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Home My WebLink AboutORDINANCE 0686-1981CITY OF KENAI ORDINANCE NO. 686-81 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING ORDINANCE NO. 409-78 AND REPEALING KNC 17.05.070 AND AMENDING KMC 17.05.040 4, KMC 17.05.040 7. KMC 17.10.020 4, AND KMC 17.10.070 TO CLARIFY THE AUTHORITY OF THE CITY MANAGER, SUBJECT TO APPROVAL BY THE COUNCIL, TO ESTABLISH RATES AND FEES FOR OPERATION OF THE WATER AND SEWER SYSTEMS, AND DECLARING AN EMERGENCY. WHEREAS. Ordinance No. 409-78 enacted a revised schedule of rates for users connected to City water and sewer systems, and WHEREAS. KMC 17.05.040 7 provides authority for the City Administrator to establish rates as well as rules and regulations, subject to approval by the Council, for the water distribution system, but that section lacks clarity, and WHEREAS, the City Council has directed an increase in fees set by KMC 17.05.040 4 and KMC 17.10.020 4 for inspection of water and sewer connections, and has likewise directed the removal of the water and sewer connection fees provided in Ordinance No. 409-78, and WHEREAS, the City of Kenai has obtained an engineering sewer rate study and it is expected that modifications of sewer rates will be necessary when the new treatment plant goes "on line," anc! WHEREAS. setting of rates and fees is more efficiently performed as an administrative rather than a legislative function and the ordinances reserve to the City Council the power to review and approve or disapprove of such rates and fees as well as other regulations, and WHEREAS. an emergency exists in that if the repeal of the water and server extension fees goes through the regular ordinance procedure. such repeal will not be effective, at the earliest, until July 17, 1981, and therefor many builders in this construction season seeking connection permits before that date would be charged the present fees while those building in the 1 Amite leJ6 - I-N same construction season but seeking permits after that date would not be exposed to the payment of such fees, which might disturb the public peace. Such an effective date might influence the delay of construction until past the middle of July to the detriment of the construction industry, the citizens of Kenai, and the city itself, and WHEREAS. KMC 17.05.070 referred to water utility rates effective July 1. 1964. which were amended or repealed by Ordinance No. 409-78, and this section is now redundant, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1: Ordinance No. 409-78, and all rates, fees, and schedules se therein, are hereby repealed but it is hereby specifically provided that the repeal of said ordinance does not re-enact the provisions pertaining to Electric Service repealed by that ordinance. ctian 2: KMC 17.05.070 is hereby repealed. Sgc.tiQn Is KMC 17.05.040 4 is hereby amended as follows: 04. No water main connection or extension shall be made or backfilled until it is inspected and approved by the Public Works Director or his designated representative. The contractor who shall be a City -approved contractor, shall notify the City at least 24 hours in advance of the time requested for inspection. A fee for a watex__pesmitA established under Public Utility RegBlat ons and Rates, shall be charq,8d to cover the costs incurred by, the City in gu-h ns Qn- [OF $10 FOR THE FIRST 1-h HOURS SPENT AND $20 THEREAFTER SHALL BE CHARGED FOR AN INSPECTION MADE DURING NORMAL WORKING HOURS (8:00 A.M. TO 4:30 P.M., MONDAY THROUGH FRIDAY). AFTER THE FIRST 1-h HOURS, CHARGES SHALL BE BILLED IN ONE QUARTER HOUR INCREMENTS. A FEE OF $35 PER HOUR SHALL BE CHARGED FOR INSPECTIONS MADE ON SATURDAYS, SUNDAYS, HOLIDAYS OR AFTER 4:30 P.M. AND BEFORE 8:00 A.M. ON WEEKDAYS. SUCH FEES SHALL BE BILLED TO AND PAID BY THE CONTRACTOR. THE MINIMUM TIME CHARGEABLE FOR AFTER HOURS INSPECTIONS SHALL BE ONE HOUR. IN EXCESS OF ONE HOUR, CHARGES SHALL BE B:6LLED IN ONE -QUARTER HOUR INCREMENTS. 