HomeMy WebLinkAbout1975-06-04 Council PacketCOUNCIL PA- CKETS
Kenai City Council
Meeting
June 4,
Packet
1975
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COUNCIL MEE� ING OF Jun 4. 19
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MORGAN t �r
STEINER
THOMAS
AMBARIAN
DOYLE �(
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HUDSON I y
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ELSON
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COUNCIL AfEi;'fING OF M7)-
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A G E N 0 A
REGULAR MEETING, KENAI CITY COUNCIL
JUNE 4, 1975 - 8:00 P.M.
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NATIONAL GUARD ARMORY
PLEDGE OF ALLEGIANCE
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A.
ROLL CALL:
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AGENDA APPROVAL
B.
PUBLIC HEARINGS:
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1. Ordinance 264-75 - Annual Budget for fiscal Year 1975-76
2. Ordinance 165.75 - Amending definition of "Taxicab" 4 establishing
size and body style restrictions for taxicabs.
S. Ordinance 266-75 - Hater/Sewer Rate Increase
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4. Ordinance 267-75 - Sales Tax Increase
S.
6.
C.
PERSONS PRESENT SCHEDULED TO BE HEARD:
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3.
D.
MINUTES:
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1. Minutes of the Regular Meeting of May 21, 1975
E.
CORRESPONDENCE:
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2.
F.
OLD BUSINESS:
1. Resolution 75-24 - Fixing Taxicab Rates for the City of Kenai
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2. Council approval - FAA Housing inventory
3.
4.
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NOW BUSINESS:
1. Bills to be paid - bills to be ratified.
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2. Payment to Engr. Consulting Firm - Airport Lighting Project
3.Payment to Engr. Consulting Firm - Airport Fencing Project
4. Payment to Engr. Consulting Firm - Airport Fencing Project
6.
7. i
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REPORTS:
1. City Manager's Report
2.City Attorney's Report
3. Mayor's Report '
4. City Clerk's Report !
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5. Finance Director's Report
6. Planning 4 Zoning Commission's Report }
7.
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Kenai Peninsula Borough Assembly Report
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PERSONS PRESENT NOT SCHEDULED TO BE HEARD: ;
1.
4
2.
3.
4.
.I I I � I I 1111 11!111 IE ir., �l .:l—i. GeT"—.•---. ••— .._. _ - ...:..,,, � .. ... ._.:— .._.:. i .. .
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CITY OF KENAI
ORDINANCE NO. 264-75, AMENDED
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI
ADOPTING THE ANNUAL BUDGET FOR FISCAL YEAR JULY 1, 1975 THROUGH
JUNE 30, 1976, AND SETTING THE TAR LEVY FOR THE CITY OF KENAI.
WHEREAS, it is the requirement of the Charter of the City of Kenai,
Alaska, that the City Council of the City of Kenai annually set a budget for the
operation of the City of Kenai; and
WHEREAS, it is necessary to advise the Borough of the levy to be
made against real and personal property for the collection of taxes to support
said budget.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City
of Kenai, Alaska, as follows:
Section 1. A tax in the amount of 18.0 mills to hereby levied
against all taxable real and personal property in the City of Kenai for the fiscal
year commencing on the 1st day of July, 1975, and ending on the 30th day of
June. 1976.
Section 2. The sum of $1,783,510.00 is hereby appropriated
for corporate purposes and objects of the City of Kenai for the fiscal year
commencing on the 1st day of July, 1975, and ending on the 30th day of June,
1976, to defray all expenses and liabilities of the City during the fiscal year.
i Page One, ORDINANCE NO. 264-75
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Section 3. This Ordinance shall be in full force and effect on
the ist day of July, 1975, as required by Law.
CITY OF KENAI
1
-� JAMES A. ELSON , Mayor
i ATTEST:
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Acting City Clerk
FIRST READING
SECOND READING
EFFECTIVE DATE
Page Two, ORDINANCE NO. 264-75
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CITY OF KENAI
` ORDINANCE NO. 264-75
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AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI
ADOPTING THE ANNUAL BUDGET FOR FISCAL YEAR JULY 1, 1975 THROUGH
JUNE 30, 1976, AND SETTING THE TAX LEVY FOR THE CITY OF KENAI.
WHERRAS, it is the requirement of the Charter of the City of Kenai,
Alaska, that the City Council of the City of Kenai annually set a budget for the
operation of the City of Kenai; and
WHEREAS, it is necessary to advise the Borough of the levy to be
made against real and personal property for the collection of taxes to support
said budget.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City
of Kenai, Alaska, as follows:
Section 1. A tax in the amount of 18.9 mills is hereby levied
against all taxable real and personal property in the City of Kenai for the fiscal
year commencing on the ist day of July, 1975, and ending on the 30th day of
June, 1976.
Section 2. The following sums of money are hereby appropriated
for corporate purposes and objects of the City of Kenai for the fiscal year
commencing on the 1st day of July, 1975, and ending on the 30th day of June,
1976, to defray all expenses and liabilities of the City during the fiscal year.
Page One, ORDINANCE NO. 264-75
I. GENERAL FUND ESTIMATED REVENUE
(1)
Taxes . . . . . . . . . . . . . . . . . . . . .
. . $1,261,332
(2)
Licenses & permits . . . . . . . . . . . . . .
. . 7,100
(3)
Intergovernmental revenues . . . . . . . . . .
. . 391,250
(4)
Charges for services . . . . . . . . . . . . .
. 4 32,500
(5)
Fines & forfeits . . . . . . . . . . . . . . . .
. . 24,800
(6)
Interest earnings . . . . . . . . . . . . . . .
. . 45,000
(7)
Rent and leases . . . . . . . . . . . . . . . .
. . 12,290
(8)
Miscellaneous revenues . . . . . . . . . . . .
. . 3,000
(9)
Non -revenue receipts . . . . . . . . . . . . .
. . 63,576
Total General Fund Estimated Revenues
$1,840,848
II.
GENERAL FUND ESTIMATED EXPENDITURES
(1)
Legislative
$ 24,353
(2)
Judicial . . . . . . . . . . . . . . . . . . . .
. . 13,226
(3)
Executive
City Manager . . . . . . . . . . . . . . . . .
. . 70,408
Legal . . . . . . . . . . . . . . . . . . . . .
. . 58,398
Finance . . . . . . . . . . . . . . . . . . . .
. . 121,362
Revenue . . . . . . . . . . . . . . . . . . .
. . 18,818
Police . . . . . . . . . . . . . . . . . . . . .
. . 275,103
Fire . . . . . . . . . . . . . . . . .
. . 290,475
Communications . . . . . . . . . . . . . . . .
. . 76,977
Public Works . . . . . . . . . . . . . . . . .
. . 484,962
Library . . . . . . . . . . . . . . . . .
. . 22,641
Planning Commission . . . . . . . . . . . .
11000
Council on Aging . . . . . . . . . . . . . .
37,966
Non -Departmental . . . . . . . . . . . . . .
. 345,159
Total General Fund Estimated Expenditures $1,840,848
Page Two, ORDINANCE NO. 264-75
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III. SPECIAL REVENUE FUNDS ESTIMATED REVENUES
(a) Water/Sewer Revenue Fund . . . . . . . . . . . . $ 241,600
(b) Airport Funds
Airport Maintenance/Operation Fund . . . . . . . 54 906
Airport Land Fund . . . . . . . . . . . . . .
. .
26,000
Total Special Revenue Fund Estimated Revenues
$
322,506
IV. SPECIAL REVENUE FUNDS ESTIMATED EXPENDITURES
(a) Water/Sewer Revenue Fund . . . . . . . . . .
. . $
224,179
(b) Airport Funds
Airport Maintenance/Operation Fund . . . . . .
. .
54,906
Airport Land Fund . . . . . . . . . . . .
12,600
Total Special Revenue Fund Estimated Fxpenditures
$
291,685
V. ENTERPRISE FUND ESTIMATED REVENUES
(a) Airport Terminal Revenue Fund . . . . . . . .
. . $
90,617
Total Enterprise Fund Estimated Revenues
$
90,617
VI. ENTERPRISE FUND ESTIMATED EXPENDITURES
(a) Airport Terminal Revenue Fund . . . . . . . .
. . $
90,617
Total Enterprise Fund Estimated Expenditures
$
90,617
Page Three, ORDINANCE NO. 264-75
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` t ALL FUNDS TOTAL ESTIMATED REVENUES $2,282,971
ALL FUNDS TOTAL ESTIMATED EXPENDITURE $2,232,150
Section 3. This Ordinance shall be in full force and effect on
the tat day of duly, 1975, as required by Law.
CITY OF KENAI
JAMES A. ELSON, Mayor
ATTEST:
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Acting City Clerk
FIRST READING %S'
SECOND READING
r } EFFECTIVE DATE
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► Page Four, ORDINANCE NO. 264-75
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CITY OF KENAI �
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I MOVE TO AMEND ORDINANCE 264-1S AS FOLLOWS:
A. CHANGE THE MILL RATE IN SECTION 1 FROM
18.9 TO 18.0
B. DELETE SECTION 2 AND REPLACE IT WITH THE
FOLLOWING:
SECTION 2. THE SUM OF $1,783,510.00 IS HEREBY
APPROPRIATED FOR CORPORATE PURPOSES AND OBJECTS OF
THE CITY OF KENAI FOR THE FISCAL YEAR COMMENCING
ON THE 1st DAY OF JULY, 1975 AND ENDING ON THE
30th DAY OF JUNE, 1976 TO DEFRAY ALL EXPENSES AND
LIABILITIES OF THE CITY DURING THE FISCAL YEAR.
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CITY OF KENAI
ORDINANCE NO. 265-75
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AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI
AMENDING THE DEFINITION OF "TAXICAB" AND ESTABLISHING SIZE AND
BODY STYLE RESTRICTIONS FOR TAXICABS
BE IT ORDAINED by the Council of the City of Kenai, Alaska,
as follows:
Section 1. Section 20-1(1) of the Code of the City of Kenai is
hereby amended to read as follows:
(1) "Taxicab" means a motor -driven passenger vehicle which
is not certificated by the Alaska Transportation Commission, and which is
' offered for public hire on a time or distance basis.
