Administration CITY OF KENAI ORDINANCE NO. 2992-2017 AN
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CITY OF KENAI ORDINANCE NO. 2992-2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, WAIVING THE REQUIREMENTS OF KMC 17.20.010 - MANDATORY CONNECTIONS AND ABANDONMENT OF OLD ON-SITE SEWER SYSTEMS, FOR 2737 ILIAMNA ROAD. WHEREAS, the owner of 2737 lliamna Road , Mike Chivers, has approached the City to request the waiver of KMC 17.20.010- Mandatory Connections and Abandonment of Old On-Site Sewer Systems; and, WHEREAS, the sewer service at the four unit apartment building at 2737 lliamna Road failed; and, WHEREAS, attempts at locating the failure in the sewer line serving this property were unsuccessful; and, WHEREAS, because of the expense and timeliness of installing a sewer main and service line to serve this property, Mike Chivers has requested an exception to the requirements of KMC 17.20.01 O; and, WHEREAS , if the exception is granted, the owner of 2737 lliamna Road will continue to pay a monthly fee equal to the amount he would pay if his property was connected to the City sewer system; and , WHEREAS, this will offset the loss of revenue the City would have received through sewer payments meeting the intent of the code provisions being waived to help the City recoup the costs associated with maintaining sewer mains. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, as follows : Section 1.
Form: That this is a non-code ordinance.
Section 2.
The requirements of KMC 17.20.010 are hereby waived for 2737 lliamna Road.
Section 3. Mike Chivers will pay the City the monthly fee for sewer service and the City Manager is authorized to execute an agreement memorializing the same Section 4. 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.
Ordinance No. 2992-2017 Page 2 of 2 The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of January 2018.
BRIAN GABRIEL SR. , MAYOR ATTEST:
Jamie Heinz, City Clerk
Introduced: December 6, 2017 Enacted: January 3, 2018 Effective: February 2, 2018
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CITY OF KENAI ORDINANCE NO. 2992-2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, WAIVING THE REQUIREMENTS OF KMC 17.20.010 - MANDATORY CONNECTIONS AND ABANDONMENT OF OLD ON-SITE SEWER SYSTEMS, FOR 2737 ILIAMNA ROAD. WHEREAS, the owner of 2737 lliamna Road , Mike Chivers, has approached the City to request the waiver of KMC 17.20.010- Mandatory Connections and Abandonment of Old On-Site Sewer Systems; and, WHEREAS, the sewer service at the four unit apartment building at 2737 lliamna Road failed; and, WHEREAS, attempts at locating the failure in the sewer line serving this property were unsuccessful; and, WHEREAS, because of the expense and timeliness of installing a sewer main and service line to serve this property, Mike Chivers has requested an exception to the requirements of KMC 17.20.01 O; and, WHEREAS , if the exception is granted, the owner of 2737 lliamna Road will continue to pay a monthly fee equal to the amount he would pay if his property was connected to the City sewer system; and , WHEREAS, this will offset the loss of revenue the City would have received through sewer payments meeting the intent of the code provisions being waived to help the City recoup the costs associated with maintaining sewer mains. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, as follows : Section 1.
Form: That this is a non-code ordinance.
Section 2.
The requirements of KMC 17.20.010 are hereby waived for 2737 lliamna Road.
Section 3. Mike Chivers will pay the City the monthly fee for sewer service and the City Manager is authorized to execute an agreement memorializing the same Section 4. 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.
Ordinance No. 2992-2017 Page 2 of 2 The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of January 2018.
BRIAN GABRIEL SR. , MAYOR ATTEST:
Jamie Heinz, City Clerk
Introduced: December 6, 2017 Enacted: January 3, 2018 Effective: February 2, 2018
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