2 CONTRACTORS SHALL PAY FOR ACTUAL TIME SPENT BY THE INSPECTOR. INCLUDING TRAVEL TIME TO AND FROM THE JOB. WHEN THE CITY REQUIRES THAT A TAP BE MADE AT OTHER THAN NORMAL WORKING HOURS. THE FEE APPLICABLE TO NORMAL WORKING HOURS SHALL BE CHARGED.]" Sect�n 4s K14C 17.05.040 7 is hereby amended as follows: 07. The City Administrator is hereby empowered, subject to approval by the Council, to make such rules and regulations xeguixed for oPexW i of this s tem" not in conflict with the provisions of this Code, relative to water mains, connections, and extensions [AND RATES] which will be served directly or indirectly by the water distribution system. [OR TO WATER BILLING AND COLLECTIONS] as are necessary to protect public property or the safety and health of the public, and to establish rates or water billing and collections for the sugport -of the system_ and no person shall fail to comply with any such rule or regulation. Water service may be discontinued for non-payment of any utility service charges." P�Ut,ion is KMC 17.10.020 4 is hereby amended as follows: 14. No sewer main connection or extension shall be made or backfilled until it is inspected and approved by the Public Works Director or his designated representative. The contractor, who shall be a City approved contractor, shall notify the City at least 24 hours in advance of the time requested for inspection. A fee for a sewer permit. pRtahliahaA and r Ptiblin "tility_Regulations and Rates shall he nharge_3 to enver the costo incurred by the City in a + .h nappetla - [OF $10 FOR THE FIRST 1-� HOURS SPENT AND $20 THEREAFTER SHALL BE CHARGED FOR AN INSPECTION MADE DUPING NORMAL WORKING HOURS (8:00 A.M. TO 4:30 P.M., MONDAY THROUGH FRIDAY). AFTER THE FIRST 1-h HOURS, CHARGES SHALL BE BILLED IN ONE QUARTER HOUR INCREMENTS. A FEE OF $35 PER HOUR SHALL BE CHARGED FOR INSPECTIONS MADE ON SATURDAYS. SUNDAYS, HOLIDAYS OR AFTER 4:30 P.M. AND BEFORE 8:00 A.M. ON WEEKDAYS. SUCH FEES SHALL BE BILLED TO AND PAID BY THE CONTRACTOR. THE MINIMUM TIME CHARGEABLE FOR AFTER HOURS INSPECTIONS SHALL BE ONE HOUR. IN EXCESS OF ONE HOUR, CHARGES SHALL BE BILLED IN ONE -QUARTER HOUR INCREMENTS. 3 1 I 1, CONTRACTORS SHALL PAY FOR ACTUAL TIME SPENT BY THE INSPECTOR, INCLUDING TRAVEL TIME TO AND FROM THE JOB. WHEN THE CITY REQUIRES THAT A TAP BE MADE AT OTHER THAN DIORMAL WORKING HOURS. THE FEE APPLICABLE TO NORMAL WORKING HOURS SHALL BE CHARGED.] S,ectinn As KMC 17.10.070 is hereby amended as followst '17.10.070 Rules. Regulations, and Rates: (; ADDITIONAL; APPROVAL] The City Administrator is hereby empowered, subject to approval by the Council. to make such rules and regulations required for operation of this system, [INCLUDING BUT NOT LIMITED TO AND] not in conflict with the provisions of this ZDAP. [CHAPTER], relative to sewer mains, connections, and extensions which will be served directly or indirectly by the City sewage system as are necessary to protect public property or the safety or health of the public, and to eatabliah ratpa fnr aawar billing and collecting for the support of the syntama, and no person shall fail to comply with any such rule or regulation," section 7= it is the judgment of the Council that an emergency exists which makes it necessary that this ordinance be passed as an emergency ordinance for the immediate preservation of the public peace, health, or safety, and should become effective prior to the time when an ordinary ordinance would become effective because passage under normal procedure would remove substantial fees from sewer and water connections during the middle of the construction season and would have a tendency to delay making such water and sewer connection until after their removal which would jeopardize the public peace, health, or safety by aggravating those required to pay such fees because connections were made prior to that date and by tending to delay connections of water and sewer and thereby delaying or putting off until a new season housing and other structures needed for public health and safety. PASSED BY THE COUNCIL OF THE CITY OF KENAI -ASKA, this 3rd day of j une . 1981. VINCENT O'REILLY, OR 4 a �r ATTESTS et Whelan, City Clerk 5 First Readings June 3, 1981 Second Readings June 3, 1981 Effective Bates June 3, 1981 i ` _ ""` - "-' _ _ _ _ � _ _ `^^ -• ..�'i�..Rr7=__ _ �:��r .>-r_ _ _ - �R..Z-= _ ,t 1-_...-. _ -.7 _ .. _ .may.-. ., _ .... �a ram. •i ` _ ""` - "-' _ _ _ _ � _ _ `^^ -• ..�'i�..Rr7=__ _ �:��r .>-r_ _ _ - �R..Z-= _ ,t 1-_...-. _ -.7 _ .. _ .may.-. ., _ .... �a ram. •i