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HomeMy WebLinkAbout1978-04-05 Council PacketKenai City Council Meeting Packet April 5, 1978 — ---,W— - _— — — KI!NAI CITY COU"(11, HF6111.AR %IFE 1'I':(1 APRIL ;, 1978 - 9:00 P.'1. KENAI PURIM! SAFETY IWIL1)1wG PLEDGE OF Ai.LEGIA'ICE ROLL : Al -1, AGE%DA APPROVAL Acceptance of Councilman traltrr Bwret'a lettrr of resignation Appointment of now member to Kenai City Couoeil to replace Councilmrnn `'trrrt HEARI%GS 1. Ordinance No. 394-78. Iiandatory Connection to City Public Srwoffrt Qvatrm 2. Renewal of beverage dispensary license - Rainbow Bar and Grill Renewal of retail dispensory license - Kenai -toe's Renewal of recreational site license - Peninsula Oilers PERSONS PRESENT SCHEDULED TO BE HEARD 1. Phil Bryson a Coral Seymour - Peninsula Oilers 2. MINUTES 1, tlinutes of the regular meeting of March 15, 1978 0 `4J 2. llinutes of the emergency special meeting of March 24, 1978 CORRESPONDENCE 1. Letter of resignation from Kenai Planning Commission - Mr. Dwain Gibson 2. OLD BUSINESS 1. Lease of City -owned Lands - Phil Bryson and Craig Freas 2. Kenai Police Oftieerso Association NEW BUSINESS 1. Bills to be paid - bills to be ratified 2. Ordinance No. 895-78, Providing for Enactment of Current Editions of Various Technical Uniform Codes S. Ordinance No. 398-78, Declaring Water Truck Surplus and Authorizing its Sale 4. Ordinance No. 397-78, Prescribing Functions of City Manager 4. Resolution No. 78-51, Rescinding Resolution 75-23 and 75-27, Maintenance of Forest Drive and Beaverloop d. Resolution No. 78-52, Transfer of Funds - Public Works/Supplies to Sewer Treatment Plant 7. Resolution No. 78-53, Amending Public Works Street Budget 4. Resolution No. 78-54, Declaring Old City.Ambulanee Obsolete and Authorizing Us bale or Transfer to Twin Cities Raceway 9. Resolution No. 78-55, Transfer of Funds - Legal Department 10. Resolution No. 78-58, Requesting Release of Airport Lends 11. Resolution No. 7847, Requesting the Congressional Delegation of the State of Alaska to take Action to Amend Section 404 of the Water Pollution Control Act 12. Resolution No. 7848, Accepting and Approving a Fortiori of the 111astor Pian 13. Resolution No. 7849, Acknowledging Receipt of Proposals for 1077-78 Audit and Authorising the Engagement of an Accounting Firm for that Audit 14. Lease of City -owned Lands: Joseph M. Roes dbe Performance Sales a Service 15. Lease of City -owned Lands: Robert L. Bergen 10. Lesso of City -owned Lnnds: Gerald Browning and Olen Henry 17. Discussion - City policy concerning Donations/Contributions to Specific interest Groups within the City of Kenai 18. Discussion - Boat Ramp and Adjacent Lands 19. Discussion - Reappraisal of City -owned Lands A. • B. C. D. E. F. G. _— — — KI!NAI CITY COU"(11, HF6111.AR %IFE 1'I':(1 APRIL ;, 1978 - 9:00 P.'1. KENAI PURIM! SAFETY IWIL1)1wG PLEDGE OF Ai.LEGIA'ICE ROLL : Al -1, AGE%DA APPROVAL Acceptance of Councilman traltrr Bwret'a lettrr of resignation Appointment of now member to Kenai City Couoeil to replace Councilmrnn `'trrrt HEARI%GS 1. Ordinance No. 394-78. Iiandatory Connection to City Public Srwoffrt Qvatrm 2. Renewal of beverage dispensary license - Rainbow Bar and Grill Renewal of retail dispensory license - Kenai -toe's Renewal of recreational site license - Peninsula Oilers PERSONS PRESENT SCHEDULED TO BE HEARD 1. Phil Bryson a Coral Seymour - Peninsula Oilers 2. MINUTES 1, tlinutes of the regular meeting of March 15, 1978 0 `4J 2. llinutes of the emergency special meeting of March 24, 1978 CORRESPONDENCE 1. Letter of resignation from Kenai Planning Commission - Mr. Dwain Gibson 2. OLD BUSINESS 1. Lease of City -owned Lands - Phil Bryson and Craig Freas 2. Kenai Police Oftieerso Association NEW BUSINESS 1. Bills to be paid - bills to be ratified 2. Ordinance No. 895-78, Providing for Enactment of Current Editions of Various Technical Uniform Codes S. Ordinance No. 398-78, Declaring Water Truck Surplus and Authorizing its Sale 4. Ordinance No. 397-78, Prescribing Functions of City Manager 4. Resolution No. 78-51, Rescinding Resolution 75-23 and 75-27, Maintenance of Forest Drive and Beaverloop d. Resolution No. 78-52, Transfer of Funds - Public Works/Supplies to Sewer Treatment Plant 7. Resolution No. 78-53, Amending Public Works Street Budget 4. Resolution No. 78-54, Declaring Old City.Ambulanee Obsolete and Authorizing Us bale or Transfer to Twin Cities Raceway 9. Resolution No. 78-55, Transfer of Funds - Legal Department 10. Resolution No. 78-58, Requesting Release of Airport Lends 11. Resolution No. 7847, Requesting the Congressional Delegation of the State of Alaska to take Action to Amend Section 404 of the Water Pollution Control Act 12. Resolution No. 7848, Accepting and Approving a Fortiori of the 111astor Pian 13. Resolution No. 7849, Acknowledging Receipt of Proposals for 1077-78 Audit and Authorising the Engagement of an Accounting Firm for that Audit 14. Lease of City -owned Lands: Joseph M. Roes dbe Performance Sales a Service 15. Lease of City -owned Lands: Robert L. Bergen 10. Lesso of City -owned Lnnds: Gerald Browning and Olen Henry 17. Discussion - City policy concerning Donations/Contributions to Specific interest Groups within the City of Kenai 18. Discussion - Boat Ramp and Adjacent Lands 19. Discussion - Reappraisal of City -owned Lands ?' _�aa►'"""�._, .. _ - - �. �liulrrnrru..w_aa i I I . � i n �I � I n� I I10.•-19I1�!!IJ!''��-:�,.,-w_- +._+,-mill .! -...__ 1J II_..S.L'L� .. .1 1. 3 20. Discussion - CEIP grant Applications - Muff and :taster Plan F 21. Discussion - Project Coordinator /Inspector for Upcoming Construction Projects 22. Application for Permit for Games of Chance and Skill: Kenai Chamber of Commerce 23. Statemgnt i8 - RA/Pe r (Airport Master Plots Study) - (4.084.33 H. REPORTS 6 Z - q 1. City Manager's Report i7 2. City Attorney's Report 3. Mayor's Report 4. City Clerk's Report = 3. Finance Director's Report S. Planning and Zoning Commission's Report 7. Kens! Peninsula Borough Assembly's Report MAYOR AND COUNCIL QUESTIONS AND ANSWERS I. i PERSONS PRESENT NOT SCHEDULED TO BE HEARD I f j ADJOURNMENT { S i' n i 1 k Ft i F r � w A t i I- - - __ 4� yytlgwlllt lL I I I T I i t vt-•t-R.,.� 4 M KI:R1t C't'1'71' tYdWCH. - ttCi:f!LAR 111.1.'I'l•';t: AI'itil. S. 07f, S' Of) Kh'NAt 1'tiltLi(= SAI, I- I -Y 1211ILDING Pi.Ciiri: Or ALLT:GIANCr A. ROM. CALL, AGI:%ttA APPROVAi. Accept+snra of Counuilmnn getter Sueet's latter of rmis nntion Appointment of net: mnnsber to Lentil City Council it: replace Couneillt.^ts :+r',•*'t • B, liCAtii�CS 1. Ordinaure No. 394-78, Mandatory Connection to City Public S(sWnr( syatata 2. Renewal of beverage dispetKnry license - llninboar liar and Cfriil Renewal of retail dispensary Ifeenre - Kenai .tar"r Renewal of recreational site license - Yeninrula fillers C. PERSONS PRESENT SCIMPULED TO BY HEARD I. 2. D. MINUTES 1. Minutes of the regular meeting of Moreh 15, 1978 2. Minutes of the emergency special meeting of March 24. 1978 E. CORRESPONDENCE 1. Letter of resignation from Kenai Planning Commission - Mr. Dwain Gibson 2. P. OLD BUSINESS 1. Lease of City -owned Lands - Phil Bryson and Craig Press 2. Kenai Police Officers' Association G. NEW BUSINESS 1. Bilis to be paid - bills to be ratified 2. Ordinance No. 895-78, Providing for Enactment of Current Editions of Various Technical Uniform Codes S. Ordinance No. 898-78, Doctoring water Truck Surplus and Authorizing its Sale 4. Ordinance No. 897-78, Prescribing Functions of City Manager 8. Resolution No. 78-81. Rewinding Resolution 75-28 end 78-27, Maintenance of Forest Drive and Aeaverloop 8. Resolution No. 78-82. Transfer of Funds - Public Works/Supplies to Sower Treatment Plant 7. Resolution No. 78-53, Amending Public Works Street Budget 8. Resolution No. 78-54. Declaring Old City Ambulance Obsolete and Authorizing Us Sato or Transfer to Twin Cities Raceway 9. Resolution No. 78-55, Transfer of Funds - Legal Department 10. Resolution No. 78-50. Requesting Relenes of Airport Lands 11. Resolution No. 78-57. Requesting the Congresslonal Delegation of the State of Alaske to take Action to Amend Section 404 of the Slater Pollution Control Act 12. Resolution No. 78-58. Accepting and Approving a Portion of the Master Plan 18. Resolution No. 78-59, Acknowledging Receipt of Proposals for 1977-78 Audit and Authorizing the Engagement of an Accounting Firm for that Audit 14. Lease of City -owned Lands: Joseph M. Ross dba Performance Stiles & Service 10. Lease of City -owned Lands: Robert L. Rorgen 10. Lease of City -owned Lands: Gerald Browning and Olen Henry 17. Discussion - City policy concerning Donations/Contributions to Specific Interest Groups within the City of Kenai iS. Discussion - Boat Ramp and Adjacent Lands 19. Discussion - Reappraisal of City -owned Lands 4 M f i 20. Discussion CUIP Grant Alppilentlonn - Muff and blaster Pian 21. Discussitm Pruji,el Caurdinntor /Insprrtor far Upcoming Coin :.tro.'llatt Project:: ` 22. Application for Permit for fGmnca of Chance and Skill: Kenai Chabot- of Commerce H. REPORTS 1. City Mnnnger's Report u? 2. City Attorney'b nepurt 3. binyor'n Report 4. City Clerk's Report 6. Finance nireelor's Report 6. Planning and Zoning Commission's tteport 7. Kenai Peninsula Horoueh Assembly'n Report MAYOR AND COUNCIL OUMIONS AM) ANSI"[--RS I. PERSONS PRESENT NOT 90117 )ULED TO HE HEARD r f i ADJOURNIUNT J i t t t j k 1 f i t f r COUNCIL MEET NG OF APRIL S. 1978 i J f AMSARIAN '7 Ll / / (SLICK i% JV / �/ iV C� �t t' q cr q tl E U TON O"REILLY G G f �/ u wHELAN � j � `1 I l y � � � ! l- 1 `� / ' ACKERLY X, a ti m Lr _ ....AMBAC .. MALSTON O"AEILLY y L' = - --- WHEI AM . --- ACKERLY I' I � ' 3 1 i S L � �f F f F r y m 1 I� V V Li a i I � Post Office Box 3881 Kenai, Alaska 99611 March 22, 1978 Honorable Mayor & City Council CITY OF KENAI Post Office Sox 580 Kenai, Alaska 99681 Dear Mayor O'Reilly and Members of Council: It is with much regret that I tender my resignation as a member of the Kenai City Council. Due to commitments which require that I relocate my residence, it is necessary that I resign my term of office effective immediately. I have thoroughly enjoyed my association with all of you, the City staff and members of the community whom I endeavored to represent to the best of my ability. My best wishes to all of you and for the continued prosperity of the City of Kenai. Sincerely, Of - Walter W. weet; Councilm City of Kenai, Alasks E i f . - 1 9 I Si I CITY OF KENAI "Od eat 4 41,a4ha„ P. O. !O% 500 KENAI, ALASKA 99611 11LEPNONE 403 • 7535 MEMORANDUM TO: Honorable Mayor & City Council Members FROM: Sue Peter, City Clerk DATE: April 4, 1978 SUBJECT: ADDITIONS TO AGENDA Please add the following items to your agendas for April S, 1978: C -h Phil Bryson & Coral Seymour - Peninsula Oilers 0-23: Statement #9 TRA/Farr (Airport Master Plan Study) Also, informational items include the following: (1) City Manager's Report V-78 (2) Correspondence to Deputy Commissioner James F. O'Sullivan 0) Summary - House Bill 886 (4) Audit proposals from the following firms: (a) Peat, Marwick, Mitchell & Co. (b) Price -Waterhouse & Co. (c) Coopers a Lybrand (d) Ernst & Ernst - only one copy available & will be distributed accordingly Thank you. i 0 lig AGFNI) A ' KENAI CITY COUNCIL - S11Ff7IAL muTrr, ' `TARCH 24. 1978 - 5:30 P.111. KENAI PUBLIC SAFETY BUILDING PLEDGE OF ALLEGIANCE. A. ROLL CALL AGENDA APPROVAL B . NEW BUSINESS 1. Resolution No. 78-50, Calling for a Special Aleeting for the purpose of accepting Councilmember Sweet's resignation and selecting a replacement to fill out the remaining term of office which expires October, 1978. 2. Letter of Resignation - Councilman Walter Sweet 3. Nominations for selection of new Councilmember. C . MAYOR & COUNCIL - QUESTIONS AND COMMENTS D. ADJOURNMENT I R L a-- --- - - « --% KENAI CITY COUNCIL - SPECIAL MEFTIN:G MAUCH 24, 1978 - 5: 30 p.m. (`KENAI PUBLIC SArETY BUILDING MAYOR VINCENT O'REILLY PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL i Present: Tom Ackerly, Edward Betty Glick, Ronald'lalston, Dan Chelan and Vincent O'Reilly B. NEW BUSINESS 11-1: Resolution No. 78-50, Calling for a Special Aleetin ,jr, & Accepting Councilman Sweet's resignation and proceeding with appointment of replacement Mayor O'Reilly read Resolution 78-50 by title only. "A resolution of the Council of the City of Kenai calling for a Special Aieeting for the purpose of accepting the resignation of Councilmember Walter Sweet and selecting a replacement to fill out the remaining term of office until October, 1978." Mayor O'Reilly opened the meeting to the public for comment on Resolution 78-50. There was no public Input. Mayor O'Reilly requested that Vice Mayor Whelan assume the chair. w ; MOTION - REVISION OF RESOLUTION NO. 78-50 Mayor O'Reilly moved, seconded by Councilwoman (click for purposes of discussion, to revise Resolution No. 78-50 as follows: In the last "Whereas" insert ......if the Council, by unanimous consent of the members present, adopts a motion or resolution } finding that an emergency justifying such meeting exists......... Further, to revise Section 2 of the resolution to read: A Special Meeting is hereby called for the purpose of accepting the resignation of Councilman Walter Sweet and Council to be appointed = as a committee of the whole to nominate candidates and Council committee to report - back today, or at a special meeting April 3, or the regular meeting of April 5 and then proceed with selection of a replacement to fill out Councilman Sweet's remaining term of office which expires October, 1978. aA --- == Mayor O'Reilly advised Council that it was his intent to revise the resolution to properly r dispose of Councilman Sweet's resignation and then go into a committee of the whole in a private -meeting to disouss candidates in order not to publicly discuss these - candidates personal character which may result in damage to the individuals reputation. R IL i�i,:rm. j �r��.�..--• �-.r=;�. -nom --: --�,� _ __ __ . SPECIAL MEFTING , Page Two 4 1 Council recessed for five minutes to enable the City Attorney to make a determination as to the legality of adjourning into a private meeting from a Special fleeting. City Attorney Schlereth advised Council that in accordance with AS 44.67.310, Administrative Procedures Act, there are certain exceptions. hot•: ever, as the Council was in a Special fleeting, a private meeting of Council may be interpreted as an executive i session. Mr. Schelerth, therefore, recommended that the Council not move as a body i of the whole into a private meeting. Councilwoman Glick offered a point of clarification in that when Council meets privately or in an executive session, the law so requires that any official action be taken publicly. QUESTION - REQUIRES UNANI310US AFFIRMATIVE VOTE FOR PASSAGE Motion failed by roll call vote. Voting no; Ambarian and Whelan. Voting yes, Ackerly, Glick, Malston and O'Reilly. MOTION: Councilman Ambarian moved, seconded by Councilman Whelan, for the adoption of Resolution 78-50 with the following revision in the last "Whereas" .......the Council, by unanimous consent of the members present, adopts....... Mayor O'Reilly opened the meeting to the public. There was no comment. Mayor O'Reilly requested that Vice Mayor Whelan again assume the chair. Mayor O'Reilly reiterated that he would like to once again bring to the Council's attention that the Council had only two days since official receipt of Councilman Sweet's resignation and. therefore, it would be most unfair, in his opinion, to the City and other possible candidates not to give adequate time for these candidates to present themselves for consideration. Mayor O'Reilly further stated that he felt selection of a replacement on either April 3rd or April 5th would afford adequate time in which to act. QUESTION - REQUIRES UNANIMOUS AFFIRMATIVE VOTE FOR PASSAGE Motion failed by roll call vote with Mayor O'Reilly voting no. Meeting adjourned at 8: 20 p.m. Respectfully submitted, JSeC-.- Peter, City Clerk i I ssr. r. .•a.,� DWAIN L, GIBSON, Agent + ,..s.•.. Auto - Life - Health - Hume and Business F.O. Box 122,;,5, Kviai, Alaska 99611 Phone: Off. 283.4460 Res: 283.7998 March 16,1W TO: The Honorable Mayor of the City of Kenai Vince O'Reilly First I would like to thank you pervonally and the council members for allowing me to serve as an appointee Planning & Zoning Commission member. With regret, this is to serve as my resignation as of this date, toy reasons are based on not having adequate time to devote to the commission and my company business. last and certainly not least, I feel members I served with are definitely trying to do their utmost to recommend the best planning and zoning for orderly devo— lopement and growth of the city. Once again, thank you. Sincerely, Dwain L. Gibson kt r ' ,tltii`iNt`i' i.•i`at tit; M i; t•t'W% (1:1y of ttr . I'y a'10 ln•itvrt•tr tae CITY M t:! NAL a ;: • w :tll,r iat►':it'il,at �(:l + .+ of AEt,*.h I is};€t+•; t•:.11t'ri •`t'itt sift _ Philin Brvson and �Georl;e C. 1•'reas l„ rr irr rt: , ,'c,;l,,! 1:.. I !r •t t:t,• City, lit t`ntt '.`.,.r :,i: •it •,t t' ^r,c t,t - :,f t':,t r, .,t•. of till tilt- ('e}t'ow-1:1: l.•': t r cont ,. Ity ih•. !.,• , c c;, r!r„• hrrt•!,;' t!• ;,ri ..:a:a h ar, to lh,• L(.c•, ,:r• Ur: f,.tTr,:. r► it,rrl T, .,jtrt't;. ...:' , Kemri itc: • ► tiit:p, Uis;tt ict. stair• of ,11rr„. ,; to n'it: Lot 5. Block 2, Vidalgo Subdivision, Kenai Recording District, Kenai, Alaska. Turin: `f::: t^�'nt �,: [t;;s t,rt.:•r i:; fn 9.9... cry:Hint uci=:,; Cal ttie est (lay of tiay_, _ ._ 2978, it, t +,: 30thcir,,J r:! June _ _---_...__ .2077 . sot tl+s. mml-•�i retia ter * „7.57.70 Pu tuc•t_tt: sul)jcet Ito tit;! terms of {;fir.•;:•tA l ov(-r,ant No. )11 e•t this 1,!m ,e, the rontal :.1 ar:Mvd !►^roltt 01:01 13,,:1... (a) itll;l,t of entry and occup•mey is aulkhnriveis r:R: of the 1st day* of May • , 978, and the first rent t;httit ltrs compute. from, ru'..e daw until .lune: 30, 2978' , at Illi,, roto of S 2.07 _._�.. ftrr clay for 61 days., equult; $ 126.27 note due. (b) Annual rant for the fiscsal y,,j.