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Home My WebLink About1971-12-15 Council PacketKenai City Council Meeting Packet December 15, 1971 A· A - 1 B· C· D. Eo Fo G· AGENDA REGULAR MEETING, KENAI CITY COUNCIL DECEMBER 15, 1971, 8'00 P.M. Page PLEDGE OF ALLEGIANCE ROLL CALL PUBLIC HEARING 1. Ordinance 205=71 - Sale of $2,000,000 - G.O. Bonds PERSONS PRESENT SCHEDULED TO BE HEARD' 1. John Davis - Request - Councilman Hornaday Not presen' MINUTES 1. Regular Meeting of December 1, 19.71· CORRESPONDENCE 1. · 3. 4. 5. 6. 7. REPORTS 1. City Manager's Report a. Things to do .list - 12/1/71 b. City has received amended water' use permit # 10 - Enclosed. c. Budg.et - Preliminary Time Schedule d. Kena~ Urban Section City Attorney's Report Mayor's Report City Clerk's Report Finance Director's Report Planning & Zoning's Report Borough Assemblymen's Report OLD BusINESS 1. Housing Project Kenaitze - H.U.D.. Project - Resolution No. 71-47 -_ 2. Recommendation - Industrial water Line . 3. Touche Ross & Co. - Audit Payment' Balance Sheet All funds $15,000 - Memo. 4. Police Chief Recommendation - Snow Machines 5. Review qf proposed fi.nancing - Public Safety Bldg. 2 2 3 3 None 3 4 4: 4 5 5,7,8, & 9 NEW BUSINESS 1. Resolution 71-48 - Establishing Depositories & · · 6. 7. 8. 9. 10. Authorized Signatures Gity Furnished Defense Lawyer Invest $200,000 Sale - K.C.L. Memo - Council.man James C. Hornaday- Resolution 71-49 - Removing penalties and- interest - -Special assessments Liquor license renewal -Casino Bar Urban Renewal - Old Kenai Request for payment - Don. Holman F.A.A. Housing - Wildwood Housing Grand Jury recommendation for Third Judicial 'D. istrict~ 7 Resignation, Borough Assemblyman, Robert Bieiefeld 7 PERSONS PRESENT NOT SCHEDULED TO BE HEARD' CITIZEN'S GRIEVANCES' AND REQUESTS' 1. None MINUTES, KENAI CITY COUNCIL REGULAR MEETING DECEMBER 15, 1971 8'00 P.M. - KENAI LIBRARY The Council gave the Pledge of Allegiance to the Flag. ROLL CALL' Members Present - Robert Bielefeld, James Doyle, James Hornaday, Hugh Malone, Tru McGrady, Robert Norene,. and Mayor John Steinb.eck. ~" Members.Absent - None With concensus of the Council, added to the Agenda' the following items were _ F-3 - Review of proposed financing - Public Safety Bldg. G-7 - Request for payment - Don Holman G-8 - FAA Housing - Wil'dwood Housing G-9 - Grand Jury recommendation for Third Judicial District G-10-. Resignation, Borough Assembl. ymen, Robert Bielefeld A· A - PUBLIC HEARING - Ordinance 205-~71 - Sale of $2,'000,000 G.O. Bonds The Clerk read Ordinance 205-'71 - Sale of $2,000,.000 G.O. Bonds. The Mayor recessed the meeting and opened the meeting for a public hearing on Ordinance 205-71. There was no public participation and the Public hearing was closed and brought back to Council table. Doyle moved and Bielefeld seconded to adopt Ordinance 205-71 - an Ordinance of the City of Kenai, Alaska, providing for' the issuance and-sale of $2,000,000 of General Purpose, General Obligation Bonds ..... of the City of Kenai for the purpose of providing funds, to design, · plan, acquire, construct, install' and equip a Civic Center Complex; additions and improvements to the water system; additions and improvements to the sewer system; additions and improvements to the MUnicipal Airport.and additional Park & Recreation facilities and fixin'g the date, form, terms, and maturities of' such bonds. The motion carried 6-1. Voting yes' Bielefeld, Doyle, Hornaday, McGrady, Norene, and Steinbeck. Voting no' Malone. B· PERSONS PRESENT SCHEDULED TO BE HEARD B john Davis - Request - Councilman Hornaday _ Not present. MINUT'ES, KENAI CITY COUNCIL MEETING OF DECEMBER 15, 19 71 Page two C' MINUTES D· E· (b) Cc) Cd)' Ce) · were The minutes of the regular meeting-of December.l, approved as distributed. CORRESPONDENCE 1971 None. REPORTS City bfanager's Report Things To Do List - 12/1/71 The City Manager reported the things to do list was accomplished with the exception of G-3 - Pursue acqui- sition of Mommsen & Bush Lanes Subdivision's Water & Sewer Distribution System, which is in progress. City has received amended Water Use Permit #10 Enc 1 o's.e'd .' ......................... The City has received an amended Water Use Permit for the taking of water above Soldotna. Budget - Preliminary Time Schedule The budget preliminary time schedule will be mailed to the Council tomorrow. Kenai Urban Section The City received a letter from. Jack Spake of the Department of the Highways stating the acces.s, requested by Kenai Korners, from the Spur Highway to Kenai Korners is nOt justified. Taxi Cab Ordinance Mr. Glotfelty reported violations from both cab. companies and the ordinance will be rigidly enforced 'from here on out. ~INU~ES, KENAI CITY COUNCIL MEETING OF DECEMBER 15, 19 71 Page Three' FAA Hous'ing - Wildwood Housing - Agenda Item G-8 The City will acquire the FAA housing area. They have dec'lared 5 houses excess but may keep two for emergency use. Mr. Glotfelty met with FAA personnel yesterday in Anchorage on the pre-construction meeting - Public Safety Building. Mr. Glotfelty feels the City should form a port authority to manage both the airport and the port. It would be a_separate entity, controlled by Council and could'bond independently. · The Counc.il felt this bears looking into and directed the City Manager to ..gather information and set up a work session with CO, uncil. City Attorney's Repo!~t Mr. Fisher requested .the rate increase case by C.U.L. be dismissed due to lack of further information to P.U.C. He did not request de-certification at this time, but if the case is not dismissed, he will'. On Agenda Item G-2 -!'~City'. Furnished Defense Lawyer ' he reported to date of no .request for a City furnished defense lawyer. There is a ~eed to get the financial statement ready and place this with municipal-court clerk. Mr. Fisher spoke on clhanging the penalties for certain offenses.. The Council felt they should sit tight on changing the penalties' Mayor ' s Report Mr. Steinbeck stated he would have his report on the Pacific Asian Conference of Municipalitie's for the next meeting. E - 4' _City,. Cl.e rk' ,s ,,Repo rt- No report. · Finance Director's Report Mr. Whelan reported the IBM people have been notified. of a 90 day delivery of the System 3 'Computer. MINUTES, B - 6 E - 7 F· F - KENAI CITY COUNCIL MEETING OF DECEMBER 15, 1971 Page Four Planning & Zoning's R~p..o'r_t The Council has copies of the new-release Mr. Fisher p'repared on trailers as a result of the last Planning and Zoning meeting. Borough Assemblymen's Report Malone reported on the Borough Assembly meeting as of De'cember 7, 1971 at the Borough Building in Soldotna. Mr. Tom Overland of Seldovia was seated on the As s emb ly. The Assembly bald a public hearing on Ordinance 71-26 - Abstention of Assemblymen to voting. It was substantially changed. The Assembly passed an Ordinance providing for a suppl.emental appropriation of $63,545 -. Emergency Employment Act to finance a teachers aid and fireman. An Ordinance providing for a supplemental appropriation of $30 3,000 for local roads and trails. The .audit report for the Borough was turned in. There will be a hearing in Kenai January 4, 1972 re- garding open burning prohibited unless by permit. The Masonic Lodge Tax Exemptions was deni.ed without penalty and interest. The Assembly passed a resolution on the road through the Katmai National Monument. OLD .BUSINESS Housing Pr.oject Kenaitze,.,, .............. H.U.D. Pro.ject - Resolution 71-47 After much' discussion, the vote on the reconsideration of accepting Resolution 71-46 carried with Malone dissenting. Hornaday'moved and Bielefeld seconded to take this into consideration at the meeting with the Kenaitze Indians. The motion carried with Malone dissenting. The meeting with the Kenaitze Indians is so. on as possible. to be heId as MINUTES, KENAI CITY COUNCIL MEETING OF DECEMBER 1-5, 1971 Page Five F - 2 Recommendation - Industrial Water Line 'The Administration recommends Galliet Jr. & Assoc. for the the Industrial Wat'er Line. the hiring of Harold feasibility study for Bielefeld moved and Norene seconded to adopt Resolution 71-.51 giving the City Administration authority to enter into an agreement with Harold Galliet Jr. &_Assoc. for the feasibility study- of t-he Industrial Water Line which is par.t of the City's Capital Improvement Program in the amount not to exceed $45,000. The motion carried by roll call vote with Malone abstaining. Touche Ross & Co., Audit Payment Balance Sheet - Funds '~$15,000 - Memo All Norene moved and Doyle seconded to accept Resolution delinating-the scope of examination of the financial statements of the City of Kenai as of June 30, 1971. AFter much discussion, the motion carr.~ed with Doyle and Hornaday dissenting. F - 4 Police Chief 'Recommendation - Snow Machines It was the concensus of the Council that the probl'em is of enforcement. F - $ Review of Proposed Financing - Public Safety Building $450,000 from the Bond Issue 323,000 from FAA Grant 100,000 from surplus from Airport-Capital Project. Improvements G. NEW BUS'INESS -' '1 Resolution 71 '48 -. Estab.lishing Depositories and Aut'h0ri-z e'd' ' s'i gnatures Bielefeld moved and Malone seconded to adopt Resolution · "an officer of the Citx is. one 71-48 amended to read, of the signatures." The motion carried unanimously by roll cai1 vote. · 'MINUTES, G - 2 'G - 3 C. - 4 G - 5 G - 6 G - 7 KENAI CITY COUNCIL MEETING OF DECEMBER 15, 197'1 Page S ix City Furnished Defense Lawyer Taken up under Agenda Item E-2. Invest $200,000 Sale- K.C.L. Memo - Councilman James C. Ho rnadaX It was the concensus of the Council to wait until February when the final balance sheets are in before making any recommendations. Resolution 71-49 - Special Assessments , . Removing Penalties and Interests Malone moved and Bielefeld seconded to adopt 71-49 as amended striking the last paragraph. Resolution Hornaday moved and Malone seconded to table the motion. The motion carried by roll call vote with Bielefeld dissenting. · Liquor License Renewal - Casino... Bar., This application was sent to the Borough and forwarded. t'o the City. It was the concensus of the Council to send it back. The Casino Bar's application is covered in a blanket approval. '" Urban Renewal - Old Kenai After much discuss.ion, the Council wants recommendation of Planning and Zoning. to get the Payments to Don Holman The City received two requests for payment from Preston, Thorgrimson, Starin, Ellis and Holl.man. One for $7,548..84 Bond Attorney fe.es for the .sale of K.C.L' to H.E'A. and one for the sale of $1,000,000 in General Purpo.se, Gener.al Obligation Bonds in the amount of $2,551.37. Malone· moved and DoYle seconded for the City to pay the Bond Counsel the amount due, $10,100.31 on Bond Sale and the sale of K.C.L. and back. bill H..E.A. $7,548.84. The motion 'carried unanimously by roll call vote.. MINUTES, KENAI CITY COUNCIL MEETING OF DECE~fBER 15, 1971 Page Seven G - 8 FAA Housing - Wildwood Housing