting the change from their assigned
utility location in the City right-of-way.
(4) Additional plans, drawings, or sketches necessary
to show where existing utilities are, problem areas
such as rock, etc., and locations that the utility
company is requesting to place their new utilities.
(5) An area of the form for comment to be signed and
executed by the utility company which is normally
assigned the area that the requesting utility company
is asking to place their utility in. This area is to
be completed and signed by all the affected utility
companies prior to submission to the Public Works
Director.
(6) Any additional information and assurances as the
Public Works Director shall find reasonably necessary
for the issuance of the permit.
7
.w � X ��' . � ti r ,--{'r. '},--a-�...:.. - .._.....;;.1-.._..� � �..,....�_ _ �t''--'—='R:_ '--vim(-r*+M',e�,,._..�.. - iL • ` _
Ordinance 863-83
(b) Subject to appeals to the Council, the City
Manager or his designee, has approval in granting an
exception to the assigned utility location within the City
right-of-way.
(c) No work shall be started until the utility company
has met all the requirements of KMC 18.
(d) Request for exceptions that become necessary and
evident during actual ongoing construction shall be deemed
approved if not rejected or modified within four normal
working hours after beinr received by the Public Works
Department. It is the utility company's responsibility,
after completing the form and turning it in to Public Works,
to come back and pick up the exception form at City Hall
within four working hours.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day ,
of February, 1984.
TOM WAGONER, YOR
ATT ST�
at Whelan, City Clear Cl1/0
erk
First Readings May 4, 1983
Second Readings May 18, 1983
Third Readings August 17, 1983
Fourth Readings October 5, 1983
Effective Dates March 1, 1984
8
i
e�
. _. _, d,
c�
att
.�
+
+
i
W W rs
W W
0
c:
a..
F
•
5
^
G�
Is:
O
O
z
a.
a-
NORTH OR WEST SOUTs! OR EAST
C/L
m I
U
3�3
psi
N
� ;
a
� x 0
to
x a�
to 3
a
0
H
rn
ASSIGNED UTILITY LOCATIONS
WITHIN CITY OF KENAI RIGHT OF WAY
�x3
cV.�c
o.oc
oC5
o-
-
O
7.3W
7 9 7
W W
W W W
0
z
o
e
�
G
U
R/W
cM+r.r I]
I Q,
a_u,
I
,:=I
CITY OF KENAI
N'. tad 6?� 4 4ia,�44tz„
P. O. SOX 600 KENAI, A►ASKA 99611
fill/NON/ 283 • 7535
January 20, 1984
Homer Electric Aaooclation
Attentions Sam Mntthewss
Box 429
Homer, Alaska 99603
Res Oral nanco No. 863-03
Aouigned Utility Locationo within ✓nral'u Public ROW
Dear tor. Matthewa:
Pleaue find encl000d a coi,y at' Ordinance No. 863-83 which will ba
going bororo tho Council of till; City of Kenai on February 1,
1904.
1 want to thank thooe that arcs litrted holaw that worst in
attendnneo at the utilitien location ordinanoil rr►oeting or)
January 16 at Z p.m.
Alex Lorbinoo Glacier Stlito Telitphone
Dave Darden Homer Electric Anonciation
Dave Hopkino Glacior State Telophono
Saco Matthewn Homer Electric Annor, lnt ion
Al Kondriek F:N:;TAI:
O. L. Thomno KU5l;O
Davo Ilrertin EN;;fAll
Yvonne Hakkinnn InIf1tviaton
Keith Y.ornt3lia City or Koni i
Jack La 5hot City of Kut►ni
An wan roquursLod at rho }, : :,i', i1 Montt hack to tho f i ral.
draft of tho utility ordinance wlilch arinirinu opoelflc; uroao
within the right of way to each onn of thtt utilitien. It noernrs
to bti the connonour► of opinion of t.ho tit i 1 ity companleti nL Lhu
moetinrl that at►uitinnd lavatlon,s within tho right. of wiry wero Mori?
daoic:ittlti Lltan tsiritply allowlny all Lhtt uf.fliLlan in tilt! outor nix
feet of Lhti ritjhl. of way. Art wo elior.t►nnntl in thtt mviltift'g, 'I have
al -pi t nkttn ,ppiie of thrt vommenf.o and conctirnn that ware e:xprnnntttt
In t'lttt thino nevi tlon of thn urtllnunvo anti Itlai;r.t1 i,itftm hack into
the fir-st orttinnncrt.
S
r
In our ifinrun,tir�n t►1, tha rnr.cl. irtrl, thn rtt.l l lty r,umisrrr►tca frsIt thaf,
tItoI.(! woo no nntsri for nno he I. III rrrtlfill l)rinr to tho i'rsbr'urrry 1
Courtr,it 'Reetinrl trntrsnn +lmj,jr v,r•.rtr rtnmrs r,bjrrr•.t tons, rnirrrsrf rrPtrtr
roceiviny tfte criclonrrrl dt•nft. 1 flat uluu rininr] to t'rsriner,t at thrt
Council mavtlnq un firbrutrry 1 ths►I, f.hr;y h,tvil tmrr nd;liLir)nt,l
condinrl at thsrt mer:tinq inutrrt►d of r,rtnrlur,r l;trl st fir,trl hotiring on
tho Ot•rlinnnce. Thirt manna that final pt11,orrr3rt of this ordi.nttncrt
would bo Fobruury 15, 1984.
Sincrrrrrl y,
i
Koith Komulln, Director
Dopartment or Pt.•blic 'rlpt•kn
KK/jet
Enclauuc'o
Ll