Section 2. There is hereby added to the Code of the City of
Kenai, Section 20-12 (A) , which shall read as follows:
20-12(A) No license shall be granted under this Chapter for a
` vehicle which has a seating capacity as per the manufacturer's rating of more
than soven (7) persons, or for a vehicle the body style of which is other than
a sedan. This provision shall not be construed as prohibiting the continued
operation of a vehicle other than a sedan which was licensed under the
provisions of this Chapter on the effective date of this Section.
CITY OF KENAI
ATTEST:
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JAMES A. ELSON , Mayor
Acting City Clerk
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CITY OF KENAI
ORDINANCE NO. 266-75
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI
REPEALING SECTION 17-76 OF THE KENAI CODE, 1963, AND ENACTING A
REVISED SCHEDULE OF RATES FOR USERS CONNECTED TO CITY WATER
AND SEWER SYSTEMS
WHEREAS, revenues of the water and sewer systems have been
found to be insufficient to operate and maintain the systems to a reasonable
standard; and
WHEREAS, monthly service charges are the principal source of
revenues for operating the water and sewer systems; and
WHEREAS, levels of service and operating condition have caused
Increased costs at least equal to the inflationary rise of the prevailing price
levels since establishment of water and sewer rates.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City
of Kenai, Alaska, as follows:
Section 1. It is the finding of the Council that an increase in
monthly service or user charges is urgently required in view of the drastic
increase in costs, which at least equals the inflationary rise of prevailing
price levels since the establishment of the water and sewer rates by the City
of Kenai, Alaska on May 18, 1973.
Section 2. Section 17-76 of the Kenai Code 1963 is hereby repealed.
Section S. The charges to. users of water and sewer systems within
the City of Kenai are as follows:
SCHEDULE A - GENERAL DOMESTIC SERVICE RATES
Per Month
Water Sewer
One -or two-family residence, per family unit $ 12.00 8.00
Single or double wait apartment, per family unit 12.00 6.00
Apartment, three or more units under one roof,
per family unit - Single bill assumed by owner 8.80 5.90
Separate billing 10.00 6.75
Trailers, one or two on single lot or court (each) 12.00 8.00
Page One, ORDINANCE NO. 266-75
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Trailers, three or more on lot or court, per trailer
unit - Single bill assumed by owner 8.80
5,90
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Separate billing 10.00
6.75
Minimum Charge: One month's service
Special Conditions: The above schedule is restricted to service
used
exclusively for general domestic purposes, as distinguished from
commercial
or other uses of water service.
SCHEDULE B - C014MERCIAL SERVICE
Per Month
Water
Sewer
Base Rate: (Applicable to all customers receiving
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service under this Schedule, unless otherwise
specifically excluded.) $ 9.50
6.30
Demand Charge: (Applicable to individual .customers
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where water connection is one inch or longer,
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and is rated on the equivalent line size. This
is in addition to the Base Rate and Use Charge . )
1" service 8.00
5.50
service 12.00
8.00
service 20.00
13.40
2" service 50.00
33.50
Larger than 2" - By special contract.
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Use Charge: (Applicable to the establishments specified
below, in addition to the initial Use Charge listed
below, a charge of $4.00 for water and $2.70 for
sewer for each multiple of four employees over and
above the initial four shall be made. This is in
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addition to the Base Rate and Demand Charge. The
City Manager has the right to determine the rate to
be applied to different types of facilities than are
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hereaftor listed, and to make final interpretation of
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these rates, subject to Council approval.)
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Bakery 53.50
35.75
Bath House - Tub or shower, each 5.50
3.60
Beverage dispensary
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Page Two, ORDINANCE NO. 266-75
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Each seat, to and including thirty
1.60
1.05
Seating capacity in excess of thirty, per person
.40
.26
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Bottling works, per bottling machine
166.70
111.65
Bowling alleys, amusement parks (Note 2)
20.00
13.40
Boarding houses, per available room
3.40
2.30
Car lot, with car wash facilities
16.00
10.75
Car wash, automatic, per stall
400.00
266.00
Car wash, self service, per stall
26.70
17.90
Churches
12.00
8.00
Cleaners
20.00
13.40
Clinics, medical with laboratory and/or X -Ray unit
33.35
22.35
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Without laboratory or X -Ray unit
12.00
8.00
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Clubs, lodges without bar or restaurant facilities
8.00
5.50
Dairies - installation of water meter required
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Dentists' offices, per chair
9.35
6.30
Garages, service stations, without wash rack
26.70
17.90
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With wash rack
53.35
35.80
With automatic wash rack
400.00
266.00 !
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Hangar, airplane repair
6.70
4.50
With washing facilities
33.35
22.35
Hospitals, per bed
4.00
2.60
Hotels - Establishment providing three or less beds
Per room, ten rooms or less
33.35
22.35
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Per room, over ten rooms
3.40
2.30
Dormitories - Establishment providing sleeping quarters
Containing up to ten beds
24.00
16.05
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Capacity in excess of ten beds, per bed
1.35
1.05
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Laundry, commercial self service
Per machine, fifteen pounds or less capacity
13.35
8.95
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Per machine, fifteen to thirty pounds capacity
40.00
26.70
Per machine, over thirty pounds capacity
80.00
53.60
Markets, meat (Note 1)
16.00
10.75
Medical offices (except psychiatrists i optometrists
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Per doctor, base covers first doctor
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Additional doctor
6.70
4.50
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For three or more doctors, apply clinic rate.
Medical offices - psychiatrists & optometrists,
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apply standard office rate.
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Motels, with light housekeeping facilities (where billing
Is assumed by owner) one unit, no charge.
Above base rate in excess of one unit
6.70
4.50
Office buildings where single bill is assumed by owner,
the base rate shall apply for the first four
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employees, no charge
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Office, in multiple office building where individual
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Page Three, ORDINANCE NO. 266-75
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tenants are billed, (the base rate shall not apply) 6.70
4.50
Building with single office, apply base rate only.
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Restaurants, cafes, lunch counters, fountains
For each seat, to and including thirty (Note 3) 1.20
.80
Seating capacity in excess of thirty, per seat .90
,60
Schools, per classroom 9.35
6.30
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Shopping centers (Depends on stores included in
shopping center, Note 1 and Note 2.)
Shops, beauty, per basin 13.35
8.95
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Shops, miscellaneous 6.70
4.50
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Sleeping room, per room (without facilities for
housekeeping) 3.00
2.00
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Stores, dry goods, gifts, variety, etc. 6.70
4.50
Stores, grocery (Note 1) 8.00
5.50
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Studios, photo or photo lab 40.00
26.70
Super markets (depends on departments within store,
Note 1 and Note 2)
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Theaters, seating capacity 750 or less 40.00
26.70
Seating capacity in excess of 750 (Note 1) 73.35
49.15
X -Ray or laboratory office 24.00
16.05
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Note 1: Additional charge for water cooled compressor
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per horsepower or fraction thereof without
recovery unit. 4.00
2.60
Note 2: Additional for other facilities such as
restaurant, beverage dispensary, etc. are at the
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applicable use charge for each such facility.
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Note 3: When a restaurant serves liquor and has no
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separate bar, no additional charge for a bar will
be applied. However, when a restaurant has a
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separate bar, the bar stools will be rated at the
over -thirty -stool rate.
Minimum Charge: One month's service.
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Special Conditions:
(a) Where more than one customer is served from the same service
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line between the City's water main and the customer's premises,
the City
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reserves the exclusive right to determine how the Demand Charge under
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this Rate Schedule shall be applied and apportioned between said customers.
(b) The Base Rate under this Rate Schedule includes appropriate
charges for providing water supply, pumping, treatment and a minimum
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Page Four, ORDINANCE NO. 266-75
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)unt of water, and is applicable to all commercial establishments receiving
der from the City.
;spool Pumper Charge: $10.00 per dump.
SCHEDULE C - INDUSTRIAL SERVICE
1/2"
anger
tion
Per Month
Water
icrete mixing plant
$100.00
zcrete products
50.00
lfectioner
33.35
3enhouse, commercial
33.35
cream plant
50.00
dstorage plant or lockers
23.35
11tional for water-cooled compressors, per
horsepower or fraction thereof
4.00
nand Charge: In addition to the above, the
following shall be added where the water
connection is larger than 3/4 inch:
service
8.00
,/4" service
12.00
service
20.00
service
50.00
than 2" service - By special contract.
imum Charge: One month's service.
wer Charges: Monthly sewer charges shall be-
set by special contract.
SCHEDULE D - FIRE PROTECTION
SERVICE
e Protection Service
No Charge
ecial Conditions:
(a) Water service under this Schedule shall be available, at the
of the City, to "dry type" automatic sprinkler systems for fire
ection only.
(b) All fire protection lines, sprinklers, pipes and valves on private
go Five, ORDINANCE NO. 266-75
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I property shall be owned, installed and maintained by the owner and/or
customer.
(c) All connections between the City's main and privately owned
facilities will be made at the expense of the customer.
(d) At the option of the City, sprinkler service may be metered. The
meter and the installation thereof shall be at the expense of the customer.
i (e) No tap or outlet for use other than fire protection shall be
permitted on fire lines or mains, unless approved by the City.
(f) in times of emergency the right is reserved by the City to
turn off any fire hydrant and/or sprinkler system at the discretion of the
City Fire Chief or other authorized person.
(g) No drains from fire sprinkler systems shall be directly connected
with the City Sanitary Sewers, and no cross -connection whatsoever will be
permitted between fire protection facilities connected to the City's system and
possible sources of contaminated water.
SCHEDULE E - METERED WATER SERVICE
Per Month Per Thousand Gallons of Water
First 30,000 gallons $ 1.35
Next 170,000 gallons .92
Next 250,000 gallons .75
Next 550,000 gallons .50
k Over 1,000,000 gallons •33
' Minimum Charge per Month: Under size of meter.
Meter Size Water Allowances for Minimum Charge Charge
i" 10,000 gallons $13.35
25,000 gallons 33.35
2" 60,000 gallons 67.60
Over 2" - By special contract.
The City reserves the right to determine the size of the meter to be
installed in all cases .
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Sewer Charges: Monthly sewer charges shall be set by special contract.
Page Six, ORDINANCE NO. 266-75
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SCHEDULE F - TEMPORARY MISCELLANEOUS WATER SERVICE.
Size of Tap Per Month
3/4" $ 16.00
1" 24.00
1-1/4" 36.00
1-1/2" 60.00
2" 120.00
Larger than 2" - By special contract.
