CITY OF HOMER
HOMER, ALASKA
City Manager
ORDINANCE 01-03(A)_____
AN ORDINANCE OF THE CITY OF HOMER AMENDING CITY CODE CHAPTER 14.08 PROVISIONS RELATING TO RESALE OF WATER AND WATER FILLING STATIONS
THE CITY OF HOMER HEREBY ORDAINS:
Section 1. Homer City Code Section 14.08.105 is hereby amended to read as follows:
14.08.105
Resale of water. a. No person shall resell water
provided by the City water system unless that person has a Resale Permit issued
pursuant to section 14.08.110.first registered
with the City Planning Department as a reseller of water. The City may revoke a person's privilege to
resell water for violation of this section.
b. All City water purchased by a customer for resale to others shall be charged at the rates established by Resolution of the City Council, including the surcharge and any applicable end user service charge, which shall be paid on all water resold to others, regardless of whether the customer has a standard service account. As used in this section, "end user" will be interpreted according to the definition of the term used in the applicable schedule of water utility rates established by Resolution of the City Council.
c. A reseller of City water shall submit a monthly report of the quantity of water resold to others and the number of end users for the month on a form approved by the City. The report shall be received by the City Finance Department within 15 days after the end of each month. The report shall be signed under penalty of perjury. A report is subject to audit by the City for a period of three years.
d. A reseller of City water shall keep accurate records of the quantity of water sold to others and the number of end users. Such records shall be kept for a minimum of three years. The reseller of City water shall provide such records to the City for examination and audit upon request during normal business hours.
e. If a reseller of City water fails to submit required reports or fails to keep accurate records and make them available to the City, the City may make a reasonable estimate of the quantity of water resold to others. The reseller shall pay the required rates for the quantity so estimated. In such case the City's estimate is presumed to be correct and may be overcome only by clear and convincing proof to the contrary.
f. The reporting and record
keeping requirements of subsections c. through e. do not apply to resale of
bulk water purchased from the City under § 14.08.100
when (1) the quantity of water purchased is directly determined by the
City and (2) the customer pays the rates established by Resolution of the City
Council, including the surcharge, on all such water.
f. g. If a reseller with a standard
service account purchases a meter from the City for measuring the quantity of water
purchased, it shall be exempt from the monthly meter service charge. It is the responsibility of the reseller to
maintain that meter so the City can accurately determine the amount of water
being purchased. In the event the meter
fails, it is the reseller's responsibility, at its expense, to repair it or
purchase a replacement meter from the City.
The City may at any time test the meter for accuracy.
Section 2. A new section 14.08.110 is hereby added to the Homer Code to read as follows:
14.08.110 Permit for resale of water. a. A Resale
Permit may be issued to authorize
a person to resell water obtained from the
Homer Water System. A person shall apply for a Resale Permit on a
form provided by the City. The permit application must be
submitted to the Public Works Director, or another official
designated by the City Manager. The
application must be accompanied by a permit application fee in an
amount to be established by resolution of the City
Council.
b.
The terms and conditions for issuance of a Resale
Permit will be established by rule or regulation adopted
by the City Manager under the authority of section 14.08.055.
Section 3. A new section 14.08.120 is hereby added to the Homer Code to read as follows:
14.08.120 Permit
for water filling station. a. No person shall establish
or operate a water filling station to obtain
water from the Homer Water System unless that person has
first obtained a Water Filling Station Permit
under this section. As used in this section, "water filling
station" means a non-city
facility used to supply bulk water from the Homer Water System to a
tanker truck or other means of conveyance.
b.
A person shall apply for a Water Filling
Station Permit on a form provided by the City.
The permit application must be submitted to the Public Works Director,
or another official designated
by the City Manager. The application
must be accompanied by a permit application fee in an amount to be established
by resolution of the City Council.
c. The terms a Water Filling
Station Permit and the conditions under which it will be issued will be
established by rule or regulation adopted by the City Manager under the
authority of section 14.08.055. Such terms and conditions may include,
but are not be limited to uniform or site-specific flow rate
restrictions, storage tank requirements, and other provisions required
by the Public Works Department to minimize adverse effects on the
Homer Water System and to promote its efficient
operation.
d. No Water Filling Station may be located
outside of the City of Homer.
Section 4. A new section 14.08.130 is hereby added to the Homer Code to read as follows:
14.08.130 Permit suspension, revocation. a. The City Manager may suspend
or revoke any permit issued under this chapter for
cause including, but not limited to:
1. the
application for any permit this
chapter contained any error, misstatement,
omission, or misrepresentation of material fact, either with
or without intention on the part of the applicant, such as might or would have
caused a denial of the permit;
2. material breach of the
terms or conditions of any permit issued
under this chapter;
3. violation of any
applicable provision of this chapter;
4.
violation of any other applicable
law, ordinance, or regulation relating
to water quality, public health, or safety governing the permittee's
water related facilities
or operations;
5.
delinquency in payment of water utility charges or permit
fees owed to the City;
6.
conducting operations or maintaining facilities in such a manner that
public health or safety is
endangered.
b. Except as provided in subsection (c), when there is
a reasonable basis to believe there is cause to suspend
or revoke a permit, the City
Manager shall give the permittee reasonable
notice and a meaningful opportunity to be heard
concerning such cause prior to suspension or revocation of the
permit. If after
such a hearing the City
Manger finds that the
permit should be suspended
or revoked for cause, the City
Manager will issue and promptly deliver to the permittee
a written decision stating the grounds for
revocation and the City Manager's findings. The City Manager may designate a hearing
officer or other official to conduct the hearing and prepare a
recommended decision, which will not be final until approved, with or
without changes, by the City Manager.
c.
