CITY OF
HOMER,
City Manager/Public Works
ORDINANCE 09-36(S)
AN ORDINANCE OF
THE CITY COUNCIL APPROVING THE FAIRVIEW AVENUE WATER MAIN EXTENSION FROM
SVEDLUND STREET TO KACHEMAK WAY, AUTHORIZING EXPENDITURE OF HOMER ACCELERATED
WATER AND SEWER PROGRAM (HAWSP) FUNDS FOR THE WATER MAIN EXTENSION AND
APPROVING THE CREATION OF A DEFERRED CONNECTION CHARGE ON BENEFITED PROPERTIES.
WHEREAS, A property owner on
WHEREAS, The property owner has attempted to develop support for a water LID,
but contacts with affected property owners indicate a lack of adequate support
for and LID; and
WHEREAS, The property owner is now
proceeding to design and install a water main to serve the property; and
WHEREAS, Due to drinking water quality issues and the importance of
looping the water system and eliminating dead end mains, Public Works has
recommended that the main be extended the entire block from Svedlund Street to
Kachemak Way; and
WHEREAS, The proposed loop water main will benefit other lot owners within the
limits of this project (see attached map); and
WHEREAS, Homer City Code does not provide a realistic method that would allow a
“developer” who extends a main that benefits other properties (in this
situation) to be reimbursed by others when future connection is made; and
WHEREAS, A remedy for this situation is for the City to reimburse the
“developer” for the costs of extending that portion of the main that benefits
others and create deferred connection charges, based on fairly apportioned
construction costs on benefited properties; and
WHEREAS, These connection charges will be due and payable to the City, only if
and when connection permits are applied for; and.
WHEREAS, AS 42.05.385(a) requires that where a water line extension will create
charges or assessments against the adjacent property, the water line extension
may not be constructed without approval by the Council.
NOW, THEREFORE, The City of Homer Ordains:
Section 1. The construction of the Fairview Water Main
Extension and Improvements –
Section 2. That use of the HAWSP Funds is hereby
authorized for the Fairview Water Main Extension and Improvements –
Expenditure:
Account
No. Description Amount
Water Main
Section 3. The
owner of Lot J pays for the installation of the entire extension that fronts
Lots A-J. The City will reimburse the owner of Lot J for all costs
associated with providing water main frontage to others (estimated as shown in
the table below):
|
Estimated
Cost Responsibility: |
|
|
|
$
9,375 |
|
Lot
B |
$
9,375 |
|
Lot
C |
$
9,375 |
|
|
$
9,375 |
|
Lot
G |
$
9,375 |
|
|
$
9,375 |
|
|
$
9,375 |
Section 4. The City
Council requires the owner of Lot J to initially install and pay for the cost
of a new water main from Kachemak Way to Svedlund Street, with an estimated
cost of $75,000.
Section 5. The City
Council authorizes the City to reimburse the owner of Lot J for that portion of
the main that benefits the other property. The estimated cost is $65,625.
Section 6. The City
Council approves a deferred connection charge of $9,375 that is to be collected
when each of the other benefited properties applies to connect to the water
main. The total deferred connection charges are estimated to be $65,625.
Section 7. This
ordinance is not of a permanent nature and is a non code ordinance.
PASSED AND ENACTED BY THE CITY COUNCIL
OF HOMER,
CITY OF
____________________________
JAMES C. HORNADAY, MAYOR
ATTEST:
_____________________________________
JO
JOHNSON, CMC, CITY CLERK
YES:
NO:
ABSTAIN:
ABSENT:
First
Public
Hearing:
Second
Effective
Date:
Reviewed
and approved as to form:
________________________
__________________________
Walt
E. Wrede, City
Manager Thomas Klinkner, City Attorney
Date:____________________
Date:
_____________________
Fiscal
information: Estimated project cost is $65,625 paid for by the Homer
Accelerated Water and Sewer Program. Seven parcels will have deferred connection
charges. The deferred connection charges will be borne by HAWSP until
such time when connection permits are applied for.