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I Minimum Charge: One month's service.
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"Temporary Service" (service for a period of less than twelve months) may,
at the option of the City, be made available under this Schedule, except
j that such temporary service shall be available only once to any customer.
i Special Conditions:
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(a) Where water connection installation is necessary, service will
be furnished at a rate specified in this tariff, plus all cost of connection
j --and disconnection, less the salvage value of the material used. Prospective
customers shall be required to pay an estimated cost in advance, adjustment
to be made after work is completed or service discontinued.
(b) Prospective customers shall be required to make a deposit equal
to an estimated two months billing for service to be rendered.
(e) All plumbing must be installed in such a manner that the entire
system may be protected during freezing weather by a single bleeder.
(d) Fire hydrant use may be permitted by the Fire Department, and
upon payment to the City Clerk of a water charge of not less than;
Per use day $ 13.35
Per week 66.70
(Actual rate to be negotiated depending upon requirements . )
Sewer Charges: By special contract.
SCHEDULE G - WATER SERVICE FOR BUILDING CONSTRUCTION
Line Size Per Month
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Page Seven, ORDINANCE NO. 266-75
3/4" $ 6.70
1" 10.70
1-1/4" 16.00
1-1/2" 26.70
2" 66.70
Larger than 2" - By special contract.
CITY OF KENAI
JAMES A. ELSON, Mayor
ATTEST:
Acting City Clerk
FIRST READING .2 /
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SECOND READING
EFFECTIVE DATE
Page Eight, ORDINANCE NO. 266-75
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CITY OF KENAI _
ORDINANCE: NO. 267-75
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI
INCREASING THE PRESENT SALES TAX LEVY FROM ONE. PERCENT TO
THREE PERCENT
BE IT ORDAINED by the Council of the City of Kenai, Alaska:
Section 1. Section 7-25 of the Code of the City of Kenai is hereby
amended to read as follows:
"SALES TAX LEVY
} Section 7-25. There is hereby levied a consumers' sales tax of
lhrrte percent on all retail sales, on all rents, and on all services made or
rendered within the City limits within the City of Kenai, measured by the
gross sales price of the seller.
Section 2. Section 7-26 of the Code of the City of Kenai is hereby
amended to read as follows:
"OWNERSHIP OF MONIES
Section 7-26. The three percent consumers' sales tax levied
herein, and all sales taxes collected, are City of Kenai monies, and the seller
is at all times accountable to the City of Kenai for such monies."
Section 3. Section 7-27 of the Code of the City of Kenai is herby
amended to read as follows: / [,s�QL�� n -"7--2 r la
"DEDICATION . (a
Section 7-27. (a) One-tMM all revenues of the consumers'
sales tax is dedicated to retire the general obligation bonds authorized at that
certain special election held in the City of Kenai on the 25th day of May, 1971.
It to the intent of this dedication that the proceeds shall be used exclusively i
for the purposes of repaying. retiring or otherwise discharging the City of
the obligations of the bonded debt or obligation assumed pursuant to the
authorization of the special election.
(b) of all revenues of the consumers' sales tax is
dedicated to be applied to the debt service fund, to enable the City to meet its
cash restriction requi ements as provided for in various bond ordinances.
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(e) Pn6Jf&rd of all revenues of the consumers' sales tax is j
dedicated to be applied against current operating expenses."
Page One, ORDINANCE NO. 267-75
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Section 4. Section 7-30(a) of the Code of the City of Kenai is
hereby amended to read as follows:
11TAX SCHEDULE
Section 7-30. (a)
The tax to be added to the sale price, charge
or rental shall be in accordance with the following schedule:
Price
Tax
$0.01 - 0.13
0.00
$0.14 - 0.46
0.01
$0.47 - 0.79
0.02
$0.80 - 1.16
0.03
ATTEST:
_ .. Acting City Clerk
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- . FIRST READING
SECOND READING
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EFFECTIVE DATE
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if Page Two, ORDINANCE NO. 267-75
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CITY OF KENAI
JAMES A. ELSON, Mayor
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Items to be ratified
Marathon Oil Company 4635.23 Middle man check
Union Oil Company 4733.46 Middle man check
National Bank of
Alaska 130,000.00 TCD
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For Council•Meetinq
of 6-4-75
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The following are disbursements over $500.00 which need
Council approvals
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VENDOR
AMOUNT P.
O. DraCRIPTION
State of Alaska
Public Employees
Retirement
5379.63
For A_oril's contrit
tion
Kenai Utility Service
Corporation
1592.06
May.hillinq
Homer Electric Asso
3410.13
May billinq
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Items to be ratified
Marathon Oil Company 4635.23 Middle man check
Union Oil Company 4733.46 Middle man check
National Bank of
Alaska 130,000.00 TCD
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TO: Honorable Mayor $ City Council -
FROM: Roland D. Lynn, City Manager
DATE: June 3, 1975
SUBJECT: MISCELLANEOUS INFORMATION
The following miscellaneous information may be of
interest to you:
1. Just received word from the Environmental
Protection Agency that the City will be
receiving an additional $53,600 in regard to
one of our sewer interceptor projects. We are
receiving the additional money because of the
release of impounded funds. This will bring our
reimbursement for the project to 68.71 for a
total reimbursement of $196,900. The effect is
that this will increase the amount available in
the bond funds for water and sewer improvements.
2. The fence around Fort Kenay was erected with the
help of the 813th Engineers. Materials were
paid for from bond funds previously authorized
by the City Council.
3. The library plans will be completed by Monday,
June 2, with advertising scheduled for 30 days
immediately after acceptance. Therefore, con-
struction bid openings will occur at the beginning
of July.
4. I will be traveling to Juneau Wednesday (6/11).
Purpose of the trip will be to try and close a
contract with the State for jail services and
attempt to obtain a commitment in regard to
impact funds. The hearing on the Impact Funding
will be held at that time and contacts in Juneau
felt it would be advisable for me to be in attendance.
S. The budget hearing scheduled for June 4th will be
held at the Armory and scheduled for 8:00 p.m.
as authorized by Council.
1
r KENAI PENINSULA BOROUG11
• REGULAR MEETING OF T11G ASSE1111LY
JUNE 3, 197S, 7:30 P.M.
UnRaur.:I ADM I N I ST RI ION R" 11 -DING
P. 0. BOX 850
ASSEMBLY
Utz
McCloud
fika
Mullen
0IConneII
Steiner
Araess
jorregautu r
Burton 9
Callahan 4
Chenault 9
Cooper 10
Davis 9
Elson 10.67
Holds 9
Johnson 10.67
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SOLDOTNA, ALASKA 99669
-AGEN1)A-
A.
CALL TO ORDER AND ROLL CALL L
S.
PLEDGE OF ALLEGIANCE AND/OR OPENING CEREMONY i•
C.
AGENDA APPROVAL
D.
MINUTES, May 20, 1975
B
E.
ORDINANCE HEARINGS:
(Parliamentary Procedures for Filling Blanks)
(a) Ord. 7S-30 "An Ordinance Lapsing Certain
rsond Authorizations of the South Kenai
Peninsula Hospital Service Area and the
North Kenai Fire Service Area"
(b) Ord. 75.31 "An Ordinance Appropriating
Funds tor Fiscal Year 1975-76 for the
General Fund"
(c) Ord. 75.32 "An Ordinance Appropriating
tunas tor Fiscal Year 1975-76 for
Capital Projects"
(d) Ord. 75-33 "An Ordinance Appropriating
tunas tor Fiscal Year -1975-76 for
Economic Development"
(e) Ord. 75-34 "An Ordinance Appropriating
Funds for Fiscal Year 1975.76 for
Roads and Trails"
(f) Ord. 7S -3S "An Ordinance Appropriating
rungs tor Fiscal Year 1974-7S for
Roads and Trails"
P.
INTRODUCTION OF ORDINANCES:
(a) Ord. 75.41 "An Ordinance Amending KPC
o.1U.ub to Reduce the Kenai Peninsula
Borough Sales Tax from 3$ to 28"
(b) Ord. 75.42 "An Ordinance Amending KPC
26.10.020 to Exempt the Sale of Food from
the Kenai Peninsula Borough Sales Tax"
G.
PUBLIC PRESENTATIONS (with prior notice)
(a) Mr. Asaiah Bates
H.
COMMITTEE REPORTS
(a) School Board, June 2, 197$
(b) Cook Inlet Air Resources Management Commission
ASSEMBLY
Utz
McCloud
fika
Mullen
0IConneII
Steiner
Araess
jorregautu r
Burton 9
Callahan 4
Chenault 9
Cooper 10
Davis 9
Elson 10.67
Holds 9
Johnson 10.67
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AGENDA FOR JUNE 3. 1975 PAGE 2
I.
MAYOR'S REPORT
(b)
(c)
J.
SCHOOL CONSTRUCTION AND CAPITAL I14PROVE.MENT RGPORTS
(a) Nikolaevsk Plans
(b) School Construction Cost Report with minutes of
Construction Advisory Board Meeting of May 27, 1975
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K.
OTHER BUSINESS
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(a) Res._ 75-33 "A Resolution Disposing of Certain Lands
oy 'I�rade or Exchange"
L.
ASSEMBLY AND MAYOR: COMMENTS AND DISCUSSION
M.
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PUBLIC PRESENTATIONS
N.
INFORMATIONAL MATERIALS AND REPORTS
(a) Minutes
1. News in Brief, School Board, and Agenda for 6-2.75
2. Cook Inlet Air Resources Management District
3. Construction Advisory Board, May 15
4. South Kenai Peninsula Hospital Service Area
S April 23, March 19
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S. North Kenai Fire Board, April 16, May 14
(b) Correspondenco:
1. Governor Hammond: Res. 75-23 6 Res. 75-24
2. Senator Stevens: Res. 75-28
4.
3. Rep. Don Young: Res. 7S-28
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4. Senator Mike Gravel: Iles. 75-28
S. D. W. Forbes: KCHS parking lot
6. Bill Shrior: approval of recreational subdivision
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(c) AML Legislative Action Bulletin 017
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(d) OEDP Executive Committee Meeting -and
Proposal to build Seward memorial
(e) Memo from Mayor Thompson: Review of School Plans
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A G 0 N N A
REGULAR MEETING, KENAI CITY COUNCIL .�
May 21, 1975 - 8:00 N.M.
