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HomeMy WebLinkAboutOrdinance No. 2779-2014u CITY OF KENAI ORDINANCE NO. 2779 -2014 Suggested by City Manager AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, WAIVING THE REQUIREMENT OF KMC 17.10.020(C) - CONNECTION STANDARDS AND COSTS, THAT REQUIRES SERVICE LINES TO BE INSTALLED OFF A MAIN LINE THAT IS ADJACENT TO THE OWNER'S PROPERTY AND ALLOWING FOR A SERVICE LINE IN THE RIGHT -OF -WAY FOR THE PARCEL LOCATED AT 1207 FIFTH COURT IN KENAI. WHEREAS, Kenai Municipal Code 17.10.020(c) requires in relevant part that water service lines be installed off a main line that is adjacent to the owners property; and, WHEREAS, requiring service lines to be installed off an adjacent main helps the city maintain utilities in rights -of -way in an orderly manner; and, WHEREAS, the owner of the parcel located at 1207 Fifth Court in Kenai has requested an exception to KMC 17.10.020(c) to be allowed to run a service line into the right -of- way approximately 370 feet to the nearest main line; and, WHEREAS, the cost of running a main to the parcel would be approximately $37,000 which is cost prohibitive given that any further development utilizing the main is unlikely to occur as property is at the end of a cul -de -sac and the City owns the adjacent property which is primarily undevelopable due to wetlands; and, WHEREAS, requiring a main extension of 370 feet to serve one property would result in increased capital and maintenance costs to the City which would not likely be recouped by one service line; and WHEREAS, it is in the best interest of the City and the owner of 1207 Fifth Court to grant an exception to KMC 17.10.020(c) and allow the property owner to run a service line in the right -of -way to the nearest main line. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. Form: That this is a Non -code ordinance. Section 2. Waiver: That the requirement of KMC 17.10.020(c) requiring a service line connection to a main adjacent to the property is waived for the owner of 1207 Fifth Court and the owner is permitted to run a service line from the property into the adjacent right -of -way and to the nearest main line after obtaining all other applicable City permits. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2779 -2014 Page 2 of 2 Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of July, 2014. Sand odigh, CHy Clerk PORTER, MAYOR Introduced: June 18, 2014 Adopted: July 2, 2014 Effective: August 1, 2014 New Text Underlined; [DELETED TEXT BRACKETED] " "Village with a Past, C# with a Future"' 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 II Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1992 MEMO: TO: City Council FROM: Rick Koch DATE: June 12, 2014 SUBJECT: Ordinance No. 2779 -2014, Waiving the Requirements of KMC 17.10.020(c), Water Service The purpose of this correspondence is to recommend Council adoption of the above referenced ordinance. The property described as 1207 5th Court is at the end of a cul -de -sac approximately 370 lineal feet from the City's water transmission main located in Birch Street. The land to the north of 51h Court in this location will most likely not be developed in the future, and therefore no additional water services will be constructed. The only other lot on 5th Court is already developed and its water service connection was accomplished in the same manner in which the owner of 1207 5th Court is requesting. Thank you for your attention in this matter.