G - 9 Taken up under Agenda Item £-1. Grand Jury Recommendation for Third Judicial' District The Grand Jury reports difficulty in relaying emergency messages because of lack of adequate communications. The City ~4anager s'tated that the Public Safety Building will have adequate communication systems with a 24 hour di.s- patch. These services could be made available a per- centage of the cost. - 10 Resignation, Borough Assemblymen - Robert Bielefeld Mr. Bielefeld ~vill be out of the State for the month of January and would like to be excused from Council .meetings and res 5. gn from the BO rough Assembly. Hornaday moved and Malone seconded to excuse Robert B ielefeld from Council during the month of January and accept h'is resignat-ion, with regret, from the Borough Assembly. The motion carried unanimously. Malone moved and Hornaday seconded that the Kenai City Council send Councilman Norene to be the new Assemblymen. The mot-ion carried un an -i mo u s ly with Norene dissent-ing. Malone moved for reconsideration for Resolution 71-50. After much discussi~on and because of the late hour, Mayor recessed the meeting until noon,. December 16, in the City Manager's office. the 1971 Meeting recessed at 11'45 P.M. %~INUTES, KENAI CITY COUNCIL REGULAR MEETING - DECEMBER 16, 1971 RECESSED FROM 12/15/71 12'00 NOON -. CITY blANAGER'S OFFICE Page eight ROLL CALL' The Mayor brought the meeting back to order. Members Present - Robert Bielefeld,-James Hornaday, H'Ugh ..... ~Ma'ione, Tfu McGrady, Robert Norene, and Mayor John Steinbeck. blembers Absent -, James Doyle. The motion on the floor is reconsideration of Resolution 71-50. Malone moved and Hornaday seconded to rescind Resolution 71-..'50. The motion c~arried with Bielefeld dissenting. Malone moved and Bie!efeld seconded to direct the City Manager to negotiate with Touche Ross & Co. for a limited fee engagement to cover the balance sheets to June 30, 1971, balance sheets to December 31, 1971 and balance sheets and f~nancial statements, with fixed assets, for June 30, 1972 and report back to Council as soon as possible. The motion car.ried unanimously by roll call vote. ~ The Mayor recessed thb meeting until Tuesday, December 21, 19 71, at 8'00 p.m. in the City Manager's office. 'MINUTES KENAI CITY COUNCIL REGULAR MEETING - DECEMBER 21, 1971 RECESSED FROM 12/16/71 8'00 P.M. - CITY MANAGER'S OFFICE Page nine ROLL CALL The Mayor called the meeting back to order. Mem'bers present - James Doyle, James Hornaday, Hugh ~l-~lone, Tru McGrady, and Mayor Ste/nbeck. Members absent - Robert Bielefeld and Robert Norene Hornaday moved and Malone sec.onded the Council extend an invitation to the Local Boundary Commission to a meeting in the City of Kenai, with the Kenai City Council and representatives of North Kenai and indicate we will not attend a joint meeting of Kenai City Council, Kenai Peninsula Borough Assembly and the Local Boundary Commission. The motion carried unanimously. There was a fire call and Councilman Coyle and McGrady left. · The City Manager recommends engagement of Touche Ross and Co. for annual audits as outlined in their letter of December 17, 1971. Malone moved and Hornaday seconded to accept the recommendation of Administration and engage Touche Ross and Co. for annual audits as outlined in their letter of December 17, 1971 and to poll the rest of C'ouncil tomorrow, December 22, 1971. The Councilmen herb were polled. yes; Hornaday, yes and Steinbeck, The results' yes. The Mayor recessed the meeting until the polling of the remaindeg of Council is completed. December 22, 1971 The remainder of the Council was polled and the results are: Bielefeld~ yes; Doyle, yes, McGrady, yes and Norene, yes. The motion carried unanimously. -~ · The meeting was adjourned at 10'00 A.M. Respec tfully~.~,~it ted, ~.S-~~~r ~-n~~t~r -i~~~ City Clerk THIN(S TO DO LIST 12/15/71 E _ 1 (c) E - 1 F - 1 G - 1 G - 6 G- 7 G - 9 G ~ 10 Distribute the budget Preliminary time schedule Gather data on port authority Take Resolution 71-46 & 71-47 into consid- ' eration at meeting with Kenaitze Indians' Amend Resolution 71-48 "an officer of the city is to be one of the signatures." Urban Renewal - Old Kenai to Planning and Zoning. Pay Preston, Thorgrimson, Starin, Ellis & Hollman- $10,100.31 and back bill H.E.A. $7,548.84. Letter to Grand Jury regarding communication system in new Public Safety Building. Letter to Borough Assembly regarding appoint- ment of Robert Norene as Borough Assemblyman. CITY OF KENAI, ALASKA ORDI~[ANCE NO. 205-71 AN OPi} I'~ '~ _ '_..i.-:~CE OF q'~.?r CITY OF ¥~NAI, ALASKA, PROVIDING FOR THE ISSUANCE AND SALE OF $2,000,000 n~' ~ .... RAL UR~nc~ GENE~L ........ t~.:~.~ E P., ....... , O~LIGA~Pin''~ ~n':~s O~ ruNE CITY OF KENAI FOR T[iE PURPOSE OF PROVIDI[:G FUI:DS TO DESIGN, EQUIP A CIVIC CENTER CO~?LEX, ADDITIONS AND..!~'~nO~n'{ET~TS...~ ~, -. ,~.~. TO T!IE ~'}ATER SYSTEH, ~DimIONS Al.iD I;~.PROVEiiE'NTS TO THE SEWER SYSTE2{, ADDITIONS AND IP{PROVE~IENTS TO THE MUNICIPAL AI~nORT .... ~ ~D!TION~ PARK t~CREATION FACILITIES; AI~D PIXING THE DATE, FO~4, TEPI'!S AND }RTURITIES OF SUCH BONDS. , WHEP~EAS, at a s.Decial election held 'in the City of Kenai, Alaska, on May 25, 1971, pursuant to Resolution No. 71-12, adopted May 5, 1971, the. provisions of the Charter of the City of Kenai and' other .proceedings duly and regularly taken,- the qualified voters of the City authorized the issuance of general obligation bonds of the City in the following amounts for the following purposes: 1. $800,000 to plan, acquire, insta.!l and equip a civic center complex for the City inCluding an auditorium convention center, a library health center, conference rooms, kitchen and swimming pool, together with all necessary utility and appurtenances; 2. $1,421,282 to plan, acquire, construct and install certain capital improvements to the water supply and distribution of the City, including a 21" trunk line from the Kenai River above Eagle Rock to the industrial complex north of the City, a second artesian well, an elevated storage facility, a trans- mission line from the City to Wildwood Air Force Station, imnrovements necessary to loop a maj~or portion of t~he water supply and distribution system and addi- tional laterals in areas of the City not now served; 3. $350,000 to plan, acquire, construct and. install · ca.~ital imDrove~ents to the sanitarv sewer system of -- the City, includin¢3 a west interceptor line 'and lift _ station in the .!.~ommsen area, an east interceptor line, an airport interceptor line, a new primary and secon- dary treatment plant and additional laterals to serve areas of the City not now served~ 4. $526,587 to plan, acquire and construct a cargo ramp, general aviation terminal and'access road improvements to the Kenai Municipal Airport; 5. $79,682 to plan, acquire, construct and install additional pa. rklands and facilities, a new rifle range and oval track, and to fence and screen the existing parklands from the municipal cemetery; and WHEREAS, the City has issued a total of $1,000,000 of such authorized bonds under date of August 1, 1971 to provide the following am. ounts for the following purposes: PURPOSE .- A~.[OU~;T Civic Center 'Complex . $ 40,000 Water Sys tern 100 , 000 Sewer System 100,000 Kenai Airport 35,000 Park and Recreation Facilities 35,000; and - 2 - ~tEREAS, it is necessary that the date, form, terms and maturities of such bonds be now fixed; , NOW, TIIEREFORE, BE IT ORD~.I~"~ED BY T.~IE COL~CIL OF TttE CITY OF KEi;AI, ALASKA: Section 1. That for the Duroose to design, plan, ...~.. ~.~.c~quire, construct, install and ec'uiD a civic center complex, additions and improvements to the water system, additions and improvements ~to the sewer system, additions and improvements to the municipal airport and additional park and recreational facilities, the City shall issue and sell its general purpose general obligation bonds in the aggregate principal amount of $2,000,000 out of the $4,000,000 of bonds authorized by the qualified voters of the City at the special election held therein on May 25, 1971, pursuant to Resolution No. 71-12 adopted May 5, 19 71. Said $2,000,000 of bonds shall be sold as one' issue, but the funds derived therefrom shall be allocated as follows: 1. $750,000 to plan, acquire, install and equip a civic center complex for the Ci.t? including an auditorium convention center, a library~ health center, conference rooms, kitchen and swimming pool, together with all necessary utilities and appurtenances; 2. $470,000 to plan, acquire, construct and install certain capital improvements 'to the water · supply and distribution of the City, including a 21" trunk line from the Kenai River above Eagle Rock to the industrial complex north of the City, a second artesian well, an elevated storage facility, a trans- · mission line from the City to Wildwood Air Force - 3 - Station, improvements necessary to loop a major portion of the water supply and distribution system and additional laterals in areas of the City not now -- served; 3. $250,000 to plan, acquire, construct and install canitai im~rovements to the sanitary sewer system of the City, including a v~est interceptor line and lift station in the Mom3nsen area, an east interceptor line, an airDort interceptor line, a new primary and secondary treatment plant and additional laterals to serve areas of the City not now served. 4. $485,318 to plan, acquire and construct a · cargo ramp, general aviation terminal and access road improvements to the Kenai Municipal Airport; and 5. $44,682 to plan, acquire, construct and install additional parklands and facilities, a new rifle range and oval track, and to fence and screen the existing parklands from the municipal cemetery. The cost of issuance, sale and delivery of the bonds shall be allocated in the same proportion or .ratio. Said $2,000,000 of bonds shall be. dated January 1, 19 72, Shall be in the denomination o.f $5,000 each, shall bear interest at the following rates payable July i, 1972 and semi- annually thereafter on the first days of January and July, and shall be numbered and mature in order of their number, on the first day of January as follows: -- 4 -- Bond Nos. MaturitY_Year, Amount Interest Rate 1-12 1974 $ 60,000 6.20% 13-25 1975 65,000 6.20% 26-39 1976 70,000 6.20% 40-53 1977 70,000 6.20% 54-68 1978 75,000 6.20% 69-84 1979 80,000 6.20% 85-101 1980 85,000 6', 20% 102-119 1921 90,000 6.20% 120--138 1982 95,000 6.25% 139-158 !9C3 100,000 5.60% 159-179 1984 105,000 5.75% 180-201 19 85 110,000 5.90% 202-225 1986 120,000 6.00% 226-250 1987 125,000 6.10% 251-277 1988 135,000 6.20% 278-305 1989 140 , 000 6.25% 306-335 1990 150,000 6.25% 336-367 1991 160,000 6.25% 368-400 1992 165,000 6.25% Both principal of and interest on said bonds shall · be payable in lawful money of the United States of America at the Kenai Branch of National Bank of Alaska, Kenai, Alaska, or at the option of the holder, at Seattle Trust & Savings Bank, Seattle, Washington, or. Chemical Bank, New York, New York. The City hereby reserves the right to redeem any or Section 2. all of the outstanding bonds of this series in inverse numerical order at the following'times and at the following redemption prices, expressed as a percentage of principal amount plus accrued interest to the date of redemption: RedemPtion .