PUBLIC SAFETY BUILDING
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PLEDGE OF ALLEGIANCE
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A.
ROLL CALL:
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AGENDA APPROVAL
B.
PUBLIC HEARINGS:
1. Ordinance 263-75 - Providing for penalties for violation of
Airport rules and regulations.
2.
3.
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4.
C.
PERSONS PRESENT SCHEDULED TO BE HEARD:
1. Oscar Thomas
3.
D.
MINUTES:
1. Minutes of Regular Meeting of May 7, 197S.
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E.
CORRESPONDENCE:
1.
2.
F.
OLD BUSINESS:
1.
2.
3.
1
4.
G.
NEW BUSINESS:
1. Bills to be paid - b4.11s to be ratified.
2. Ordinance No. 26S -7S - Amending the definition of "Taxicabs"
and establishing size and body style restrictions•for taxicabs. ;
3. Resolution Na. 75-24 - Fixing Taxicab rates for the City of Kenai.
4. Resolution No. 75 -ZS - Establishing a bond cash investment pool.
S. Resolution No. 75-26 - Feasibility ofneed for, and estimated
costs of Improvement Dist./Carl F. Ahistram S/D. a
6. Resolution No. 75-27 -Commitment of maintenance of Beaver Loop Rd.
7. Assignment of Lease from Falcon Aviation to Raven Transit.
S. Ordinance 264-7S - Presentation of 1975-76 Budget
9. Ordinance 266-7S - Wcter/Sewer Rate Increase
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10. Ordinance 267.75 - Sales Tax Increase
11. Naming of now bridge 4 access road
12. AAI - Lease of Airport Lands or Facilities
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13. Council approval - disposal of FAA housing furniture
14. Payment to contractor - Airport Fencing Project
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15. Payment to Engineer Consult. Firm - Airport Fencing Project
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H.
REPORTS
1. City Manager's Report
2. City Attorney's Report
S. Mayor's Report
4. City Clerk's Report
S. Finance Director's Report
6. Planning 4 Zoning Commission's Report
7. Borough Assemblyman's Report
1.
PERSONS PRESENT NOT SCHEDULED TO BE HEARD:
1.
2.
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3.
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MINUTES
REGULAR MEETING
KENAI CITY COUNCIL
MAY 21, 197S - 8:00 P.M.
PUBLIC SAFETY BUILDING
The Council gave the Pledge of Allegiance
ROLL CALL:
Members Present: A. L. Hudson, Richard Morgan, H. J.
Steiner, Oscar Thomas, Edward Ambarian, and James Elson.
Members Absent: James Doyle ff
AGENDA
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APPROVAL:
There were no objections to the addition or deletion
_
of the following items to the agenda.
B-2 - Delete Appeal of Chester H. Cone
B-3 - Delete Appeal of Robert"L. Borgen i
C-1 - Add Oscar Thomas i
G-9 - Add Ordinance 266-75 (Water/Sewer Rates)
G-10- Add Ordinance 267-75 (Sales Tax Increase)
G-11- Add Naming of new -bridge F, access road
G-12- AAI - Lease of airport lands or facilities
G-13- Council approval - FAA housing furniture disposal
G-14- Pmt. to contractor - Airport Fencing Project
G -1S- Pmt. to Engr. firm - Airport Fencing Project
B:
PUBLIC HEARINGS
B-1:
Ordinance 263-75 - Providing for penalties for violation
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of Airport rules and regulations
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City Attorney, C. R. Baldwin, recommended to the Council
that Ordinance 263-75 be amended by deleting all of
Section 1 (Regulations of Airport) as this section >
appears in different form in the present Code. �3
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Councilman Steiner moved, seconded by Councilman Thomas,
for adoption of Ordinance 263-7S as amended by the deletion
.. _...
of Section 1.
The motion carried by roll call vote. Voting yes; Hudson,
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Morgan, Steiner, Thomas, Ambarian, Elson.
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PERSONS PRESENT SCHEDULED TO BE HEARD
! C-1:
Mr. Oscar Thomas
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Mr. Thomas advised that Kenai Utility Service Corporation
intending to immediately file for "rate
was a request of
relief" with the Public Utility Commission. The exact
'
amount of this request had not yet been determined.
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MINUTES, KENAI CITY COUNCIL, MAY 21, 1975
PAGE 2
D: MINUTES
Minutes of the Regular Meeting of May 7, 1975
There were no objections to the following amendments
to the minutes of the meeting of May 7, 1975:
1. Regarding the proper purchasing procedures -- the
materials in the fence could not be purchased without
following proper bidding proc-e7ures. However, the
fence can be purchased as a unit without following
such procedures. (See page 3)
2. Regarding the motion by Councilman Steiner, seconded
by Councilman Hudson -- should read as follows: (Pg. 4)
"......that Council go ahead and authorize $5,000 as
pa ment on account at this time without any conditions
and upon receipt of BOR funds, the additional $7,000
will be paid contingent upon free title in exchange."
The minutes were approved as corrected.
E: CORRESPONDENCE
There was no correspondence presented to Council.
F: OLD BUSINESS
There was no old business to come before Council.
G: NEW BUSINESS
Bilis to be paid - bills to be ratified
Councilman Morgan moved, seconded by -Councilman Thomas,•
that authorization by the City Council be given for payment
of the bills as presented.
The motion carried by roll call vote: Voting yes;
Hudson, Morgan, Steiner, Thomas, Ambarian, Elson.
G-2: Ordinance No. 265-75 - Amending the definition of "Taxicabs"
and establishing size and body style restrictions for
taxicabs
City Attorney, C. R. Baldwin, emphasized that this
Ordinance clearly defined that a taxicab can only be
a sedan and not a bus.
Councilman Steiner moved, seconded by Councilman Hudson,
for introduction of Ordinance No. 265-75.
Motion passed unanimously by roll call vote.
LA
J .I .. CI II I I I d I n _L. .�Ir ..3�ii 'K ai 6���i:Ill lYlll il!!I III MI II II II Ili!Ip ill I11lIlII111111 IiYll 111111 I I i I �
MINUTES,
KENAI CITY COUNCIL, MAY 21, 197S Page 3
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G-3:
Resolution No. 7S-24 - Fixing Taxicab rates for the
City of Kenai.
This Resolution for an increase in taxicab rates was
recommended by the Kenai Public Vehicle Commission.
Council noted that there appeared to be some inconsistencies
in the rates as presented and instructed the City Attorney
_
to adjust the discrepancies accordingly.
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Councilman Steiner moved, seconded by Councilman Ambarian,
to table Resolution No. 7S-24 until the Resolution has
been corrected as requested by Council.
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Motion passed unanimously by roll call vote.
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G-4:
Resolution No. 7S -2S - Establishing a bond cash investment
jPool
Finance Director, John O'Connor, requested this resolution
so that the City of Kenai is in compliance with the
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restriction requirements of the bond ordinances relating
to the General Obligation Bonds and Terminal Revenue Bonds.
Council felt there needed to be some deletions and additions
to the Resolution and took the following action.
Councilman Thomas moved, seconded by Councilman Hudson,
for the adoption of Resolution No. 75-25 with the following
'
amendments: Delete the third paragraph of Page One
WHEREAS, the City is still in violation of these requirements;
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and , adjust paragraph S to read "WHEREAS, the City realizes
that a concerted effort over a period of time would be
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required to remedy such situation", the 9th paragraph of
Page One should real procedures shall be estab-
lished by resolution, and as prescribed by the American
Institute of Certified Public Accountants and the Municipal
P
Finance Officers Association, in order........".
Motion passed unanimously by roll call vote.
.� G-5:
Resolution No. 75-26 - Feasibility of, need for, and esti-
_
mated costs of Improvement District/Carl F. Ahlstrom S/D.
As there has been no written expression of need by the ,
property owners in the area for an Improvement District, i
Council felt the City should not proceed without consensus
of the property owners from the area in question.
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MINUTES, KLNAI CITY COUNCIL, MAY 21, 1975
PAGE 4
(G -S - Resolution No. 75-26 -- continued)
Councilman Steiner moved, seconded by Councilman Ambarian,
that Resolution No. 75-26 be tabled until such time a
written request for the City to proceed is received from
the property owners in the Carl F. Ahlstrom S/D.
Motion passed unanimously by roll call vote.
G-6: Resolution No. 75-27 - Commitment of the City of Kenai for
- maintenance of Beaver Loop Road when the State of Alaska
paves and develops the drainage system
Councilman Thomas moved, seconded by Councilman Steiner,
for the adoption of Resolution No. 75-27 with the amendment
that the Resolution read all of Beaver Loop Road..
The motion passed unanimously by roll call vote.
G
Councilman Morgan advised the Council that a representative
from the Office of the Governor had reported at the Chamber
of Commerce luncheon that both Forrest Drive and Beaver Loop
would be paved this construction season by the Department
of Highways.
G-7: Assignment of lease from Falcon Aviation to Raven Transit
This constitutes the lease of counter space in the Kenai
Municipal Airport terminal and the assignment of this
lease from Falcon Aviation to Raven Transit until the j
expiration date of the lease of June 30, 1975.
Administration recommended authorization.
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' Councilman Steiner moved, seconded by Councilman Thomas,
for approval of Assignment of Lease from Falcon Aviation
to Raven Transit.
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Motion passed unanimously with roll call vote with j
Councilman Hudson abstaining.
G-8: Ordinance 264-75 - Presentation of 1975-76 Budget
City Manager. R. D. Lynn, in his budget message to the
Council advised that the proposed 1975-76 budget would
require an 18.9 Mill levy, 3% Sales Tax and 33% increase
in water/sewer rates if so adopted.
Councilman Ambarian moved, seconded by Councilman Morgan,
for introduction of Ordinance 264-7S with the following
amendment: page 2 -- show a break between the Fire
Department and Communications (Fire Department $290,475
and Communications $76,977)
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MINUTES, KENAI CITY COUNCIL, MAY 21, 1975
(G-8: Ordinance 264-75 -- continued)
Motion passed by roll call vote.
The Public. Hearing on the budget will be held on
Wednesday, June 4, 1975.
G-9: Ordinance 266-75 - Water/Sewer Rate Increase
PAGE 5
This Ordinance,if adopted, would increase the water/
sewer rates by 33%.
Councilman Steiner stated that he felt it was not necessary
to declare an emergency in the enactment of this Ordinance.
