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HomeMy WebLinkAboutORDINANCE 0241-1974I:ITY OF KI.',~I Ordinance No..~-,-11 -74 A!,IIiNI)I:.IG KI;,.IA. COl)J:, l.Sf)~ TO Pr~O~tll)l! l:Ol~ IN-i, IEU PAYNENTS" FOR IH~AI, PROPERTY BENJ~FI'rl~t~, BUT ~OT I~./C],[II)EI~, n'i'l'lllN A LOCAL ASSESS- ~.IENT I)IS'I'RICT FOR A~SESSS{ENT PIIPPOSI:S, ltY PUBI. IC CAPITAL IMPROVE- MENTS, I'/ilI';REAS, nroperties and persons have it; some instances received benefits from public improvements instal led, for the cost of ~hich adjoining local improvement districts pay, and such properties or persons should be required to bear a pro-rata part of such costs assessed to local improvement district, and ~IlI~RE^S, it is only fair that persons receiving the benefit of the public improvement should bear their fair share of the costs, BE IT ORDAINEI) BY TIlE COUNCIL OF Till: CITY OF KEN^I: Section 1 - The Council of the City of Kenai finds as follows: A. That properties contiguous to, or adjoining, local improvement districts prior to enactment of this ordinance have on occasion requested service from the public improvement although such properties were not included within improvement districts assessed to pay for a capital improvement district in question; B. That properties receiving the benefit of contiguous or adjoining public improvements should in fairness to the properties assessed for payment of capital improvements, contribute to costs of providing the benefits of such capital improvements as water~/- g. That situations requiring contribution presently exist at the time of enactment of this ordinance and this ordinance is intended to correct any known or discovered oversights or omissions; P. That future instances will arise when properties contig- uous to, or adjoining, public improvements ~iIl be requesting connection or service of such improvements, and any arrangement for paying should have some statutory basis; ~. That tht~ enactment is intended as authority for payments in lieu of assessments for past connections, or services from public improvements and for such future connections or services as may occur and is in no way, intended as an amnesty or foregtve- nons or forebearance for past benefits received without assess- ments being paid therefore. Section 2 o Kenai Code, 1963 as amended is hereby amended by addin~-:th~--trb'Tlowtng provisions to read: Property receiving benefits althou~.h outside local t~provom'en t- district. Section 16-16 - A. Real property contiguous to, or ~' n~K~-,-~cal ~mprovement districts ma), receive the services from said contiguous improvement districts if a payment in lieu of assessments, and at least equal to said assessment within the d_tstrict ts made. Such payments may be referred to as an "in-lieu pay- ment''. B. If a property served by a public improvement has had paid on its behalf tin "in-lieu payment" then the amount of that payment may be credited to the amount due for payment of any later assessment for the particular service, if said property is included in a local improvement dtstrtct establt.qbed in the future. C. Any lien created by an "in-lieu payment" shall have the same priority as a counternart assessment has. D. Receipt of the benefits by paying an "in-lieu payment" for benefits of public improvements may be initiated by either fl) the initiative of the Council in the event benefits are being receive,; for which no payment has been made or (2) upon the application of the owner of a property to be benefited by a public improvement which will be paid for by "in-lieu pay- meats". E. If the Council deems it necessary, the establish- ment of the amount of the "in-lieu payment" may be processed as required by Section 16-15 g through 16- 15 i of this Code. "In-lieu payment" rate determination. Section 16-17 - After determination that services from a public improvement should be paid for by an "in-lieu payment" procedure rather than by assessment of benefited property, then the Council shall establish rates for such improvements as follows: a. for benefits from connection to the water distri- bution system an "in-lieu pj~/ment" shall be computed on the basis of $0. ,~f~ per square foot of pro- perty to be benefited; b. for benefits from connection to the sewer distri- bution system an "in-l~eu.payment" shall be computed on the basis of $0. ;D~7~ per square foot of property to be benefited; m .street improvements _$~_-~"~' payment" computed o~i~s-i~_o~_. ,p~er__square foot o~be benefited; ' d. other public services, other than those enumerated in this section, shall be paid for at a rate to be determined at the time of application for the requested service. Section 3 - The provisions for the Kenai Code, enacted by this ordinance, are undertaken with the knowledge there are presently existing connections to the water distribution syste~ or the sewage collection system or other public improvements of the City for which serviced properties have not been charged and are not included within an improvement district, or have been made without authorization of the City or have been made without documentation so that proper charges could be mado for such ~ervice. This enactment is intended to correct the enumerated oversights. First reading on ~ day of February, 1974. Second reading on _wi___ day o£ "~ff////_.gc.~ , 1974. ATTE~, T: '-$IIARON LOOSLI, City Clerk Ii!