CITY OF HOMER

                                                             HOMER, ALASKA                                                            

                                                                                                                                      City Manager

                                                           ORDINANCE 09-45(S)

                                                                              

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, AMENDING HOMER CITY CODE 13.24.010, APPLICABILITY; 13.24.040, CONSTRUCTION AND INSTALLATION--GRAVITY LINE; 13.28.010, APPLICABILITY; AND 13.28.030, WATER SERVICE CONSTRUCTION AND INSTALLATION; TO PERMIT A LOT TO CONNECT ONLY TO A DIRECTLY ADJACENT SEWER OR WATER MAIN, AND TO REQUIRE THE REPLACEMENT OF A CONNECTION TO A SEWER OR WATER MAIN THAT IS NOT DIRECTLY ADJACENT TO THE LOT BEING SERVED WHEN A DIRECTLY ADJACENT SEWER OR WATER MAIN IS CONSTRUCTED.

 

WHEREAS, Homer City Code 13.24.040(f) and 13.28.030(f) respectively require that no sewer or water service be provided to a lot that does not have a main directly adjacent to it, except with the permission of the Public Works Director where no other main line will be constructed to serve the lot; and

 

WHEREAS, In 2004 the Council adopted Resolution 04-55, which approved eliminating the practice of permitting connections to sewer and water mains that were not directly adjacent to the lot being served; and

 

WHEREAS, It is appropriate to amend the Homer City Code to implement Resolution 04-55, and to require the replacement of a connection to a sewer or water main that is not directly adjacent to the lot being served when a directly adjacent sewer or water main is constructed.

 

NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

 

Section 1.  Homer City Code 13.24.010, Applicability, is amended to read as follows:

 

13.24.010 Applicability and definitions.  a.  This chapter is limited to sewer service installations within public easements and rights-of-way.

b.  Definitions.  For the purposes of this chapter, the following words and phrases shall have the meanings set forth below:

“Directly adjacent”  A sewer main is directly adjacent to a lot when the sewer main is located in an easement or right-of-way that is adjacent to the lot, and either (i) the sewer main extends the entire length of the frontage of the lot along the easement or right-of-way; or (ii) the sewer main extends at least 10 feet into the easement or right-of-way adjacent to the lot, and the public works director has determined that at no time will the sewer main be extended to serve additional lots.

“Temporary connection” means a line that connects a lot to a sewer main that is not directly adjacent to the lot.

 

Section 2.  Subsection (f) of Homer City Code 13.24.040, Construction and installation--Gravity line, is amended to read as follows:

 

f.  A lot may be connected only to a sewer main that is directly adjacent to the lot. 

 

Section 3.  Subsection (g) of Homer City Code 13.24.040, Construction and installation--Gravity line, is enacted to read as follows, and the remaining subsections of Homer City Code 13.24.040 are re-lettered accordingly:

 

g.  Within the time provided in this subsection, a temporary connection shall be disconnected at the sewer main and replaced with a connection to a sewer main that is directly adjacent to the lot, at the expense of the lot owner.  Upon connecting to the directly adjacent sewer main, the lot shall bear a portion of the cost of constructing the directly adjacent sewer main on the same basis as other lots that receive access to sewer service through the construction.

1.  If there is no sewer main directly adjacent to the lot as of the effective date of this subsection, the temporary connection shall be replaced no later than one year after a sewer main directly adjacent to the lot is placed in service; provided that the replacement shall be made during construction of the directly adjacent sewer main when necessary to maintain sewer service to the lot. The city shall notify a lot owner of the owner’s obligations under this paragraph before commencing construction of the sewer main.

2.  If there is a sewer main directly adjacent to the lot as of the effective date of this subsection, the temporary connection shall be replaced no later than one year after the effective date of this subsection  The city shall notify a lot owner of the owner’s obligations under this paragraph within 60 days after the effective date of this subsection.

 

Section 4.  Homer City Code 13.28.010, Applicability, is amended to read as follows:

 

13.24.010 Applicability and definitions.  a.  This chapter is limited to:

1.  Water service installations;

2.  Water service meter installations; and

3. Backflow and cross-connection prevention.

b.  Definitions.  For the purposes of this chapter, the following words and phrases shall have the meanings set forth below:

“Directly adjacent”  A water main is directly adjacent to a lot when the water main is located in an easement or right-of-way that is adjacent to the lot, and either (i) the water main extends the entire length of the frontage of the lot along the easement or right-of-way; or (ii) the water main extends at least 10 feet into the easement or right-of-way adjacent to the lot, and the public works director has determined that at no time will the water main be extended to serve additional lots.

“Temporary connection” means a line that connects a lot to a water main that is not directly adjacent to the lot

 

Section 5.  Subsection (f) of Homer City Code 13.28.030, Water service construction and installation, is amended to read as follows:

f.  A lot may be connected only to a water main that is directly adjacent to the lot.    

 

Section 6.  Subsection (g) of Homer City Code 13.28.030, Water service construction and installation, is enacted to read as follows, and the remaining subsections of Homer City Code 13.28.030 are re-lettered accordingly:

 

g.  Within the time provided in this subsection, a temporary connection shall be disconnected at the water main and replaced with a connection to a water main that is directly adjacent to the lot, at the expense of the lot owner.  Upon connecting to the directly adjacent water main, the lot shall bear a portion of the cost of constructing the directly adjacent water main on the same basis as other lots that receive access to water service through the construction.

1.  If there is no water main directly adjacent to the lot as of the effective date of this subsection, the temporary connection shall be replaced no later than one year after a water main directly adjacent to the lot is placed in service; provided that the replacement shall be made during construction of the directly adjacent water main when necessary to maintain water service to the lot. The city shall notify a lot owner of the owner’s obligations under this paragraph before commencing construction of the water main.

2.  If there is a water main directly adjacent to the lot as of the effective date of this subsection, the temporary connection shall be replaced no later than one year after the effective date of this subsection  The city shall notify a lot owner of the owner’s obligations under this paragraph within 60 days after the effective date of this subsection.

 

Section 7. This ordinance is of a permanent and general character and shall be included in the City Code.

 

            ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA, this 12th day of October, 2009.

 

 

CITY OF HOMER

 

 

                                                                        _______________________________________

                                                                        DENNIS NOVAK, MAYOR PRO TEMPORE

ATTEST:


______________________________

JO JOHNSON, CMC, CITY CLERK

 

YES:

NO:

ABSTAIN:

ABSENT:

 

First Reading:

Public Hearing:

Second Reading:

Effective Date: 

 

Reviewed and approved as to form:

 

 

________________________                                    ____________________________

Walt E. Wrede, City Manager                                                Thomas F. Klinkner, City Attorney

 

Date: __________________                                      Date: _______________________