-Date January 1 and July 1, 1982 January 1 and July 1, 1983 January 1 and July 1, 1984 January 1 and July I, 1985 January 1, 1986 and any interest payment date thereafter Redemption Price 104 103 102 101 100 Notice of any intended redemption shall be given by one publication thereof not less than 30 nor more than 45 days - 5 - prior to the redemption date in The Bond Buyer, New York, New York, or any successor financial journal of national circulation, i.n The Daily Journal of Com.~merce, Seattle, Washington, or its successor, if any, and in a newsma._~er of general circulation in Anchorage, Alaska. Interest on any Bond or Bonds so called for redemption shall cease on such redemption date unless the same are not redeem, ed u,~on presentation made pursu-ant to such call. In addition to such Dub!ication, the City shall also mail no. tice of such intended redemDtion to Standard & Poor's Corporation and ~4oody's Investor's Service,.Inc., New York, New York, or to their successors, if any. The mailing of such notice shall not, however, be a condition precedent to the call of any Bonds for redemption. Secjt.i.o.n 3. Said bonds shall be known as "City of Kenai Alaska General Purpose General Obligation Bonds, First Series 1972," and shall be in substantially the'following form: UNITED STATES OF AMERICA NO. $5 , 000 STATE OF ALASKA CITY OF KENAI GENERAL PUP~DOSE GENERAL OBLIGATION BOND FIRST SERIES 19 72 KNOW ALL MEN BY THESE PRESENTS: That the City of Kenai, a municipal corporation of the State of Alaska, hereby acknowledges itself to owe, and for value received promises to pay to bearer on the first day of January, 19 the principal sum of $5,000, together with interest thereon at the rate of percent per annum, payable'July 1, 1972 and-semiannually thereafter -- 6 -- . on the first days of January and July, upon presentation and surrender of the attached interest cou~oons as they severally become due~ Both Drin¢iDal of and interest on this bond are pa};able in la~.,;ful money of the United States of America at the Kenai Branch of National. Bank of Alaska, Kenai, Alaska, or at the ontion of the holder, at Seattle Trust & Savings Bank, Seattle, Washington, or Chemical Bank, New York, New York. The City has reserved the right to redeem any or all of the outstanding bonds of this series in inverse , numerical order at the following times and at the following principal amount plus accrued interest to the date of redemption: Redemption Date Redemption Pri ce January 1 and July 1, 1982 January 1 and July 1, 1983 January 1 and July 1, 1984 January 1 and July 1, 1985 January 1, 1986 and any interest payment .date thereafter 104 103 102 101 100 Notice of an? intended redemption shall be given by one publication 'thereof not less than 30 nor more than 45 days prior to the redemption date in The Bond Buyer, New · York, New York, or any successor financial journal of national circulation, in The Daily Journal of Commerce, Seattle, Washington, or. its successor, if any, and in a newspaper of general circulation in Anchorage, Alaska. Interest on any Bond or Bonds so called for' redemption shall cease on such redemption date unless the same are not redeemed upon presentation made pursuant to such call. In addition to such publication, the City shall also mail - 7 - notice of such intended redemption to Standard & Poor's Corporation and ~,'~oody's Investor's Service., Inc., New. York, New York., or to their successors, if any. The mailing of such notice shall not, however, be a condition precedent to. the call of any Bonds for redemption. This bond is one of a series of $2,000,000 of bonds of like amount, date and tenor, except its number, rate of interest and date of maturity, and is issued for various capital purposes pursuant to the statutes o'f the State of Alaska, the Charter of the city of Kenai, a vote of the qualified electors of the City and' duly adopted re- solutions and ordinances of the City. This bond and the bonds of the series of which this bond is one are payable out of the fund created by Ordinance No. 205 71 of the City entitled "Kenai First Series 1972 General Purpose General Obligation Bond Redemption Fund'." The City has irrevocably covenanted that it will levy and collect taxes annually upon all the taxable property within the City,. without limitation as to rate or amount, and in amounts sufficient, with other available funds, to pay the principal of and interest on said bonds as the .same shall become due. For the annual levy and collection of .such taxes and the prompt payment of such principal and interest, the full faith, credit and resources of the City of Kenai, Alaska are hereby irrevocably pledged. It is hereby certified and declared that all acts, conditions and things required by the Constitution and laws of the State of Alaska and the Charter, ordinances and resolutions of the City to be done precedent to and in - 8- the issuance of this bond have happened, been done and performed, and that the total indebtedneSs_ of the City, including this bond and the bonds of this series does not exceed any constitutional, statutory or charter debt limitation. IN WIT~.~ESS ~21EREOF, the City of Kenai, Alaska has caused this bond to. be signed by its ~.~ayor, to be attested with the facsimile signature of its Clerk, the official seal of the City to be impressed hereon, and the interest coupons attached hereto to be signed with the facsimile signatures of said officials this first day of January, 1972. CITY OF KENAI, ALASKA By Mayor ATTEST: ~itY Clerk The interest coupons attached to said' bonds will be in substantially the following form: NO. $ On the fi rst day of , 19 , the City of Kenai, Alaska, will pay to bearer at the Kenai Branch of National Bank of Alaska, Kenai, Alaska, or at the op6ion of the holder at Seattle Trust & Savings Bank, Seattle, Washington, or Chemical Bank, New York, New York, the amount shown hereon in lawful money of the United States of America, said sum being the semiannual interest due that date on its General Purpose General Obligation - 9 - Bond, First Series 1972, dated January 1, 1972, and numbered CITY OF KEI~AI, ALASKA By Mayor ATTEST: ~ity Clerk Section 4. The bonds shall be signed on behalf of the City by its Mayor, shall be attested with. the facsimile signature of its Clerk, and shall have the corporate seal of the City impressed thereon. Each of the interest coupons attached thereto shall be signed with the facsimile signatures of said officials. Section 5. The proceeds of the sale of the bonds (except for accrued interest, if any, which shall be paid into the bond redemotion fund hereinafter created) shall be used o. solely for the purposes set forth in Section 1.of this ordinance. Section 6. There is hereby created a soecial fund of the City, to be known as the "Kenai First Series 1972 General Purpose General Obligation Bond Redemption Fund" .(hereinafter called the "bond redemotion fund"), which 'fund shall be drawn upon for the sole purpose of paying the principal of and interest on the ~bonds of this series as the same shall become due and payable. The City hereby irrevocably covenants that it will make annual levies of ad valorem taxes upon all the taxable property wi thin the City Without limitation as to rate or - 10 - amount, and in amounts sufficient, with other monies of the City legally available therefor and paid into such fund, to pay the principal of and interest on the bonds of this series as the same shall become due. The full faith, credit and resources of the City are hereby irrevocably pledged for the annual levy and collection of such taxes, and for the prompt payment of such principal and interest. Section 7. The sale of the bonds to Foster & Marshall Inc., Seattle, Washington and Franklin National Bank, New York, New York and Associates under the terms, conditions, covenants and interest rates set forth herein, at par' plus accrued in- terest, is hereby in all respects ratified and confirmed. PASSED by the Council of the City of Kenai, Alaska and approved by its Mayor at a regular meeting of said Council held on the 15th day of December, 19.71, after notice thereof .given as provided by law. CITY OF KENAI, ALASKA ATTEST: ~ Mayor City Clerk APPROVED: City Attorney - 11 - FIRST READING: PASSED: day of December, 19 71. 'da-~--~ December, 1971. I, SHARON STERLING, the duly aD~ointed and aualified acting City Clerk of the City of Kenai, Alaska, DO }~REBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 205-71 of said City, duly passed by .its Council and approved by its Mayor at a regular meeting of said Council held on the 15th day of December, 1971, after notice thereof given, as provi¢ted by law. SHARON STERLING' Acting City Clerk F' 1 Cancel Lease - Conright's Furniture Done F_ F_ F_ G_ G_ G_ G Payment to Block): Rutherford & ~'oifer $720.~ Payment to Corthell, Assoc. $1,527.50 Wince & Pay~nent to Cook Inlet Const. Co. $I~,407.09 Write Resolution 71-46 Housing ?rOject Low Cos t Pursue acquisition of Mommsen & Bush Lanes D/D's Water & Sewer Distribution Systems. Payment to Ken Sto.ck - $1,824.50 Arrange fOr sale of surplus equipment at auction sale. D°ne Done Done Done In Progress Do-ne Done TO ' Honorable Mayor and City Council, All- Department Heads and Commissions FROM · Edwin }!. Glotfelty, City Manager DATE · December 13, 1971 SUBJECT · BUDGET 1972-73, PRELIMINAR'Y TIME SCHEDULE In order to facilitate the preparation of the 1972-73 Bud,'et and to e~tablish maximum deadlines, I have set the following "Budget Benchmarks" and allocated certain blocks of time to accomplish these purposes. The schedule is as follows: DEADLINE TIME B.LOCK Fri., 14 Jan.,. 72 FINAL IMPUT DATE Variable During' the week ending 21 January, 1972, the initial pre-planning for the 72-73 budget will be done. Ail basic changes in philosophy, changes in format, guide lines or other general basic data should be in the City 'Manager's office. Wed.,. 19 Jan., 72 . INITIAL DEPT. HEADS PLANNING CONF. 2 hours Fri., 21 Jan., 72_ BUDGET DESIGN CRITERIA 2 days By this date, the City Manag.er will establish the guide lines for the'instructions, forms, dollar levels, format, m-ill rate target, support information,-budget type and all other budget, imput data. Experience, imput from the .Council, Commissions, and Dept. heads and physical limitation will dictate the form and conten, t of the preliminary and final budget. Fri., 28 Jan.