„ l-c,•innit:f; .lel,; l tens.; June 30 Miall be payable its advanec, on or before the firm dety t+: ,Iuly o'' year. (c) ltental for tiny period which t-, lvt-it than Pile (1) Year t:Itall be prorated, based on the rale of the last full yer.r. (d) The rent specified herein in raleulatod ats rollow8: ' squaro foot at $_,027 pnr square toot per year, per year. t ? In addition to the rents specified above, subjc;ct to General i Covenant No. 10, the Lessee agrees to pay to the City ftos as hcrahsaitotr I provided: (a) Assessments for public improvements now benefiting property � in the amount of $ n/a ! , (b) Applicable taxes to leasehold interest or other aspects. ; (e) Stiles Tax now enforced or levied in the future. ; 1 — + (d) Lesson agrees to ptty all armew tncuts levied in the future by the City of Kenai, as if Lesser were considered legid owner of record of.lensed 1 property. (e) Interest at the Bate of eight percent (SP) per annum and ten o percent 00°;) penalties on any amount of money owed under this Lease which It I is not paid on or before the date it becomes duo. S XgiXXXlfllaiYe3ilI1XXX�l1�af,XKltlk}44ti4s?ilSD6Jt►Kz43�sY�ilii�li►`CX7jlhi4li�. 1 , Pago One, LEASH Revision 4/29/14 } iJ Tlly ittil'11.1. r few v:l l,•il 111i'. 1.1 r• .. J•. It. ll• rl };.. Professional and Tcelinfeal Oificvs, in accordance with lease application dated March 3, 1978, attached hereto and hereby made a part of this lease. 1 . (_':. f sr'r•itt :r•• !.!•�••. ;,;, r' f:, ..•if.. •a ,• r•...�.Il•ri' U.:n of } J:r'+ ftt• C'Jt; ;f'!'r +.;rf flit 1•_ . +'I::•`Il ^•r1.' :.t f•i fil••if fl, I'lii'i }• ..!i },it.• a. , .' 1 r: + f.. f,•-. .. .� t 1 !:. f„F. , i�rr r , ' j.f!i%J 1. 11: . . !, 'iI u } laf,'1' l! . .9�• , + ., is •'1” r t U: .1rll !',. n t•. 1.: 11 Of or tho prom jt%•r. or r., :'f:on fit a,' "1 r..• _ 3,F' u'' ('pil:hv ••i ; ,. eta nrr1 is . t,ti.. _ tl' !n 1 („ .ti , . `r ht (,!• nirjl •rt 1'Lc: . witl: 'U" Fh' f.. .a• !J r .. •1: r . ' (i, 3. lint- ill r.f I''.•f.. '+ri. i' , i'•J fJl' P. r.) },.•r.ira •'t•; l)l::^f•d Ui' G: •} Vi�t,il I .Ft';. .: l!1 f' ;'•••iT i'i + I :II '• r• . :�' 'iilrl,-i F '', '+,• ltrx„tcd : ia''n: ilii r•.a:.. d Lt• U. • t•ity, •.rr; i f lt•,r inl}ur+ n.ic d. sn,:h pr; -p. t i-.- :nrry fro rt c,ra ,r 1,: :':. , .. tt •, .:i"on1; ! .Jr .. tL( p tyPJ^Y.t tt� tt-v C;tt t,t 111e r:(.',t , o r:•1rf' :.t t•!u + . ! ,, ia'G ns Fi .i " p:•1' day. Ui Cr (1'1 it"t' fl' i!1 th.1 n!, S.i Af .;w*, i•.,.t,j ,v' .1 t : it :1;1 Vii..:}: fi. eXt.••!:1Sof 6,000 pollr+.: aJFS t';nivlr;, (rt• 1111%. properly, Lill etnnutit Ik•t W vxcrccrl F5.0-') p,r (T •t . nr it: !r: 'r'1• -t! -ren witli higher fees ns piny ltf• ilic:,rporated Ir'•s rCf;u•..' i rt.' j., !'::. s A':l,�rt. 4. C_crriml:r c lit for 1 • ,.1 : 1.•1 '6•1: !.;!:.zea r r' •!•:: to pity the 1•nntlul rentctlr:�:irl Pegs !au ,,i;tr�S .r.r} F: , r, . , . ,• ti.:� i.�a!,f! nr any part, ilor let, nor tablet, eltlwr I!1 y''1':•r:1 or in "!J-.. 0.2t, t%n 10101: O1' any part of Pity prelllis'1" withrmt 1':1•itt(' Ct`u • ... f7t .: i"t;: . pa ili^h C7:1� r.•F1 ahnll be nbtuined purl cant td Ih(! f )No1 "bllf rlriwi durr: (a) Sul,alitlet 10, and Apprrvril of, prt-posntl }Perla trallsin). by the Renal Plonning C:otnioi-mien. (b) Aftcr rtl)prov tl ivy the Item,; 1t;:inniti{' r • t ltt:iA•:ic'n, f?r: •i approval of transfer by tho City Otitnell. Any aeuirytllnent in uiolatifin cif this lil'O: iPirta OrAl b? shall be groundis for caucOlatiun of thh,; LeGsic' liy lin city. S. Troptit•ttni of DevAs:e: The l.t•ta:oe ate. r.n= in Peep the 1 premises clean and in EFnu(t oorder rt'its own e•::I_sclira;, ssuffrrinir no sstrin or t, waste thereof, nor rr, moving; any int!torial tber(frnm, w ilhollt vn ittcll 1; permission of the City. At the expiration of the ti -ria f►::ad, or ally snonor ( determination of the Lease, the Leasee will pellceably mid quietly quit and 1 surrender the premises to the City. 6. Payment of Rent: Checks, bank drefts or postal money orders shall be made payable to the City it Renal, and dolivored to the City Administration nuilding, Kenai, Alaska. 7. Cantitruction Ai j+rovnl and Stantinwhi iluilding construction shall be neat and lire'tlont.dila slid eainjlntit)1(• irritii iti uuti 1171A t'urroundh►rs. �. Prior to placing of fill nuiterial and/or constr uctian of bvi.rlings on a 1c)as od 1. area, the Lessee shall tuthmit a plan of In.1 c el dovcloputt�nl M proprrty in the City Planning Connilusion which shall be rltpruved in writing for all I permanent improvements. Initials: Lessee: + Lesuor: Pttg'o Two, 1.11AI41t 4evinlon 4/29/70 „ ••7f+9e'���'tV � w urn � . , , i .._i4 . � . i 1 ! I 4 I r - - - - — — -- - ---• - -,-- -•->r - - -- -% F.. t.t•,t I:c :t+ :r:i,l 1.1,t•:. .t f'+• •Ih+tt••,•, t ,•:; :s •t• : tl:tit i•1f f.�: ' (:44) .lair. 1•.' th• r t ,l.nl, I:. :,i, ,'t rill oil tit V,-vititt:r i,a• x 1'41101.1 11.1'111 v iht; 111„;1 •I ,�'t 11 IU tit,• 01:11 '+ i'•�' t•t,t1 #4111^ Itf:111 iml Irovcl.-t•111:, I., kti;:!t t,tt t* •, !'irl. I Ilii 111'4+1+• td• 11111-1.4, -.1 t11, 1•t ill, II.t• till' f,t!• c11101 1:11 1'•ilm.,+1 i•, .1• ...t't-1I.:,tlr1 • lit -it .,tllrr' illtt•t•t'ititi,,n Ito fit(, I'.'' tt:•ti' rt t1'ti:':. 1 •. 1.4 .. 1t .!t '• i, . it t. ;!!: tl, it •It,ttt• •2 =+tt, 1lrt• !•t1'n r'ilttiC :+'Itt 1• l:f•!, i, ..'T,t l:1 t 1 1 r tta• IIt'.•t'. I.ilh' •'.Sttt':ti 'r•Itl^ . t, • , c t:If 1,: r t. r! , �;..�• 'i; •.i •'t,. 1•.:,••r. i'ta't• r'+ttf,•. •inir to tLt• 1't tli.: i't't;ft •tt1t e .: !.• 't, l'. 1+: • t .• .. • t + ,... rRl ., #•#•111##1 tri •:t', tttr1: i lttl'it 4t:. h t' . t:.,• r' 1'• a•, t r . .., t't :; (:,l I'll- ) ,1:1• :/t fol. r,•,. • ,I 1,'it, I1:• •ll I it(r•1l. (u) 7.1 • t • , 1•>:'t f1,r• I I,. 1 tt Im.. Iit`(•II r:•j.:.ar-d, 'A jI (_) '1': (.. Ir, ..l •t. t : 'r? it U' i•. it li:t be. :t pI:,.:Ii 1 - Uf to+::'••1• th'! LO:1.':7•. 11'111,11:• %. _'0' f•: } •I'ti' .It1 iF,•131 t• C-7 L,t. ':16(onr I.-9111• t• 'i revi` , .. t.•. I." a. Iii,, . 1• t' be! it ,ir in t1,^ I):., !•l/ .. rtly 1 ortioll t*f t'l!• rt,%' t,: Iv,:. ti:lt•11 :rt•.•:, t,!' ill :tilt• U" 0-,i, t:[t"t•�., *tt'. ri!' col?dWoll3 Ov•e; .l tt:1i ;;I til" #.(.Ciro, tilt• C'hy 11#111' 1-1' tt:tt't- 1711., Hl*;'• I+.„•.1, Of the premi::. P4111 t✓,';ll! tsr•*tr,ryl:: llls•!r,•f;rrie. itict Lr;1':1 f:i'itl(il Ia ti!',•. termhuste ti:•• i.ciu. �,. 10, ilei-: 1 atptiusi: til tilt• event this; ►..•rare is for if h•t:t .. exc0cm of five (t,); rt' ., tLe rru/lul(.,l a;,1118 Cit' frc1; cpr,!iffed 11rc1*(:ifi r,l:' the 00ion of (' YJ, it's ren/:,;Ittintl,.n ft,” inerea:t•. n•• 0-: St intCervalt: (if ON v (S) yo :Irs from th^ 11.1 clay of July lireredinis the. (rffeetit•e tltit.- (ti tftifi la"l'<•s. The Amr9til,( (1f ttiell rent!, ut• feet; (r, 1'lait'Q'"•:`". shall reflect the then prcvnllinrS P411. nlil:tort vnlut, of the lesaahold. ":11 increerit or dt:'cr(•t,ttc ill Vic amount of iviit-, or fuer, tditill be effcetivet c- upon ninety (11 f*) eay., wri;tim notice. 1n ilio event the pertifi• t,W unable to wt$l- ee upon the ttnln:ll•' such inet•ert,e or decrrnf:a, t:ueh amomit t.luill be determined by tli»(e C.", ditifntcrostad llcrtotiu: olm t'htecof to be sippointed by the city Coun»ii: ;t*e to be appoilltod by €.(:i:ft'r_•. Its sucett.-it r, or nsoltms. and the, third to 1­c chosen by On ttvtl (2) peratins appointed its aforesaid. The written determination of such threv (3) peri.oiin ..trill be final and conclusive. I Neither party shall cotrnlc,nce legal action without complying with this provision. 11. Iluildhil, Placement Restrictions: No building or otlicr permanent t:tructure nhnll be placed within ton (10) feet of the boundary litre 1!! of any lot field by n t obsoo; provided. however, that tncere two (2) or more 44 Totts Wild by the Lessee are continguotik, the restriction in this condition frit!;• S3 be waived by i+ritten authorization of ilia City. I !; 12. Arot(lction of Aircraft: No building or other perman-l: structure shall be puleiti h .*( in fifty (50) fret of ilia' tine freniin: : Ianding strip, taxiway or apron witlimit the written approval of the City. 1. area shall be uned for parking aircraft only. ii ti 13. Notiver: All writtesi notices rt!(iuired fly this f,atisit or o -•*mitt j sluill be sent by regibil.1131 or certified moil or delivered personally to the Initials: I.eslsea• Imstiort ' t hn ow 4Nrnw.. t.,1 ,q• h • , 00...,1 �. i., d uclifi•r• .•• trt 1•4141rrrtt ill tir,• fitY•:. rrt Up. I'it; , 14. flfl.,t, to (.ra .V .wr•r r! rr r. ,. •t t' t t 1 •!' tri li• Ir q,;r ' r 1 In altt,ti.:.,l+lt. I„t ., au•I , , 'r' .111x11• t ' i i:• !..i • , ,t' IV,llia` tit :,t y fill... At. I, tltir#t• (:ill) of SR• 'rw, :.Its ,•• ,i. t •t �' •ti lit `t',. , It; #r•, r..cy, t.i: •1 01:11.1', +.:;rl c'•tC:. iiz•• #.� •.•t• t ,t •zt.. • ..., i•• , ;z• #tit. t , , # t: � � 1 t,. t'r•:,•.•1`, lir• 'I .sir '1 % i,'tr••'. t t,• . •fr t #' 1. ..+, r 1w till:. 1.. ."e` ,,U4,j, ..t •t. •tt,. •i;rt r , t tt'+.. .r r,r •. IG. 1,il1A rrt Ill -11, a.:i, i "l; .... V !' •#. t +i • 1-eC h;+tiJ L/ti' t{•... . t'r Cltt<. t}i.• l.t'ct• , : Sig • ,•r •{. ti:' of insi-wetiwi. i {'1. isr;rc':•ur• Ltr..sr+ :••r t'+ ,. tit,• . t rill Arlitrt:r, "!,i: tl`rt,;;l:ic ;,r df;t. Pet` (”` !:L'ad[ .. .:)ti (.t' n -:ii: ,1,111 by tl:ir I . . •,I. • , . r.;, + iir1tt,• U! :r'•i' • :i: Ir•.11,, or tv;t of ti,•. i.. (#p;IrIS. el, frr tt� i!'i1•t�,t:. i' .7151x'1. 1111.1 i' # r.11 r: , .-i t' . tl:i;, eunswcOoll, 111x= fi.r-i •, .: r.v. tri r.ti 0 Pultli- ii••IrWtt• i . i,.. , ..• t tui:' its; ixt:. :, t:.i r t,r+; r•t ...xr: it fiv;or• t If. r ir` f,l,•t7:=t,{; tic• 41, ,t•.'rt'.e' if, fri•.:1', '#"i+• tr! r` • t #i'1; ;1• Mull ;+s• t; Jklilt• tint 01,17: tl::,:.t') :_xr, $100,000/"^300,000/$50,000 T !ll) irt•zi::ra% nc,reef, it wii#ilt .: r"`.' !r$'1+1i`:}. ir•_r....: ' . Worlupt:11'6 C01--pont.i•itiolt in51117:nCC, tiler' to' fill'ttlf.'I ' Cv3't;fig a',4 ti:; ; r:`•r 1 tl1tl cl.y. •- (e) I1lctlrr,ilac• uantt:.w•tr. jt;'L+Viilj!•t: ?i•�i•iiit:' iI'•.:+'.'t.::i:�t t t,. Worluncti's Compcne.ntion shill provitic• fir not Irro. 11:!'11 thirty O+!) writtert noticu to the City of canecllatit:n t,r c:;pi^ntiE„s r ttulilt:Ittt:.it ist:.t ',• i policy condition-, and coverage. (d) Lessen tirp-ops tirst univer of ! tollr%,ratloll q,:.Ine! E shall be requefited of lov-A(•elo insuror, and ,shidl lx• ti••ovidat; ::i rtt e:r>,' t, the City, s (e) CrosliLfst bttitL- it it: uIlder"tititc; ',nd ngrotirw 011.11 111,x: insurance airordcd by thin lxlicy cit 1x1.1: lt:s to)- +.:rrt 11111111 ctl;t: rr':t=rl t#"•:.„ chnii nut opot'ate to Increasr the litnits t,° t11t7 rttlt'tlutttt't: liability, l,%,t (•;:I, t•,•• to., sluill not operate to limit or void tho eo,.xrrngu of tiny one ns±ru!r3 fiew-veo :, •. reupects claims ugainat the sumo nanu:d in+iured or employees of Buell otl,:.'r' }; named insured. 18. Accoutittn l7hlt aticm: Lessen agrees to furnfah tivr t `'tu•+»is' ann0lal sworn BtAUurt1r,it+l.ilt.•tj"09s hur:ltlet;s•, receipt!,. x+/ywt�t .r,usUtll nt+c.i,t statement of the number of gallons Sli,� }t c. -Ad rind/or sixty certit`,•cr,t.. or Matoment to fnAu t wU...0 int► cemputtition of renal or ieuo nfc• rel•••ric. aA4#mrgovernmental agencies. t` 18. Collection of Any nr all ritnt-, cit,,%r:t.t., r+••rA or oilor coit, idurntiun which tura duo. viol unpt,iit tit 11.to ext;irntirn of Vol ttetvr I s' or involuntary termination or cancellation of till,; Lente, slisill be it clittrt;t• against Me Lusttee and Lensec's property. real oi• licrtional , and ill+t City 1.11:•11 havo such Hun rights its tiro allowed by l.uw, and enlAi-cominnt by +lis irl'ir.t i Initials; t r I.esatTa: t Leflaors tleviniint 4/211/711 i i T — lot •L• it• r, ,rlt• Ir lttr i C'. ,,:• tl� :nllTltII '•,1 :,t. ;,II. 1 _ • f r f '•tit• 1 •• • •I: 1'l1 . ! • .,•t• : t tl• 1 ,,•; {,. ..It 1 ,. .. f!'. `T t•.,.. •t., t'It• !!. I t l , ••,l . � 1, •�l .. f• .t n, r e •! rtt :' it} h- r` ,t '.l ? ai uttt f : ` to ' ': :', t f• : , :tilt li L• it ti, .' t T1a,t• li'( . . i! tart :'r. t . .. It. , 1• . . tr: .1 n_• l f.• t'• if !, T... ' lac:. . ..-r: fort`. , , _... . ,,.It t::r + :t• .� rf.c til' r•. u'.,t til of 0.-1- ('i:, .i h ao;+r,ut , t ... ." ?i• .. 23. 1r el.' . 1:.1.,iI 7 t, J :l t.Tat ill t Cit', torr not re, 1:,%, o cal:. lit.. th:,e ii•. i,:. (.... thi: i.•.::;•, slit.) i:,tp. - '..f• .. '.t` ... 40% LI Tr . .. , . a.,r Unrl`., h i••v,.rj.,t, ., �' .t ( i pi of of til(• b lit- tt' 1:1,vilur' to the t , .. ::', a:C .! 1' •il .t •, . . and irtJ' elllfttelF. ilfl:r ... dtlt'tinfe vurl tvty:t'I tti, tilt, 4'i1; •al •• 1.1 ' ' art(. tivAng, un<i !'1IP:. -nolti-ret, Ili I" . :I-`` :'i'Cil , l% bictdt ? at such au:Hl it. rite CIV., It; girth .'+• r! +n h1.1 a11d/t,r citt'tir:'ls An !t:l::'i::t r:(}iJf:l to tit( - City by the L"i.ne, o. $1 .60. trhi(Jhs': t . c',,.! u•� 1:•: ti:rrrtr•1•. 'l i c• ' it 1 .-1,, ttttluit•u Itll right:; to mach p1C.prrtyr hr,th 1.',:^! and rnn`.t:iA,•, ..l 24. Title of ltn1wot•r•i'tt I& tat I . ^•s••tl:,)r' in rift; • 1' l imprriYG11►l,nt8 atld%Cil` t!iS�t1, it 1t:11'il'cj! f'1: ,:'►I`T'!:i;,r!ri L•::1t•t� •r•• <)O,i� ". ��. ''.. aN doterrained by the i f!y.:,1'q tint p(,wf)v^r; vrifl,ilr ill: t°',{•• t. )w •at 1: 14F'1. Covenant 'No. 22 of this Lew C. such il)tltra•"i-nvilts 4Ji`itol, nhAtt. if to, otld ab-iolute title rhall vest in, the City, 25. iti;rilt M Aftfift (tui<'t. 1t r crYvr.11:� (a) City reserves the right to ndopt, ai:�f;tld anti un;wrrf reasonable rules and regulations govei ning the demised prealkea wirl Ute public areas and facilities used in connection therewith. Encept in caijet, w emergency. no rule or regulation hereafter adopted or amended by City shall become applicable to Lessee unless it hits been riven ten (In) ds ys notlec of adoption or amendment thereof. Sot h rules r:uct rel;uli,tir:ns r;hsll be consistent with safety and with the rules and regullttions and nrd•nr of l the Federal Aviation )Administration. Lesset, agrees to obrm•vo, r+bry and abide by all rules and regulations heretofore or hertalfter adapted ur amended by City. (b) L(rssee shall observe, obey and comply with any earl till f.: applicable ruler,, regulltlans. laws, ordinances, or orders of any l;r.t'otr.rt+all"l t' authority, federal or ttate, hwfully exercising nutilority over Use l.rxit.±t• m• Lessee's conduct of Its bushtess. Initialto i.ttasneq�/ _ _ LQaaor: pllt;u hive, i,ense ttrvirslan 4/29/7a t t- _ i • Y f. , F h • t i T — lot •L• it• r, ,rlt• Ir lttr i C'. ,,:• tl� :nllTltII '•,1 :,t. ;,II. 1 _ • f r f '•tit• 1 •• • •I: 1'l1 . ! • .,•t• : t tl• 1 ,,•; {,. ..It 1 ,. .. f!'. `T t•.,.. •t., t'It• !!. I t l , ••,l . � 1, •�l .. f• .t n, r e •! rtt :' it} h- r` ,t '.l ? ai uttt f : ` to ' ': :', t f• : , :tilt li L• it ti, .' t T1a,t• li'( . . i! tart :'r. t . .. It. , 1• . . tr: .1 n_• l f.• t'• if !, T... ' lac:. . ..-r: fort`. , , _... . ,,.It t::r + :t• .� rf.c til' r•. u'.,t til of 0.-1- ('i:, .i h ao;+r,ut , t ... ." ?i• .. 23. 1r el.' . 1:.1.,iI 7 t, J :l t.Tat ill t Cit', torr not re, 1:,%, o cal:. lit.. th:,e ii•. i,:. (.... thi: i.•.::;•, slit.) i:,tp. - '..f• .. '.t` ... 40% LI Tr . .. , . a.,r Unrl`., h i••v,.rj.,t, ., �' .t ( i pi of of til(• b lit- tt' 1:1,vilur' to the t , .. ::', a:C .! 1' •il .t •, . . and irtJ' elllfttelF. ilfl:r ... dtlt'tinfe vurl tvty:t'I tti, tilt, 4'i1; •al •• 1.1 ' ' art(. tivAng, un<i !'1IP:. -nolti-ret, Ili I" . :I-`` :'i'Cil , l% bictdt ? at such au:Hl it. rite CIV., It; girth .'+• r! +n h1.1 a11d/t,r citt'tir:'ls An !t:l::'i::t r:(}iJf:l to tit( - City by the L"i.ne, o. $1 .60. trhi(Jhs': t . c',,.! u•� 1:•: ti:rrrtr•1•. 'l i c• ' it 1 .-1,, ttttluit•u Itll right:; to mach p1C.prrtyr hr,th 1.',:^! and rnn`.t:iA,•, ..l 24. Title of ltn1wot•r•i'tt I& tat I . ^•s••tl:,)r' in rift; • 1' l imprriYG11►l,nt8 atld%Cil` t!iS�t1, it 1t:11'il'cj! f'1: ,:'►I`T'!:i;,r!ri L•::1t•t� •r•• <)O,i� ". ��. ''.. aN doterrained by the i f!y.:,1'q tint p(,wf)v^r; vrifl,ilr ill: t°',{•• t. )w •at 1: 14F'1. Covenant 'No. 22 of this Lew C. such il)tltra•"i-nvilts 4Ji`itol, nhAtt. if to, otld ab-iolute title rhall vest in, the City, 25. iti;rilt M Aftfift (tui<'t. 1t r crYvr.11:� (a) City reserves the right to ndopt, ai:�f;tld anti un;wrrf reasonable rules and regulations govei ning the demised prealkea wirl Ute public areas and facilities used in connection therewith. Encept in caijet, w emergency. no rule or regulation hereafter adopted or amended by City shall become applicable to Lessee unless it hits been riven ten (In) ds ys notlec of adoption or amendment thereof. Sot h rules r:uct rel;uli,tir:ns r;hsll be consistent with safety and with the rules and regullttions and nrd•nr of l the Federal Aviation )Administration. Lesset, agrees to obrm•vo, r+bry and abide by all rules and regulations heretofore or hertalfter adapted ur amended by City. (b) L(rssee shall observe, obey and comply with any earl till f.: applicable ruler,, regulltlans. laws, ordinances, or orders of any l;r.t'otr.rt+all"l t' authority, federal or ttate, hwfully exercising nutilority over Use l.rxit.±t• m• Lessee's conduct of Its bushtess. Initialto i.ttasneq�/ _ _ LQaaor: pllt;u hive, i,ense ttrvirslan 4/29/7a t I1% tI -L!, w. ill, flit, tl:;, j or vi� rl h! Oil, 11— Ev., fol ilsOl , i!., !--Jvp. < V..." ;f I or ;-I.; I. )1. 1):..•i l I-: ally trcer. oil the "L.1.1 ;ivt.•, v l ;if: .t.v W*!*18 [if the ti!(. vir,nveytfil 1wretm•. a Its] In rcna,-vo tl;.,. (.jTf1ir!i._ -,t. Li.ihi.v fr, o'sj-, i cut (he ijlfitfntfint, t: all of Which !Jhall 'be I 1 0.., - x1la-lisc r ;41r, i" Itt. heirs,01. I'Llecor or (c) Th. I (•to;vv by f-Copthig Vorivoy1;I1 r for Ituelf. its repri: Is I Ives . F-11VCt1t;ZAlr-4. `11114 tl*',t it V.;*!: us" of W. vaW prq s.riy in any %V11101 I-Af..Nt Wt,-I.Y. )t, Ilii t;)" and taking off of aircraft front vaiLl Kiimi Airll,)rt, o!, ot,-w: airport himsird. In the event the rfor-seld ettivia.-Ilt 1.4 %uO . Cir. Ci.." reserves the tight to enter an tlis-, 11111d C-Vilveye" abatement of such Interfurence of the oxpcn!o (.,f the Un-, •c: 27. Br)Lt !o. L?nj agrees and covenant:, th.it the other covemink., terms and conditions of thif; shill have Me r1r:1, it, quiody and peacefelly hold, u&e. OJCllpy VIM VIC. -.