The City Manager may by written order suspend
any permit issued under this chapter without prior notice or opportunity to be
heard when the City Manager has a
reasonable basis to believe that (i) the
permittee's permitted facilities or operations are
endangering public health or safety, or (ii)
permittee is delinquent in the payment of water charges or permit fees owed to
the City. If a
suspension is imposed under this subsection, the permittee must be notified at the time of
suspension and in writing by the City Manager or designee of the an
opportunity for a hearing as provided in subsection (b).
The hearing must be provided to the
permittee within three business days after the date
the suspension is effective. A
suspension imposed under this subsection may be effective up to one business
day after the hearing, or if the
permittee requests and is granted a delayed hearing date, until the
decision is rendered after the
hearing is held.
d.
Nothing in this section or in any
permit issued under this chapter shall be construed to prohibit or limit the City's
authority to restrict, interrupt, decrease, or terminate the sale of
water under sections 14.08.074 through 14.08.077 or any other provision of law.
e. The permittee whose permit
remains suspended or revoked following the hearing process as identified in
14.08.130, subsection (b) will be provided written notice by the City Manger or
designee of the appeal process as stated in 14.08.140, 14.08.150, and
14.08.160.
Section 5. A new section 14.08.140 is hereby added to the Homer Code to read as follows:
14.08.140 Appeals - Board
of Appeals; notice of appeal. a. A suspension or revocation
of a permit under section 14.08.130 may be appealed
to a Board of Appeals comprised of the Mayor and
the members of the City Council.
b. An appeal to the
Board of Appeals must be filed within fifteen days of the order or
decision appealed from, after
which the order or decision is unappealable. Untimely appeals will not be
accepted. A notice of appeal must be filed
in writing with the City Clerk. The notice
must contain:
1. Name and address of the permittee;
2. A copy of the order or decision
being appealed;
3. A statement of the grounds for appeal that must include detailed and specific allegations of error and references to applicable provisions of the city code or other law.
Section 6. A new section 14.08.150 is hereby added to the Homer Code to read as follows:
14.08.150 Appeals - procedure. a.
All appeals must be heard by the
Board of Appeals within sixty days from the day the appeal is filed. The appeal must be decided
within a reasonable time after the hearing.
b. The City Clerk must prepare a record for the
Board of Appeals consideration.
The City Clerk must mail the permittee a notice
when the record is complete.
The record must be paginated and include
the following, if they exist:
1. The permittee's applicable permit file;
2. Complaints, notices and correspondence
regarding the administrative hearing;
3.
All exhibits and documents received at the
administrative hearing;
4. Tapes or minutes of
the administrative hearing;
5. Any orders or written
decisions made by the administrative hearing officer.
c. The permittee must be given twenty-one days'
notice of the appeal hearing by first class mail to the address stated in the
notice of appeal.
d. The permittee and the City Manager or other
administrative official may file simultaneous
written briefs not later
than seven days before the appeal hearing.
They may be represented by counsel. The Board of Appeals may hear oral arguments
from the parties if the Board determines it will be helpful to the Board.
e. An electronic recording shall be kept of the
entire appeal proceeding. The hearing
will be conducted in public, but the Board of Appeals may deliberate and decide
the matter in executive session.
f. The Board of Appeals will issue a written
decision including its findings and reasons supporting its
decision. Copies of
the Board of Appeals decision shall be promptly mailed to all parties
participating in the appeal.
Section 7. A new section 14.08.160 is hereby added to the Homer Code to read as follows:
14.08.160__ Appeal to Superior Court. A final decision of the Board of Appeals may
be appealed to the Superior Court no later than thirty days following the date the decision
of the Board of Appeals is first
mailed or delivered to the permittee. An appeal to the court must be filed according to the applicable
court rules.
Section 8. The existing section 14.08.110 of the Homer Code is renumbered as section 14.08.170.
Section 9. This ordinance is of a permanent and general character and shall be included in the City code.
ENACTED BY THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA, this ____ day of ___________, 2001.
CITY OF HOMER
_______________________________
Jack Cushing, Mayor
ATTEST:
___________________________
Mary L. Calhoun, City Clerk
AYES:
NOES:
ABSTAIN:
ABSENT:
First Reading:
Public Hearing:
Second Reading:
Effective Date:
Reviewed and approved as to form:
_____________________________ ___________________________
Ronald Wm. Drathman Gordon J Tans
City Manager City Attorney