~ _72 BUDGET .DESIGN 5 days The. final work sheets and information sheets, needed by the Dept. Heads, will be completed for review by the City Manager. Fri., 4 Feb., 72 .On Monday, the. Dept.. heads Will Friday, 4 February, be resolved. FINAL PLANNING S days 31 January, 19 72, the City Manager and review all .of the forms and data. By 19.72,'all objections and sug'gestions will Speediset (~) Moore Business Forms, Inc. Page -2'- Fri., 11 Feb., 72 PRINT DOCUMENTS 5 days Mort., 14 Feb., 72 DISTRIBUTION the users. All necessary information must be in the hands of _ Fri., 10 5Iar., 72 DEPT. }lEADS IMPUT 20 days Dur'ng these 20 working days, the Dept. heads will complete their budget in the prescribed format with all . supportin, g docu~nentation. Ail budgets will be in.by 10 March, 1972. - ~ vo FINANCE DEPT. SUMMARY 15 days Fri., / Apr-il, ,..-. The Finance Dept. will summarize and analyze all budgets. They will bring them together for over-all totals, prepare the' revenue estimates and all other support documen- tation. This will be "working budget, draft #1." Fri., 21 April, 72 ADMINISTRATIVE REVIEW 10 days The City Manager will meet with each Dept. head once so that the Dept. head can support his budget orally and possibly twice to review any administrative changes. Fri., 28 April, 72 FINANCE DEPT. RE-WORK 5 days Any administrative changes must be incorporated into the "working budget, draft #2." By the 28th, the Council must have a copy of draft #2 with the City blanager's comments. Fri., 5 May, 72 o LEGISLATIVE REVIEW 5 days During this period, the Administration and the Council will review each program in detail to de.termine the effect on the. community and to insure that the budget im- plements the policies and needs of the Council. Fri., 12 May, 72 FINAL DRAFT 5 days All changes made by Council must be worked into final draft and it-must be printed. the Wed., 17 May, 72 PRESENTATION None ,, . d The budget will be presented, without a... option ,. _ at th'is Council meeting, advertising, etc., must be done by this ~.ednes day. Page -3- Wed , 24 ~'~av 77 PUBLIC HEARING None The budget is presented to the community. Wed , 7 J~ne, 7 ~ . ,- ADOPTION this The budget should be adopted, Council meeting. by resolution, at Admittedly, the above is quite lengthy when put into writing. However,. it ties down the steps and establishes the necessary deadlines. If you have any suggestions, I would need them by 14 January, 1.972. E-dwin H. Glotfelty City Manager . i i i _i /£7.Z- 7.~ ._ 1972 su~ dl UON 9'i 10~ JkNUARY ~T~E~ ..... v~O , 4:C 5 11 12 FEBRUARY THUR$ FRI 17 18i ..~ .......... }S-i .... ';072 MARCH sun lION TUES WED THU R..~ ~U~RiL [ 16l 17 18 C 191 20 ' 21i ~ / t ...... t.:: .... MAY SUN M'0N I , ~, ~i~ 31 ~i 5i ~ · .I . ..... 14 15[ 16F:C' .:17 18 19 20 ~-2~" 221 23 24 25 26 27 28 ~ 30 '31 . ~ ,, . dUNE SUN MON TUES V~'ED THURS FRI SAT 1. 2 3 - 41 5 6 ~ 7 8'I 9 10 .. · 18 19 20 C. 21 22 23 24 fmtl~r's --' 25 ' 26 27 28 m~ 30 ........ Twa-o-Tear plannin~ G~ide JULY ~ MON 'rUESWED THURS F'RI SAT I 2 · 3~.. 4 5 .6 7 · . '-- 'S 9 - ]0- :1! ]2 ]3 ]4 · , Is ]6 'i7:" . ,. · '-. 22,, 23' '24 25 · 29 · · .... · · '. . AUGU~'r ~ MON TUESWEO THURS FRt SAT I ~ .2 3' 4 5 -'- 6 ' 7 ' 8 9' lO "ii 12 · . .. 13 ]4 15 C ]6 ]7 18 " ]9 ~ "20 ' 21 .... ~ m ' ~ ' 24'25 26 · 27 28~ --29.. 30 31 NOVEMBER ....... C.l 2 3 4 . 5 6 .... 7" 8 9 .lO 11' ., -- ']2 ']3 14 c.. ]5 ~6 . ]7 ~]9 201 21 22r 2~ '2"4 - 2~ .. · · ._ , ........... SEPTEMBER SUN MON TUE$ WED THUR$ FRI SAT 3i 4 5 .c_.. 6 7 8 9 . : ~0 m m il ]2 13 14j 15' -16, , · i ," i7[ 181 19 C:' 20' 21i 22 '2~':, . DECEMBER ~ ~ TU~$ ~ THUI~ FRI SAT 17 18 19 · ~ 20 21 i 22~ 23' '24/31.1 25i · 26 27 281" 29. 1972 · · : . ~ WIkT. IAM A. EGAN, Governor t' I)ece~'~ber 1!], ti)71 DIVISION OF LANDS 323 E. 4Tt-I AVENUE ANCHORAGE 99501 Re' ?;'ater ilse t~orr~"it Gentlemen' Enclosed is Amended h~ater Use Per~':it No. !0 covering development a water so~:rce within Government Lot ~ Section 32, T 5N R ~ · Seward ;-.leridian. . After you have completed, installation of the structures and equipment required to effect tski~g of the water, l~ave been taking water and have deterI':',ined the daily usage, please notify this office of the quantity used. L'e will then proceed with issuance of a certificate of appropriation which will supersede this permit. Sincerely, '"~' ~": Director F.. J. KEr;.~.,.~, Divisio/B_.of Lands By' Dea~ . Naf~n, Chief Water Resources Section Enclosure I 0'~I08 (263) Rev. 7/71 PERMIT NO. lo ,~\;,i}!!,;.i~}-<~ STATE OF ALASKA DEPARTHENT OF NATURAL RESOURCES DIVISION OF LANDS 323 E. Fourth Avenue Anchorage, Alaska 99501 ADL NO 4 2q?,s... _ · · · · · · ~eel eee e e PERMIT TO DEVELOP WATER SOURCE OR EFFECT CHANGES IN WATER FLOW Pursuant to A.S. 46.15, as amended and the rules and regulations promulgated thereunder, permission is h~:reby ~ranted c.i.t.,.: ~ · · e · · · · te · · · I ~e lille e I lee'® ®lee of ..~,.g,.~:~.~:~:) ~.~ ~ ~,', ~ ~ ~ ., .,. ~g~.., ....,~.~. , ~ ........................................... ....... ;';:"'"""~-~;~ .............. " ·· ...... in order to (develop a water source) (effec~=¢han~es=~n=wa~e~=f~.ow) within . Fe>'W~?~. ~¥ ~-~ ~ I ~l! ' '~eeeeeeeeeee eeeeeeeeeele eeeeeeeeeeeeeeeeeeeee lee ee eee The purpose o~ ~his developmen~ is ~'~ '~ , F · . ..... ~.~o~i~~, ~.~d~~.~ ~roo.~ ................. ' · · ............ and wi11. resul~ in · ..~ .......... ~'op~ d~c '" ~ .......................... · ~ OW~. ...... · ....... S~ructures whi.ch will be effected .a~e Pi~~~ .in~a~ · e'e'. ' · ee'eeee eeeeleeee e ee~leee ee ee eeee eel ..... aci a roqu d · 'Changes ~ ' the natu · · e e · e · · e.e e e eeeeeeee.eeeee eeeeeeeeea eeeeeeeeee n · - Pal state of wa~er are ~o be made as stated here~n and for Lhe purposes ~nd~cated. During ~he effective per~od of ~h~s. pe~, ~he pe~t~ee' shall- 1. Eollow acceptable engineering standards ~n exercising ~he ~9hts granted here~n, 2. Comply..w~h all applicable laws, and any rules and/or regulations ~ssued ~hereunder, 3. Indemnify ~he S~a~e aga~ns~ and hold ~t ha~less from any ~nd all claims, demands, su~s, loss, l~ab~l~y ~nd expense for ~njury ~o or.de~h of persons and damage or loss of property arising ou~ of or connected w~h ~he exercise of ~he pr~v~'leges covered by ~h~s perm~, No~fy the Wa~er Resources Section, ~lssks D~vts~on o~ Lands upon change o~ ~ddress or ~ransfer of any re~l prope~y ~el~ed hereto. The D~v~s~on of Lands may suspend operations effected under th~s pe~t whenever such suspension shall ~n ~s judgmen~ be necessary to pro~ec~ or that of a prior ap. propr~a~or, ' 'This permtt shal 1 expire - November 24 19.7.5. ~ · · · · · · · · · · ®,/e/e · ~ · · Chief, Water R~sources ,Section Di vi sion of Lands Department of Natural Resources '~' ii'. UNITED STATES OF AMERICA ) State of Alaska ) ss. THIS IS TO CERTIFY that on the ...2~b ........ day of ...~:p~e~b~m ............. l~ 71 , before me.,. the .unders. lg~e.d ~otary Public, personally appeared .~ ......... · i]i]] .... ~"~ i~ '~ known to me and known by me to be he Direc- Doan J ~.~ ............ . ............ tor or his authorized repre.~'entative of the Division of Lands, Department of Natu- ral Resources, and acknowledged to me that he executed the foregoing permit for end'on behalf of said State, freely and voluntarily and for the use and purposes therein set forth. IN TESTI:~uNY !~HEREOF I have hereunto set my hand and affixed my seal, the day and year in this certificate first above written. official i i i t 'Ft i~'~--~ I ;f-~ i 'l'-f-i~ i I / Notary Public in arid' for t~,e State of Alaska ~y co~ ss~ on exp~ res. ,~.~,~ ,~;~¢~.. /.~.Z~~ SPECIAL STIPULATIONS · In accordance with Alaska Adr. inistrative Code (Title 7, Division 1, Chapter,, ~ SubChapter 1, Section 23B.), the City of Kenai will submit plans and specifications for the proposed Water diversion project to Alaska Depart.~cnt of Environmental Conservation for approval before commencing construction. 2. The water intake device is to be screened or other~vise protected so that downstream migrant fish will not be inadvertently drawn into the water distribution system. · 3. The area of the Kenai River near the proposed water intake location is a known pink salmon spawning area, and existing riffles in the area are to be protected. Approved as to fora by the Office of the Attorney General 6-2-69 RESOLUTION NO. 71-46 A RESOLUTION OF THE CITY OF KENAI, ALASKA APPROVING THE APPLICATION FOR A PRELI;.',!!.X:.",RY LOAN BY THE ALASKA STATE HOUSING AUTHORITY FOR THE DEVEI.,OP,',IENT OF LOW-INCOME ttOUSING FOR KENAI, A LA S KA WHEREAS, there is a de£in, ite need for low-income housing in the Kenai area, and; WHEREAS, the City of Kenai should provide such low-income hous.ing, NOW, THEREFORE, BE IT RESOLVED, that the City of Kenai hereby approves the application for a preliminary loan by the Alaska State }lousing Authority for the development of low-income .housing for Kenai, A1 aska. Passed this day of December 1971. JOHN F. ST.EINBECK, MAYOR ATTEST ' S]~aron Sterling., City cler RESOLUTION NO. 71-47 A RESOLUTION OF THE CITY OF KEANI APPROVING THE EXECUTION OF '-' ~""" ""' ' *':t!N Kv''~-;.,Ai A~ )~SKA AND THE ALAS~ STATE HOUStNG AUTf-IORITY. W}tEREAS, the City of Kenai has apl)roved the application of a preliminary loan by the Alaska State }lousing Authority for the development of Iow-income housino= ¢:or. Kenai, Alaska, and; WHEREAS, such application would be in the best interests of the City of Kenai and it's citizens, NO~'g, THEREFORE, BE IT RESOLVED, that the City of Kenai hereby approve the execution of a Cooperation Agreement between Kenai, Alaska and the Alaska State ~iousing Authority. Passed this day of 'December 1971. ATTEST ' jOHN F'.- STEiNBECK, 5'LAYOR' Sharon Sterling, City. Clerk December 13, 1971 TO' FRON' HONORABLE MAYOR AND CITY COUNCIL EDI'/IN I"-!. GLOTFELTY, CITY MANAGER SUBJECT ' FEASIBILITY STUDY ENGINEERING CONTRACT ON THE INDUSTRIAL WATER LINE · After a work session with'the Mayor and City Council concerning the selection of an engineer, consulting firm, for the feasibility s~cudy of this project, the Administration recommends that Mr. Harold H. Galliett Jr. and Assoc. be retained to conduct the feasibility study of the Industrial Water Line Project from monies of the recent Capital' Improvement Bond. Issue in the amount of not to exceed $45,000. In the event that the development of the water line is not -feasible and the engin.'eer deter.mines this before the study i.s complete the engineer will inform the City of this decision an.d the engineer-will .be paid only the percentage of his cost u.p to that date in time. Th.e Administration had a meeting w. ith Galliett & ASsoc. Friday, 10 December, 1971. Sincerely yours, City Manager EHG/ss December 17, 1971 TO' CITY MANAGER AND DIRECTOR OF FINANCE FROM: CITY AUDITOR SUBJECT: AUDIT FEE ESTIMATES · Balance sheets of all funds (excluding fixed assets) $17,000 · Balance sheets of all funds ( excluding fixed assets) as .of 12/31/71 '9, $00 This is predicated upon completing ths 6/30/71 balance sheets. If 6/30/71 balance sheets are not completed then thi. s fe.e estimate is low. ~ · Balance sheets of all funds (including fixed assets) as of 6/30/72 Results of operations for six months ended of all funds 50/ 1S,000 This engagement involves an estimated 136 man hours in addition to that for balance sheets only. $41,500 December 17, 1971 Mr. James R. Siddle Touch~ Ross ~ Co. Box 1191 Kenai, Alaska Dear Mr. Siddle' This letter is to clarify the City's position regarding the engagement by the City of Kenai with Touche Ross ~ Co. You were engaged by the City of Kenai on 5 February 1971, to conduct annual audits for the City of Kenai. 