[A-1 lc4se(! 20. 1,05ba.. to 110VTn'seb.. Shall fifty all Inv. fill assessistentf, which,ch ring, the tei-in hercof rirty Iwoonic a lien tipon er %:!uQ!: may be levied by the state, borough, city or riny other tax-levyini, be. -;y, upon any taxable possessory right which Lef*:ee may liavf- in or to thn promises or facilities hereby leased. or the improvements thcre-m, by reason of its use or nceupancy. provided however, that licIrOn. contained shall prevent Loofmc froin contofting the legality, valiclity, or application of any such tax or asse:;sment. 29. St �Pclnl Serviecto Lersew aritens to prity Lcs!,or n ren,inni-ble charge for any rpioial sicrvicus or facilities 1-tr-Clull-ed by Ixfirne In WHOl."r, which services or faijilitior. arc jiot provided fur herein. 30. Nn Phrinctinhip or Jof Pt Venture Cralitc-cl: It is exPre-131y understood that the Wild tc. be a partucl, oil joint venturer of Lessea, In the conduct of lijighunis on flia doinised pretnPmm I - - ------------------ I1% tI -L!, w. ill, flit, tl:;, j or vi� rl h! Oil, 11— Ev., fol ilsOl , i!., !--Jvp. < V..." ;f I or ;-I.; I. )1. 1):..•i l I-: ally trcer. oil the "L.1.1 ;ivt.•, v l ;if: .t.v W*!*18 [if the ti!(. vir,nveytfil 1wretm•. a Its] In rcna,-vo tl;.,. (.jTf1ir!i._ -,t. Li.ihi.v fr, o'sj-, i cut (he ijlfitfntfint, t: all of Which !Jhall 'be I 1 0.., - x1la-lisc r ;41r, i" Itt. heirs,01. I'Llecor or (c) Th. I (•to;vv by f-Copthig Vorivoy1;I1 r for Ituelf. its repri: Is I Ives . F-11VCt1t;ZAlr-4. `11114 tl*',t it V.;*!: us" of W. vaW prq s.riy in any %V11101 I-Af..Nt Wt,-I.Y. )t, Ilii t;)" and taking off of aircraft front vaiLl Kiimi Airll,)rt, o!, ot,-w: airport himsird. In the event the rfor-seld ettivia.-Ilt 1.4 %uO . Cir. Ci.." reserves the tight to enter an tlis-, 11111d C-Vilveye" abatement of such Interfurence of the oxpcn!o (.,f the Un-, •c: 27. Br)Lt !o. L?nj agrees and covenant:, th.it the other covemink., terms and conditions of thif; shill have Me r1r:1, it, quiody and peacefelly hold, u&e. OJCllpy VIM VIC. -.[A-1 lc4se(! 20. 1,05ba.. to 110VTn'seb.. Shall fifty all Inv. fill assessistentf, which,ch ring, the tei-in hercof rirty Iwoonic a lien tipon er %:!uQ!: may be levied by the state, borough, city or riny other tax-levyini, be. -;y, upon any taxable possessory right which Lef*:ee may liavf- in or to thn promises or facilities hereby leased. or the improvements thcre-m, by reason of its use or nceupancy. provided however, that licIrOn. contained shall prevent Loofmc froin contofting the legality, valiclity, or application of any such tax or asse:;sment. 29. St �Pclnl Serviecto Lersew aritens to prity Lcs!,or n ren,inni-ble charge for any rpioial sicrvicus or facilities 1-tr-Clull-ed by Ixfirne In WHOl."r, which services or faijilitior. arc jiot provided fur herein. 30. Nn Phrinctinhip or Jof Pt Venture Cralitc-cl: It is exPre-131y understood that the Wild tc. be a partucl, oil joint venturer of Lessea, In the conduct of lijighunis on flia doinised pretnPmm I '45. torr J:+',tl•,. •!'s I to apprim, r.1.1 sharp.,:3 nit', f•1. JvKr r.. C; l :•tt'a•d i•+ Iw K•'rii.t)c:•: 1+o:n ti:^ public, in c: t' r to isu:nrr. )'• :.t tJnalJlr 4ii',t s •'t : II' + I —fit t, dI4crJrnInrt°'t:l or segr,:i':t#lr+n on IN, 1) tsi:' of +':tet!, et'!w., a '.r.d J•• mth.1-11 ( orivin, or for Pity other rtdr"4 -d 1 36. Wont' inmir:+hlntvm: The LeJ,:;•'e, fu• bi ,••t t`. hi}: ht4• . . , porr:mal reprimentittiva , succenscmi: In iffler,:st, eu4 w:t4w1f-, n:; n rli•rt F of the, eonsiderrttion herer,f, cleex hrt•t1,y t•aveltt•t)t n•:11 ,:peri• at, It envets"111 running with the Tsnd, that in tho event fr,cllit;mi ovc F` oi, otile •:-titc• mim-ite-.d (m the said p:•c,},t,J'ly ti,•, ,r rtJr I ;tl tta:: L,rttt,t frit• u i purpose involvis)g thn pruvision of t:iinilm r;eryl • . c,•r 1",nnc•fits, th^ ! tihrJll tnaintain and operrte t.tich G1C•1110-ti anti r• a Ott in cot,'})liancr. t;it}r all other re.;uire:nents Impot:ad purstimit to Title 'l1.`, critic. or f ecit-ral itcgulations. Department of Trnnspm•4.dicti, 19sibiit10 A. nffi+:c of the Seernbtry, Part 21, NondiseJ•intinatioli in Federally-er'Shitecl T'rorrants of _ the Department of Trantoport+atlon -- hffmittalinn of Title VT of the cavil ithf.hts Act of 1064, and as said ttcl;ulations nifty be amendr;cl. That in the event elf breach of any of the above nondiscrinituation cov,:nauN, the City tihalt hove. the right to tcrminnte the Lersse and to reenter and rritut rrR Bald land tile! fariliti�R tl)crrer►n, and held lite mise. o:1. if Jinid Io r•nc htid nrvrer bnf'n muclr 1.)r issued. • 37, The fnJ• hitrr:el"f, ltlrt l)0r:.:in1+1 representetivr., saeceutmrs ft Interval, unci n3 n part of the _ et►nsidortdic,n hereof, doe3 hereby orivon-lett tail nt!ver no it covenntd rluv)inr inilints: _ ,_ .. _ • 1,QRRQei�y _ _ f— 1 Lessor: + Pago Seven, LEASE itevinlon 4/29/76 1 1 '1 ......t, 1 �,.,r ti. • it. i ., : n,! ' 0 •t .111 itt: ' e, c .. Ill, 11 ,i it Ltiv 1 ' ...! J it � ,,.. i •,tr.tt , 1!:• !, •ti. ,,! ttf .:,.lr{•�. t,r :.l• 1i i, , !,.,.,r .t !•:rt!'t•t•Id, ,' c,f t`v• I+"tr .. ••�• .i••t +,; i' t. • t,:••t:.•,tti •, . c •n•. t,ta• t'ity rr . t :-1-- lit i .'! ..'i.t° it t',; 1.,. . r .. i•;,t .. 617. 1} r. . '•• 1,'. 2 ,. , s', t � •�: , • ! '. I.rs••,r i. i!• j. t11te Lr•.p,:.t.. tt• furn! (ljei:,'ll:.itli,: i•.. i, tU: • t.•. 1:. '. ••. �. 1. ;. 1:111.1 Ito,1..1.• 1!•" .. }..t: }I"i'. (' t . i• �,: . Ill i! the Lv• . _ to -1.y ire ::: 1'e u: .. , t;. 1. i •, diecou:tt5.. ;:1,,,' .... or nt'••:r c.;:rtilt•; +� i .. 1..t 1," :, . .•, .:i ..1.t•.. , ,•. rr,:•r.;.'. '45. torr J:+',tl•,. •!'s I to apprim, r.1.1 sharp.,:3 nit', f•1. JvKr r.. C; l :•tt'a•d i•+ Iw K•'rii.t)c:•: 1+o:n ti:^ public, in c: t' r to isu:nrr. )'• :.t tJnalJlr 4ii',t s •'t : II' + I —fit t, dI4crJrnInrt°'t:l or segr,:i':t#lr+n on IN, 1) tsi:' of +':tet!, et'!w., a '.r.d J•• mth.1-11 ( orivin, or for Pity other rtdr"4 -d 1 36. Wont' inmir:+hlntvm: The LeJ,:;•'e, fu• bi ,••t t`. hi}: ht4• . . , porr:mal reprimentittiva , succenscmi: In iffler,:st, eu4 w:t4w1f-, n:; n rli•rt F of the, eonsiderrttion herer,f, cleex hrt•t1,y t•aveltt•t)t n•:11 ,:peri• at, It envets"111 running with the Tsnd, that in tho event fr,cllit;mi ovc F` oi, otile •:-titc• mim-ite-.d (m the said p:•c,},t,J'ly ti,•, ,r rtJr I ;tl tta:: L,rttt,t frit• u i purpose involvis)g thn pruvision of t:iinilm r;eryl • . c,•r 1",nnc•fits, th^ ! tihrJll tnaintain and operrte t.tich G1C•1110-ti anti r• a Ott in cot,'})liancr. t;it}r all other re.;uire:nents Impot:ad purstimit to Title 'l1.`, critic. or f ecit-ral itcgulations. Department of Trnnspm•4.dicti, 19sibiit10 A. nffi+:c of the Seernbtry, Part 21, NondiseJ•intinatioli in Federally-er'Shitecl T'rorrants of _ the Department of Trantoport+atlon -- hffmittalinn of Title VT of the cavil ithf.hts Act of 1064, and as said ttcl;ulations nifty be amendr;cl. That in the event elf breach of any of the above nondiscrinituation cov,:nauN, the City tihalt hove. the right to tcrminnte the Lersse and to reenter and rritut rrR Bald land tile! fariliti�R tl)crrer►n, and held lite mise. o:1. if Jinid Io r•nc htid nrvrer bnf'n muclr 1.)r issued. • 37, The fnJ• hitrr:el"f, ltlrt l)0r:.:in1+1 representetivr., saeceutmrs ft Interval, unci n3 n part of the _ et►nsidortdic,n hereof, doe3 hereby orivon-lett tail nt!ver no it covenntd rluv)inr inilints: _ ,_ .. _ • 1,QRRQei�y _ _ f— 1 Lessor: + Pago Seven, LEASE itevinlon 4/29/76 1 1 m • Is All -Iwo I .I 111, 114, ...1-4 It I I I+ )! I- tee. 4-.01191" s, 1, if A i ,i, -•I wa -,JvIll ,#1 11:111.0.11-'t 1.11, it-, '1, :6. (1 0w 1'.11, lit, :-rimij, •ti its tit tit, 11.1 Uo 1: 141." It *J11141"cl, "111*. fill. tit, fis- fit- vrf I'll, I t.c. Its 1.1 4'. oo V. 1!. 0 .4, lit* I'llit-w1w.1 .'n t'it, vv, :It of It -ul! rX %1-; ti:,. r !;--:1 0,v b; 0 Mn."'. 01, 1- ­wIt is-irt fr this, L, d l,5 a I C.- I %:I,: 'I., Is ,it 41:, uv :r. III, ;,;i-, "1 h:. I I's 1'.."', *,(:,j, , cl IrM I I'! fill) j,.•r...I jal i !fIv, 11 , Ar"I :tit tit'! wri't-W Ill-ld bmwncn :lie p%vt: end til, tror"I .11, instoe nindifyinh , lidding in, or chitilvillige I"I" tel-mr; h.xvor. 40. Wnri-ritty: I*tjeCiiyd6)t-snt)tw,!t-i-:iittfhtiltllr,'---i-t1, l-- vAllph one. no guaranty ii.; triv pit or irttilied tial is Mitt It III.- p I (If Iln I. Ic (" S;-.1 Is. I to employ tile property tv vucli Use. 41. Addillow-1 Covens idw Imlem-lo ptri.eer; ir, mich And ivicivertants; af. tare nest It. 11% 111*IT.X I-AII., 11,111E.1 EOP, flw p:IrtIr:!7 but ..to bnv( their hands, the day and yetir stated hl the inirlivisr1mr-1 iscl:nra171rr1{�t;taaJ;t is is C*ITY I)V V.FNAI CITY MANAM-A STATE OF ALASICA T111111) JUDICIAL DISTRICT On this —day of10. before me 11010: t•s.s1Uy appeared , : Vno%_v_nto be the person orlm) vxectited ifi—eabove Lensm.-iind the he 0110 find thp rokill-tsvity to sign, for the purpose stated theroin. Ni, TAI1Y 1111111,1C FOR ALASKA Ply Coinminsion Vxpircs: A 000. one Im - -- - -- T- ---- --- - ' - -.I s STATE nt' AI -ASK:: ) THIK:) JI'DICIAT. DI`TIOCT ) On this 10th r' . of .'-Sarah. 197' hifort- t,v nurizoi;G.I Phi Iip Nrvson, '.-r.r•:n to be the r,crson .,41„ P::CC�t'.c,! 0w i Lense and acknn,.:: eri, ed that he hit the nitc hnr i t to 0;'11 sat,tc•, For the Pwrr)osus stated therein. iril3't'AFfY4#'til;i.iC I'{;'.t-fiI.ASKA My Comnissinn l:xpires-3-:�2-oi1 LESSEE GF.O r.IC.KeO4.14 STATE OF ALASKA )pp )Ot3• THIRD JUDICIAL DISTRICT ) tin this 10th day of March, 1978, before me personally appeared George C. Freas, known to be the person who executed the above Lease and acknowledged that he had the authority to sign the same, for the purposes stated therein, NOTARY PUBLIC 'FORALAIM A My Commission Expires 3-222-80 LEASE CONCEPT AND DEVELOPMENT PLAN APPROVED by Kenai Advisory Planning Commission this 8th day of March, 1978. APPROVED AS TO LEASE FORI4 by City Attorney ' 7 YaTh-Y APPROVED by Finance Director (initials APPROVED by City !Managerf ,t `'(Tn_TE a s_)' LEASE APPROVED by City Council this / j day of 1978. F. PETER, C'TY CLERK .._ -N—. C - i t l:!.•is.`.:i' lr�ri r� � ('.r!l:J.Un "�"_'`xar� ..� i,�.s i (u J:: ..:.i - ;.::r,.: s. t :��c:....:.;,:•s �.. r._. fig 1 of 7. i 3. a Kella Tax . State 'ice.ns­ lhtone ._. _ ..__.�ci�r4t. ono)�i'`f Leas0__� Lot •Cescrip icn %r M -s{ red list. th of i.case or Perrri.t__r . _ . _..... �_ ..�.. ,�.... 1 !roperty to be used for Desctipti.on of developments (type, construction, size, Attach dave'lopment plan to scale 1 inch = 50 feat, shoving all build- ings planned. Time Schedule -r W 0 . L r,t' ►'tier-.�� i ;• - T, . j . Estimate value of construction: Signed tA 7 -Description of Property (11 I C FOR YOUR INFORMATION Annual rental rate or cost Zoned for 1 1< 1) -T P 1 '-11,1 0-,l Permits required Assessments I- IF Insurance Required I ()(I Construction must be started by t. o -i I.-, I f,fi S E - Completion date for major construction THIS APPLICATION WILL BE A PART OF THE LEASE Approvals: Planning Commission City Council Receipt Acknowledged by applicant M, By By 0 Fade 4 of 4 lease No. - LAYOUT PLAN t , 1.0t �' Block Subdivision r Name { t p'[ �) r { r �• 1 . Scale ► 1" a 100 -N- 5' . #ALL 0 L CVAT I o N f rr--r 13 In F CITY OF KENAI ORDINANCE NO, 395-78 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KF%TAI. ALASKA, A't PNI)ING CHAPTER FOUR OF THE CODE OF THE CITY OF iC1:%'Ai TO 1111OVlnF FOtt I'%AMTF"" - OF CURRENT EDITIONS OF VARIOUS TECHNICAL UNIFORM CODES AND Dr.CLARIN:G AN EMERGENCY. BE IT ORDAINED by the Council of the City of Kenai, Alaska, that the Code of the City of Kenai, as amended, is hereby further amended as follows: Section 1: Ordinance No. 269-75 is hereby repealed in its entirety. Section 2: Title Four, Uniform Codes, attached hereto and incorporated herein by reference, is hereby adopted. Section 3: Article Six, Fire Prevention Code, as amended by Ordinance No. 269-75, to hereby deleted in its entirety from the Uniform Codes, Title Four, and hereby Inserted in its entirety into the Fire Prevention Code, Title Eight, Chapter Five. Section 9: Emergenov Section. It is necessary for the immediate public health and safety that this ordinance should become effective prior to the time when an ordinary ordinance would become effective because the construction season is fast approaching, wherein the provisions contained in this ordinance should apply. PASSED by the Council of the City of Kenai, Alaska, this day of April, 1978. L ---- ATTEST: �i �I Sue C. Peter, City Clerk I I a I f 4 1, i ti VINCENT O'REILLY , MAYOR FIRST RE ADING: EFFECTIVE DATE: y I CITY OF KENAI ' ORDINANCE NO. 396-78 ri i AN ORDINANCE OF THE COUNCIL OF Till: CITY OF KENAI, ALASKA I)ECLARINI ONE 1952 GMC 2 1/2 TON 6x6 WATER TR11CK SURPLUS EQUIPMENT. WHEREAS, the following piece of equipment is no longer needed ' by the City of Kenai, and WHEREAS, the City of Kenai has received a bid from J. Kenney Carver in the amount of $150.00 for this piece of equipment. N0W, THEREFORE, HE IT ORDAINED BY Till; COUNCIL OF THE CITY OF KENAI ALASKA, that the 1952 GMC 2 1/2 Ton 6x6 Water Truck, Serial No. 31 be declared surplus and available to sell to J. Kenney Carver for the amount of $150.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of , 1978. ATTEST: sue C. Peter, City Clerk VINCENT O'REILLY, MAYOR FIRST READING: April 5, 1978 I. I ;AAR 2 9191y TO SHIP TO ADDRESS ADDRESS�'�r�-�'� �-✓+mss`-� Y %tib, G f-cl2cc�� Sr' �ITv A/O NO FOq 'JATF MI.QUIRiO TERMS HOW SHIP . (•At( �' ev 6 7 Iz a - - R 10 T,' S (f�' x 11 13 14 15 16 i 17 18 1 19 .�.-....., r . 20 t 21 22 r . I t , f --.+�+..-• +• - •-� PLEASE 8ENO COPIES OF YOUR INVOICE WITH ORIGINAL SILL OF LADING VOICES PACKAGES ETC MUST APPEAR ON ALL IN- VOICES. N• PLEASE NOTIFY US IMMEDIATELY IF YOU ARE UN- ABLE TO SHIP COMPLETE ORDER BY DATE SPECIFIED IN 146 RedifiFT ORIGINAL I F 3 CITY OF KENAI ORDINANCE NO. 397-78 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, FURTHER PRESCRIBING AND OUTLINING THE POWERS, DUTIES AND FUNCTIONS OF THE CITY MANAGER AS ARE CONSISTENT WITH THE CITY CHARTER. WHEREAS, it is in the best interest of the citizens of the City of Kenai for the more efficient operation of their government to have an ordinance more specif- ically outlining and further prescribing the powers, duties and functions of the City Manager as are consistent with the City Charter; and WHEREAS, it to desirable to promote greater communication and understanding between the City Manager and the City Council by setting out such powers, dut- ies and functions. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai, Alaska, as follows: 0 Section I: Powers, Duties and Functions of the City Manamer In addition to and consistent with those powers, duties and functions of the City Manager, as set forth in Section 3-2 of the Charter of the City of Kenai. are the following; The City Manager shall• a. Hold a weekly staff meeting with all department heads to insure adequate cross communication between the Departments and City Manager as relates to current and pending actions of the City. b. Work through duly elected appointees/representatives of the Plan - ring Commission (City of Kenai and Kenai Peninsula Borough) and the Borough Assembly, so that all matters relating to those bodies may be addressed as a unified City action, _ c. Keep an active check list of Council questions and problems. He should attempt to answer or dispose of the same as prioritized by the Council within 36 hours of presentation,if possible. d. Follow written policy set by the Council. The City Manager shall not set policy. i 1 A Ordinance No. 397-78 Page 2 - _ e. Present all lease applications to the City Council completely filled out. Where applicable, the applications will first be presented to the Kenai Advisory Planning Commission for its consideration. i f. Enter into no contracts or purchase agreements in excess of $500, except by prior approval of the City Council. - = g. Shall act as the Council's representative when present before those bodies enumerated in paragraph (b) preceding, but i shall secure the Council's prior approval before acting as the Council's representative before any other body, assemblage, or business meeting not within the boundaries of the City of Kenai. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day CITY OF KENAI, ALASKA VINCENT O'REILLY, MAYOR ATTEST: Sue C. Peter, City Clerk ---- FIRST READING: -- SECOND READING: - EFFECTIVE DATE: �i Y 1 +( .i r 1 is I I. I CITY OF KENAI T 9.- 00) RESOLUTION NO. 78-51 A RESOLUTION OF THE COUNC OF THE CITY OF KENAI, ALASKA RESCINDING RESOLUTION NUMBERS 75-23 and 75-27 COA11111TTING THE CITY OF KENAI TO lMAIN- TENANCE OF FOREST DR (H011fESITE LOOP) AND BEAVER LOOP AND URGING THE COMMISSIONER OF THE DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES TO ASSUME RESPONSIBILITY HEREINAfTE4 FOR MAINTENONC O R0AD4YSTEMS . " v,�-�.,,1' -- , WHEREAS, the City of Kenai passed Resolutions 75-23 and 75-27 urging the State to pave and develop the drainage system for Beaver Loop and Forest Drive (Homesite Loop), and WHEREAS, the City's commitment was contingent upon construction of the above named roadways to generally acceptable engineering standards, and WHREAS, in discussions with State engineers on the project, it was found that the proposed construction did not meet generally acceptable engineering standards, and WHEREAS, at the Council meeting of February 18, 1976, Jack Spake, Central District k Engineer for the State of Alaska Department of Highways. so stated that the State would continue responsibility for maintenance due to a limitation of funding precluding the x State from meeting generally acceptable engineering standards, and WHEREAS, because of resolutions passed previously by the Council, it was assumed { by the State that the City would indeed accept maintenance responsl0lity, and WHEREAS, to clarify the situation once and for all the Council of the City of Kenai wishes to o the following: F r IJw - NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that Resolution Numbers 75-23 and 75-27 are hereby rescinded and the Council further urges the Commissioner of the Department of Transportation and Pub*, BMW assume responsibility hereinafter for the maintenance of Forest Drive(tio' a to ) p► absolving the City of any further commitment for maintenance of the aforementioned road system f. