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HomeMy WebLinkAboutOrdinance No. 2815-2015CITY OF KENAI ORDINANCE NO. 2815 -2015 Suggested by: Mayor Porter AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUNSETTING THE LIBRARY COMMISSION AND REPEALING KENAI MUNICIPAL CODE CHAPTER 1.57 ENTITLED, "LIBRARY COMMISSION ". WHEREAS, the Library Commission was established in 1983 by Ordinance No. 852 -83 as an advisory commission; and, WHEREAS, the Commission has been instrumental in the planning and development of the Library and its upgrades; and, WHEREAS, due to a lack of agenda items or lack of a quorum, the Library Commission has cancelled several meetings since 2011; and, WHEREAS, as of October 2014 the Commission has had only three members and has been unable to constitute a quorum for a meeting; and, WHEREAS, the Friends of the Kenai Community Library, a 501(c)(3) nonprofit organization has expertise and experience in matters relating to the Library and is committed to raising funds to enhance learning, reading and programs that support the Kenai library; and, WHEREAS, the City Council has determined that it is no longer in the best interest of the City to have a Library Commission; and, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Section 1. Form: That this is a code ordinance. Section 2. Repealing Chanter 1.57 of the Kenai Municipal Code: That the City Sunset the Library Commission and Repeal Kenai Municipal Code, Chapter 1.57 - Library Commission, in its entirety as follows: [CHAPTER 1.57 - LIBRARY COMMISSION. 1.57.010 DUTIES AND POWERS. THE COMMISSION SHALL BE REQUIRED TO DO THE FOLLOWING: (A) DEVELOP, ADOPT, ALTER, OR REVISE SUBJECT TO APPROVAL BY THE CITY COUNCIL, A MASTER PLAN FOR THE PHYSICAL DEVELOPMENT OF LIBRARY FACILITIES FOR THE CITY; New Text Underlined; ]DELETED TEXT BRACKETED] Ordinance No. 2815 -2015 Page 2 of 2 (B) SUBMIT ANNUALLY TO THE CITY MANAGER AND COUNCIL A LIST OF RECOMMENDED CAPITAL AND OTHER IMPROVEMENTS IN REGARDS TO THE LIBRARY; (C) MAKE RECOMMENDATIONS REGARDING ANY MATTER RELATED TO LIBRARY SERVICE; (D) SERVE AS THE LIAISON BETWEEN THE PUBLIC AND THE CITY COUNCIL IN REGARDS TO LIBRARY SERVICE; (E) WORK CLOSELY WITH THE FRIENDS OF THE KENAI COMMUNITY LIBRARY FOR THE BETTERMENT OF THE KENAI COMMUNITY LIBRARY; (F) SHALL ACT IN AN ADVISORY CAPACITY IN THE SELECTION OF THE LIBRARY DIRECTOR. (ORDS. 852, 1161, 1802 -98, 2184 -2006) 1.57.020 LIBRARY REGULATIONS. THE LIBRARY REGULATIONS SHALL BE AS LISTED UNDER THE REGULATIONS SECTION IN THE KENAI CODE, SUPPLEMENT NO. 18, ADOPTED ON SEPTEMBER 20, 1982, AND ALL FUTURE UPDATES. (ORDS. 852, 1161, 1802 -98, 2184 - 2006)] Section 3. 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. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(1), this ordinance shall take effect 30 days after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of March, 2015. AT PORTER, MAYOR ATT Z v �` San ra odAy h, Ci Clerk Introduced: February 4, 2015 Adopted: March 4, 2015 Effective: April 4, 2015 New Tent Underlined; [DELETED TEXT / ''Villaye with a Past, C# with a Future' 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 \Z/ MEMORANDUM TO: Council Members FROM: Mayor Porter DATE: February 12, 2015 SUBJECT: Ordinance 2815 -2015 Substitute, Library Commission Ordinance 2815 -2015 Substitute, proposes to suspend the Library Commission rather than repeal it. I recommend this approach because it allows for the Commission to become active again more easily than if the entire Chapter referencing the Library Commission were to be repealed and does not necessitate repealing all other sections of code that reference the Commission. This approach also recognizes the contribution that the Commission made to the City when its resources were needed and that this need could well arise again in the future. In the meantime however, it is my recommendation that the Commission be deactivated until such time as the City can fruitfully utilize the time, energy, and resources that the Commissioners generously volunteer to the City. Your consideration is appreciated.