Councilman Ambarian moved, seconded by Councilman Steiner,
for the introduction of Ordinance 266-75, with the amend-
ment "and declaring an emergency" be deleted from the
Ordinance.
Motion passed unanimously with roll call vote.
G-10: Ordinance 267-75 - Sales Tax Increase
This Ordinance entails increasing the present sales tax
levy from one percent to three percent. The percentage
would be broken down as follows: 1% - Municipal Operations,
1S - debt service and 1t to eliminate prior years' deficit.
Councilman Steiner moved, seconded by Councilman Thomas,for
the introduction of Ordinance 267-75, with the amendment
of the Ordinance by deleting the words "and declaring an
emergency".
Motion passed unanimously by roll call vote.
G-11: Naming of new bridge and access road i
At the request of the State Highway Department so that
appropriate signs could be prepared, the Kenai Planning $
Zoning Commission was asked to select a name for the new
bridge and access road. The Planning Commission recommends
the following for Council approval:
Kenai River Bridge
Beluga Drive
Council felt that the name Beluga Drive was not within the
set standards for naming City streets and referred the
matter back to the Planning Commission for further discussion.
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MINUTES, KENAI CITY COUNCIL, MAY 21, 1975
PAGE 6
` (G-11: Naming of new bridge $ access road - continued)
Councilman Ambarian moved, seconded by Councilman Hudson,
to accept the Planning & Zoning Commission's recommendation ;
of naming the new bridge the "Kenai River Bridge".
Motion passed unanimously by Council.
Councilman Ambarian moved, seconded by Councilman Hudson,
that the naming of the access road be tabled and referred
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back to the Planning $ Zoning Commission.
i Motion passed unanimously by Council.
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G-12: AAI - Lease of airport lands or facilities r
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This lease from Alaska Aeronautical Industries is -for
renewal of space in the Kenai Municipal Airport terminal.
The lease is for a period of five years.
After reviewing the space allocated for AAI in the Terminal
Council felt there were some discrepancies in space leased
and referred the matter to Administration for determination
of the exact area being leased by AAI.
Councilman Hudson moved, seconded by Councilman Steiner, -
to table approval of the application for lease by AAI
until the exact area leased is determined.
Motion passed unanimously by roll call vote. .
G-13: Council approval - disposal of FAA housing; furniture
Administration recommended this item be tabled until such
time an inventory of FAA housing furniture could be made'
available for Council review. Decision approved unanimously
by Council.
G-14: Payment to contractor - Airport Fencing Project
Final inspection by the Public Works Director and
representatives of Wince-Corthell will be completed
at the end of this week.
Councilman Hudson moved, seconded by Councilman Steiner,
that payment be made to Aspeotis Construction in the amount
of $32,207.53. i
Motion passed unanimously by roll call vote.
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MINUTES, KENAI CITY COUNCIL, MAY 21, 1975
PAGE 7
G-15: Payment to Engineering Consulting firm - Airport Fencing
Project
As the engineering work on the Airport Fencing Project
has been completed, both Administration and the Public
Works Director, recommended that payment be made to the
Engineering Consulting Firm.
Councilman Hudson moved, seconded by Councilman Steiner,
that payment in the amount of $3,000 be made to Wince-
Corthell for their services on the Airport Fencing Project.
Motion passed unanimously by roll call vote.
G-16: Airport Lighting Control Panel Project
Public Works Director, Phillip Aber, advised the Council
that the City had advertised for bid on the Airport Lighting
Control Panel Project and had received no responses. Mr.
Aber reported that it was agreeable with the FAA for the'City
to negotiate with a contractor.
Councilman Hudson moved, seconded by Councilman Morgan,
that the City Manager negotiate with a local firm, if possi-
ble, or a firm to complete the wiring.
Councilman amended his motion to state "...City Manager
negotiate with a licensed contractor.....". Amendment
approved by Councilman Morgan, who had seconded the motion.
Motion passed unanimously by roll call vote.
H: REPORTS
H-1: City Manager's Report
City Manager, R. D. Lynn, reported that he had filed an
impact Statement with the State and it is presently being
reviewed. He felt he would have some type of answer next
week.
Regarding the CAP Hangar -- work was being planned to
fulfill the City's commitment on the original agreement
with the Civil Air Patrol.
After completion of the budget, Finance Department should
finalize BOR projects for reimbursement to City.
H-2 City Attorney's Report
Contacted Carl Walter, Anchorage Attorney, with regard
to Kenai Property Owners vs. City. Motion to dismiss case
9
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MINUTES, KENAI CITY COUNCIL, MAY 21, 1975 PAGE 8
(H-2 - City Attorney's Report -- continued)
will be heard July 2, 1975. If mo+iter is granted, we will
file foreclosure action on an addi,ioral $70,000 to $100,000
in assessments. If motion is denied, foreclosure proceedings
°! will be kept in limbo until hearing outhe merits.
George Filler Case (Civic Center) - trial will be held on
July i, iris, in Anchorage and will be handled by attorney
Karl Walters.
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The typing of the code has been finalized. Indexing and
table of contents is underway.
i
City has received only one response to advertisement for
Attorney -- applicant not a member of the Alaska State Bar.
Legal Department has instituted the initial step in assess-
ment foreclosures by sending out letters that would amount
I to in excess of $150,000.
H-3: Mayor's Report
No Mayor's Report
H-4:
City Clerk's Report
No City Clerk's Report
H-5: Finance Director's Report
An additional $20,000 in assessments has been turned over to
the City Attorney for legal action.
Peat, Marwick, Mitchell & Co. will be conducting interim
type work in the City during the middle part of July and
will return the middle of August to conduct the audit.
The statements should be out by September 30, 1975.
The April Financial Statement will be typed within the next
two days and distributed to Council upon completion.
H-6: Planninf. & Zoning Commission's Report
The Chamber of Commerce has asked the aid of the Commission
in selecting a suitable site for their information center.
Vic Tyler requested permission to remove a mobile home
presently on his property and replace with a new one.
His application was denied and Mr. Tyler advised that he
would appeal the Commission's decision.
Two preliminary plats were approved. One final plat approved.
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�w�T_ .. _. V � i n u uu i - -- - - - = -• - � -- �---rte-. ...�..�sr�oa:, . • •i.� � :'74,. ie�acw�i a i �T � � . _. .
MINUTES, KENAI CITY COUNCIL, MAY 21, 1975 PAGE 9
H-7: Borough Assemblyman's Report
Councilman Steiner reported on the actions of the
Borough Assembly at their meeting of May 20, 1975.
Several Ordinances for introduction and hearing were
presented to the Assembly as well as action taken on
various school matters including confirming the results
of the Special Election of February 25 - School Bond Issue -
and approval of expenditures for school construction
and purchase of lands for school use.
Mr. John Noyce and Mrs. Beverly Fillio were confirmed
as new members of the Kenai Peninsula Borough Planning
Commission. The Assembly also unanimously passed the
rezoning within the City limits of Kenai for a Conservation
area.
Ordinance providing $10,000 Property Tax Exemption
for Residences failed to make introduction.
The Assembly also voted in favor of exempting banks and
savings institutions from charging a 3% sales tax on
services provided to their customers.
I: PERSONS PRESENT NOT SCHEDULED TO BE HEARD
None
There being no further business, the Regular Meeting of the Council
of the City of Kenai adjourned at 10:00 p.m.
I
Respectfully submitted,
Sue L. Peter, Act ng City Clerk
IIIR aRPRimb w {
�! r•---:_::.- - --. �. , �_ — .- -� a< aar�.x:,snr- cn,weaewlnal
CITY OF KENAI
` RESOLUTION NO. 75-24
I -
I
A RESOLUTION OF THE KENAI CITY COUNCIL FIXING TAXICAB
RATES FOR THE CITY OF KENAI
BE IT RESOLVED by the Council of the City of Kenai, Alaska.,
that the following schedule of rates shall constitute the legal charges for
the respective taxicab services within the City of Kenai.
i'
$12.00 Charter per hour a
tf
I
.00 Per mile }
i .05 Per flag -drop
j .20 Per minute
!
.10 Per one -ninth mile
. f
!
DATED: At Kenai, Alaska this day of 1075,
CITY OF KENAI
i
► - ATTEST:
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Acting City Clerk
JAMES A. ELSONa Mayor
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WINCE a CO IRTHELL % ASSOCIATES
CONSULYING ENGINEERS
P.O. Dox 3.394 274.1043
.� ANCHORAGE, ALASKA
I - 99501
May 14, 1975
Our Job 75-4
I
City of Kenai
Box 580
Kenai, Alaska 99611
Subject: Engineering Services
ADAP 8-02-0142-02
Gentlemen:
.I
Please consider this our invoice for services provided under out contract dated
February 17, 1975. .
p0
Final Design �� �GNG, $5100.00
. (Section G. Item 2)
Balance Forward 4/11/75 3000.00 )
Total Due99rt�8— {
I certify that these are true and correct charges and that no payment therefore
has been received.
! - WI NCE - COIR/�T//N/HELL Assoc. ,
1 i
.. Alan N. Cortheii, P.E.
ANC/swc
k pbu\ r.
Philip W. Sryron, P.1. John L.Cerulri, P.L.. Alan N. Corlholl, P.1. Nah O 91oINod, P.1. Frank W. Wirca, P, E, i
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WINCE • CORTHELL & ASSOCIATES
CONSULTING ENGINEERS
O. !os 7.794 271.1813
h ANCHORAGE, ALASKA
99501
City of Kenai
P. 0. Box 580
Kenai, Alaska 99611
Project: Kenai Airport Security Fencing
ADAP Project No. 8-02-0142-02
Dear Sirs:
May 28, 1975
Our Job N 73-1
Please consider this invoice in the amount of $2,377,49 as compensation for
basic engineering services performed and now payable in accordance with Sec-
tion B of our Agreement for Engineering Services for the subject project.
Invoice Computation
Construction cost to May 15, 1975 (P.C.E. #5) $299,840.78
Basic Engineering Fee - 6.8% x construction cost
- Total due at may 15, 1975, 5299,840.78 x 0.068 ca $20,389.17
Less previous payments 18.011.68
Now Due A 2, 377-49
I certify that the above charges are true and correct and that payment therefor
a has not been received.
Wince - Corthell Err Assoc.
' t
rank W. Wince
- = FWW/swc
a
f' Philip W. Bryson, F. E, John L. Caratti, R E.