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this Sth day of April, 1978. VINCENT O'REILLY, MAYOR ATTEST: i Sue C. Peter, City Clerk I I r RBSOLIJTJON 7523 I t") A RESOLUTION COMMITTING Till: CITY OF KIMI FOR MAINTL'NAM.- FORREST DRIVE $ R1. IT A1'i: ME (FORMI.11I .Y KNOWN AS HOMEiSITI WHEN THE STATE PAVES AND DEVELOPS Tills DRAINAGE SYSTI3M. WHEREAS, residents of Kenai living; adjacent to Forrest Dr! Redoubt Avenue have urged that said drive be properly drat - paved and with a sidewalk on at least one side; and __.._. WHEREAS, the road has heavy pedestrian and vehicular trafi WHEREAS, Forrest Drive and Redoubt Avenue are State maintg NOW, THEREFORE, BE IT RESOLVE]) by the Council of the City that: 1. The State of Alaska is urged to pave, drain, at construct a sidewalk along at least one side of Forrest Drive and Redoubt Avenue. 2. The City of Kenai will maintain Forrest Drive F Redoubt Avenue after the required construction is completed. Passed this 9l day of ,, 1975. J/ SS A. ELSON, [ASCOit . _ _...: ATTEST: y:.... Acf4AJij csty 'Clerx I f J - CITY OF KENAI RESOLUTION NO. 75-27 A RESOLUTION OF THE KENAI CITY COUNCIL COMMITTING THE CITY OF KENAI FOR 1IAINTENANCF. OF ALL OF BEAVER LOOP WHEN THE STATE OF ALASKA PAVES AND DEVELOPS THE DRAINAGE SYSTEM . _ WHEREAS, residents of the City of Kenai living adjacent to Beaver Loop have urged that said road be properly drained and paved; and WHEREAS, the road has heavy pedestrian and vehicular - - - traffic: and WHEREAS, Beaver Loop is a state -maintained road. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai, that: (1) The State of Alaska is urged to pave and drain all of Beaver Loop. (2) The City of Kenai will maintain all of Beaver Loop after the required construction work to completed. DATED: At Kenai, Alaska, this day of 1975. ` CITY OF KENAI .......... ES A. EI.SOIJ, 1Vlayo� r ATTEST: Acting City Clerk r i - L If - CITY OF KENAI RESOLUTION NO. 78-52 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KEINAI, ALASKA THAT THE FOLLOWING TRANSFER OF 510NIES BE MADE WITHIN THE 1977-78 WATER a SEWER FUND BUDGET. FROM: Public Works - Sewer Treatment Plant/Operating Supplies ($2,900) TO: Public Works - Sewer Treatment Plant Repair and Maintenance Supplies $2,500 Machinery a Equipment 400 The purpose of this resolution is to provide funding for needed repair supplies for the Sewer Treatment Plant facility. This resolution also provides funds for the purchase of testing equipment. ' PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of April, 1978. E VINCENT OIREILLY, MAYOR ATTEST: Sue C. Peter, City Clerk '. Finance Director Approval Cr' —'—""'"— � •• � �� ILII III I I .I I d CITY OF KENAI RESOLUTION NO. 78-52 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KEINAI, ALASKA THAT THE FOLLOWING TRANSFER OF 510NIES BE MADE WITHIN THE 1977-78 WATER a SEWER FUND BUDGET. FROM: Public Works - Sewer Treatment Plant/Operating Supplies ($2,900) TO: Public Works - Sewer Treatment Plant Repair and Maintenance Supplies $2,500 Machinery a Equipment 400 The purpose of this resolution is to provide funding for needed repair supplies for the Sewer Treatment Plant facility. This resolution also provides funds for the purchase of testing equipment. ' PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of April, 1978. E VINCENT OIREILLY, MAYOR ATTEST: Sue C. Peter, City Clerk '. Finance Director Approval Cr' t, CITY OF KENAI RESOLUTION NO. 78-53 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI AMENDING THE PUBLIC WORKS STREET BUDGET TO PROVIDE FOR THE PURCHASE OF TWO HOMELITE THREE INCH TRASH PUMPS. WHEREAS, the 1977-78 Public Works Street budget provided $1S00.00 for machinery and equipment, and WHEREAS, $1500.00 is still remaining in this budget, and WHEREAS, it has become necessary that two Homelite three inch trash pumps be purchased in order that water can be pumped from the City streets for drainage. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai, Alaska, that the 1977-78 Public Works Street budget is hereby amended to include, in the category of machinery and equipment, the purchase of two Homelite three inch trash pumps in an amount not to exceed $1,478.00. PASSED by the Council of the City of Kenai, Alaska this day of April, 1978. ATTEST: Sue C. Peter, laity Clerk APPROVED BY FINANCE DIRECTOR:_1�w V1NCBNT O'REILLY, MAYOR - — F 1 CITY OF KENAI RESOLUTION NO. 78-53 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI AMENDING THE PUBLIC WORKS STREET BUDGET TO PROVIDE FOR THE PURCHASE OF TWO HOMELITE THREE INCH TRASH PUMPS. WHEREAS, the 1977-78 Public Works Street budget provided $1S00.00 for machinery and equipment, and WHEREAS, $1500.00 is still remaining in this budget, and WHEREAS, it has become necessary that two Homelite three inch trash pumps be purchased in order that water can be pumped from the City streets for drainage. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai, Alaska, that the 1977-78 Public Works Street budget is hereby amended to include, in the category of machinery and equipment, the purchase of two Homelite three inch trash pumps in an amount not to exceed $1,478.00. PASSED by the Council of the City of Kenai, Alaska this day of April, 1978. ATTEST: Sue C. Peter, laity Clerk APPROVED BY FINANCE DIRECTOR:_1�w V1NCBNT O'REILLY, MAYOR - — n j .. i t , a t CITY OF KENAI RESOLUTION NO. 78-53 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI AMENDING THE PUBLIC WORKS STREET BUDGET TO PROVIDE FOR THE PURCHASE OF TWO HOMELITE THREE INCH TRASH PUMPS. WHEREAS, the 1977-78 Public Works Street budget provided $1S00.00 for machinery and equipment, and WHEREAS, $1500.00 is still remaining in this budget, and WHEREAS, it has become necessary that two Homelite three inch trash pumps be purchased in order that water can be pumped from the City streets for drainage. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai, Alaska, that the 1977-78 Public Works Street budget is hereby amended to include, in the category of machinery and equipment, the purchase of two Homelite three inch trash pumps in an amount not to exceed $1,478.00. PASSED by the Council of the City of Kenai, Alaska this day of April, 1978. ATTEST: Sue C. Peter, laity Clerk APPROVED BY FINANCE DIRECTOR:_1�w V1NCBNT O'REILLY, MAYOR - — r- -- - - 6iwiw 4 ,= INTRO13UCED BY COUNCILMAN AMBARIAN CITY OF KENAI RESOLUTION NO. 78-54 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DECLARING THE OLD CITY AMBULANCE OBSOLETE AND SURPLUS AND AUTHORIZING THF. CITY MANAGER TO SELL OR TRANSFER THE SAME FOR VALUABLE CONSIDERAT TO TWIN CITIES RACEWAY. WHEREAS, the City of Kenai no longer needs the present ambulance unit (a 1967 .. Cadillac) since a new ambulance unit has been purchased by the City, and WHEREAS, Section 7-38 and 7-39 of the Code of the City of Kenai enumerate the procedures for the disposition of surplus materials, and WHEREAS, Ordinance No. 257-75 allows the Council to authorize the City nlanagel to dispose of obsolete supplies or materials without the necessity of competitive bidding, and WHEREAS, it would be in the public interest to sell or transfer such an ambulance for valuable consideration to a local corporation or entity that would in all likelib repair and maintain such vehicle for its own use within the municipal boundaries WHEREAS, it is in the public interest that a municipality have within its boundari Oil as many pieces of emergency equipment as might be available, whether that equil lies in public or private use, and WHEREAS, the City ambulance is presently in need of a great deal of engine work its value is well under $1,000. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai, Alaska, follows: Section 1: The City of Kenai's 1987 Cadillac ambulance is hereby declared surplust Section 2: The City Manager is hereby authorized, pursuant to Ordinance 257-75, to sell or transfer for other valuable considerations said ambulance to Tu Cities Raceway for any valuable consideration that he, in his discretion, deems p PASSED by the Council of the City of Kenai, Alaska, this 5th day of April, 1978. ATTEST: Sue C. Peter, City Clerk VINCENT O'REILLY, MAYOR I 4 1 / f r •- ` March 31, 1978 Twin Cities Raceway a, Dear Sirs: Thank you for your inquiry regarding the disposition of the City of • '� Kenai's old ambulance, which is being replaced with a new unit • recently purchased by the City. { > _5 We understand that you have need of an ambulance unit at your - raceway events and wish to have this old unit sold to your organ- ization. It is suggested that, should the City transfer ownership- of the vehicle to Twin Cities Raceway, your organization would completely '= overhaul the engine, putting it into top mechanical condition, and = place the vehicle in warm storage. In this regard you pointed out that such an ambulance might prove an asset to the community in time of a civil emergency where additional ambulance units may be needed, whereby your organization may offer the use of such vehicle to local ' governmental agencies handling such an emergency. C�} It is, in my opinion, a well taken point that it would be beneficial to _ the public health and welfare in a local coy anunity for emergency services to exist that are completely controlled by the private sector and have no relationship to local government, save that in emergency situations that equipment may be offered by the private organization _ for the local government's use. Therefore, I have prepared a resolu- tion for the Council's next regular meeting, whereby this vehicle may be sold to Twin Cities Raceway rather than sold indiscriminately at public auction. You realize, of course, that the unit is badly in need ' of major engine work, is over seven years old, and much of its medical equipment will be transferred to the new unit, therefore, the sales price will naturally reflect its value. By the same token, the ambulance will be sold to you on an "as is" basis. ��---.--- I believe your intended use of this vehicle, as indicated by your prior f request, will convince the Council that the transfer of the ambulance to a, n your organization will in the long run benefit the public welfare. Since the vehicle in question is of no grenter, our ordinances permit its transfer to you by virtue of a the Council which, if the Council acts favorably, will b forthcoming. Sincerely, John E. Wise City Manager ES/eh 1 1 _ ! CITY OF KENAI I RESOLUTION NO. 78-55 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT TNF. FOLLOWING TRANSFER OF FUNDS BE MADE WITHIN THE 1977-78 GENERAL FU1gD BUDGET AS INCREASED BY ORDINANCE NO. 393-78 (ANTI -RECESSIONARY REVFNUn SHARING FUNDS) . FROM: Legal Department - Professional Services ($11000) TO: Legal Department - Books $1,000 The purpose of this resolution is to fund an expenditure by the City Attorney for law books, and to ratify the telephone poll of March 27, 1978. PASSED by the Council of the City of Kenai, Alaska, this 27th day of March, 1978. 1! Gam. VINCENT O'REILLY, MAYOR ATTEST: - Sue C. Peter, City Clerk T APPROVED BY FINANCE DIRECTOR: r ' I i I - 1 - l ' 1 {g CITY OF KENAI RESOLUTION NO. 78-56 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REQUESTING THE RELEASE BY THE FAA OF CERTAIN AIRPORT LANDS. WHEREAS, the City of Kenai received a quitclaim deed from the United States of America on December 1, 1963 for the Kenai Airport which contains, among other property, a parcel of land described on the attached Exhibit A, and WHEREAS, the City wishes to lease or sell this land for commercial development, and WHEREAS, the City can, by leasing or selling this land, encourage development which will contribute revenue to the airport, and WHEREAS, the proceeds of the lease or sale of such land are required to be devoted exclusively to the development, improvement, operation or maintenance of the Kenai Airport, and WHEREAS, the Federal Aviation Administration of the United States of America can, through a "DEED OF RELEASE", release the City of Kenai from certain restrictions of the above-named Quitclaim Deed, and WHEREAS, as a condition of the release, the Federal Aviation Administration will require that the Instrument of conveyance include the following conditions: A. There is hereby reserved to the City of Kenai, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the premises herein conveyed, together with the right to cause airspace such noise as may be Inherent in the operation of aircraft, now known or hereafter used for navigation of or flight in the air, using said airspace or landing at, taking off from or operating on the Kenai Airport. B. The Grantee by accepting this conveyance expressly agrees for itself. successors, and assigns that it will not erect nor permit the creation of any structure or object nor permit the growth of any tree on the land conveyed here- under which would be an airport obstruction. In the event the aforesaid covenant is breached, the City of Kenai reserves the right to enter on the land conveyed hereunder, and to remove the offending structure or object and to out the offending tree, all of which shall be at the expense of the Grantee. — r --- C. The Grantee, by accepting this conveyance, expressly agrees for iteeif, successors, and assigns that it will not make use of said property in any manner which might interfere with the landing and taking off of aircraft from said Kenai Airport or otherwise constitute an airport hazard. In the event the aforesaid covenant is breached, the City of Kenai reserves the right to enter on the land conveyed hereunder and cause the abatement of such Interference at the expense of the Grantee. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: 1. The City Monger be and hereby is authorized to submit a request to the Federal Aviation Administration for a determination as required under Subparagraph (8) of the said Quitclaim Deed and further request a release t from the terms, conditions, reservations and restrictions for the tract of land described in Exhibit A which is attached hereto and incorporated herein � by reference. 2. The City Manager be and hereby to directed to furnish all information required by the Federal Aviation Administration to support the request. j S. Instruments of conveyance shall contain the specific conditions described J as "A", "B", and "C" above, j 4. Any revenues received tram lease or sale of lots in the tract of land ' described in Exhibit "A" shall be dedicated for the development, improvement, operation or maintenance of the Kenai Airport. PASSED by the Council of the City of Kenai, Alaska, this 5th day of April, 1978. VINCENT O'REILLY, MAYOR { ! ATTESTS i I Sue C. Peter, City Clerk { w F £- ` EXHIBIT A Bluff Property► CITY OF KENAI RESOLUTION NO. 78-57 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REQUESTING THAT THE CONGRESSIONAL DELEGATION OF THE STATE OF ALASKA, SENATOR STEVENS, SENATOR GRAVEL AND REPRESENTATIVE, YOUNG, TAKE ACTION TO AMEND SECTION 404 OF THE NATER POLLUTION CONTROL ACT AMENT)NIFNT OF 1972. WHEREAS, the Congress enacted the Water Pollution Control Act Amendment of 1972 to protect the beat interest of the nation, and WHEREAS, in drafting the act, certain terms were used which have been interpreted by the ultras, and ultimately by the courts, to place an intolerable burden on the nation as a whole, and WHEREAS, to preclude administrative bureaucracy, and ultimately the courts, from misinterpreting the legislative intent of the Act, it appears necessary for the Congress to more clearly specify its intent, and WHEREAS, the term "wetlands", 9 not legislatively defined, will essentially lock up what Is left of Alaska after, D-2 legislation of some sort is adopted and, in particular one-third of the City of Kenai (Kenai River Review - U. S. Army Engineer, District of Alaska) . NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai, Alaska, that the Alaskan Congressional delegation, namely Senator Stevens, Senator Gravel and Representative Young, are hereby petitioned to introduce legislation to define "wetlands" in accordance with the original legislative intent, thus insuring adequate protection of wetlands of importance but precluding unwarranted interference with the property rights of the American citizenry. PASSED by the Council of the City of Kenai, Alaska, this 5th day of April, 1978. ATTEST: Sue C. Peter, City Clerk VINCENT O'REILLY, MAYOR I CITY OF KENAI RESOLUTION NO. 78-58 A RESOLUTION OF THE COUNCIL OF THE CITY OF KF%. AI, ALASKA, ACCEPTING AND APPROVING A PORTION OF THE KENAI MUKICIPAL AIRPORT AIASTFR PLAN STUDY AS INDICATED ON DRAWING 1980, TERMINAL AREA PLAN PIIASF ONE. DATED STARCH 22, 1978, RELATIVE TO FIXED BASE OPFRATOR AREA LYING BETWEEN THE TERMINAL AND TOWER. _ WHEREAS, the Kenai Municipal Airport presently hat; no lease space accessible to the municipal airport taxiway or ramp, and WHEREAS, there is land that can be made available on approval of platting, and WHEREAS, the master plan consultants have recommended platting as described on the identified drawing, and WHEREAS, the Federal Aviation Administration requires, as a part of the terms and conditions of their grant support, that the City formally adopt a master plan when satisfied, and WHEREAS, this portion of the master plan is satisfactory to the City, NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai, Alaska, that the fixed base operator area (Control Tower to Airport Terminal), as identified by the { Kenai Municipal Airport blaster Plan study. 1980 Terminal Area Plan Phase One, dated r March 22, 1978, is hereby accepted and approved as a portion of the Kenai Munioipal Airport Master Plan. ` PASSED by the Council of the City of Kenai, Alaska, this 5th day April, 1978. ATTEST: Sue C. Peter, City Clerk VINCENT O'REILLY, MAYOR f 3 �r CITY OF KENAI RESOLUTION NO. 78-59 - •. .rte -� � ��_. _� ,��. A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACKNOSVLF.DGING RECEIPT OF PROPOSALS FOR THE FISCAL YEAR 1977-78 ANNUAL AUDIT OF THE CITY, FINANCIAL RECORDS AND AUTHORIZING THE ENGAGEMENT OF yy FOR THAT AUDIT. WHEREAS, the Council requested audit proposals from four national accounting firms for the annual audit of the City's financial records, which audit is required by City Charter and State Statute, and WHEREAS, proposals were received from all four accounting firms. