HOMER,
ALASKA
Wythe
ORDINANCE 09-57(S)
AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, EXEMPTING
LOTS DIRECTLY ADJACENT TO THE FAIRVIEW WATER MAIN EXTENSION AUTHORIZED BY
ORDINANCE 09-36(S) FROM HOMER CITY CODE 13.28.030(g) UNTIL TRANSFERRED TO A
DIFFERENT OWNER, AND PROVIDING FOR RELATED MATTERS.
WHEREAS, The following three (3)
lots:
1. Kenai Peninsula Borough Parcel
17709102, 385 E Fairview Avenue, Homer, AK, identified as Lot I in Ordinance
09-36(S), with owner of record Patricia A Melone; and
2. Kenai Peninsula Borough Parcel
17704029, 394 E Fairview Avenue, Homer, AK, identified as Lot C in Ordinance
09-36(S), with owner of record Barry M. Levit; and
3. Kenai Peninsula Borough Parcel
17704005,
currently receive water service through permitted
non-standard (spaghetti line) services; and
WHEREAS, Ordinance 09-36(S)
authorizes the development of a standard water main on East Fairview Avenue
between Svedlund Street and Kachemak Way, for the purposes of eliminating dead
end water mains which currently exist in the service area; and
WHEREAS, The Homer City Council adopted
Ordinance 09-45(S) to compel an owner of a lot that receives water or sewer
service through a “spaghetti line” service connection to replace the “spaghetti
line” connection with a connection to a main that is directly adjacent to the lot
within 12 months after the main becomes available; and
WHEREAS, Similarly situated
property owners in other areas of the community will have time to prepare
financially for the potential of a water/sewer main development by virtue of
advance notice of the adoption of Ordinance 09-45(S); and
WHEREAS, The owners of the three properties
described above had no advance notice of the potential of being required to
connect to the water main being constructed as the result of Ordinance 09-36(S),
which has placed an unanticipated financial burden upon these property owners.
NOW, THEREFORE, THE CITY OF
Section 1. The current record
owner of each of the parcels described above shall be exempt from the
requirement to connect to the water main being constructed in accordance with
Ordinance 09-36(S) until such time as the current water service should fail, or
until the parcel is transferred to a different owner.
Section 2. Should the
existing water service be destroyed during the construction of the new water
main, any such service shall be connected to the main line, with the property
owner paying only the standard connection fee and the construction assessment
continuing to be deferred as provided for in Section 1.
Section 3. City staff
shall provide written notification of the Homer City Code amendments enacted in
Ordinance 09-45(S) to all property owners currently served by “spaghetti line”
services including a letter of explanation and notification that the owner will
be required to connect to any future main which would provide service to the
affected property.
Section 4. City staff
shall research and ensure that the service agreements for all other “spaghetti
line” services have been properly recorded.
Section
5. This ordinance shall not be codified.
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 F. Klinkner,
City Attorney
Date: __________________ Date: __________________