1'
4 a
Alan N. Corihrll, P. t, Nd, O Klel,tod, P. E.
Fronk W. Wince, P E,
'
yy
WINCE • CORTHELL & ASSOCIATES
CONSULTING ENGINEERS
O. !os 7.794 271.1813
h ANCHORAGE, ALASKA
99501
City of Kenai
P. 0. Box 580
Kenai, Alaska 99611
Project: Kenai Airport Security Fencing
ADAP Project No. 8-02-0142-02
Dear Sirs:
May 28, 1975
Our Job N 73-1
Please consider this invoice in the amount of $2,377,49 as compensation for
basic engineering services performed and now payable in accordance with Sec-
tion B of our Agreement for Engineering Services for the subject project.
Invoice Computation
Construction cost to May 15, 1975 (P.C.E. #5) $299,840.78
Basic Engineering Fee - 6.8% x construction cost
- Total due at may 15, 1975, 5299,840.78 x 0.068 ca $20,389.17
Less previous payments 18.011.68
Now Due A 2, 377-49
I certify that the above charges are true and correct and that payment therefor
a has not been received.
Wince - Corthell Err Assoc.
' t
rank W. Wince
- = FWW/swc
a
f' Philip W. Bryson, F. E, John L. Caratti, R E.
1'
4 a
Alan N. Corihrll, P. t, Nd, O Klel,tod, P. E.
Fronk W. Wince, P E,
i.,.._. _.k--.�"""" •-_.: .. w '_"_s..•s...—.�.a.y...z....` � ::_. —. _..�j�-,;,.a„'_n .�i nni,. . ..:., ��i ��b � i . �lirl I II I It, .-� �
WINCE 9 CORTHELL & ASSOCIATES
CGNSULTING ENGINEERS
P.O. a*& 9.394 274.1043'
ANCNORAGE, ALASKA
99501
May 6, 1975
Our Job X173-1
City of Kenai Ii
P. 0. Box 580 . '
'' Kenai, Alaska 99611• !�
Project: Kenai Airport, Security Fencing
ADAP Project No, 8-02-0142-02
• Dear Sirs:
Please consider this=invoice in the amount of $1323.25 as compensation for resident 1
inspection services, including construction staking, performed in accordance with F .
' Section C of,our Agreement for Engineering Services, during April 1973 for the
subject.
' Summary of Services I
046I NEER .
Resident Inspection, Officer of firm 34.hrs. 0 27.00 $918.00 ,
k - SURVEY '
2 -pian party 1.0 hr. A 31.50 t. 31.50 1
3 -Man party 13.5 hrs . A 42.50 5�..,-i3 . .,
M Total this Invoice .$1523,25
} I certify that the above charges are true and correct and"that payment therefor
has not been received.
Very truly yours,* • .
01
WIN6E oo. CORTHEI.4 6 Assoc: •
Prank W. Wince ' ` ' • .
WSW
4 r • ' 1' E Jafit► L. �fr�lti. PIE.. Atan N. Ca1haU. P: E. • W111 06 K19141.4. R R. #4.g i I wd.*; ii
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May 23, 1975
Inventory on the F.A.A. Houses
100
1. 9 by 12 rug
101 J
1. Dresser - metal, with 4 drawer's
2. 9 by 12 rug
102
1. Mangle
2. 4 - dressers - metal, 4 drawers
' 3. 2 - sets double bed springs
4. 1 night stand. - metal .
S. 1 - rug -11 by 14
103
1. 1 -chair -,-wood, upholstered seat
2. 1-mirror-36by 40
3. 1 -dressing table- metal
4. •1 -desk-, metal
S. 1 -single bed frame
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1. 3 -chairs-, woo4,upholstered seat
2. 1 -electric range
3. 1 -dresser, - metal, 6 drawers
4. 2 -night stands, metal
S. I- coffee table
6. 1 -dresser, - metal, 4 drawers
7. 1 -ironing board
airport terminal bldg.
1. 2 -desks, -wood
These desks came from the F.A.A. houses.
2
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FISHER & HORNADAY
'
Mayor, City Council &
ATTORNEYS
T®
City Manager
Box 397
Box 580
Professional Building
i
Kenai, Alaska
Kenai, Alaska 99611
Phone 283-7565
•
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DATd.O .TU119- _Z5-- SUBJECT
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Enc l sed is a copy of a letter from Rep.
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Hugh Malone to George Day, °
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with o ants on the L3gislative program.
5
Since,
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JAMES ORNADAY
--
Chambe gislative Committee
5
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SIG IdEU
UATL OF
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SIGNED
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April 19, 1975
Nr. George Day
President
Kenai Chamber of Commerce
P.O. Box 497
Kenai, Alaska 99611
Dear Mr. Day:
Please excuse the delay in answering your letter on the status of
the Kenai Chamber of Commerce legislative program. Most of the
problems to which you refer require substantial accounts of state
funding. At this time we have a projection of 550 million dollars
available in cash to the State through FX176, and over 580 Trillion
dollar budget requests. So the amount of progress on the progran.
will depend to a large extent on whether or not this session of the
legislature solves the state's financial problems. .We must find
major new sources of revenue for the State of Alaska if we are to
expand any programs.
I would think that the present State programs in stream rehabilitation
and fisheries development will continue. -This is a priority as ex-
pressed by the last legislature and also by this legislature. Fishing
Industry has a major potential in the State but it must be developed.
It is renewable resource that can be with us forever. '
On the question of additional return of State Revenues I would say
that without major new sources of state revenues available to the
State we can only hope for marginal improvements of the state revenue
sharing system. The House Finance Committee has reported out a Senate
Bill which would increase the revenue sharing for fire protection by
50% raising it to $7.50 per capita from the present rate of $5.00.
I would like to see a major increase in revenue sharing to municipalities
In Alaska. I think this increase should be on the order of 50$ to
account for inflation since the program was instituted. I;
Regarding the upgrading and paving of the Beaver Loop and Forrest
Drive Roads, I am in communication with the Commissioner of Highways
on this subject. Also, I will report at that time on the status
of the Kenai Spur project.
I
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'�•�411 �sI I I' I
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Civic Center funding is not in the cards rir-ht now. If we can
get the State i.evenuac problens straifhteneu out the best way to
handle this would be throur•h a state reneral obligation bond issue
on tno 1976 ballot. As you know, previouc stato bond issues pro-
viding for Civic Center construction tr rour bout Alaska was heart.w%:ly
defeated twice by Use voters, once in 1972 and again in 1973. I
would say that chance3 of getting a direct appropriation for thin
purpose are not good since it is not one of the major priorities
facing the State of Alaska. I would hope that we could perhaps rot
some planning money set up for these things.
Regarding the harbor Construction - as you know, cork started on a
small boat area in the Kenai 'rover. Additional funds are made
available in the 1972 bond issue. I do this this legislature will
make sufficient funding available so that we will have a decent snall
boat harbor in the Kenai River in the near future. A i•,edium Draft
FFarbor is another question. I have been in communication with the
Division of Water and Harbors on this subject and am now awaiting
their reply.
1'o sum things up, I have to tell you plainly at this tire the major
new expenditures either for new programs or capital projects cannot
be sustained by the state's current financing:. Ia fact, the state's
present budget cannot be sustaiued by the state's present revenues.
I hose we can solve this problem during this session of the legislature.
If we can do this, we can begin to meet the needs that you express.
Sorry to be so bleak..
Sincerely,
FHugh Malone
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REPRESENTATIVE 1\�
HELEN D. BEIRNE COMMITTEES
POUCH V HEALTH. EDUCATION
JUNEAU, ALASKA 99801 AND SOCIAL SERVICES
P.O. BOX 4-80
ANCHORAGE, ALASKA 99809 STATE AFFAIRS
�6aw of FV=mtdftv9
1 June 1975
James A. Elson, Mayor
City of Kenai
P.O. Box 580
Kenai, Alaska 99611
Dear Mayor Elson:
Early this month I introduced a proposed piece of legislation
(HB 478) which addresses some of the inequities in our statewide
taxing structure. Basically it would give the municipalities the
option to tax income and wages in reference to the provisions of
the State income tax which is in effect at that time. This would
allow for the levying of taxes on the wages of transient workers
and the income of seasonal self owned businesses such as fishing
boats, etc., as well as taxing the wages of the more permanent
wage earner and the net income of businesses.
At the same time as the municipality exercised its option to
tax wages and income it would phase out over a three year period
the use of the general property tax for such broad based public
needs such as education, transportation systems, health services,
libraries, hospital facilities and recreational facilities. By
the beginning of the third fiscal year of enactment the general
property tax would be used for only those purposes directly related
to protection and regulation of property or property values.
This bill also would repeal the gross business license tax
as the net income of the businesses with tax.
' On the first hearing of this bill before the Community and
Regional Affairs Committee, it was very apparent that the fear of
the revenue loss by the immediate repeal of the business license
tax was very real. Therefore a proposed committee substitute was
draw up which will be considered during the next Legislative
session. This committee substitute addresses itself to the major
components of the original bill but also addresses itself to a
gradual phasing out of the gross business tax.
The substitute bill would decrease the sum which is paid in
- a $25 license fee for each business, to a sum equal to one-fourth
rather than one-half of one percent of the gross receipts in
excess of $20,000 from the business during the year for which
the license is issued until January 1, 1977 and thereafter at a
rate of 1/8 of one per cent until January, 1979. The gross busi-
ness tax would be repealed in total by January 1, 1979.
I �
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It appears to me that a municipal tax structure of this sort
would decrease the inequitable property tax which now exists,
eliminate the regressive business license tax and place the re-
sponsibility of broad public activities on the wage earner and
net income where it belongs. It also appears to me that if it
is tied to the state income tax that it would not be that dif-
ficult or expensive to administer whether it was collected on
the state level and returned to the municipality or whether it
was collected by the municipality itself.
I would appreciate it if you would look over the original
F bill and the proposed draft of the committee substitute and let
me know what you think of this concept. If you have time to
address yourself to this question I would like to have any comments
sent to my Anchorage address which is Box 4 -BB, Anchorage, Alaska,
sometime during the summer or before the next Legislative session
in January. Thank you very much for your consideration of this
matter.
Sincerely,
Helen D. Beirne
Encl: HB 478
Draft of proposed CS
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the date when it becomes effective.