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai, as follows: Section b The Council hereby acknowledges receipt of proposals for the fiscal year 1977-78 annual audit by Price. Waterhouse a Co.; Peat, Marwick, Mitchell a Co.; Coopers a Lybrand; and Ernst a Ernst Certified Public Accountants. Section 2: After review and careful consideration, the Council deems it in the best interest of the City to engage Section 3: The Council hereby engages - to perform the Fiscal Year 1977-78 audit of the City of Kenai's financial records as set forth in their proposal dated March 29, 1978 in the amount of , including out of pocket expenses. PASSED by the Council of the City of Kenai, Alaska, this 5th day of April, 1978. ATTEST: f Sue C. Peter, City Clerk I APPROVED BY FINANCE DIRECTOR: 41 ' r i i k i s =1 I r v F VINCENT O'REILLY, MAYOR i t E I FA 1971 5 to 13 ia.._ TLS is 16 22:i 23,; II 1 ►- - _251F_�+...f l/i•:1KCt_�Lrl Y Tfl Te . ; . z� it � 'f�/ ee. :1� �- ' ---- --- ----'' ---- - - ; _ .. � '''` • '7���' I; z _ 31 33.... t 34 35 i 31 30 40 411 I l I .1.. I � ' Y f 1, ,. IYA.4V OF AIRPORT LANDS raf: 0 THIS AGRl:1:A1INT. entered into Illi-: _ _ day of–, _ 19 , by and between the (a7•y OF KYNA1, a l:omt• :•ul^ raunicip»l •:�irlior:d%++n of Alnbka, here-loafter culled "City", marl Joseah M. Ross dba Performance Sales and Service 1wr.•inniter o,allcilJ"i.r!r•- That the City. in con-Aderation of t!w 1-} t:, _nt•= of ttov r^nts a: the performance of all the covenants herein contnhu-1 by tilA does hereby demive and lease to the Lessee the fullowing rie.4evibed in If Kenai Recording District, State of .%lar ka; to wit: Lot 3, Block 2, Cook Inlet Industrial Air Park. Term: The term of this Lease is for 55 yens. commencing on the lot day of May 1978, to the 3Othtpy of June , 033 , at the annual rental of S 1 350.00 P_ aymentt: Subject to the tortes of Rrttu ral Covenant Vo. 10 of this Lease, the somal specified herein shall be payable as follows: (a) !tight of entry and occupancy is rate".orized as of the lot_ day of ,•,may . . and the first rent shall be coiaputcd from auen date until dune 30, . at the rate of 5 3.70 per day for 61 dayts, equals $ 225.70 ow due. (b) Annual rent for the fiscal year beginning July 1 and r ndL,4 June 30 shall be payable in advance, on or before the first day of July of each year. (a) Rental for any period which Io loco than one 0) year shall be prorated, based on the rate of the last full year. (d) The rent specified herein is calculated as follows, 22 000 square feet at $.06 per square foot per year, or $ 1.350.00 per year. !i In addition to the rents specified above, subject to general it Covenant No. 10, the Leasee agrees to pay to the City fees as hereinafter ` • provided: (a) Assessments for public improvements now benefiting property in the amount of $n/a (b) Applicable taxes to leasehold interest or other aspects. (a) Solos Tax now enforced or levied in the future. (d) Lessee agrees to pay all assessments levied in the future by the City of Kenai, as if Lessee were considered legal owner of record of leased property . (e) Interest at the rate of eight percent (8%) per annum and ten i percent (10%) penalties on any amount of money owed under this Lease which is not paid on or before the date it becomes duo. H1r�waYt�ciiX�tittx I+ �3 Pago Ono, LFASR Revision 4/20/70 7 L k .•he i t ao i l ..i a� .a. i I + Lf i i �diTi��-�+e"�.xa—' ` ._ . The Irurpto-v for which thin. lx;ise if; it,mied its: I, Retail store front handling automotive parts and equipment with repair facilities in the rear and residence on top of main structure, in accordance with leusee's lease application dated February 28. 1978, attached hereto and hereby made a part of this lease. t;1'NERAI. COWNANTS I . t fe s- Neept as provided herein, rrny rcrulnr use of Istrtt'a. or fucititfes tritl•.out the written constant of the City fa prohibited. This prohibition Chau not apply to use of sweats dnsienatod by the City fnr Rnrr+ —,I public u5et:. such as passenger term!nals. nutorwbi:o wrkinr areas tine! ...... . 2. Uses Vnt Contomsolated P-whibft*<rf: cAl'.eittttlon of Aar--, t or the promotion or operation of any pnrt or kind of rt:-fnpts or cocrsf,rll, enterprise, other than as specifiCallY sat forth bove!r. upon. in or Rhovr.• airport lands. without the written consent of the ('fty is n"ohibited. 3. Impounding of Pronertr: any or nl! nersonai or PORI placed or used upon tends or In facilities in violation of prohibitions m -Y h,, removed and/or impounded by the City, and when so removed and/or impounded, such property may be redeemed by the owner thereof only ane n the payment to the City of the costs of removal plus storage charges of al .110 per day. or $5.00 per day in the case of each building or each aircraft in excess of 8.000 pounds gross weight, or in the case of any other kind o! property, an amount not to exceed $5.00 per day, or in accordance with such higher fees as may be Incorporated into regulations of City's Airport. 4. Commitment for Rent and Von-Atssinnment: Lessor agrr.+se to pay the annual rental and fees specified and not to assign this Lease (tr any part, nor let. nor sublet, either by grant or implication, the whole or any part of the premises without written consent of the City, which consent shall be obtained pursuant to the following procedure: (a) Submittal to, and approval of, proposed lease transfer by the Kenai Planning Commission. (b) After approval by the Kenai Planning Commission, final approval of transfer by the City Council. Any assignment in violation of this provision shall be void, anti shall be grounds for cancellation of this Lease by the City. S. Treatment of Demise: The Lessee agrees to keep the t; premises clean and in good order at its own expense, suffering no strip or ?' waste thereof, nor removing any material therefrom, without written j: permission of the City. At the expiration of the term fixed, or any sooner �t determination of the Lease, the Lessee will peaceably and quietly quit and i surrender the premises to the City. ji t 8, Pa"ont of Rent: Checks, bank drafts or postal money orders shall be made payable to the City of Korai, and delivered to the City Administration Building, Kenai, Alaska. s R; 7, Construction Approval and Standards: Building construction shall be neat and presentable and compatible with its use and surroundings. Prior to placing of fill mnteriai and/or construction of buildings on a leased area, the Lessee shall submit a plan of proposed development of property to 11 I the City Planning Commission which shall be approved in writing for sit permanent improvements. Initials: Lss 1 Lessor: ..... , i Page Two, LVASS Revision 4/29/70 10 Lf 1 11 h. 1. .. 1 t . is 1. 1 1 I I . . - ... - - I . I . .- I i It 4 t. :1 1 1 1 N (3(1) Ill -forst tilt- 6 -%Ill 1-111 it'll, , - I in I I-4111OW31. vertilvill-f U11#14-1. 40.1114 w Its gill! ellarm-lot. -11141 V11111'. AX -.11 exi-41111I fill the 11110. f.fulliflem, peoperties, or illierf!"t Ilse for %viliell falell rellev.;ll if; lle%ircll . and -tivia tillif r i tiff winnt ion w; the, roy Illuy Iwaltlirt. I Tilt: 1.0 -s - we 414-171"ll %-Alll •awh .111tilic-.10,011 , life eq1tivalf tit to one Iful;t1romi percent (100•',) of the 1111titut1 I.P111.0 o.. feet; still in f41•eet. 1-tit'll 1111plictilloll. 1014-11 AjI!V thr requirements herein Lisle d, %-.-M #-Arivet fl- I i-.wo •tr. I nnrtll 1W.1, i!. Illstil slwh tinto f,% the (*fly olves lintled, to I [..*,, of, (!,.tf: (a) The requcc;t Nr renenvni. Irt z lwon t- (1)) The rz!4u,!At fin, retim-:0 J!jt: re.,ontif; for such r0rottrin. (c) Vv City htiv deterylvined It tr- he in the heq plibity intr,,.- or is required by Lav ra, repu!1104011. to offol. !!w et I put -Il., (d) That equitable considerutions require P rc%10on of tlo Lla,afw prior to frantirr, a renc%val. 9. Rif ht of entry: Should default he made in the praymt;nt rX any portion of the ;cut or fees %vi -ion due. or In ally of the cove.r...nVi st, conditions contained in the Lease, the City may re-enter and vike por.see.FIon of the premises, reinove all persons therefrom, and upon wt-!ttr.,n terminate the Lease. 10. stent Fsca!ation: in the event Osir 1ximn ie: for to tci!r It, excess of five (5) yours, the amount of rents oil fror, -pix.-Med )tor, pin the option of either party, be subject to renclaitintlon for !nermitja (it, at intervisle of five (5) years from the 1st day of July preverl Irr. thf, effective date of this; Lease. The amount of Ruch renis or feet: ns renepritiited shall reflect the then prevailing fair market vivItin of the I-111scholel. %In increase or decrearc In the amount of rents or foes sholl bit effective, n%cspt upon ninety, (90) days written notice. In the event the parties are unable to agree upon the atnount of such increase or deervaset such amount shall be determined by three (3) disinterested persons; one thereof to be appointed by the City Council; one to be appointed by Lessee. its successors or assigns; and the third to be chosen by the two (2) porame appointed as aforesaid. The written determination of such three (3) persons shall be final and conclusive. Neither party shall commence legal action without complying with this provision. 11. Building Placement Restrictions: No building or other permanent structure shall be placed within ten (10) feet of the boundary line of any lot hold by a Lessee; provided. however, that where two (2) or more lots hold by the Losece are continguous. the restriction in this condition may be waived by written authorization of the City. 12. Protection of Aircraft, %4o building or other permanent structure shall bd placed within fifty (50) foet of the property line fronting f, landing strip, taxiway or apron without the written approval of the City. Thiel area shall he used for parking aircraft only. 13. Notices: All written notices required by this Lease or nnrnilt shell be sent by re0stored or certified mail or delivered personally to the Initials: Los L 41— f In:;t of rrt•f►rft in Ow tilt•!. f.f Ille 1111 11. rg1:•1• to 1 ea -.r Neel 1t1 its, r '1'h • •+fl• . t•0 it• t••• P. P. ..t. •.1 t• . , to applieJ{ble Inlet. alisi rt•irtll:Minn'- rtt ['its , alsd mnv In, wMArJncu n ithrnn notice tit :any titnft .iftr r thirh• fail) rla}•a Irrfin if of) th.rraof. ul.lr:;•• V i,I.i,I such thinly (30) 111,t•-: till! lw.• ••t' r.►P(•til-i :,lift ristlli'll, 01" Lf•:S •✓ tit ti.. ( 15. The ilttere.:ts it,.- P..!r rl'r`(i. in, by this Lra" are Subjrat to :qty +rt! :ail ri to -#. cot 'I'..I . tr• r. nr • • t:. ! . . e<t12WitY.•(d ill /T2.' itt•t!•11T"•`nlY CAItC•:x'1!1'• ill`••,.:' • tt:f•^ i•: r, !• ••tv l•• !3!'• f� :!•. IG. ))halt of Cit; shrll 1:1• , t!:.. !:4•tit. _1 1•1 S•r;5bmillb1C timaf. to t•!2t•a' thi". vr, I. t!:• • `.+ f. f r !% t .J:'_•• of inrtp•-cticnl. 19. hitam ince- Lessee cr►:•f tt9nts to mr .. tti^ � :• :,. ••t t- all a•:tions. suits. liabilities orctr r—Witn(+ fr,-rK ^•• »r(- tn7 o: • ` :� act=s of conuriss!on or otni5.iirm by the !.: tsrc. ills •t;• .: et r,:••-.•:. ~. '.t.'... - invitrrs. or oriAng trop or out rf the Lecxn •• epeullo",-t:. , t• /1. •- r•' demised, or privileges Prnntcd. and to pay Pit cants ootid—toc! t':'t •s,+t'�. +• this couttection, the Lepsee aQrpr, to nrranr!.: aunt n.'y !„1• a:1 tP(• •••:t,,' rf•.: (a) Public linbllity insurittr/t+ protectirs: L=di+ til: "Ity ar:,* r its agents acid the lessee. such ins uraance to be evif!enoec: hv t, cr•t ss' j.:,tr• showing the insurance in force. The amount of such public lJobill'y it s ltrrt+ shall have limits not less than those known ns "100I000jP00, OW501=000 (b) Lemce agrees to carry etiploye-le 11,a•tiayit.e:r.••! •:f.:•ra' Workman's Compensation insurance. and to fiut•nisit I, ^.,r!Vleatf, thr v! to the City. (c) Insurance contracts providing liability Insural-ce and Workmen's Compensation shall provide for not less than thirly fart') cb:yIt written notion to the City of cancellation tu• onpiratlon or •,ubstwitinl changre in policy conditions and coverage. (d) Lessee agrees that wulver of bubrogation against the City shall be requested of Lessee's insurer, and shall be provided at no cost to the City. (e) Civos Liohility: It is understood and agreed that the insurance afforded by this policy or policies for more than one named Insured, shall not operate to increase the limits of the company's liability. bnt otherwitc shall not operate to limit or void the coverage of any Otte named insured as respects claims against the some named insured or employees of such other named insured. ”- 18. Accountintt; tlbIlKation: lesson agrees: to furnish the r annual sworn slffltftea `oss buslness receipts nndlrtr�,.% m vtitsunt uworn statement of the number of gallons =+tl sold otut/or any certificate or statement to Aub taiitlaw %ne computation of rents or ►t,,,i,.tWuding repor. - aalltus governmental agencies. 19. Collection of Unpaid Monies: Any or all rents, charges, fres or other consideration which are due and unpaid at the expiration or voluntary or involuntary termination or cancellation of this Lease. shall be a charge against the Lessee and Lessee's property, real or personal, and the City shall have such lion rights as are allowed by Law, and enforcement by distraint if sl t' .Pnoo pnnr, t.RARR Initials: Los Le : ilrvininn 4190114 r, tp hr ucule by till, e•ily fpr it'•'nlllt.rri •0•11 •a;r•nt. 241, t' ,. •hr'lltr -mit- 11.••,l,n. .1• ( ItL' 1 • . '1'E•r !: 1 i 1 1+, el,; + 1111x1 culltrol 1- Menlr-lttc••it , e•:• itl I(:: r• the Irrl!•{.t, :.:.,rel, 'tr) mdlell 1:1'1fltt ht' vu—•m,•rit will be nl•tile fit -it will unrl,r,: rnlrlbl3 in4•^fern with fill, I,r•r, •.:.••:; /tm •: + d the l:.ud . .1. l.r•ri.•c• Vin►. �+I:._+tr to !%fl,. •a a �, n „!:r+'+•n.+•Pt�:: i • -�.. .,. . that r:tv r •t}• mr.+llry tl:;. 1.0.1— It-, '-fret rr•L'P'. 't , .rrtt: ; •ref rpt; t'. r'• . , • tit Ile l,!1• fill;;. or to collf•1• •te tr. Olt, )•.•.,lt'•f•rr•.•:.. ..! ..1+1• . ..• , ;.,t• ,.,,.y + ... ,.r . iffmi- er, lite n„ulific.^ lo -1 •thsil t:,tl ::ot i,1 rr,'•, + ls,. t i.•t.t:.. • • .•t. a..r . . granted till,• LPF-s-o by thin l.ono-, , nu•• 'lett ll,+ 0:111"0 11•• t . .. , r•v . •:: , 22. 11111{!: +., i:, :.L'+• t1.1f -dwr 1: 1 _•. . ,• .c !. . Ivt;nrt on .irport+.:tn4� =ha11..rit};in sixty inn) a,v. t1 r ti+ m :'• i:. ttlrmilll:tion of,- :FCm-c-Il:ltlon rof CIe ie'Ist e, Le 1•l, :. •. ,• • t.;ri, ,t t:; 1. '1. V. opinion of thr' City, suall remn al will not ell". ;;;ta••v r,.• ,•+, w.• r••n t,. !m, , lntsr�s: t:r.L: fu1•el:.•i . phovirie+l VIM talc• City n t: :+ !. i r• j inch improvi.nonts in ecf;n!• where bard.. *4;1;- IN: u' l,1 6 Et:• 'mr:.'rfmrt; t: provided further, that applicutiun far exter.:;;o 1:-1 : br•r'31 r:. rte n received within said sixty (60) clay pur;(id . The retirinr Lessee rl&v . Lrith the consent of the City, sell his impruvemeNrts In 1: sueopeellnr, tt•r. Int. 23. joeovemerft,4 loft An ►nig , h+.)rl: if rtty lri:sprovc rot t chattele having an appraired value in ��e � n't;i0.000 lift t timrr-WA I,� t1,r. City. aro not removed tsithin the thnem ullnwe'i by rune ult t" trver: nut t'r ,:1? r•` this Lease. such improvellcenth omit/or 01A.WN tai, . upt•ts euc- .!nf1: #•, t(. i1,•' Lesselc, be sold at public miellon undo:,• thr. rt , cttiulr ,,: t`:7 City. Thr proopeds of the sale Ftlall enure to the Let;llcc u :o lrwrlY end/or chattels. after d+:ducting and plivilir to tri+) City all '!V i,re,; ri:11: • and awing. and expanses incurred in molchrr :,tsc:;t sal:. if t:•::era are, r bidders at uuch auction, the City in outhori/lid to bill on ru^_!s +rrn:vem:•rtr: and/or chattels an xmouttt equal to the nmount crv.,!d, or to beenin!t due t:t ill.:! r� City by ilio Lessee, or $1.00, whichaver. amctult Is s:rentr.,•. •!'t•n amity shot acquire all rights to such property, both legal and r.+.tgit•0)lr, lit such a sl-nk. 24. Title of imnrovr-mrntr a: l.nn%,1hn)e to i:iiv: I* tiny r improvements and/or chattels havinr an s,pnrnirc-sj valun of ItIn. 000 ro. lc:, s, as detarnlitied by the City# are not rotpoved L„!thin the tbnn aunt•: red by rrne»md Covenant No. 22 of this Lease, such ilnprmtetnrptt, sold/or ebntteir aball Intl -a ► to, and absolute title shalt vest in, the City. . i 28, flight to Adopt Rules tirl:erved: (a) City reserves the right to adopt, amend and enforce reasonable rules and regulations governing the demised premises and the public areas and facilities used in connection therewith. Except in cases of emergency. no rule or regulation hereafter adopted or amandrd by City shall became applicable to Lessee unless it has been ttiv en ton (10) days notice of adoption or amendment thereof. Such rules and regulations shall ` be consistent with safety and with the rules and regulations and order of the Federal Aviation Administration. Lessee ngreos to obsesrve. obey and abide by all rules and regulations heretofore or hereafter adopted or emended by City: (b) Lessoo shall observe, obey and comply with any and all f applicable rules# regulations. laws, ordinances. or orders of any governmental authority# federal or state. lawfully exercising authority over the Lnsseo or Lossoots conduct of its business. i � initialat „ Le lie rs t ` Pago Five, Lease Revision 4/29/70 1 f I 1.1it L••1 111. K.1.1" bl 1 ,••.•:,•,• 1:11 'ltl} di11'111(1"111 tq dl'111•tt^!'join I,f 1,•r ;••,•.luta, or 4•1 it . ri•fld•. 101•1.1 Ilh.l••' , loll 7[e,•rttlll, ,+f (1:•• t`ti 1.19'1:,.•r/f 'IIs%• • N••111'il' let '19. , I rllt•1••ilt•:1. 1111111.: S',•.. i,.tt •n1,,.:�!,.�:. !N • •.1•.1, Lt"t•, t` In• CIII'1: •1 G' 11111tltlJilr' 1111• 101[11•' [•1. 911•.• Jim lint( 41f* tb/1 leo-M!.4-1 r+t:Lal• herr 111 r •, .tell. by r1•:1 4111 .d' Ih•` r `.r•pi•.,• 1tf '-.n •h ril•111•, w. mtilhllrlty. teal• .