1. A balance sheet audit that will include opinions of all the funds 1 July 1970 - 30 June 1971. 2. A balance sheet audit for the period from 1 July 1971 - 51 December 1971. 5. An Audit from 51 December 1971 until June 50, 1972, to include financial statements, balance sheets, and fixed assets of all funds of the City of Kenai. It is our desire that you prepare a cost estimate that will include the three items above mentioned. Thank you for your sonsideration in this matter. ~HG/ss RESOLUTION NO. 71-S0 A RESOLUTION OF THE CITY OF KENAI, ALASKA DELINIATING Tile SCOPE OF T}tE EXA:',IINAT!ON OF 'FIIE FI'X..'\.xTCIi,\L STATEilENTS OF Tt.tE CITY OF KENAI, ALASKA AS OF JUNE 30, 1971. WHERIiAS, the certi, f.-'ied publ:i.c accounting frim of Touche Ross & Co. was appointed City Auditors for the examiniation of the financial statements of the Ci*F' ,e!:' iqe~.'~i, .-\.iaska as of June 50, 1971, by council action of February 5, 1971, and; t'~'t-iEREAS, *he .... a£orez'..,~.',.~tioned City .;\uditors have per£ormed portions of their financi, a~ exa::':ination and duly reported their preliminary findings to tit), Council, NOW, THEREFORE, BE I~i' RESOLVED, the City Auditors to' · that the City of Kenai hereby directs 1) .2) Not expand the scope of their examination to allow them to express an opinion upon the results of operations of any fund of the City of Kenai for the year ended J.une 30, 19 71; Continue their examination of the balance sheets of all the funds of the City of Kenai as of June 30, 1971 and to expand their procedures to whatever extent necessary to express an opinion upon such balance sheets, except' as to any of the fixed assets contained therein. Initial engagement fee to that time Engagement at 12/10/71 1730 Hours Estimate to complete as of 1730 hours-12/1071 Not to exceed $6,7OO 1,824 2.00 $14,724 $15,000 Passed this day of December 1971. ATTEST' Sharon Sterling, City Clerk JOHN F. STEINBECK, blAYOR TO: EDWIN H. GLOTFELTY, CITY ~LA/~AGER FROM: CECIL JOHNSON, CHIEF OF POLICE DATE: D:~.~CL~.-x~R !0, '~ ~' ~ 1971 In reference to a s~u<x.[ conducted by this department regarding the possibility of barrin~ snow machines from operation within ~e Ci~v of Kenai, we propose the following: 1. That snow machines not be allowed to operate within the immediate "downtown" section of the City during the hours between sunset and sun- rise except when one is being demonstrated for sale or drivin~ the same home after purchase, provided that all rules and regulations pertaining to the safe operation of such machine is complied with. 2. That during the daylight hours an operator of a snow machine may use said machine to conduct reasonable business in the downtOwn business district provided that all rules and regulations pertaining to the .safe operations of such machine is complied with. 3. That operators in categories 1 and 2 above adhere strictly to ordinances and regulations regarding excessive noise and other public nuisances. 4. That snow machines may be operated at anytime, anyplace, within the City of Kenai during the winter months provided there is adequate snow; provided tha~ items 1 2 and 3 are complied with and tlaat regulations re- garding trepassing upon private .property be strictly, adiaered to. 5. That Alaska is snow country and that snow machines provide people with transportation and entertainment, and should 1~ regarded as such and be subject to utilization for tha~ purpose .by any reasonable operator. C ~l_~onns0n-','' -Chie~f- 'of -p-0~lic~ RESOLUTION NO. 71-48 A RESOI. UT.IOX;. I!ST.t~'~I.,~..,,lCt-llN~'~, ,.-, I)EPOSITOR!ES FOR !',!UNICIPAL FUNDS AND ESTABLISHING Tile i\UTItORIZEi) SIGNATURES FOR DEPOSITORIES OR WIT. H- DRAWING FtJNDS FROM SAID DEPOSITORIES, t~'HEREAS, duti.es and responsiOilities withi.n the Administrative staff oi! t]:e Ci*y o£ Kc:i"~:ti_ h:~.:'e substantially changed, and; WHEREAS, it is desirable t.o add the name of the Finance Director to the authorized signatures' NOI'~", THEREFORE, 2,12 iT RES'3'....'Lv~"EI)' That Slaska State Bank, Kenai Branch and National Bank of Alaska, Kenai Branch, are des ~,.gnat ed official depositories of municipal funds, and; That, two of the following offiCials of the' City of Kenai will be required as signators on the various accounts of the City' Edwin H. Glotfelty Dan Whelan Thomas Haas Lillian' Hakkinen City Manager Finance Director Accountant Accountant That the Standard Bank Corporate Resolution be authorized hereby made a part of this resolution). (and is Passed this' day of December, 1971. JOHN-F" ST'E"I-~fBECK, MAYOR ...... ATTEST' Sharon Sterling, City Clerk CORPORATE' ~ESOLUTION "RESOLVED that ..... ~.a.t....i...o..n.a.! ..... B.2.n.t.; ..... .o..f ..... .A...!...a..'.s..k...a ................................................ at any c:,.,_:e or ,mere of its offices or !')ranches, be anti it is hereby designated as the bank of and depesitory for the funds of this Corporation, which may be withdrawn on checks, drafts, r~ceipts or advices of debit given or signed in the corporate name by any ........ ~.I.~..W...9 ...... ..~..~..~ ............................................... of the follo%ving: · Name (P!ease Type) Title ............. ..... 5..: ...... ......................................... .C.2.t....y.. .... .......... ............ D. an .... l,.~h.e, lan .......................................................................... ............. ..T.h..o.,.m.a.s ..... Ha.as. ...................................................................... ............. ..L.i. 11.i.a.n .... H.a. kki.n e.n ............................................ - · F. in ....... D.i..r. ac.t.o.r ...... .A..c....c....o.....u...n...t...a...n...t.. .................. A.c.C.Q.Un.t..a..n.t .................. and that said Bank shall be and is authorized to honor and pay the same whether or not they are payable to bearer or to the individual order of any person or persons signing the same. "RESOLVED FURTHER that the aforesaid persons are authorized and empowered make, collect, discount, negotiate, endorse and assign, in the corporate name, all checks, drafts, notes and other paper payable to or by this Corporation; to make anti enter into any and all agreements, including, but not li~nited to, Special Depository Agreements and rangements with reference to the manner in which, the conditions under which or the pur- poses for which funds, cttecks or other items of this Corporation may be deposited, collected or withdrawn; to delegate to others such authority in connection with any Special Depository arrangement that may be deemed appropriate, and to do and perform such other and further acts and things in connection with or pertaininK to the establishment of any accoun~ or the transaction of any banking business ~vith said ]Bank as they may consider proper. "ltESOLVED FURTHER'that the authOrity hereby conferred upon the above named per- sons shall be and remmn in full force and effect until ~vritten notice of the revocation thereof shall have been delivered to and received by the Bank at the branch(es) or offices(s) or the such account(s) is (are) maintained." I hereby certify that the foregoing., is a full, true and correct Copy of the resolutions adopted by the Board of Directors of ......... ~.i.t¥. ..... 0.~ .... Ken. ai ........................... at a meeting of said Board duly and regularly called and held on the ................ day of..D..~.c.~]/lb..~..r. ............. · 19 ................. at which a quorum was present and voting, and that said resolutions have been spread UDOn the minutes of said meeting and are now in full force and effect. I do further certify ti'mt the signatures appearing upon the reverse side of this card are the signatures ot the officers or employees of this Corporation named in said resolutions. WITNESS my hand and the seal of said Corporation this ................ day of.....D...~....c....e....m....b....~....r.. .... Secretary The undersigned depositor agrees ~vith That this account is to be carried by said bank as a COMMERCIAL account and all funds SAVINGS ~vhi. ch tb.e' under:,i~ned depositor has or may have on deposit therein with saici bank sha~: be zover'aed by ~t~ f3y-Laws, all £uture amendments thereof, and all reguiattons passed o: hero, after to be pazsed by its Board of Directors pursuant to said By-Laws relating thereto. including interest, services char~,'es, etc. City of Kenai .......................................................................... ~'i~'~f~" 3~' d~:~'~:~{~;/4'i ........................................................................... By ..................................... President Secretary ADDRESS .................... .B....O....X. ..... .~...8....0.. ............................................................... Telephone. .2. . .~. .3 ..-... ~. 5. 3 .5. ..... "~ ~us~ssss ................ ~!...u...n...i....c....i...p...a....!..i..t..y. ......................................................................................................... .i 'REFER TO INTRODUCED BY ................................................................................................................................................................. RE~'L~RKS ........................................................................................................................................................................... AUTHORIZED SIGNATURES (See reverse £or number required)' C · l%i. . ...... (Title F in. D ir..[Title-~ A c c t. (Title) ...A....C....C t...: ............... (Title) ................................... (Title) Amount Opened by ................................................................ Date .................................... ....................................... Acct. Aver.Bal Reason ",.- Depositary and Signing Resolution Borrowing Resolution (Name o/Corporation) I HEREBY CERTIFY TO.. .................. ALASKA7 ........ S rATE'. ................... BANI,.:...'. ........................................... ,.Ala~Kasl ........ , that at a meeting of the Board of Directors of ......... 2±l:.7....o£...J~e. na.i ....................................... a corporation organized under the laws of the State of .................. ..A-.1...a...s...k..a. ............................................. d~y cal~ed (a q~o~rn being present) and held at the office of said corporation, No ........ C.i.~zy.....g..o.~.rzc.i.1....C..ha..m.b.e.r .................. in the city of ........ ..K..e:..n...a...:i: ............................ State of .... .'.A...1...a..s...k...a.. .................... on the .................................... day of ...... ilecemb.ez ............................. 