18.27.020 Exceptions to Assigned Utility Location in City Right-of-Ways.
(a) Whenever a utility company finds it unreasonable to place its utility within their assigned area for new line installations, relocation of existing line locations, or replacement of existing lines, a form entitled “Exception to Assigned Utility Location Within City of Kenai Right-of-Ways” needs to be submitted with their “Individual Project Application Permit for Excavations in or Adjacent to City Right-of-Ways.” The form shall be provided by the Public Works Department setting forth in a verified format the following:
(1) The name and address of the party doing the work.
(2) The name and address of the party for whom the work is being done.
(3) A complete explanation as to why the utility company is requesting the change from their assigned utility location in the City right-of-way.
(4) Additional plans, drawings, or sketches necessary to show where existing utilities are, problem areas such as rock, etc., and locations that the utility company is requesting to place their new utilities.
(5) An area of the form for comment to be signed and executed by the utility company which is normally assigned the area that the requesting utility company is asking to place their utility in. This area is to be completed and signed by all the affected utility companies prior to submission to the Public Works Director.
(b) Subject to appeals to the Council, the City Manager or his designee, has approval in granting an exception to the assigned utility location within the City right-of-way.
(c) No work shall be started until the utility company has met all the requirements of KMC 18.
(d) Request for exceptions that become necessary and evident during actual ongoing construction shall be deemed approved if not rejected or modified within four (4) normal working hours after being received by the Public Works Department. It is the utility company’s responsibility, after completing the form and turning it in to Public Works, to come back and pick up the exception form at City Hall within four (4) working hours.
(Ord. 863)