•� fill! .1\1 . ! ti: •1•4Y•f . ,.. 11 •r1 it,t ••! .,[ is a1i 1 n... •,••rl :r.,.t: •`f tit,' t•:1: rhtll•. !, :/•. 11• t'• •1+1:lllft. it 7•'1'1'•.1• •1111; he 1'.1F1`•!1 iii to -1-t [)� P.,! l.•'•1f:.` by 1•• ..ua Irl it- is : th•:•.' +t• •, ..t}t t1:. i tot tt,. .'l it ht A111•.lut. .6. A!i,&•L•rllt tl•,..,•;t'r,ti•; 11 ,.t. ,!: P. 7117.1.1• I% fie: -,11y t•,.,,.t. -ml t., tli^.•t.,. for t:•r' i-wi h[•12r•ii: n° tilt- L•Ithli.•. :1 rips-, ', t • i . ,•1' : , + (,f nfrer:tit ill t1:•, i[jr-po.1 c tl;ovt: 11!17 .t:•'f, ,•rr r ttl+ t)••r•,r i•.+r. / ..,i•, ,., '•, V ta70llnl' frith t', ii-!'! tot;t_I• .. j1, rl•ilt .•j• in 71)77 01wratio:: !': Hircrurt, 1'[11: "f- tl1'•' •:Jf t' 111:-vd A): v1r. •t.:..l [)• ••1"':t:• . in the :lir, ul:irti s,.W air-in-o.•r l[[ttr!j:.,. .t T. t i.•1• on the Fr -nal Ai^, opt. (h) ( lie r t•, r. . y! n., ,..[ . `v a •.. . for it%elf. Its :!°r^i.Snl:tativef•• t•i1.:Cwwcie.$, r11r. 7t+a5lf+li "•! L :'i:1 iint nor pvrfvtft t1w i•1•ection of enyr utruc'ture ill, mijt.rtr r fP U?2•t'il t: ' C"^1tv1!. r•• any trent; on the It -rd conw-ye-d ht•••alns[iet', 11•h it•ll 14111}1•[' 1=r a!! [!:t tl' •i obstruction within the atnndards 1`:,tabltlfll=d under tho Jstr[t%-vi. Adminietration '!rg•tilctlosin. Psirt 77, at. n-neiviect. It, 'lt. c—ort tri, eeve!arlt is brc!•ehed, the Citv rvs5: 1vev it" *•i[rtll io • t:!:•• r..: t';c• `7stcs conveyed heretti-de r and to rittirwrt thrl o,fft•t11ir,Cr st'r •,1••t+ r;`• illi'l 1, 9 :%1 er- cut the, offending tree,. nil of which nh7111 be nl tl•.r vyp. r. iv t•,f tn.. "r s,. . Its heirs.or successors. or assigns. (c) The f esnee by ace`sittind iflis. convc•�I:t[hG etillrrt-=!y a ; '•1r for itself, its repronentative f;. fuceessora. and assigns, that 1t tt•i!i MA (nal;- use of the said prop -my in Any manner vbic:h might frlferfere with tho- Inntlow. and taking off of aircraft from void Konal Airport, or otherwise crontinpr art airport hazard. in the event the atw-eseld covenant is. breached, the (Aty reserves the right to enter oft the land conveyed hereunder and cavec the abatement of such Interference at the tnxpense of the Losses. 27. Rf lett to rn tnrnt and Peaceable ftolisession: City hert:hv agrees and covenants that l the et -see. upon paying rent and performing other covenants. terms and conditions of this Lease, slulll have the right to quietly and peacefully hold. use, occupy and enjoy the said leaned premises;. 28. Leasco to Pay Taxes. Lessee shall pay all lawful taxes and assessments which, during the term hereof may becomo a lion upon or which may he levied by the state. borough, city or any other tax-lovyiner body, upon any taxable possessory right which lessee may have In or to tho promises or facilities hereby leased, or the improvements thercun. by reason of its use or occupancy, provided however, that nothing horcin contained shall prevent Lessee from contesting the legality. validity. or application of any such tax or assessment. 20. Special Services. Lessee agrees to pay Lessor a rearsonnble charge for any special services or facilities required by i.essee in writing, which services or facilities aro not provided for heroin. 30. Nei Phrtnorshia or Joint Venture Crented: it is expressly understood that the City shall not be construed or held to be a partner or joint venturer of Lessee, in the conduct of business on the domised promises; Page Six, i (?ASH Initials: ,;,o os : Lessors Revision 4/29/76 -. Ili 1' tt :ud.l It i:. r III • -,IV 111141e t at .1 :•1 t ,-,-.1 I10.31 llu• ••. I.at ..0 it�y• it, 1is•,v 11 113•• parlit-n hurl•, j'.. anal !:it'll) A Jill 01••- 1 rtC�,iii. IIIA fir 1.1110.01•dt :.Sidi U-1111111. J1. 1lafatllt Y:.nk:^liH,t', a I.• If tat Lvr we r;lrrll in: I•C al* 1l:.�:1trrt1l3cnt for th.: hi•r►d•f►t i•f vrrdjdtr . , it., ;.If ti{ Ir•• .riitt.!3!.•►1 a L.trt!:, upt. e 3 if 3, rrr•.•it•.'s I.; :•Ins.-tinti-ol fits' the i..•^• r r,r i . -.3,.. .t : ••t. �; ;.,• ;n•,:1'. •.( uurb r thin Lear.:. and it tit• :.t t; r.Ism-• 1.t •� ux . , •:i: • r ., !sits v t� t• rf li'th'Is I'Vt. (..ji •• b. ul' if . V,'I$113: j1. tll•r:n I' lii-d: t!•:`:e 1' r" :l'r•3. I 1.•1 rf t!3t 11••itkruje!ay :let 1.1 t':•: i r::.•e.I tl: n .Sid In an• . • Jit. III- t•;(t• rr. ;•, ttj:r :I ,:;Visit, thr i•rr!,'.' t,•:t (1r:) .: t:' a t• i•:: t.• •,. i 3?. _rr�,•o1,�7•t�,•t1.,• :.., t••.,ir,, . r f t il,•• r.:,.;,.c; •,•»,. .. .. . dtf clx.rj rsP And t• of. I il..: r'i:: � , ,: :,,,;:{:.,1 ,:..,,y•;., i .:r: s. ,. 'h-. t• .:'e.:. cov.•1I fah; 3•t:a c•••!.1 It •3: + i , .il, .,, l,d. : ! no! be e, re:a•rd r. wfttt•: r of :1n} rpt-',: ci• 'l't tis ' t •. 3. tl.i : ••}. reer u-il frtr Y.iiU•'r' 1.;.• ai:'. 1.r.';" r :r • , •; •,. r r .. .....• . .•: . of the tering tar• eavpllanti or cdmdit{rm. !:•• r Sir, 33, 11.•s.»t+•.131+rtt.r,•�ti:•tt 7'i:`. j .• i. :tt••r ..tt.t.r,. , if the L.:litaee does nut nalintisin such o(.: r•nions rf- the• !.Iiv ilt jiff, m•lr• dlivrr�+t• sh,11 r d•terrl{nc to ba rt•t,t~•mnhh•, or it thr, ►..,•;;;..,. tr.. .i• ..i . ., ••!.:`: or filcilitkes sufficient to reJimillobly exr.:a:c :itt• nuts!: r.: !or Iri.i t•a� Lease is granter!. 34• Pah• n►erations.• This 1. %L Ira Sttt>j�'c1 to t::r3L•r.•1::.tion if the L,sst!tr foilf to furnish atich yervier: ct:t 4 hlir, clytt•tI !3rdd not urjtt Air discriminatory basis to all urer:: thenar. or fulls It, 'Or and not unjumly e:ir_1ltni11A1C3'j• prievi f" melt n:41 :o••v;'U"; ldcr. thol the Lessee rot►y be allotvnd to moke mist umble saA 13 1: c i:,:.;'it::Int+rvt•y discounts. rebates, or other similar• typrs of prier ruilttt:thats c., �nlu•: purchasers. 35. Control& to Provent rsi•,eT'kaffiflt.rm: City rm erves the t•rt•.I't to approve all extended to Sir withhold from the public. in order to insure ret%ouable eharptli and prevent t1C•t:••ii.l:? discrimination or segregation ort tate hnsi, of race. Met,-, creed rite n:ttiorol origin. or for any other rr sated renrr n . 30. Nondifxriu►htation: 71lo Lesser. for himself, bits heirs, personal represontat[vos. i uacessurs in interest, and afmsigna, at; a part of the considoration hereof, does hereby covensint and of;ree as it covenant running with the land, that in the event facilities Are entlatrucind. maintoinvd. or otherwise operated on the said property sieaeribed in this Lease, for a purpose involving the provision of shnilar services or benefits, the Lessee shall maintain and operate such facilities and services in compliance with 911 other requirements impaimll pursuant to Title 49. Code of Federal Regulations, Department of Transportation. Soblttle A. Mee of the Secretary, Part 21, Nondiscrimination in Federallynattiitted Profrains of the Department of Transportation -- Effectuation of •l'itle VI of tar civil Might... Act of 1904, and as said itegulations mny be amended. That in the ovent of breach of any of the above nondiscrimination covenants, the City sht,11 hove the right to terminate the Leasee Sind to re --enter and rellnesrlsr; said land and facilities thereon, and hold that some as if said Lease had] nover boon made or. issued. 37. Nondiscrimination, The L essec, for• himself. his personal representative, successors in interest, and assigns. as a part of the consideration hereof, does hereby covenant and agree as a covnnent running initials: ••• Lase .. Bar: Page Seven, L1MBF, Revision 4/29/76 L r e I .A t.III) M.- 1•1•+r1 111,11 ll) +t•, tr+ r-'ntt rtt 11:0 •;•v,utt•1 , ui r:• W. r•,th,:. nt• 1- ttinL. 1 ,+t•iI�ill Ar.tl Iw e.144-I11414•I 14-A)m it'll ti-mAit,rt its, tt, .,1-.11 Ilia to- 111,1 it•s rA . #,I- fit, ,rba nthr•t t. i e l.ttly••rl+ n (n lir et•i:.tfn Ili, At to the it:.r rvr . •till hell : C• t 1: .+ in Ito c:t:l: lruetiuu of r,:ty ivatrurrr.:ruts no. e,! r: , fir nnti:•t• Fu.'fs I.Q111 •.t.Q the fttrtsi: !tint; e,f l,rrvit.•-; thereon, ta► pr••"Its nn the rrottn.t+: rtf t% c.•. t - . - ,t'• tla,44:: 1 r,t-i.!itt VII -1!1 h+' 1•': a:111+1+•tt fr,4ft Irtt•!i+ if•,li,ni if$. t'••tti• •t Ik' i,• ..• ; f of. „r otf.,•rvis:r be subj+.sed to tkr..t r::.titsntion: CO Owl thi, 1. •. %b:,ll I u,e tl,r fir.:ei.'er. Its ra:� partner with ail ,onset• r++lite•,-r. • Wt: itrl-+.• +. d,y ut• pitr -et +;.t to Title 47. Cr,Qr+ of I•.:i+: at ne:'.ta•,ti+tn- ' 'f i t:' -i.•): t •:Ellie. y, i,li+'. S , tl':it'•. ,.f 1111, },;•r..f ,.�. Ir .rt. +, ..• t 'i- ~+'i' iq 1 • ,:.: I:y :r "i4ted 1':.+. «r,:. of t'.:+ bpd• : tr.,-r:t •r : t :,11...,..., Ftfo ! llatic"t rf'i•Itit1 VI of thv f 1V!I tli,•i:ts of i6i.•1, -trr! .:.i•t't••f t:! r tt:a3 Lr r:. ..r:.i. Thit in t':e r•v+ nt e:f b. -vs! of r.nv .if si .• t.,•o t ..r'.+s.. :. - CAVOM MR. the City !•;: tI Mve Of(- 2';':i;t tis terrlf'in', .. tri., t•. I. on d reIY,:•:rsY flirt I:tilr. and Ple f.:llilto., thn.,e..tn, nnrd 1:o1r' .I.(' ..+.. •,, +. said Le: -be ht.d never Itvwn !.gide ror Ibtivd. 39. Pprtf!lI%,oIP:fty: If rtny ir•r•tn, nrr"14nn, ue rd:tf+tt' r+" part of this Lrv!wo IF dr.,;!Mr#•cd by n Cm,rt of ro rn `!pat !r•. :r.:. btr • tr inv►lltd oruncon-tdlution'tf. the rrmnfitinty tormse. r,!•l•.'fafrort. vjtie!t?(+t­; ov parts Khali continue in full force and effect as tholtf�b tttub rr,:irn v: not made. 39. Parol Ilodiffcations: It is mutually unttrs"f:M and rfnfle•r• that this agreement, ac t%rilttsn, curet t: tdl tht• ttrrof r., Pill* and di-It;mien bets, fse!: this pnrlios. mid n0 rCl,r Qi:+'n}..tinnf+. pt Al or P!I•ttV-n. tat ! r' boon made modifying, adding to, or ch:t}tiring tho barn:; herar, f, 90. ttiat'1'an,v. The laity does not w trrar.t t1tut the propr:ly which is the subject of tiff s lease IF. biAted for life stile auther;2oC he rein. and no guaranty to given rm impliM tllnt it shall Isa profital lc tir suitable to etapioy the property to .,tach utac2, 91. MOMotuil Covattants: i esq,vt Gt!rers to evert oriditft,vP.; : and covenants as are ret N-th in Schedule 0. attrrefte•A. 1K WITNESS WNF.I11.0P. the pertfcr het•Cto have•• hereunto st t their hands. the day and year stated ill the indivitlual aeknowlef11rements brlo . CiTY iilt ICPVAI By ... CITY '.tAMAlil.R STATED ALASKA It ) ltA. • THIRD JUDICIAL DISTRICT ) On this day of , le . before me perronnlly appeared . known to be the pert!ort who executed the above Lease, and the acknoKledgietl that he (she) had the authority to sign, for the purpose stated therein. 1! ,t ii Pnern Nfn1t1 INA W. - - NWARY PiiBLiC FOR ALASKA My Commission Expires: Amrlol,.n A/90 /9R r - L 7 - _ s FPNWMP- ;,; �0�e�K,4 ' ' f d • '! (titit, d, r,it'l1L Irid'!`(S IA, If „r: thf ::; .; +. ,.r `� r.it (sn; .,•«=;ily tt}tlu*:rr•ntl _ .! . �. •:.: .... ; . +.,. tF�,..+ 1 t'.}=:+.+Xf•CittCr! ttS++ ft,}t.y+.,,, s••+. n, Dn+i t'L.t,t. ;•tn =.r..f �, •( !.., {. � .y •,.,,•, t..• :.,,t'if*:•!ty (it Step. tl:,r t•F :':a` • r6l, i::=• (,li '(•' • F+i: . t i+ . 2 t ACEI NOUILI ! IUMINT I't,ta lrt'Kti �`:ir ,t :t, lyts f STATE OF ALASKA ) ? ,ss, THIRD JVDICIAT, DISTRICT ) Before mo, the underaigpied. a K++taey I`ubll4 I,+ et.d for Ow of Alat ka. on this day pareanally app(r{rod and . hu,abontl +incl is brit-11-1iraat: it !e lif: +ls:• per,;ns whuao nomeo are eat,Z;ibed to the fr,rep"prof: I'misef s't=d rt'trtrr! f:••:F: to me that tboy executed the same at) the -Ir free n,rd voluntary vet Amd died, and for the purpo,snr, and eons.ideratiow4 therein expr+:►sswd. GIVEN /UNDER. NY HAND ANI/ SAI, OF MICH. tlfia �., Atry Of . 19—. NOTARY PITH—LIC f6' A1,0WA -- My Cemt»!inion Nxpireb: -- WASH CONCEPT AND D W7 LOMARNT PIAN PpI1 ,VpM by (Venal Platt»inn Commission this A day of 1_ "�" •j . txa .: ,TARr. APPROVED AS TO LEASE flnR'.►t by City Attorney �. ttn l�+i,l) APPittW-D by Finance Direrrtoe - tin�tir,ls) APPROVED by City Manngor 1 �• ••• {t»!/isle) CoASH. APPROM by City Ceunail this day of , 19 ti r i. Pago Nina. LpASH CITY C,t PRK Revision 9129/70 1� ion Af>arc:.s:_......._..._.._-.._ �:s 9.�.�..Z�4�i .iSaecal«AIC,�gb31..._�.._...____.__.__�.._...._........,....� J Huninear, and ;:.Wroir Kmad llenfi.vc)ij Ow-purItj SaNt' Tax 140. Isot cloak Vovircd lew,41) of 1,plaw or. Parsiit__ Proporty to be Used for DOSCriptiOn Of developments (type, conotructJon, nize, etc.) Soo !rano 3 of 4 Attach davelopmont plan to ,~scale I inch a 50 foot, showing all build- ings planned.Attached. . Tims acho4ule LOGO than One (2) Year. Hatimato value of constructions Dato--F .q)jw,ww 2&.IW Si GOP M. Rose Description of Property � (I—, k FOR YOUR INFORMATION Annual rental rate or cost Zoned for Permits required "; t t t !11 t I Assessments Insurance Required 1/,/', r.,*".� Construction must be darted by 1. Completion date for major construction THIS APPLICATION WILL BE A PART OP THE LEASE, Approvales Planning Commission City Council Rooelpt Acknowledged by applicant t Pane 3 of 4 Lease tlo. BUILDING 11WORI-1hTION Names Josevh ;'., Ions :)3A Performavq_9 `3,�p_s i , It is my intention, as owner and oporator of Ferforiance Sales and Service, to construct a new buildin% on Lot breo (3) for the purpose of expanding my present business. The building being proposed will be constructer) of cement block with a laminated beam full support roof. There will be a retail store front handling automotive parts and equipment with repair facilities In the rear. In addition to the retail store front and the repair shop located in the rear, I plan to construct a two bedroom residence that will be located on top of the main structure. The two bedroom residence will be for my own use. All engineering for the project will be done by P:II :;ngineering and the actual construction will be by a licensed and bonded contractor, according to all city codes and specifications. Construction materials: Cement Slogk with laminqtS&JWW full support roof. -......r.r....wn,.n...ww-rr.-.u. w.•r.•.nww.ta.•.a••-r.--_.._ _-_ r.r.r+.r+.r Scales 1" o r F Y� TAYOUY PLAN Lo V5$I r�r•j, 1 i :: i tin Name .Tae Ross DBA.. Prefprniance Sales and Services r i I s b i i n ,n • �E - F�t..1r�.sarr..�G, .. '•, � .s -• - X50' � Y— 1 F r — SCa'il.e I t 1 1 .� a _,.: � lid � .--- — - - -. -- - - - .n- � -'. - � ._ -.r•z - .�__. -- • i .. , j, � •;r • :..r..:n*.ar"!'"'i�u, 4 -r••.. -r; :,.f • r• • sss.r+.:..;..:.. r. ( i �,.•„ �. `• � ;. r • «•�t+rva�w.. •� ,���.� 1~�I ,•�• .�1 rt .'%ba-._ �r •j .1 �.!. ..ii•4.1�i�..i� •� T�+/.�'a►+:a.r�>r.r.•.�i�� 'L I- ILL .. b' .s., it s.r�n�Sy «�:. .al.r•••. '. .. � ,.ky - . 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N 0 a I I.Y.ASP OF AIRPO irr t.APdiiti Oil FACTUTIi'.S THIS AGREEMENT, entered into this day of i 18 , by and between the CITY Oil KENAI. a home-rulo municipal corporation of Alaska. hereinafter called "City". and Robert: L. Bergen hereinafter called "Lessee". That the City, In consideration of the payments of the rents and the performance of all the covenants herein contained by the Lessee. does hereby demise and lease to the Lessee the following described property in the Hanoi Recording District. State of Alaska: to wit: Lot 4, Block 1. Cook Inlet Industrial Air Park, Kenai Recording District, Kenai, Alaska. Term: The term of this Lease is for 99 years, eosr:aeiscing on tholst day of June 9/8, to the lUth day of ;j June X77 . at the annual rental of $1..350.00 ' Pavmont: Subject to the terms of General Covenant No. 10 of this Lease, the rental specified heroin.,shall be payable as follows: (a) Right of entry and occupancy is authorized as of the lot Is day of Jtttte , 78 , and the first rent shall be computed from Stich date until June 30, 78 , at the rate of S 3.70 per day for 30 ' dayu. equals 8111 fid' pow duo. (b) Annual rent for the fiscal year beonning July i and endtng June 30 shall be payable in advance, on or before the first day of July of each year. ji (e) Rental for any period which is less than one (1) year shall i! be prorated, based on the rate of the last full year. .i (d) The rent specified herein is calculated as follows: square feat at $ .06 per square foot per year, i or$ 1.350, UF • per year. _ in addition to the rents specified above, subject to General Covenatd No. 10, the Lessee agroos to pay to the City face as hereinafter provideds Q* (a) Assessments for public improvements now benefiting property in the amount of $ n/a (b) Applicable taxes to leasehold interest or other aspects. (o) Sales Tax now enforced or levied in the future. (d) Lessee agrees to pay all assessments levied in the future by the City of Kenai, as if Lessee were considered legal owner of record of leased property. (e) interest at the gate of eight percent (8%) per annum and ton percent 00%) penalties on any amount of money owed under this Lease which Is not paid on or before the date it becomes due. patio Ono, LEASE Revision 4/20/70 i a li , a,l still J1�11 slew.•_ \ - ....,. -. The lour•pur•r fur tvlrieh 11111: I•eaw i:: hr:uctl Is: Retail parts store, in accordance with Lessee's lease application dated January 27, 1976, attached hereto and hereby made a part of this lease. I. t•rrs: Pxerpt as providet' herein, tiny rep;ultrr use of or facilities witlmut Iwrilten conbent of the City Is prohibited. Thir: prohibition shall not npilly to uw^ of nreati desh!noted by the• rfty fol• an• . public uses. such f15 possenf;.:r terminals. ,:utnmobito parkins! ureps •.nw! •- 2. Vseq Not Contemnlated henhit,ited: Snticitation of tit.;; • ; or the promotion or operation of any part or kind of business or crimr.u.1Y, enterprise, other than as sper•ifieully set forth herein, upon. in or nbov- airport lands. without the written consent of the Pity 1:1 prohibited. 3. Impounding of Property: Any or all personal or r er..l r,r• placed or used upon lands or in facilities in violation of prohibitions moy removed and/or Iropounded by the City, and when so removed and/or impounded. such property may be redeemed by the owner thereof on!v utir the payment to the City of the costs of removal plug storage charPr:a of per day. or $5.00 per day in the case of creb building or each aircraft In excess of 6,000 pounds gross wcil!ht, or in tho case of any other hint! of property. an amount not to exceed $5.00 per day, or in aecordanee u its: °. higher fees as may be incorporated into regulations of city's Airport. 