2;
ARTICLE 7. MUNICIPAL WAGE TAX.
3
Sec. 29.53.500. MUNICIPAL WAGE TAX. (a) A municipality may by
i
41
ordinance levy and collect a wage tax on all wages earned by employees
s
within the municipality.
6
(b) Wages are earned within a municipalLty if the wages are earned
71
for work done or for services performed within the municipality.
eh
1
(c) Exemptions from the tax may be grants! by the municipality. `
9-
Sea. 29.53.510. RETURNS AND THE PAYMENT OP TAX. (a) On or before .
10j
i
April 15 of each year, each employee subject to a tax shall make and
`
11
file a return pregcribed by the municipality on wages earned during the
`
12
I
previous calendar year setting out the wages earned within the munici-
13
pality, the amount of tax due or overpayment of the tax, and other
-
14
information required by the municipality.
Is 1
<
(b) The total amount of tax is due and payable on or before
16
April 15 of each year for wages earned within the municipality for the t
previous calendar year.
Sec. 29.53.520. CREDITS. (a) A municipality may provide for
19
credits against the tax authorized in sec. 500 of this chapter of other
_
20
_
taxes paid to that municipality.
21
,
(b) The amounts deducted and withheld under see. 530 of this
22
chapter during a calendar year shall be allowed as a credit to the
23
--
employee against the tax levied by the municipality.
_ ... ..
24
(o) All payments made to the municipality or to another municl-
25
pality in the state for municipal income tax is a credit to the employee
26
against the wage tax.
27
Sec. 29.53.530. WITHHOLDING. (a) Every employer maintaining an
�.
28
-
office or transacting business within the state and making payment of
29
wages taxable by a municipality shall withhold and deduct a tax from
HB 476 -2-
4
1 failure continues. The penalty may not exceed 25 per cent in the
2 aggregate.
3 (b) When the tax levied becomes delinquent, it bears interest at
4 the rate of eight per cent a year.
S Sec. 29.53.570. LIEN. (a) If a person who is liable to
pay a tax
6 neglects or refuses to pay the tax after demand, the amount (including
penalty and interest) is a lien in favor of the municipality upon all
8 property, and rights to property, real or personal, belonging to the
9
person.
t0
(b) The lien arises at the time of delinquency and continues until
it
the liability for the amount is satisfied or the lien is foreclosed.
12
Sec. 29.53.580. PRIORITY AND ENFORCEMENT OF TAX LIENS. The
13
priority of and the procedures for enforcement of tax liens set out in
14
AS 43.20.240 - 43.20.270 apply to taxes levied under sec. 500 of this
�' IS
chapter except enforcement is by the municipality.
16
Seo. 29.53.590. DEFINITIONS. In this chapter:
17
(1) "employee" means those employees defined in sec. 3401 of
W
the United States Internal Revenue Code as that definition exists on the
19
effective date of this Act;
20
(2) "employer" means those employers defined in sea. 3401 of
21
the United States Internal Revenue Code as that definition exists on the
" 22
23 effective date of this Act;
-_
24 (3) "wages" means those wages defined in sec. 3401 of the
25 United States Internal Revenue Code as that definition exists on the
26 effective date of this Act.
*
27 Sec. 2. AS 43.20.290.is amended to read:
Sec. 43.20.290. EXCLUSIVE STATE AUTHORITY. Except as provided in
28
29 AS 29.53.470 - 29.53.590, no [NO] tax may be levied and collected upon
the net income of resident or nonresident individuals by a general law
�I
j HB 478 -4-
N-OTICE
PLEASE DISREGARD PREVIOUS IMAGE.
DOCUMENT HAS BEEN REFILMED ON
FOLLOWING FRAME.
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Introduced: 5/3/75
Referred: Community & Regional
Affairs and Finance
BY H.BEIRNE,FISCHER,SULLIVAN
11N
THE HOUSE AND SWANSON
2
HOUSE BILL NO. 478
3
IN THE LEGISLATURE OF THE STATE OF ALASKA I
4
NINTH LEGISLATURE - FIRST SESSION
5
A BILL
6 Por
an Act entitled: "An Act relating to municipal tax; repealing the Alaska
7'
Business License Tax; and providing for an effective
8
date." -
913E
IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
10
s Section 1. AS 29.53 is amended by adding new sections to read:
11;
ARTICLE 6. MUNICIPAL INCOME TAX.
12
Sea. 29.53.470. AUTHORIZATION. A municipality may by ordinance
13
adopt an income tax which incorporates by reference the provisions of
14
the state income tax in effect at the time of adoption and as subse-
quently amended. The rate of tax shall be a percentage, as prescribed
i 16
by ordinance, of the tax liability determined for state income tax
purposes.
18.
Sec. 29.53.480. ADMINISTRATION. The income tax imposed under
19
sec. 470 of this chapter shall be administered by the Department of
20
Revenue. Taxes collected under a municipal income tax shall be distri-
buted to the municipality imposing the tax after deduction by the !
22
'
department of an amount sufficient to cover the necessary and legitimate
23
__-_....
additional expenditures incurred by the department in administering the
2A
tax. The regulatione promulgated relating to state income tax shall
- - -' 25
apply to munloipai income tax except when in the judgment of the com-
". i 26
!
missioner particular regulations would be inconsistent or not feasible
27
to administer if applied to municipal income tax.
28
,.
Sea. 29.53.490. CERTIFICATION. A municipality adopting an income
29
tax shall certify to the Department of Revenue the rate of the tax and
-1- HB 478
I the date when it becomes effective.
2 ARTICLE 7. MUNICIPAL WAGE TAX.
311 Sec. 29.53.500. MUNICIPAL WAGE TAX. (a) A municipality may by
4 ordinance levy and collect a wage tax on all wages earned by employees
S within the municipality.
6 (b) Wages are earned within a municipally if the wages are earned
7. for work done or for services performed within the municipality.
e' (c) Exemptions from the tax may be granted by the municipality.
91 Seo. 29.53.510. RETURNS AND THE PAYMENT OF TAX. (a) On or before
IM
I April 15 of each year, each employee subject to a tax shall make and
11 file a return prebcribed by the municipality on wages earned during the
12
previous calendar year setting out the wages earned within the munici-
13
pality, the amount of tax due or overpayment of the tax, and other
14 information required by the municipality.
IS
(b) The total amount of tax is due and payable on or before
16
April 15 of each year for wages earned within the municipality for the
17
previous calendar year.
le
See. 29.53.520. CREDITS. (a) A municipality may provide for
19
credits against the tax authorized in sec. 500 of this chapter of other
20
taxes paid to that municipality.
21 ,
(b) The amounts deducted and withheld under sec. 530 of this
221
chapter during a calendar year shall be allowed as a credit to the
23
E employee against the tax levied by the municipality.
24
(c) All payments made to the municipality or to another munici-
25
pality in the state for municipal income tax is a credit to the employee
26
against the wage tax.
27
See. 29.53.530. WITHHOLDING. (a) Every employer maintaining an
28
office or transacting business within the state and making payment of
29
wages taxable by a municipality shall withhold and deduct a tax from
HS 478 -2-
a
I each of his employae'3 wages in an amount equivalent to the amount of
2 tax due on the wages for that year. The manner and amount of tax to be
3 withheld shall be prescri3ed by the municipality imposing the tax.
4 (b) Every employer required to deduct and withhold a tar, under
S this section shall fale a return and pay over the tax in the manner and
6 at this times i 1
Prescribed by the mon. aipali.ty.
7 (a) Every employer required to deduct and withhold a tax under I
a this sec:iot. from the wages of an employee shall furnish to each em- '
9 !
ployee on or before February 1 of each year a statement prescribed by
Io
the municipality letIng out the total amount of wages paid by the
If
employer to the employee, the miount of wages earned within the munici-
12
pality, the amount of tax deducted and withheld, and other information
13
the municipality may require.
14
flee. 29,53.540. REFUNDS. A munioi.pality may refund overpayment of
IS
tax, taxes crroneously or illegally assessed or collected, penalties
16
collected without authority, an9 taxes that are fo4nd unjustly assessed.
17
or excessive in amount, or otherwise wrongfully collected.
18
19 Sec. 29.53.550. APPEALS. (a) A person aggrieved by the action of
20 a municipality in fixing the amount of tax or imposing a penalty may
21
appeal to the municipality. The municipality shall provide the proee-
22 Jure for appeals including the time in which appeals may be taken,
23 notice, hearing and decision.
24 (b) Within 30 days after a decision by the municipality after
25 a hearing, a person aggrieved by the decision may appeal to the superior
court.
26
27
Sec. 29.53.560. PENALTY AND INTEREST. (a) If an employer or
28 employee fails to file a return or pay a tax on the date required by the
29 municipality, a penalty shall be added to the tax not to exceed five per
cent of the tax for each month or fraction of the month during which the
-3- HS 478
a
I
nr��irr�m u.�m ��uuai o
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I failure continues. The penalty may not exceed 25 per cent in the
2 aggregate.
3 (b) When the tax levied becomes delinquent, it bears interest at
4 the rate of eight per cent a year.
5 Sec. 29.53.570. LIEN.
(a) IP a person who is liable to pay a tax
6 neglects or refuses to pay the tax after demand, the amount (including
7 penalty and interest) is a lien in favor of the municipality upon all
8 property, and rights to property, real or personal, belonging to the
9
person.
to
(b) The lien arises at the time of delinquency and continues until
t1 the liability for the amount is satisfied or the lien is foreclosed.
12
See. 29.53.580. PRIORITY AND ENFORCEMENT OF TAX LIENS. The
13
priority of and the procedures for enforcement of tax liens set out in
14'
AS 43.20.240 - 43.20.270 apply to taxes levied under sec. 500 of this
15-
chapter except enforcement is by the municipality.
16
Bea. 29.53.590• DEFINITIONS. In this chapters
1?
(1) "employee" means those employees defined in sea. 3401 of
i8
the United States Internal Revenue Code as that definition exists on the
19
effective date of this Act;
24
(2) "employer" means those employers defined in see. 3401 of
21
the United States Internal Revenue Code as that definition exists on the
22
effective date of this Asst;
23_
(3) "wages" means those wages defined in sea. 3401 of the
United States Internal Revenue Code as that definition exists on the
25
effective date of thle Act.