19 ......... the following resolutions were duly adopted and are now in full force and effect: RESOLVED, that the above bank be designated as a depositary of this corporation and that funds of this corpo'ration deposited in said Bank be subject to withdrawal upon checks, notes, drafts, bills of exchange, acceptances, undertakings of other orders for the payment of money when signed on behalf of this corporation by any ......T. 3.f..o. .... f,.2.) .................................. of its following officers to wit: (Number) Edwin tt. Glot£elty City blanager Dan lVh. elan Finance Director Thomas Haas Accountant ' Lillian Hakkinen Accountant RESOLVED, that the above bank, is hereby authorized to pay any such orders and also to receive the same for credit o£ or in payment from the payee or any other holder without inquiry as to the circumstances of issue or the disposition of the proceeds even if drawn to the individual order of an)' signing officer or tendered in payment of his individual obligation. Any two with prior Council approval RESOLVED, that ................................................. - ............................................................................. be and they hereby are authorized to borrow from time to time on behalf of this corporation from the above bank sums of money for such period or periods of time, and upon such terms, rates of interest and amounts as may to them in their discretion seem advisable, and to execute notes or agreements in the forms required by said Bank in the name of the corporation for the payment of any sums so borrowed. That said officers are hereby authorized to pledge or mortgage any of the bonds, stocks or other securities, bills receivable, warehouse receipts or other l~roperty real or personal of the corporation, for the purpose of 'securing the payment of any moneys so bo£rowed' to endorse said securities and/or to issue the necessary powers of attorney and to execute loan, pledge or liability agreements in the forms required by the said Bank in connection with the same. That said officers are hereby authorized to discount with..the above bank any bills receivable held by this corporation upon such terms as they may deem proper. That the fOregoing powers and authority will continue until written'notice of revocation has been delivered to the above bank. RESOLVED, that the secretary of this corporation be and he hereby is authorized to Certify to the above bank, the foregoing resolutions and that the provisions thereof are in conformity with the charter and by-laws of this corporation. I FURTHER CERTIFY that there is no provision in the charter or by-laws of said corporation limiting the power of the board of directors'to pass the foregoing resolutions and that the same are in conformity with the provisions of said charter and by-laws. I further certify that the following are the genuine signatures of the persons now holding office in said company as indicated opposite their respective signatures. ................................................................................ (Title) (Title) ............................................................................... (Title) ................................................................................ (Title) ......................................................................... (Title) IN WITNESS WHEREOF, I have hereunto set my hand as secretary of said corporation and affixed the corporate seal this ............................ day of ............................................. 19 ......... (CORPORATE SEAL) Secretary o~ the Corl;oration NOTE: In case the secretary or other recording officer is authorized to sign checks, notes, etc.., by the :ove~aber 30, 1971 TO" ~:ayor and Council. P,E'~\!~.,~s!.-.::. o~.~',r,-'~,.. .... e Co~.~rt ~=cision~ requiring_ . ,.~ 'City to furnish a lawyer to indioents,,:, cha. rged~ with City criminal ordinances;. · · I !~ave now had an opportunity to read the Supreme Court decision _ in:':athleer, Al.e:ander vs. the City of Ancl:orag6', and. would advise as follows- 1. I l~ave secured a statement of the charges that would be made by'Attorney Jo~nston Jeffries , w~o is residen~ on the Peninsula in the City of Kenai on a full-time basis. I will attach a copy of the letter ~e sent to me, and. would recommend t'hat I' be authorized to designate him to furnish such public defender services as are required. .2.. Also .enclosed is a proposed news release which commend be distributed as 'soon as possible. I would re-- 3. Also, by the ti~:~e you receive this communication, the City sho.uld have prepared the financial statement questionaire for indigent defendants so monies expended can possibly be recovered at a later time fro:~,~, the indigent defendants. 4. The City Council should consider the matter of revisino the Code on minor offenses. For exa:,.~ple, a fine for loitering, drunk in puhli~, littering-the streets, or o[fenses o£ that type sl~ould probably provide for a penalty not to exceed ~:50.00. I think it might then be argued that an attorney would not have to be furnished. I[owever, a jury trial might still be required because of the requirement in our Charter (which-is apparently :-unique in-.t-he--State of Alaska. City~torney "JOHNSTON JEFFRIE:~ ATTORNEY AT LAW November 23, 1971 Hr. James Fisher City Attor~eY~- : P. O. Box 3.97 Kenai, Ala ~ 99611 RE: Public Defender City of Kenai Dear Mr. Fisher: At your request, I confirm our conversation of November 22, 1971, relating to possible engagement of my services in the capacity of a public defender for the city of Kenai. Generally, I recall that schedule at the rat.e of $35.00 an hour with minimum for any (fifty dollars). Jury trials or trial of any kind would probably run not less th'an $100.00 With adjustments both ways for equitable results. I suggest ed current bar fee (thirty-five dollar.s) cause disposed of 'at $50.00- Yours very truly, JJ- fg s . o FOR I~!).IEDIATE P,t!LI!ASE CITY OI'; KENAI Box 5~0 Ke. nai., Alaska Phone' 283-7S35 "Iz~ediatel,' .~,,":~:.~",n ' q o d :i. se o Alas a m Cour s ..., .~.,.,~.~,, ....... ,.>e.~.s o a ~.v d -ff the k Supre e t' order to require "~.:r~isl'-ing of a defense lawyer to indi-ent defendants' charged ~,:ith oruJ. n . ,- :~nc s pro i,~qn~ j~il o.r a heavy enou~ ...... .:., ,.. ~h fine to indicate cri~:~inal.-it,~~ .~ .. , t:~e.. ('~5.tv. o'f Kenai has made arrangements to comply with that decision, ' stated today. "i'!o~,,ever, i'f the 5_nd.i~Tnto d~~~ant can later pay for t'he services furnished, tlnen the City ~,~i.i! attempt reimbursement for its expenditures Recently, .the Alaska Suprerae Court, in a City o£ Anchorage case involving an arrest, for loitcrinoo, was ordered to furnish a defense lawyer for a defendant who x,.~as without financial means. That decision is bindino~, u-pon the entire Alaska Cour.~. System. In order to provide a speedy tri'al, a city is required to furnish a defense lawyer so the financially indi~e.nt~, -are no~ discrimin.a.t, ed agai-ns.t by beino unable to hire an attorney of their own choosing. "A person requestin~ the City-of Kenai to furnish a .defense lawyer will be asked about his or her financial condition. Upon qualifying, that person ~.:illbe sent to a local attorney. If, ~¢ithin -a 3-year period, tl~at person becomes capable of .reimburs'ing ti~e City for tl~e services, then collection for those services wi:li be attempted," described in a prepared statement ~-O-d a y. ' It has been estimated the-cost o£ services should not, in the C. ity of Kenai, exceed $1,000 in any one year's time. In addition, the blanket penalties provided for u~xd'er a more old-fashioned approach will be revicx,'ed so that minor offenses, which never receive jail ---or--heavy-fines, will be classified in a manner to avoid clogging the system. "Thus far, the C+ty of Kenai has been furnished jury trials in -'advance of an announcement in 1970 that all cities must furnish jury trials when requested, and we' have not found that the prosecution expense or burden in unmanagable, stated City Attorney James E. Fisher. "Of ail arrests for violations, probably in excess ...of 90% are never challenged by the procedure requesting a trial' to the Judge or to a jury." November 24, 1971 TO' ~'~layor and.Council RE' Preli¥":~'~ary cor~:'~ents -- Alas~,,a Supreme Court decision rec~ui,~4~ ~.,'~. ~c~,'rnishi_ng of attorney to indigents charged with crir.:~inai offen, ses of the City. ~This con~'~,unicario~is. ,. prepared,~.n advance of an opportunity to analyze tixe Aia,.,.:,a Supre~'r~e ,~ourt case reported in the . Anchorage n.ewspa'~ers as requiring municipalities to furnish an attorney to indi~,ents for defense of violations of ordinances ~proviqing a substan~iai fine or jail sentence. 1. I have made a check to find the actual date that this resuirement before the Courtsl~comes effective. 2. Preli~r~inary inq~iries have been initiated as to the charges that mi r.~ht be made by Attorney Johnston Jeffries, the onl¥,~her attorney in Kenai on a full'ti~:~.e basis who would not have a conflict of interest for su. ch services. . 3. Attached is a proposed'letter to give persons asking for an attorn-ey. Notice the pers-.ons are advised tl:ey._ must pay. for tlc' serv.i'ces .f~rn_Jsi,~ed when they are able-~, if unable at ii the time of trial to say for an attorney's services. In other- word~; the City of Kenai will take such appropriate collection action to recover its costs for furnishin-~, counsel, to .indigent de fendants. 4. The Alaska Public Defender Agency of the State only requires ..,~the fitin~o of a financial stat.,ement to qualify for attorney's services. Such will be utilized in case involving the City o f Kenai. 5. There is the possibility our Police force can charge law vio. lators under State startles and thereby avoid costs for :prosecution and defense of criminal-indigent cases. I[owcver, i the.~...:~on such City~.attersthen loses, any revenues it might receive from fines "ii6. ~ One thing that the City Council should consider closely, and --that is an amendment to the Code which would change a. ll the penalties (this sho~ld only be done after I have had a chance to analyze the Supreme Court o¢ini.on) so th. at jail time would ' ~,not be one of-the pe.rmitt~d penalties for minor traffic tickets, t g. offenses, etc. ~i,. l°i erin. 'iCi ty/At torney . , ..Sex .$ 8 0 CONTACT: Municipal Court Clerk Kenai Courthouse X~-nai ~ Alaska Phone: 283-4891 person cSa ?:~d unc~.<:'r ~._:L~..; Cod~ or Ordinance judge tells you ~ ...... ~,.~,t you are charged with -- you should '~ell the jud.*e In order ~o qalif7 for a de£ens.~:~ attorney', you must be financially, unable to employ sn a~.torney ~ your fii~. cut thc~. ~,.~;~-"'-iosad financial A£,~er revexwin~' tne~ rxnanciz~"° s~a~-~?~,-~,~ if ~,h~ ~ Ckrk o~e Court finds tha~ '~ ~.~ ~ ~ ,-~ . yo.'u qu~l~.~,~ ~:'~ zor" an a~orney," ,!-~.~ will. 'then a~r¢c~ .... you to '~h.e attorney Any a~o~.ey '~..~'ho is furnished for you will be ~.~ .... .. ~.