4. Commitment for Rent and Non-Asnirrnmont: Leegee to pay the annual rental and fees specified and not to Posii;n this Viaen t1r any part, nor let. nor sublet. either by grant or Implication, the whole or any part of the promises without written consent of the City. which conar.110- shall be obtained pursuant to the following procedure: (a) Submittal to, and approval of, proposed lease transfer r-. the Kenai Planning Commission. (b) After approval by the Venal Plannitrsr Commission, f!r.:1 approval of transfer by the City Council. :1 1 Any assignment in violation of this provision shall be vold. .:t4 shall be grounds for cancellation of this lease by the City. +' 8. Treatment of Demise: The Lessee Agrees to keep the premises clean and in good order at its own expense, suffering no strin or waste thereof. nor removing any material therefrom. without written permission of the City. At the expiration of tho term fixed, or any runoner determination of the Lease, the Lessee will peaceably and quietly quit ane surrender the premises to the City. 8. Payment of Rent: Checks. bank drafts or postal money orders shalt be made payable to the City of Kenai. and delivered to the City Administration Building, Kenai, Alaska. T. Construction Approval and iRtandarda: Building construction shall be neat and presentable and compatible with its use and surrounelinca. Prior to placing of fill material and/or construction of buildings on a leased area, the Lossoo shall submit a plan of proposed development of property to the City Planning Commission which shall be opproved in writing for all permanent improvements. lnititlss i Leasee: Lessor: Paso Two, L1r.ASP Revision 4/20/78 N r -- - ' I III II .It 11111 i A. Lt•utitt 111 .e:r,1 Itr11134:.1 Pr,•••„dura: In•:,s3tv:.heti tvt(h' ('10) dot):• 1•rftu••! Ihr ,•:.pit•tditsl, ur�lu� npl�t; •r•1; 4+ it) tv+flint! ftn n rear: eerlifyint! un,lor Oath Sis to the eliarael er aml e•,dnn off ail Impruvemt:111 s: elchsting fill IN- land. Llcilitie:+. p1•opertie n, r•► fatt•t•oat thf'reilt, the ptt••I _ for which such renewal is: det:ired. Anil suelt of er informrltion mi filo 9.11 j may rctltOre. Thr! Lewme :.11,111 ►lop,rAt with t u,•h mor)IIe:llinn, flit' Sn equivnhmt to one hundr•+A pnrcent (1110'') of Ill-:11,ow-01nl• nnnunl eels•:' fees still in effect. Aueh applicirtion. wht•n Atll:• crrn6•rrnlnu to the requirements herein stated. %-. ill "tend thy t rn' r• on a mnnth tn-Monfl! I • until such time as the City /.riVes notice to ! ••!• th'tt: q (a) The request for renewel h•ts twen ntmnted. _ 1 (b) The requc&t for renewal his been rejected, slntinf• t j reasons for such rejection. i (e) The City tuts determined it to be in the be -t pethlic i1 or is required by Lair or regulation, to offer th•• ►.c.:,sse at a nubile. au•!,i, (d) That equitable consideratinns :•`squire a revit,;on tyf t Lease prior to granting a renewal. 0. Ritrht of Entrv: Rhould dofatl+ he mn& in the payt'tt 1 any portion of the rent or (cob viten due. or in any of the eovenrnt*, or conditions contained in the Lease. the City m -y ro-enter nnti tnhe purse of the premises; remove all persons therefrom, and upon writton roticr. terminate the Lease. V 1, 10. Rent Escalation: In the rt•ent this Lease Is for sI excess of five (5) years, the amount of rents or fres specified heroin sh the option of either party. be sulAmt to reuF-Yati^lion for increase or tat' at intervals of five (5) years from the let day of July preceding the effective date of this Lease. The amount of such rents or fees on renero shall roftcet the than prevailing fair market :•alun of the loosehnld. Va Increase or decrease in the amount of rents or fees shall be effective, ev"Pt upon ninety (90) days written notice. In the event the parties are unnlslo to agree upon the 911 of such increase or decrease# such amount shall be determined by three (3) disinterested persons; one thereof to be appoh►tcd by the City Council; ottr, to be appointed by Lessee. its successors or assigns; and the third to he chosen by the two (2) parsons appointed as afnresaid. Tito written determination of such threo (3) persons shrslt ba final and conclusive. Neither party shall eommeneo legal action without complying with this provision. 11. Building Placement Restrictions: No building or other pormanont structure shall be placed within ten (10) feet of the boundary line of any lot hold by a Lessoot provided, however, that where two (2) or more !� lots hold by the Lessee aro eontinguous. the restriction in this condition may bo waived by written authorization of the City. 12. Protection of Aircraft: %o building or other permanont structure shall be placed within fifty (80) feet of the property line fmnting, a i landing strip, taxiway or apron without the written approval of the City. This area shall be used for parking aircraft only. 3' 13. Notices! All written notices required by this Lease or oarmit shall be sent by registered or eortified mail or delivered personally to the „— ,„1...__ .,..,... Initiolss . za �; Lesnowd2 Lessors n i I FA V 0 int•t oddreKs of re'4ut•d in the files of the, City. 14, (►ffer to Leer:'• Aetwir6lnr.r Tho offer. t+► Imesp its ennde';ubferl to upplicrAdoIstrs nevi ►•r;!ulnti:ne�+:.)f f•;t�•, earl ►arty Ix- withdrat.'n witl'nut notice sat ntty time after thirty (30) clays from glit,11i48inn tbrrnnf, ��t,�tK wtthhl such thirty (30) r!+,ys till? Lowe& rail' uteri'till, returns the Lease to lied. City. 13.l'm_i�.,.iti in:; '1'ille: Th(- intr•r'•:as err nsferred, or c.m% + • •! lay Halt; Lense save suhj,:et to any and tell of tier, cn+rr+nalltt.. tt•rnls nr eoa.!;O rr contaiti-M in the conveyltyr Lite or alae+• intu•teNta to the t•:I% . 16. I1ht of 1nKtlectioti: City whrtll have the richt. at rel reasonable times. to enter the pretuises, nr t.ny part thercuf. for the pus ti.u•.,rS of Inspection. 17. lnqul•ence: I.eRS00 covenants to save the t'ity i"Mm all actions. suits. liabilities or driningpo rerultin!r• from nr nrU ip, *tet cd• rev acts of commission or omission by the; Lc•ssr (j. itis agents, etnpleyces. r;te�:te►:+ �t c, invitees, or arising from or out of the Lessee's ckwupetion, or utra of tio., pr •,�!: r•r. demised, or privileges= granted. land to pay all cost:, eonnectad therewith. H: this connection. the Lessee agrees to arrange anti pay for all the folio:-irett: (a) Public liability insurance protecting both the City , lare.ror Its agents and the Lessee, such insurance to be evidonecd by n cartiM-:,t6• showing the insurance in force. The amount of ouch public litel)ility i, t•u, r:ree &hall have limits not less than those known as $100.000 300,000 kqtqOO (b) Lessee agrees to carry etnt>loyer's liability ipaut-ni-rx. •=ter! Workmen's Compensation Insurance, tend to fell-nisli a certificate thea of to tiee City. (o) Insurance eontr':et& providbiV Hability insurance Pied Slorkmon's Compensation shall provide for not less that thirty (30) des s written notice to the City of cancellation or expiration or substantial chi ;ego in policy conditions and coverage. (d) Losses agrees that waiver of subrogation against the f.•its shall be requested of Lessee's insurer, and shall be provided at no cost to the City. (e) Cross Liabilitv: It is understood and agreed that the inauranco afforded by tills policy or policies for more thsn one namnr) Inrtired. aliall not operate to increase the limits of the company's liability, but otherwise shall not operate to limit or void the coverage of any one named insurer, at, s. respects claims against the same named insured or employees of such other {; named insured. `i 18. Aceountina Obligation: Lessoo agrees to furnish the City an annual shorn statement of gross business recoipts and/or an annual sworn statement of the numhor of gallons of fuel and oil sold atld/or any certificate or statement to substantiate the computation of rents or teos, including reports ito other governmental agencies. i{ 18. Collection of Untmid Monica: Any or all rents, char7us, fees is or other consideration which are duo and unpuld at the oxpiration of voluntary !. or involuntary termination or cancellation -of this Lease, shall be a charge against the Lessee and Lessee's property, rent or personal, and the City shall leave such lion rights as are allowed by Law, and enforcement by distraint Poem" itn►►r. i.VARR-- lnitiatst , Lessen:IZ1 Lessor: Its vinion 4/29/70 may he uulde Ity the City 411- its nuthorl!'ntl rlt:e111. 20. Vismelln-til ffrnntt: he:.rrvi•d: City rmiervrs the rip' and control vam-menu in. 711• 1161V1.- the 11111.1 11-;wrrl. No mwh I:rrint rq• car:ement will bus msl/hr that will unren-onnbly intrrfert• with tier LoHtu31 i ! of the land. I � 21. Lon" tinhnrsiInntrs t11 Ftn.rns•ir.1; 1.v1 uire►nrniv: Lr• that City cony modify tithin Lrase to nu•rt revised roilitiivemmitf far rr• i-: State grants, or to confm til to t'u• resitsiverim!tc <rf :any rpt gnu•• !xrnd C. However, the modification shall not act to reduce tltr rifrhts m• nrivile t granted the Lebbee by this Lease, nor net to eatlsr Mir- i yr sne finanelf, 22. Right to Remove Imr•rovemert .: impra•: ements ow Lessee on airport lands shall, within sixty (60) dovs after the Orpirat termination or cancellation of the lease, be remnve-d. provided that, i1 opinion of the: City, such removal will tint cause, injury or d,iMr/pe to v lands; and further, provided that the City may a: -lend tale tirne for rm such improvements in cases where ha^dship is prnven to its witirfacti provided further, that application for e:rtenston 13 is beau m :du in %Veil received within said sixty (60) day period, The retiring Lessee may. i the consent of the City, sell his Improvements to :. succes dine t+•nnnt. 23. lmnrovements Lofton i.Pafwho. rt: if any !r.+prc m" - chattels having an appraised value in cn:ceLs of 5tb,(+00 as erter:r•inn-1 City, are not removed within the time allowed by general Coverinni !2r this Lease, such improvements and/or chattels m ly, upon eve not!cP Lessoo, be sold at public auction under lite direction of thrr City. The proceeds of tite sale shall euurc to tiro Lessoo %rho owns such irsl,rnv: and/or chattels, after deducting and lsayIng to the City ail rc nta nr fe., ' and owing. and expenses incurred in making siueh smile. If tbe!r.:• Pic bidders at such auction, the City is authorized to bI4 on such Improve and/or chattels an amount equal to the rtmount ntv i d, o- to 11cormvi uu� City by tho Lessee, or $1.00, ubichavrrr amount is greater. j i•e pity acquire all rights to such properly, both logal and eugitabl at such 24. Title of imnrovomerita on Loasahold to Cit�r•• if sny I. improvements and/or chattels having an appraised value of 810,000 tit as determined by tho City, are not re+poved within the lima allowed h; Covenant No. 22 of this Tease. such itnprnvements and/or chattels sh! 'Ir ;' to, and absolute title shall vest in, the City. 28. Right to Adopt Rules Rnaerved: is (a) rity reserves the right to adopt, amend and enforce reasonable rules and regulations governing the domised premises and the, j; public areas and facilities used in connection therewith. Except in cases of emergency, no rule or regulation hereafter adopted or amended by City shall become applicable to Lessee unless it has been (liven ten (10) days t' notice of adoption or amendment thereof. Such rules and regulations sli!Il l be consistent with safety and with the rules and regulations and order of the Federal Aviation Administration. Lessee agrees to observe, obey and abide by all rules and regulations heretofore or hereafter adopted or 1 amended by City. �'• (b) Lessoo shall observe, oboy and comply with any and till It applicable rules, regulations. laves, ordinances. or orders of any governmental !+ authority, federal or atato, lawfully exercising authority over tho Lossee or 1� Lesseo's conduct of its business Pago Five. Loaso r is i initials: Lesseo: Lessor: Revision 4/29/70 f I-J....__.A it:) Vity %h.►1i u•►t U.- Ih0b1t• to t.r•.;re for folly diminution deprivation t,f la►;wr;•.;e+tt, ter of it-: ri*!lite: tre•rettrr,t.y'.:fit 111mount of the exeivire of any -melt rirtlit or atithurity r►:. ht this Si-etlt,n irt•t,vkk•d, nor f,ct..-.ve lir, r!nlitled to lermivals- Ow wholy c,r nay porfl►+n of the lottirhrdd estate herein ereatvd. by rewati of tho exercise of soell rights or author utile -s the extort; fir. fliertw.f Miall :,n lnt,•t•f,-n- trlth t.rr::..•s•'r; use rants ooer of th- lest chold ostato as to comistitute a terinintition in ,:•holo or h% p. -:rt r this Lease by ol►eratfon of law tit nacordanro with the 1 ;rws of the titnie r Alaska. a 26. Aircraft pperntions Pro!nrted: (a) There is hereby reserved to the City. its successor, assigns. for the use and benefit of tate putilfc, a right of flight for tlr: 11, of aircraft in the airspace above, the surfnee of the premis;rs hore!n cr=m: together with the right to cause in Fuld ofral,nce such nr,i ,e as trey be it in the operation of aircraft. pas.• or hereafter used for navigation of or f In the air, using said airspace of landing at, taking off frena, or opernis on the Kenai Airport. (b) The Lessee by accepting this conrcyrnae exp"f•;.nly for itself, its representatives, successors, fuirl assigns, that it will not nor permit the erection of any structure or nbjt:ct, nor porn+it Me prat:•, any trees on the land conveyed herounder. whf^h W#Me he all t:is•pr,s•t obstruction within the standards ostablis;hed under the f'st•{oral Avsntiv Adminishation Regulations, Part 77, as amended. in the raven the rfor covenant is breached, the City r►:gerves the ritrht to t iter on tate lana conveyed hereunder and to remove the offending strufAure or objewt, at cut the offending troe. all of which Shull be Pt tl:c of thr, Logent its heirs.or successors, or as.Agns. (c) The Lessee by accepting this eon cyonce exprttrsly for itself, its representrttivess s-ttccoasorso and assigns, that it will net use of the said property in any manner which might intorfere trill% tlt, l and taking off of aircraft from raid Kenai Airport, or otherwise crentink airport hazard. In the event the aforesaid covenant is broached, the C reserves the right to enter on the land conveyed her:utider and eauce t abatement of such interference at the expense of the Imsbco. 27. Right to Enjovment and Peaceable loos+t<ession: City agrees and covenants that the Lossce. upon paying rent and performitti other covenants, terms and conditions of this Lease, shall have the rig] quietly and peacefully hold, use, occupy and enjoy the said leased pre 29. Lessee to Pay Taxes: Lessee shall pay all lawful to assessments which, during the term hereof may become a lion upon or may be levied by the states borough, city or any other tax -levying bod upon any taxable possessory right which Lessee may have in or to the promises or facilities hereby leased, or the improvements thereon, by It reason of its use or occupancy, provided however, that nothing horein contained shall prevent Lessee from contesting the legality, validity, or application of any such tax or assessment. !' 29. Snecial Services, Lessee sprees to pay Lessor a reasonable ,f ohargo for any special services or facilities required by Lessoo in writing, {� which services or facilities are not, provided for herein. i, S0. No Partnership or Joint Venture Created: it is expressly understood that the City shall not be construed or hold to be a partner or joint venturer of Lessoe, in the conduct of business on the demised premisost Initials; I�ossatrr: • . - . i In 111111 it be ral,t.•t:r ly umier•dlnnl mut 81gt.vvl 111,1 lilt- t•4U1116+ttt:hip 1111VI- •n 1114. 6.11411-1 Ilprc•l . I%. teal •:11•.111 11 8111 118111.4.. 4.,n :�i11, til -11 11f 111n.aol d 811111 14.1111111 , 31 . Iter:••tlt ilse'u••tllha•. etc."If tilt. Lt•r.;c,• rhnll m:.l;r .181} assirnmcut for or %i► all b.• ndludl!ed a bunht apt . or I if of receiver f•t eplmhttost far Md. 1 •••;.:re et• 1 •^j•:• ••' : 1s ,r .1ffi. pt, tiny int. s.•• t /lag unties thin: Leumi. and it ttlrs ut,i,nintf•14•111 of tt: • re. -!elver in not vaeldo•11 �� 31 within five (5) dugs. em if a vl.tuntitry pctftf•,a k filed t rider Section IN1:•t of the Bankruptcy Act l,y the l.c :}:;e•a, then onrt in silly nvetd , 1110I, City r•4. upon friving the IxFt.e.• ten (10) ,111y c' nntfen. this i.r;tse. 32. Forehentnnce'Clot Waiver of ('itv's trir►hts: The 4..c•,••;•t:►•u. 1. of chargos and foes by tire Cily f,)r nm• peric,<t 4.•r,;rt�inil� rifler• thfrltilt of the terms. covenants void conditionn herein to he 11mforsned by the 1,c•:-s!rr shall not be deemed a tenlver of. any ri-lite• oat tiro p:1rt of the t'ity to tr.....Or ••tc - this ngreemrnt for failure by Me LeRsev to 4.,e• tc s•t:�, heep or observes t r. •, of the tensa or covenants or coittlitions heroof, 33. Reasonable nw retitms: Thio Lease I.- subject to If tho Lessee does not maintain suet oparntfon: r.4. the Chy in its nok •".�.. • .i shall determine to be reasonable, or if the Le•;soc frills to m.titi:lttn 1t ::l.;'; or facilities sufficient to reasonrtbly ex -cute Vw purpose toe whin11 1W. Lease is granted. 34. Fatty r 'Phis l,aar;: is subjcot to c ane I! i.,.:-. it the Lussee faits to turninh such service on r. fair. enual and not unju elle discriminatory basis to all usor , therout, of- fufln to charge frir, ter,::: i::l•; and not unjurtly disoriminntory prices for Poch c'ttft or ant -vice; pen: i%4.•' . that the Lessee may be allowed to make roal;onrl to and tion-dlacrim't•: toj y discounts, rebates. or other similar types of lu Joe reductions to volume • purchasers. - 35. Contruls to Preventilii^t•t:••tn•,l'nn: City tesorvcs tier• t•'!:I f. to approve all charges and privilrges extun;tacl to c r withhold from tit:: public, in order to insure reasonable, charges end provcnt poestible discrimination or segrogotion on the basis of mice, color, creed or nt tinrai origin, or for any other related reason. 