26
w
27 Sec. 2. AS 43.20.290.is amended to read:
Sec. 43.20.290. EXCLUSIVE STATE AUTHORITY. Excent as -provided in
26
AS 29.53.470 — 29.53.590, no (NO] tax may be levied and collected upon
29
the net income of resident or nonresident individuals by a general law
HB 478 -4-
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city or by a home rule city or any other political subdivision of the
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state.
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• Sec. 3. AS 29.53.050 is amended to read:
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Sec. 29.53.050. TAX LIMITATION. No municipality may levy and
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tax for any purpose in excess of three per cent of the assessed valua-
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tion of property within the municipality in any one year. A munici-
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nality which levies an income tax or a wase tax may not use Proceeds of
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the general Property tax
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(1) for education during the first fiscal year following
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adoption of a municipal income tax or wase text.
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(2) for education. transportation systems. health services
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and hospital facilities. libraries or, recreation facilities during the
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second fiscal year fol jk?!qjg adoptf?n of a municipal; income tax or wage
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ax:
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(3) for any of the purposes listed in (2) of this section or
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for any other purposes not specified by the aovernina body of the
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munieivality by ordinance as being directl.v related to protection or
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regulation of property or property values after the expiration of the
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second fiscal year followinf adoption of a municipal income tax or wage
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tax; if the aovernina body determines a purpose is only so related in
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part„ it may determine in the ordinance a percentage of the cost which
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may be borne by general property tax.
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* Sec. 4. AS 43.70 is repealed.
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* Sec. 5. This Act takes effect immediately in accordance with AS 01.10.-
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)7O(c).
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1 -5- HB 478
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■ ,�=•��`■ .I ii-^•,a•ui�;��i'nnnca`�::s�icL..�,�L�•"�..... - - �'--•—�Mtsu�llVYF•L aaua �.-1 ._ 'u - �-_—_.__.._
)riginal sponsor: H. Beirne, Fischer,
i Sullivan and Swanson
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BY THE COMMUNITY AND
1 ;{N THE HOUSE REGIONAL AFFAIRS COMMITTEE
2;
CS FOR HOUSE BILL NO. 478
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IN THE LEGISLATURE OF THE STATE OF ALASKA
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NIM LEGISLATURE - FIRST SESSION
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.A BILL
e'ior an Act entitled: "An Act relating to municipal tax; and the Alaska
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Business License Tax; and providing for an effective
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date."
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i IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
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• Section 1. .AS 29.53 is amended by adding new sections to read:
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ARTICLE 6. MUNICIPAL INCOME TAX.
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Sec. 29.53.470. AUTHORIZATION. A municipality may by ordinance
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adopt an income tax which incorporates by reference the provisions of
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the state income tax in effect at the time of adoption and as subse-
quently amended.. The rate of tax shall be a percentage, as prescribed
•16
by ordinance, of the tax liability determined for state income tax
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purposes.
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See. 29.83.480. ADMINISTRATION. The income tax imposed under
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sec. 470 of this chapter shall be administered by the Department of
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Revenue. Taxes collected under a municipal income tax shall be distri-
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bated to the municipality imposing the tax after deduction by the
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department of an amount sufficient to cover the necessary and legitimate
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additional expenditures incurred by the department in administering the
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tax. The regulations promulgated relating to state income tax shall
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apply to municipal income tax except when in the judgment of the com-
. 2e
missioner particular regulations would be inconsistent or not feasible
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to administer if applied to municipal income tax.=t:.�•'`
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Seo. 29.53.490. CERTIFICATION. A municipality adopting an income
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tax shall certify to the Department of Revenue the rate of the tax and
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the date when it becomes effective.
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ARTICLE 7. MUNICIPAL WAGE TAIL.
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Sec. 29.53.500. MUNICIPAL 41AGE TAX. (a) A municipality may by
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ordinance levy and collect a wage tax on all wages earned by employees
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within the municipality.
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(b) Wages are earned within a municipality if the wages are earned
for work done or for services performed within the municipality.
(c) Exemptions from the tax may be granted by the municipality.
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Sec. 29.53.510. RETURNS AND THE PAYMENT OF TAX. (a) On or before
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" April 15 of each year, each employee subject to a tax shall make and
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Pile a return prescribed by the municipality on wages earned during the
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previous calendar year setting out the wages earned within the munici-
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pality, the amount of tax due or overpayment p yment of the tax, and other
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information required by the municipality.
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IS
(b) The total amount of tax is due and payable on or before
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April 15 of each year for wages earned within the municipality for the
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previous calendar year.
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Seo. 29.53.520. CREDITS*. (a) A municipality may provide for
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credits against the tax authorized in sec. 500 of this chapter of other
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taxes paid to that municipality.
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(b) The amounts deducted and withheld under sec. 530 of this
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chapter during a calendar year shall be allowed as a credit to the
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employee against the tax levied by the municipality.
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(o) All payments made to the municipality or to another munici-
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pality in the state for municipal income tax is a credit to the employee
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against the wage tax.
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See. 29.53.530. WITHHOLDINO. (a) Every employer maintaining an
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office or transacting business within the state and making payment of.'*
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wages taxable by a municipality shall withhold and deduct a tax from •;�;,
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each of his employee's wages in an amount equivalent to the amount of
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tax due on the wages for that year. The manner and amount of tax to be
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withheld shall be prescribed by the municipality imposing the tax.
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(b) Every employer required to deduct and withhold a tax under
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this section shall file a return and pay over the tax in the manner and
e'at
the time prescribed by the municipality.
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(a) Every employer required to deduct and withhold a tax under
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this section from the wages of an employee shall furnish to each em -
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ployee on or before February 1 of each year a statement prescribed by
1c,
the municipality setting out the total amount of wages paid by the
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employer to the employee, the amount of wages earned within the muniai-
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pality, the amount of tax deducted and withheld, and other information
the municipality may require.
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Ssa. 29.53.540. REFUNDS. A municipality may refund overpayment of
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As
tax, taxes erroneously or illegally assessed or collected, penalties
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collected without authority, and taxes that are found unjustly assessed
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or. excessive in amount, or otherwise wrongfully collected.
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Seo. 29.53.550. APPEALS. (a) A person aggrieved by the action of
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a municipality in fixing the amount of tax or imposing a penalty may
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appeal to the municipality. The municipality shall provide the proce-
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lure for appeals including the time in which appeals may be taken,
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notice, hearing and decision.
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(b) Within 30 days after a decision by the municipality after _
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a hearing, a person aggrieved by the decision may appeal to the superior
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court.
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Sec. 29.53.560. PENALTY AND INTEREST. (a) If an employer or .%. .,.
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employee falls to file a return or pay a tax on the date required by -the
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municipality, a penalty shall be added to the tax not to exceed five per
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cent of the tax for each month or fraction of the month during which the
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1 failure continues. The penalty may not exceed 25 per cent in the
2 aggregate.
3 (b) When the tax levied becomes delinquent, it bears interest at
4the rate of eight per cent a year.
s Seo. 29.53.570. LIEN. (a) IP a person who is liable to pay a tax
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neglects or refuses to pay the tax after demand, the amount (including •
7 penalty and interest) is a lien in favor of the municipality upon all
property, and rights to property, real or personal, belonging to the
9 person. .
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(b) The llen.arises at the time of delinquency and continues until
tl the liability for the amount is satisfied or the lien is foreclosed.
IZ Sec. 29.53.580. PRIORITY AND ENFORCEMENT OF TAX LIENS. The
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priority of and the procedures for enforcement of tax liens set out in
14 AS 43.20 .240 - 43.20.270 apply to taxes levied under sec. 500 of this
15 chapter except enforcement is by the municipality.
1e Sec. 29.53.590. DEFINITIONS. In this chapter:
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(1) "employee" means those employees defined in sec. 3401 of
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the United States Internal Revenue Code as that definition exists on the
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effective date of this Act;
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(2) "employer" means those employers defined in sec. 3401 of `
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the United States Internal Revenue Code as that definition exists on the
22 effective date of this Act;
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(3) "wages" means those wages defined in sec. 3401 of the
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United States Internal Revenue Code as that definition exists on the
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effective date of this Act. a
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2' • Sec. 2. AS 43.20.290 is amended to read:
Sec. 43.20.290. EXCLUSIVE STATE AUTHORITY. Except as provided in
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AS 29.53.470 - 29.53.590, no [NO] tax may be levied and collected upon
29
the net income of resident or nonresident individuals by a general law
CSHB 478 -4-
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city' or by a home rule city or any other political subdivision of the
state.
* Sea. 3• AS 29.53.050 is amended to reads
Sec. 29.53.050. TAX LIMITATION. No municipality may levy and
tax for any purpose in excess of three per cent of the assessed valua-
tion of Property within the municipality in any one year. A munici-
pality which levies an income tax or a wage tax may not use proceeds of,
the general property tax
(1) for education during the first fiscal year following
adoption of a municipal income tax or wage tax;
(2) for education, transportation systems. health services,
and hospital facilities, libraries or recreation facilities durini� the
second fiscal year following adoption of a municipal income tax or wase,•
{3} for any of the purposes listed in (2) of this section or
for any other purposes not specified by the governing body of the
municipality by ordinance as -being directly related to protection or
Esulation of property or property values after the expiration of the
second fiscal year followinf, adoption of a municipal income tax or wage
tax; if the governing body determines a purpose is on3a .so related in
part, it may determine in the ordinance.a percentage of the cost which
may be borne by general property tax.
+► Sec. 4. AS 43.70.030(a) is amended to read: i
(a) The license fee for each business is,#25 plus a sum equal to
one-fourth LONE -HALF) of one per cent of the gross receipts in excess of
$20,000 from the business during the year for which the license is issued
tit ZY nLary 1. 1077 thereafter at a X&I of an -e ahth of ane flet
cent C, EXCEPT THAT ALL OROSS vOLUME IN EXCESS OF $100,000 A YEAR IS
TAXED AT THE RATE OP ONE-QUARTER OF ONE PER CENTS. The annual license
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DRAFT COi'Y WORK DRAFT COPY
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fee paid by a professional person to his professional board shall be
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credited against the initial fee required under this chapter.
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# Seo. 5. AS 43.70 is repealed.
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• See. 6. Section 5 of this Act takes effect January 1, 1979.
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• Sec. 8. Sections 1, 2, 3 and 4 of this Act takes effect immediately
6.-a accordance with AS 01.10.070(c).
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