~,~id by the City. However~ if you are gbI~ 'co ~zy for tho~ serve'ecs a~ ~ ~, ,~ ~-,- - . -. a~~r that a~o~ney has rep'res.,-~*~'~.~ .......... . you,,, then you muse~ ~v.. , bat':-, o.r. x'exmburs~ the C any a'~torney'~ ~:---~ which have b~,~- id - , ....... ,~n pa on 7our behalz. Please .acknowledg~ receipt' of this ccmmunic.ation on a carbon co.p¥ in the s~c~ in.dic-*~d below. ' the undersigned acknowledges day of 197 ~ec~i-p~-~cf the no:xce of "ri~!i~ to a la~yer. .... Signature- ' 'Name (prin~}''=:'--''- -----'-'-': ......... Address:. ......... DEFENDANT'S PERSONAL DATA - Case .".fo. Fi ie No. Date Name ' Sex ' Address: Dar_e of birth: Birth Place: Phone: Rari.~al Status: Closest reia~ive or someone who will ,'.{umber of Children: Race know whereasouus o c=ien%. Name: Address: ~ ever lived outside Alaska and where Do children live with client: Occuoa ti on: · Education: Military Service: Social 'Security No.: If unemployed how does client support If in National Guard or Reserves: himsei== -if living with someone, whom: If client out on bail, what kind and who If c!ienu has been questioned by %he posted: police or arrested Days in jail on this arrest to date , If client is released on O. R. or bail can he get home and back to cour~ aha now The crime with which client is charged Time, p~ace and date of arrest Who was with client when arrested and what happened to them ., Did police .officers take pick up any property from client or elsewhere when clien~ arrested, what What does client know about the offense with which he is charged Available oroof: (Confession, statements of witnesses, scientific reports guns, knives, etc.) Does client want to plead guilty or not guilty: Does clien~ want to be tried by a jUdge or a jury': How client thinks he 'can'":be':"~'~:~~d~ not guilty' '..'".'{':-q.'.i "' . . · -2- '6. Do you pa,.,' renu how much per. month i- you own your own house or ouher real property state l us value a set forth any m-~.nzhlv pa~,menzs you make on it Do you pay child support how much per month do you owe back child suppor~ when did you make your last chzid supporn payment ~7. List on nne Lack of nhzs sheet al~ ..... .. month!y payments you make. " ' List the principal remounts zor wha%, ow much money do you owe? ~ and to whom owed on the back of this sheet. · .~.~ e yo:i mettled~ does she work? weekly pay~ _~ so, give your wife's name , where? , what is her 20. List nne names and ages of your dependents and state their relationship tO you 21. Do you have any disability relating to your ability to earn a living, if so, what? 22. State your age , Permanent address Statement of FiR.eric_iai Responsibility · i und=~stand that to the extent I am able to pay for an attorney, the other ,necessary services and facilities of representation, and court costs, the cour- may ~.~e¥,..i:e t.Q oav for these items. Further, ! understand that zl/mus~.,~av the ..... ~ ' " ~ "'~ ~~~ ~~'"~-~/~~e fo~ ..... s~~~~ g~v~n to me by the,-~~ ~,2~e ~ Rd . ~ . , · zx z= zs determined I was not entitled to the assurance or if within three years I am financially.able no pay- A-~,~~,. 'General Waiver ah thor i/re anyone, .in~~ ~ I hereby nest or future e~,ezoyers, to. release to the ........... . .................. ~.~,..._~-.~ii information concerning' any incom5 source ! 'have had for a period of three years ~,me{iateiv preceding my first 'court. appearance in 'the case whzch the ~~.ts~r. Agen_f zs representing me and fo~ ~p~io~ of ~hree y_a~-a~ter ~ne last date aid is given to me-by the ~b~~ ?~%~crs} in. this~sa%~~d ! understand ~hat this info~ma,i°n., , v. iil bS made available. . ,o the. ~~. ~~~_' -:-'after Conclusion of my case except as zt may tend to ~ncrzmznate me. .. ~~ .~'~~ ~ ~, ~C · Authorization for N'~.zc~'"Dc~cnde~ ~o DLsciose Information I hereby authorize the %i~~-P~zt ~c~~r ,~,,c}--~ ~.~sclose the above ' ~ - "; , for the " , ln~o~ma=~on to the courts, and ~o' such persons as he may deem proper purpose of reaching a decision on the question of my right Uo be defended by tif ica ti.on - (I have read this entire statement)(This entire statement' has been read to me) (strike one) concerning my financial condition, general waiver to authorizinc ~ae release of income information, and the statement of financial reseonsibiiitv for receiving assistance from the ~i~s]~ Public ~{%~~.....~~-~=.~-~-' ..~ ...... ..... ~. I' certify Acknowledged before me this day of s-igna ture (print) · 19 . Case No. File No. ~_NA~ IAL STATE ...... (Mads to obtain public defender services) 1. State the name of any private attorney you have consulted within the past 12 months Do you owe him money?' If so, how mucm? Have you asked him if he will represent you now? Why do you think you cannot get your own attorney? 2. If you expect to make bail state where you expect to get the bail or premium 3. State the name, address, and telephone number of anyone who may hire an a~.~orney for you 4. What is the name, address, and telephone number of your spouse, or if unmarried, of your parents, or if deceased or not in Alaska, your best friend in Alaska 5. Wi.il your spouse, parents, or friends hire an attorney for you? If not, why not? .J ~ '-- - · 6. How much money do you have on your person? In the jail property envelope? In the bank?__ What bank? At home? 7. Em~ ! ovmen t: Present: Past: (Phone) (Phone) 'Supervisor Started Weekly Pay Supervisor How long worked Weekly pay 8. During the past. 12 months have you received unemployment .compensation?__ how much? ; workmen's compensation? , how much? · welfare? , how much? . 9. If you are receiving or expect to receive any money during the next 12 months, list tke sources and amounts on the back of this sheet. I0. I=: anyone owes ~vou any money list their names, addresses and the amounts o~. the back of this sheet and state if you think the money can be collected.-_ 11. Do you own an automobile? Year and make 'COndition Purchmse price . Where is it? Amou~ t owed 12. Do you own a snow machine? Condition Where is it? Year .and make Purchase price Amount owed 13. Do you own a boat? Year and make Condition Pur'chase price- ' Where is iu and the motor? Amount owed 14. Do you own an airplane? Condition Where is i~? Purchase price Year and make Amount owed nnv ~ther items which'might be sold for more than $100 list · JAMES E. FISHER JAMES C. HORNADA¥ FISHER & HORNADAY ATTO R N EYS AT LAW KEN'Al Pt~_OFESSIONAL BUILDING - P O. BOX 397 KENAI. ALASKA 99611 ~,::cember 1971 o TELEPHONE 283-7565 .~.[r. Ed Glotfeltv, Bo× 5 80 I,',enai, A!as~:a C i t v ~'-.~ a?~¢e r Dear Ed Glotfel Would you please prepare Ordinance by ,which $200,000 of the money which we received from the sale of Homer Electric Association would be utilized in such a manner so that only the interest would be spent. I believe _ similar legislation was introduced in the Alaska Legislature and I also believe that New Mexico has a sin-~ilar statute. It is my opinion the Council should give careful consideration to this approach. If properly invested, the $200,00 would probably yield approximately $20,.000 per year. mhank: you. .,, . !. Sincerely, -/' '. -.,d ,,"../:,]~ C .<""';,: "' .F;". '" u. oun cJ_ ±man Jg2,L~S C. HOP,.N'ADAY . _ '\. TO · ' FROM ' Edwin H. Glotfelty, City blanager Raymond D. Burr, Assistant City Manager DATE · Dece'mber 8, 1971 SUBJECT ASSESSMENTS~ STATE OWNED PROPERTY, WAS LATER PURCHASED BY A PRIVATE CITIZEN. The State of Alaska and the Federal government own large blocks of land within the limits of the City of Kenai. A great deal of this land lies within Special Assessment Districts. In the past, the State an.d the Federal government have refused to pay these assessments on the premise that one government cannot assess and/or tax another unit of government without the prior consent of that government unit being taxed .or assessed. The State and the Federal govern- ment have steadfa½tly refused to consent to the payment of these assessments" I can see the Sta'tes. basis for refusing to pay. However, I cannot agree with the philosophy, as I believe that the property owned by the State and Federal government is materially enhanced by the proximity of muni- cipal improvements. Regardless of the right or wrong in the state paying or not paying, we must consider the citizen who, at a later date, purchases the property from the State. It seems un- fair to apply penalties and interest accruing because of late payment. If the State has excercised the right not to pay, and if the cit±zen has agreed to purchase the property and .pay the assessments, it w. ould seem that we are penalizin~o the wrong payo.r. Again, procedure in the past has not been to assess these penalties and interest against the formally state owned property being transfered to a private citizen. However, the purchasor is obligated to bring the assessments up-to' date in a reasonable period of time. This procedure was based upon precedent and Council di'c'tated policy. However, in review of the minutes, ordinances and resolutions of the past two years, I cannot find where this has been approved by Council. Speediset ~ Moore Bus~ness Forms, inc L. Memo - Ed~in H. Page - 2- December 8, 19 71 Glot£e!tv RECO}9.IENDATI ON The 'policy that has been used in the past seems be fair, and 'r. ends to ~¢~ake it a little bit easier to get public lands into ~rivate ownership. I, therefore, re- commend the ~ollo~.~in~- a. Ail penal..ties and interest on federally and state ow'ned land be written off and not charged until the ].ands pass into private o~vnership. Normal penalty and interest .shall accrue from that day forward. b. The total amount of the assessment must be paid off by the closing date of the Special Assessment District. In some cases, the amount necessary to bring the assessment payments up-to-date is substantial and would work a hardship on the purchasor. The City Manager may prorate the total amount due over the re- maining life of the Special As.sessment District in an equitable fashion without assessing penalties and in- ter. est on the delinquent pa. yments, provided that the agreement is adhered to. I am attaching a res'otution for your review. to - Raymond D. Burt Assistaht City Manager Attachment (1) RDB/db RESOLUTION 71 - 49 A RESOLUTION RE?IOVING Tf-IE PENALTIES AND INTEREST ON DELINQUENT SPECIAL ASSESS;',iENT PAY;,II-ENT$ ON STATE AND FEDERALLY OW. NED LAND LYING WITHIN SPECIAL ASSESS),tENT DISTRICTS AND GRANTING TIlE CITY ~IANAGER AUTHORITY TO EQUITABLY P?.ORATE TflE TOTAL BALANCE DUE ON SPECIAL ASSESSEMENTS OVER THE RE.'-~IAININ(; LIFE OF Tt-!E SPECIAL ASSESSMENT DISTRICTS.. W}.tEREAS, the State of Alaska and the Uni2ed States of America have declined to pay the Special Assessments, other assess- ments and taxes on all State and Federally owned property, and; WHEREAS, sop. e o£ the Special Assessment Districts, and; land lies within City of Kenai ship, and; WH E RE AS, this public owned land passes into private owner- WHEREAS, to apply delinquent penalties and interest right- fully accruing to the State's refusal or failure to pay would be penalizing the wrong party, and~ WHEREAS, it does not appear that the State or Federal government 'will, in the near future, pay these assessments, and; WHEREAS, in some instances, the amount necessary to bring the assessments on a given piece of property current is excessive and would ~ork a hardship on the taxpayor/purchasor: NOW, THEREF,ORE, BE IT RESOLVED- That penalties and interest accruing on Federal and State properties lying within City of Kenai Special Assessment Districts is hereby waived, and; ~at the E.~it'~" MJnager may, where the ......... ~$'{~-~'~ ........ o.f delinquent assessment pa)Zments o~n"'"the trSnsfer of State/~'~Seral properly to private ownership, i~ p'r~~itive the ~amount.ofth-,e' ...... assessment then due over the re- manning life--the Special s~-~trict. ..... PASSED this day of , 1971. ATTEST · Sharon S~teri~ng, City Cle'~k 30HN F. STE'INBECK, MAYOR City Attorney' Approval as to Form and Contract / l~ ~."'i. i,f,.-. .. ',.',, · C£tlTRAL DISTRICT WILLIAM A. EGAN, GOVERNOR 306 £~S T FOUR TH A VENUE AtlCttORAGE 99501 '-'"ove:uber 15 ~ 1971 Re: 52A-290i ~ity~ o_,~ Kenai Assessment Statement City of Alasha Kenai Attention City Gentlemen- are returning in various amounts As we have advised has 'ruled that the State~ cannOt levy We are therefore for these remounts. John.. Mechling Assessor here:~zith your assessment statements for various pieces of property, in the past, the attorney, general City being a subdivision of the assessments on the .State of Alaska-, refusing payement again this year S±ncerely ~ JACK M. SPAKE Central District Engineer Donald E. B.eitin~er Central District Right of Way A~ent ~.j. LLIAM A. EC;AN, Covernor DIVISION OF LANDS 323 E. 4TH AVENUE ANCHOI~AGE 99501 December 2, 1971 Edwi'n H. Glotfe!ty City Manager City of Kenai Kenai, Alaska 99611 Re: ADL 40888 and 45993 - Municipal Assessments City of Kenai Dear Mr. Glotfelty: Enclosed is your assessment statements for State owned lands in Sections 31 and 33 near Kenai. The State has not agreed to recognize a right in the City to collect penalties and interest resulting from the States' non-payment of the basic assessment. Mr. James E. Fisher, an attorney for the City of Kenai has advised our Attorney Generals office that the City will not attempt to collect the penalties and interests from our purchasers and that an appropriate entry would be made in the City.records to this effect. Apparently this has not been done. Would you please set the records straight~, Sincerely yours, F. J. KEENAN, Director / ,,n '--:: ..... /'?0/. -- ..../ / / ,' ~..-"~(,..~, ._.... '/. / /,,,' ,. ,,..,,, ~ By. 'L. T.¢.Main ' Lands Disposal Officer Enclosure cc: ADL 40888 & 45993 ................. · , L,~u~n ~.~ucl',t.,~l: I1~1 It'll: :~IAII:: .rOi" ALASKA ALASKA STATE ALCOHOLIC BEVERAGE CONTROL BOARD 1. ~R NEW LICENSES AND RENEWALS, ,~ 3. CiTY APPLICATION I'-J O. // :.' / / .. . ~"' t' ,.,¢ " ( /"',. ;~';'"~f ' --v:~-/' . ~- ;.~' G- BOROUGH OTHER ' ; .... ,..~ ~:. ' ........ . .................................... (COMPLETE ONLY ONE) ",i '-- d;' :'-/' IS NOT W'tTH~N 50 MILES OF AN INCORPOR~TED CiTy. BOROUGH. OR. , ~O .... ~?'~ D T~'~D~:'~~ ~- ~.., ~ .. ~~H, . ..... TP~E ~U?~ ~ "'~'," ...... ' ..... ' ' -'""" ....... .... :.._. - ,PLUSAFiL1NGFEEO ~2.5.00. APPLICANT'S NAME .. -- ... ,~ ~ BUSINESS NAME AND LOCAfION . .. ...- . ... . .... . ........... · . ..... I ..................................................................................... . · 4. IF RENEWAL, GIV~: PRE~ENT. , ~,~.~CENC, EC ~, .NUMBER 5. THE LOCATION OF THE PREMISES 6. FOR TRANSFERS. ONLY: THE UNC, ERS]GNED HEREBv ,~PF'L~ES FOR TRi',NSFE~' OF FROM AT THE FOLLOWING LOCATION: STREET ADDRESS 7. CITY ............................................. LICENSE NUMBER ' TYpE OF LICENSE ........ DOING BUSINESS AS · r.~,, .... ,S'~ BOROUGH ............... OTHER (COMPLETE ONLY ONE) rNAME) ............ APPLICANT'S NAME AN'D MAI't. ING ADDRESS BUSiNESS NAME AND LOCATION q: E $1~D E,'-q? _! .................................................................................................................................................. ............................................................................................. ....................................................... 9. I/WE HEREBY CONSENT TO THE ABOVE TRA'NSFER S!GNAfURE 1 SIGNATURE 2 · 10.DISTANCE BY SHORTEST Direct LINE FROM Ar'-4Y SCHOOL GROUNDS, CHURCH, COLLEGE OR UNIVERSITY O O 1t. HAVE YOU ANY OTHER KIND OF LIQUOR LICENSE? YES NO IF YES, GIVE TYPE AND LICENSE NO ..... ' ..................................................... : 12. HAVE YOU' EVER'B'EEN CONVICTED OF A FELONY? O 'YES O NO IF YES, COMPLETE THE FOLLOWING: PLACE OF CONVICTION (CITY OR TOWN'AND STATE) DATE OF coNvICTION · BUROUGH OR CITY COUNCIL LICENSE NO. PAGE ! ~13',~ IF CORPORATION, ARE YOU Q'UALIFIED TO DO BUSINESS WITHIN THE STATE? YES NO ~ ~. APPUCANT HEREBY DEClaRES. tF APPLICATION IS FOR RETAIL OR DISPENSARY LICENSE, IF AN INDIVIDUAL OR ASSOCIATION, THAT HEHAS RESIDEDIN ALASKAFOR AT LEAST ONEYEARPRIORTOTHE DATEOF THISAPPLICATION;IF CORPORATIC')N, THAT IT IS QUALIFIED fO DO BUSINESS IN ALASKA. 15. NON-INFRACTION OF LAWS OR REGULATIONS PERTAINING TO THE SALE OF INTOXICATING LIQUORS: I O WAS ~ WAS NOT CONVICIED OF AN INFRACTION OF ANY FEDERAL, STATE LAW OR REGULATION OR'Cil'YORDINANcE COVERING THE SALE OF INIOXICATING LIQUORS DURING THE TERM OF THE LICENSE. IF CONVICTED, GIVE DETAILS: 16. ;I (WE)-FURTHER STATE THAT THE ABOVE LICENSE ~ HAS 0 HAS'NOT BEEN EX'ERCISED OR ACTIVE Al' LEAST THIRTY (30) DAYS :' '. DURING THE PAST YEAR. IF LICENSE.HAS NOT BEEN ACTIVE AT' LEAST THI'RTY (30) DAYS EXPLAIN: ' ' ' UNFOLD FORM TO' COMPLETE. IF APPROVED THIS DAY OF TYPED, TEAR ALONG PE'RFORAIION AND~ ~9 INSERT EACH .SECTION SEPARATELY. COMPLETE PAGE 2. ALSO:--- " ,',;~~ DIRECTOR THE FOLLOWING INFORMATION IS NE£DED TO PROCESS YOUR APPLICATION. PLEASE ANSWER ALL QUESTIONS SO YOUR LICENSE RENEWAL O~, TRANSFER CAN BE COMPLETED Wi(HOUT FURTHER CORRESPONDENCE. CHECK O..".JE 17. TYPE OF LICENSF ..z~ ..... "'~'"~" ~.~:L-'~ .... -: ~ ~ "'" ~'" ' /' ?~'~ ...... ~ ':'~:~"'~ NEW TRANSFER ~:'~ RENEWAL 18. IF APPLICANT iS AN lh.~DiV~DUAL OR IND~L?JDL.1ALS: -? " 19. i.F APPLICANT IS A CO~PC,'RATiON. CORPORATE NAME DOING BUSINESS AS MAILING ADDRESS CORPORATE O F Fi C E,"q-..: S- VICE PRES. SECRETARY TREASURER S('JC',~L SECU:~iTY NO. FEDER~',L E,MPLOYER IDENTIFICATION NUMBER /' ..::;,,, '"-' c.,," '-' - , ................................... OFFICE PHONE ........... ........................... LOCATION ........................ .......................... CITY ................ BIRT.~ig. ATE PHONE_NO J'.~sOc:,~t s~c~..:~:ii",' NO. · ...... HOME ADDRESS 21 DIRECTORS AND/OR STOCKHOLDERS: N ,,:",. M E HOME ADDRESS HOME PHONE SHARES OR % ,, , : J. 23. WHAT NAME WILL BE USED-ON YOUR PUBLIC SIGN OR IN YOUR ADVERTISING PROGRAM TO IDENTIFY YOUR LICENSED PREMISES? / .~ ,,' /' ,:.,, .~ .... ,.:, .............................. [-- - ,~ r, .-': .............. ~ ...... ~'.....~" Z -"~- · . 24. Section 04.10.180, regulations 4110 and.4111, and interpretations of Section 04.10.190, require a full disclosure of any financial interest in a liquor " license. The Board requests that you list all purchase agreements, loans from banks or individuals, silent partners, or any other contracts, including lessee agreements, that affect the financial inter~st of this license. Failure fo make a complele disclosure of all financial interest is a false statement and the penalty warrants revocation of the license. Please .study the above sections in your rules and regulation booklet. Declare all Other finan- cial' interests below, 25. SIGNATURE(S)OF APPLICANT(S) .~.- ........... // (3) (4) I)m~,Bc- ~ (~, PA G E 2 sOBscRIBED AND'i~WOR'I~1 TO M~' THIS./'- ~ ~ . . . DAY :' ~..: p.p., ,,,/ '...-,, - __ :! .... ,,.., / . · ~..,., '-',,,: ..... · ..-[, ' .... co .,ss,o. ,/- ' TtIIRD JUDICIAL DiST:'.iiCT " AT KEi'~Ai We Bhe Grand Jury ~ n :'[enai' av£ng r.:,e.~ on ~he 6th and 7th days of Dec.~mber, i~7~, do h~-~0y make vhe f~~-~-'~g recommendation- The ~xls~'n~ ~,,~u o;~ zn "~ e ~c,:':al a::~ S,-~ao n,n areas . for the receiving, of emergency cal-s ro,~.ui:~es, d~:'._ng an approximately 8 hour period, that said ca~- ~"~zst be .'laced Anchorage since a full time radio di"'patcher ~s not on duty for t-his area. t, le szrong-y recommend -~hat '~he Com::~issioner of Public Safety contact the city councils of '-'(enai and Soldotna and the i~enai Borough Assembly toward the end of placi'-~g a '~'2i.' ':r,e d-'spatci~er on for this area. This recommen.d~tion i~ made in iigi~t o,~ ti~e fact that some emergency calls going through Ancho~--ge have Zakon an unreasonable period of time for response. ~Ye feel float this is caused, for · example, by the placement of a dispatcher not familiar with the geography of this area. We are attaching hereto our analysis-of .the problem. DATED at Kenai, A'aska, ti~.ls ? day of December, 1971. ; ./ / - ..' ... ; / I GRAND JURY FOREMAN for dispatch plus lease line costs (approximatel'y $500/month) could be applied to trained dispatcher. · Possible Solution- The City of Soldotna was given a gran~t under Federal Employment Act to hire 3 dizpat.chers, Only on,e used at pl-esent. Under guidance ~nd recommendat~'o~ of Ci~:~? ~o~ne'l 'the other girls . are being used as cle..,,,s. ~,.~e could ~ trained mn conjunction with State Trooper's three girls. · AT KENAY GR ~ '7 ....... ~ AT- ~:,,.D JURY RECO...,..::,t~.,,..,, .zC~ ~N,",~' vSTS Problem to be investigated. 24 hour a"spatch system ]~ ~.., . ~ ~ .', ;:;,. ] c. i'.~ ' Taking back seat to Anchorage Fro""lemc ie emgc-~'gency on the i'~nai. Peninsula waiting to get on ti~e air t;.~hile Anci,orage gives long involved directio.ns to an officer in Anchorage. ' Soldotna/Kenai/Moose Pass/ilomer/Cooper Landing/Palmer/ Eagle River/Giennalien/ and Anc.i~orage all using same one band at prime action time (weekend night). Anchorage Dispatcher not knowing-local area problems, land marks (mispronouncing street names, etc. sometimes officer cannot translate and the caller has hung up. ~fait for another possible call. It has haopens~ when no officer is on duty (frequently on call) the Kenai number called (often circuit line tied up ~rom other areas) and when Anchorage is reached- Anchorage calls long distance to reach an officer on call. One actual traffic accidnet took at least 45 minutes through, the standard operating procedure to reach help. The man died' maybe not as a result but a direct call 'to Soldotna policeman could have been on the scene in 5 minutes. (Village Inn accident). ~rgument - State would lose lease line. So!ut~on· don't need it if 24 hour on duty. Girl would handle the call. Anchorage could be reached by radio at any time and long distance on other information. (NCIC by radio). Add extra crystal to radio's for all three departments fo.r fir~ and poli Local phone number. Local dispatcher knows problems, area, etc.. Cost for F~re Department in Soidotna who uses Toui"i'st Center