0 • i t, 38. Nondisorlmfn•itionr The Lessee, for himcclf, his heirs, personal representatives, successors fn interest, and assigns. as a ttoet of the consideration hereof, does hereby eovettnnt and agree as a cover:am. running with the land. that in the event faeititles are constructed, intlitlttlit.rtcl, or otherwise operated tin the said property dotscribed in this Loose, for e purpose involving the provision of similar services or benefits, the Lenr,cP shall maintain and operato such facilities and sonmrices in compliance vr10. all other roquiremento imposed pursuant to Title 49, Code of Federal Regulations. Department of Transportation, Subtitle A. (Office of the *I Secretary, fart 21, Nondiscrimination in Federally -assisted Programs (if the Department of Transportation -- Effectuation of Title V1 of the Civil Rights 1 Act of 1084, and as said Regulations may be amended. That In the event of breach of any of the above nondiscrimination covenants, the City shall hove the right to terminate the Lease and to re -eater and repossess said land and facilities thereon, and hold the sumo as 9 said Lease had never been mudo or Issued. ,{ 37. Nondiscrimination: The Lessee, for himself. his personal 1 representative. successors in Interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running Initials: i Page Seven, LEASH Lessee: Lessor: Revision 4/29/78 i n: with the inim ihnt (I) no I►rrron ou lhr twountim of raev. Color. or wit if)$wI origin :drill Ile ent'luded from partiriliation lit. ►l•ntiod the b.•tudit►: 0. or b4 atltrr►cit;.: suhjveled to 11P.crit►throliun in tip., ttse of %nid fnvilitics; cl) it •f in tho cun%lru.;liun of stay hal►rovrtas•rtts mt. over, or under ,.rich lard rte. the fort►inhing of servives thereon. no pe+rrnn on the rrounds of race, r..b• . or national 000a shag lit? r"rlusird from partirip•►Non in. denied the 1•, V. of. or otherwise he sttbjectled toil! scrim flint ion. Gt) that the lxa..e sboll uan the prumises in eomplfitnce with all other roquirements; imposed by or pursmtnt to Title 49, Code of federal Rel;ulatfons, t)epnrtrir•nt of Translwrtation. `subtitle A. Office of the Sruret•.ry. Part 21. '�'�ndis�• f in Federally -assisted Proijlmms of the Department of Transprn•fafon - rffeetuatiutt of Title VI of the Civil Rights Act of 1964, and or. said Regul: t► -- may be amended. That in lite event of breach of any of the above nondfw?, :*•-! •'- covenants, the City shall have the right to terattnctte the Leasr and to re • and reposness said land and the facilities thereon, and hold the, score ns {r said Lease had never been made or issued. aa. Partial invalidity}: If any tyle, prcvinion, conditinr •:r part of this Lease is declared by it Court of coulpctent jtarisdictfon to b•• invalid or uncottstitut:ottal. the remnining tet•ms, provisions. condifirm-: !.» parts shall continuo fit full force and effect as though such declaratiss+ t: not made. Mt . Parol Modifications: It is mutually undcrt ton:i arra f ••. • • r that this ugrosmlent, as written. covers all the arreenaahtts and betweest the partes, and no ropresentatfoiss. oral or wt-iltna, hr.vo made modifying, adding to, or chnnging the tortes hereof. 40. Warranty: The City does not warrant that the prof•, :• i e which is the subject of this Lease is busted for the use authorized hen -rent. and no gualmnty is given or implied that it shrill be profitable or sufirl. lc to employ tiro property to sut:11 use. 41. Additional Covenants: Lessee agrees to such additlonr•.1 and covenants as are sot forth in Schedule D. attached. iN WITNESS WHEREOF, the parties hereto have hereunto urt their hands, the day and year stated itt the Individual aeknowledgemGirst-t: 1•*2�•t: CiTY OF KRNAI 8y CITY MANAGER STATE OF ALASKA ) THIRD JUDICIAL DISTRICT ) On this day of . 10 , before me pr:•sonally appeared . known to be the porsor who executed the above Lease. and the acknowledged that he (she) had the nuftrity to sign, for the purpose stated therein. 'f �i i NOTAitY PUBLiC FOR ALASKA i t� My Commission Expires: t Pnvn Virltt. LitASE Revinitin 4/211/74 T -.t- - -r - 1 STP 1T OF M, %%K A ) T1111tn .111110 a.111"TIOCT , n) 1,^renally :,rgu:: ed �s k'S_.>�~BLI:'C:�.1•!._• �cFi�t:ri i�•%�c ahs ,► . •, r:hr, eXec•uted the, fknve Lonse Oral s%0*n ..Clelftv3 th"t fie (site) had thr authority to sign the Ff.tn.•. for the, purpo,ct ht•,te I tNprnin . My Cr.tr l:.i!.:ir n ra oh -f .".,. s?' -r G[7 ACKNOWLED(T:IENT FOR Irt'SIMNI) A:at Mi'l STATE OF A LASKA ) ) ss. THIRD JUDICIAL MSTRICT ) Before me, the undersigned, a Notary Public in and for t1u.:1:i,t,; of Alaska. on this day personally appeared and . husband and a: ifr•, both IaiK. a to t,�•^� persona whore names are subscribed to the Mrogning J.Pasa. and achno,s•� to me that they executed the same as their free and vrlunt.•try ret and. d :•.c'. and for the purposes and considerations therein expressed. GIVEN UNDER MY ISANit AND SEAT. OF OFFICE.. this , drsy Of , 10 NOTARY PUBLIC FOR AT,AS1- My Commfsvion Expires: LEASE CnVCEPT AND DUVEMPI-WNT PLAN APPrtnVt n b� kenf,I Plonnf-Ir Commiceion tide �dey of �n'1Q.tn� . l9 Q BF.CRT:�ItTit APPROVED AS TO LEASE FMI by City Attorney (Initta�is) APPROVED by Finance Director rNtl- - (tint APPROVED by City ittannpor r_ (initials) ' LEASE APPROVED by City Council this day of !� CITY Cl FR c i, Page Nine. LEASP Revision 4/20/76 000 0 1)4r % 90 of A.PPI-ic Ad r an! N State BUzjPQSS Licellsa No. (check wio) A�Leasaw tot Vescriptfon_., Desired leuc,-th of Lease or Permitq9JIM YeOAOP"6 5- -!4roperty to be Used far (��-A*/O A�N Description of developments (type, construction, size, OtC-) Attach development plan to scale I inch 50 feat, showing all build- ings planned. Time fichadule-5fcr I N r"M M sTell r ---r 1 r) NJ O -N oe Ps -r iMA-r-E, 01.6m P)_ E -M P P -J APPICOY- 0 GT 0 V73 of constructions Notiviato valuo oste-IleV 2 / signed I U 0 Description of Property CST LI „ j 1-W- 014 3 - dU.3 -Ivz0 - Oil OO I FOR YOUR INFORMATION r Annual rental rate or cost -,1° - �n n465,-.06 Zoned for )-)G- $-IT 1 wDLiSTs21A L : Permits required 9, I- �r _ . .. Assessments m e► N F Insurance Required 100 Q 00 1,300 Construction must be started bye) %-rvi # si -rtop Ys Oir J -EAS i:i Completion date for major construction THIS APPLICATION WILL BE A PART OF THE LEASE i� .. Approvda: i Planning Commission By City Counen By Receipt Acknowledged by applicant } f. � — , r •r1 r t . e - j t I r 11 _ Illi IIII.1 II � Page 3 of 4 BUILDING INFORMATION E Names f I i � I � li r J � Construction materiales%i!?�' ' Scales I! I � . 1� V GWY m UISAf. •aaw. �ISn � � � • i dr /IIOMI «{Y I t{. i ROOM O/O: N[11 � s.. � • jam' r f . f - i . V r` 1 �ISn � � � • i dr /IIOMI «{Y I t{. i ROOM O/O: N[11 � s.. � • jam' r f . f - i . V - - - - - r ,,.. - - --r - r � . -� -. .- -_- -'.•rte' f t ` � tAANIMO OITAIL f` X11 or mm"m "WKS. seae- q Mp _ A rr4 Glum N'O.t. 09M ILLY or it r.r#LNL !t i O pL• .• tjj.' fur. N'O.0 rr 1'slum i LLU1 .Y — -- = FRONT ILLY. ' i p I MR. ?r..r1,0 r� I, F i I� i /* • I , _ _ lil I --111 I it _.___ -- _ _•• - .. ____— ___ _ -_i_,__, . �Y:s�c -—y..lR.n.-,is lci•�6lsll, _ 1W.� f1u_uen 1 Nei. i?p ift- fp4w•C t) 1 �!.'/A� Q V r tt IL r. • - -- - ...i._.i_..i_.._.I!It�!l1.----...-----�—'---. J. _._I!!J-.0?rl9lllii i3M•7�i's"""' ..- conavtgti AOrOryY vm4t% i Onus to u [tilt belorL rtltutKftlr'/Lrr0001100Ib,l./MINI•f/16Lt•t4hItli iL•0•t. `O.It s• waL.lrtir • wool 4M4R0man plrwi �ruai .., t yr trttrrow TtR 1t.LLi � «lu 4 .� .. d• • asses • (prtrNlptll/1/1�1 AAti -r I �/'N'NtN• li •A- 0. i'4P it4it•N Oir � - - - � �Yt'tI[p00t11� tilt •: 0.11 i•Yl• IrWLLT104 � . !t 0 VAM OMrlte WAIN 6 t t J O� J •\t0ar611t0 MAY 4.� IIMLLi OVt' �� .: VD 1.1t. i� 14/90104 WALL% 1111 ' vlfdrK�on � r .f i \ ♦• OLIO/001[0 m9mu ; RATCOK&I N ILQpO pM/044rMtt0 A, •! �� ��� ta.AenO aLL f gMripr AltrT ' /roollum Ito toot CAM =ON • CON/TNUCTION 09TAILS • t Al. _ , _ ........:.:._ . ... .. _... `.e r .. _.— � ---� -✓.nom . r E . I H f ' • it 1 f - - I i; J � 4 �4-of / A� / �`• •••►• d•••• •id• �� et d• /p OCAA s _._ .._ \� 'aOOO �' Oct �L• ' I /� • d�� �• 'dO.oO �dO.Oo M ' see sgOO � �•Qi' �°O'Oo / 'Nape 1 • I Y '. •••.V- • • iQRo °o .�°A♦ I f 1 _ I I ' I J - I �. r F KENAI PLANNING AND ZONIUG C011-IISSION C REGULAR MEETING DIARCH 8, 1978 I Kenai Public Safety Building 7:00 p.m. Sharon Loosli, Acting Chairman '� - - 1. ROLL CALL Present: Sharon Loosli, Cliff Heus, Nick Miller, Dwain Gibson and Phil Bryson Absent: Sol Raymond and John Monfor Ex -Officio Member: Betty Glick Others Present: City Manager John Wise, Public Works Director Keith Kornelis, Borough Planner Jeff Ottesen, Pat Malone, Ron Yamamoto, Jesse Lobdell, Doris Lashley, Stan McLane and Roy Wright. 2. PUBLIC HEARING None 3. AGENDA APPROVAL MOTION Mr. Bryson moved, seconded by Mr. Heus to approve the agenda for the March 81 1978 meeting as submitted. Motion passed with no objections. 4. APPROVAL OF MINUTES OF FEBRUARY 22, 1978 MOTION Mr. Heus moved, seconded by Mr. Miller, to approve the minutes of the February 22, 1978 meeting. Motion passed with no objections. 5: OLD BUSINESS A. Lease -Application: Lot 4, Block 1, CIIAP - Bob Boraen. The Commission reviewed the lease application as submitted by Mr. Borgen. _ MOTION: Mr. Bryson moved, seconded by Mr. Monfor, to approve the lease application as submitted of Lot 4, Block 1, Cook Inlet Industrial Air Park. t•r;,al: OF AMPORT IAslt;: (13 V,11•11.1rn•:s THIS Ataa 1:1.11 •%'1', onf.•rr4 into Ill;•, dity of 19__. by and botr.rrn the CTPY (ii.,v1:.VAI, a la,::u•• ru!e mus' i� iirtl : u: (r! di, •. of Ahisha, 1wrem.ittf.- colic-,! "City,'. last! Gerald F.1_lir��yrtti�t�.ond_ _- - Glen M. Henry, _`� M to r.•tnefa r r,,!t• �l 'i. Th„t tiro City. in eonsirlel•ntlon of t1n• n'•}•r•cnt< w tht. root •••. . the performance of all the covenants heroin contolned by the rtOec hcrnby demise nA Jo. •: to the Lvtse•1 tht• full„tcirg ews—+ril,.•,! ir. Kenai It"ordIng District, State of Alaska; to tt it: Lots 6, 7 and 8, Block 2, Cook Inlet Industrial Air Park. Terme, The term of this 1,ense is for 99 ye.t:•a. commencing on the IAL_ day of M . .11L8. to the 30th doy of Jump , -2077 , at the Antn—Ivr rental of '-1_6, 142.50 PAVment: Subject to the terms of Geni•rul Coven•ir,t `:ir,. to of this Louse, the rental specified herein shall be paS'Abb• ss follows: (a) Bight of entry and occupancy is unthorized as of the lot day ofMav , X9,7_8. and the first rent shall he computed 6 on: aurii date until June 30, 1978 , at the rate of $�8� per clay for 61 days, equals 8 1,026 6'4 now duo. (b) Annual rent for the fiscal year beritnting July i anrt en.ti, q Juno 30 shall be payable in advance, on or before the first day of July of enols year. (a) Rental for any pm lod which is less than one (1) year t;llall be prorated, based on the rate of the last full year. (d) The rent specified herein to enioulated as follows: �3S7 - SQQ square feet at $ .039 per sctuare foot per year, or $A, 142 • y0 per year. In addition to the rents specified above. subject to General Covenant No. 10, the Lessee agrees to pay to the City fees as hereinafter provided: r (a) Assessments for public improvements now benefiting property in the amount of $ n/a ' (b) Applicable taxes to loasehold interest or other aspects. (e) Bales Tax now enforced or levied in the future. (d) Lessee agrees to pay all assessments levied in the future by the City of Kenai, as if Lessee were considered legal owner of record of leased property. (e) Interest at the Bate of eight percent (80 per annum and ten Percent (10%) penalties on any amount of money owed under this Lease which Is not paid on or before the data it becomes due. 1 !S litUirl¢ItifBQ'tlpi8 Pogo Ono, LEASE Revision 4/29/78 I i»`�``"•..., ._ • � a .. . _. .-�; � -- - _._ t•r;,al: OF AMPORT IAslt;: (13 V,11•11.1rn•:s THIS Ataa 1:1.11 •%'1', onf.•rr4 into Ill;•, dity of 19__. by and botr.rrn the CTPY (ii.,v1:.VAI, a la,::u•• ru!e mus' i� iirtl : u: (r! di, •. of Ahisha, 1wrem.ittf.- colic-,! "City,'. last! Gerald F.1_lir��yrtti�t�.ond_ _- - Glen M. Henry, _`� M to r.•tnefa r r,,!t• �l 'i. Th„t tiro City. in eonsirlel•ntlon of t1n• n'•}•r•cnt< w tht. root •••. . the performance of all the covenants heroin contolned by the rtOec hcrnby demise nA Jo. •: to the Lvtse•1 tht• full„tcirg ews—+ril,.•,! ir. Kenai It"ordIng District, State of Alaska; to tt it: Lots 6, 7 and 8, Block 2, Cook Inlet Industrial Air Park. Terme, The term of this 1,ense is for 99 ye.t:•a. commencing on the IAL_ day of M . .11L8. to the 30th doy of Jump , -2077 , at the Antn—Ivr rental of '-1_6, 142.50 PAVment: Subject to the terms of Geni•rul Coven•ir,t `:ir,. to of this Louse, the rental specified herein shall be paS'Abb• ss follows: (a) Bight of entry and occupancy is unthorized as of the lot day ofMav , X9,7_8. and the first rent shall he computed 6 on: aurii date until June 30, 1978 , at the rate of $�8� per clay for 61 days, equals 8 1,026 6'4 now duo. (b) Annual rent for the fiscal year beritnting July i anrt en.ti, q Juno 30 shall be payable in advance, on or before the first day of July of enols year. (a) Rental for any pm lod which is less than one (1) year t;llall be prorated, based on the rate of the last full year. (d) The rent specified herein to enioulated as follows: �3S7 - SQQ square feet at $ .039 per sctuare foot per year, or $A, 142 • y0 per year. In addition to the rents specified above. subject to General Covenant No. 10, the Lessee agrees to pay to the City fees as hereinafter provided: r (a) Assessments for public improvements now benefiting property in the amount of $ n/a ' (b) Applicable taxes to loasehold interest or other aspects. (e) Bales Tax now enforced or levied in the future. (d) Lessee agrees to pay all assessments levied in the future by the City of Kenai, as if Lessee were considered legal owner of record of leased property. (e) Interest at the Bate of eight percent (80 per annum and ten Percent (10%) penalties on any amount of money owed under this Lease which Is not paid on or before the data it becomes due. 1 !S litUirl¢ItifBQ'tlpi8 Pogo Ono, LEASE Revision 4/29/78 I V The 18111.11,6. .• tilt- hhit'h Illi,. Lenfw i•: it.• ul•.i it': Diesel and automotive repair and parts sales In accordance with Lessee's lease application dated February 23, 1978, attached hereto and hereby made l,f Urirt eff_t_ttihi�� �.�ase. 1. I'l es; I' ,!elft 11.4 1)!•u% Mile! lt.•l•.•ill.:.11y t'. ruhl' U•sn of ltlt.•'• us• fn(illlirs uithmit tiro :v`•itt•`n cots.%ta•t elf the ('it:' i•' t• `•hit tlt l' . '1'h'�: It.-Olilsitiml :?1.11 not appiv tit 1!S.• r,f t!1•r1`� t,v th•• , i!v 'r.• "tl.,.:. . 1,i11t11C U&t6.!:. titl.•h it, 1 e—Z.-in)ih•1' •t`t-l•ti1L'.rr ..tlp.g,r•1 .'.• hil •• • • n t+.t :i .. '« t ti:: \..t f'�•111•y_^Sl'alt'.l t�.•.il•i` . �' .. •"; �'. i• .'i..n,, . 1 of l!It` pi'ol::�'iti•ili•V►' aJ.t:rittlpll (,f nn!• tl',Pt .•! {;ir.•i of t.t•�!::+•;• n•• (••.• . ^r; ., entor,wise. other than 9c r1u. IV kt-I t%galt h.—. `r . •`1• +r . '1. • » +.i•`(• l:lnd-. tti{ti:7Ut file t•.`•;:t.an e•f►i. t•.t• „t I!t.•011t. i• if•'!.ittt!:ir•((. 3, imltitout—dish• `•f P!•r,:+••^t: +n!• r• 6.l• `r.f•,rt 1i:• "fr.l n!t.:r. placed orusicd upon lrnds ;r in 6eilitie,,,, fit vie► isl,n 0' •) n*il 1art:r m. � h,! removed anWor impounded by the city, and whin, tip, r•mvi--sirod Impounded. such property :nny b^ reckT,1!A by Ow, owner t"re -if orn!v tt.lt t, the payment to 09 City of the casts of Yrt:`nttl:l lflu•i s(!os t•p(: (•h: ! tfr:•: t•0' C1.00 per day. or $5.00 per day in the care of caeh buitriint! er each ntrernft in excess of 0.009 pounds gross %eight. (n• in the cr::;t. 6..f silly (th,sr 34!11(! of property, an amount not to exceed $5.00 per day. or tit t:)teordsowr- with eu-:li higher fees as may bo incorporated into reMilatictim (tf City's Aitl.ort. A. Commitr_)cnt for Refit i:r(1 ttin AsIMi•�� l :,uta J _ s:+r t.6._(":•: to pay the annual rental and fne,;';I rcitf,:ti t,tid tiui 1.1 ,TM n tt:;si L(•ss�+.6.)r any part, nor tet, nor sublet, either by grintt or inthllen!i!m, tho whole or • any pert of the promises without written consent of lit.? City, which c.nisrnt shun be obtained pursuant to file following procedtu•ci: (a) Submittal to, and el)pruvn) of, pr(•t+rr.;nct 1cr,sin trarster t,v the Kenai Planning Commi9sion. (b) After approval by the tr(,nai t'U►nnitir re rnsistclon, tlnal approval of transfer by the City Council. Any assignment in violation of thio urovialon fslfrll b6..4toid, tit' `.. _..._ . % shall be grounds for cancellation of this Lonna by the City. S. Troatment of nomiso: The Lessee agrees to keep the A , promises clean and in good order at its own expense. suffering no strip or waste thereof, nor removing any material therefrom. without written ►`- permission of the City. At the expiration of the term fixed, or any sooner - - - determination of the Leasee the Lessee will poaceRbly and quietly quit and surrender the premises to the City. 8. Pavment of Rent: Checks, bank drafts or postai money ofd shall be made payable to the City of Kenai. and delivered to the City Administration Building. Kenai, Alaska. 7. • Construction Approval and Rtaminilds: Building constructi shall be neat and presentable and compatible with its use and surroundings. Prior to pllaeing of fin material and/or construction of buildings on a leased area, the Lessee shall submit a plan of proposed development of property to the City Planning Commission which shall be approved in writing for all permanent improvements. i Initials: ii Leasee: it Lessor: 1t Papo Two, LP.Alit! ttovialon 4/29/70 a 0 I .. R. _Courter iivu�•Knl it. qn.•:d I'ru�y•�1NIv•: I .•:. ,,•t• t•h:rll t•rrlhiit thiel}� (AU) dll%­s irrfare the r�pirution, nr+ttsr nhl'►li.•,•li at in 1:� friar. far n rr•nrt.td. e•orlil;vint; 1111114-1, ninth 1,u• to flit, r•Itn+•. ctel. 1111.1 ti •rin• ..( -ell ill•pne.-f•t t rdt: existing sort lbu land. Owilitiet}. propertieu, (1,r hrtprer.t thr•rrir+, the pilrpn w for Which such renewal is eie.sired, and -urh utht r inforionlion as flit, Cfly men• require. Thr Ler;Sat, 01111 .!ty)usit with t-11-11 :,pntfr:►ttr tt. tl•o u r equivalent to one hundrrrd pet -cent (WO' ) of flit- toot•:•ilinr east+::ti 1'ent:!i rill fves still lit effect. Suelt tlpplIet+llon. when full• etrni:•rr•sint; to th.: requirements herein stmod. will vxtend flat i r iwr in a •rtnrtlt !.at is until Such time as the. City rives isoCce to r.t,ti>,•r• flint: (a) The request for renewal hqs li;wri 1,•r-irntod. (b) Tito re4u,,A1 for ronewn! ha•' !h'('1� •.•14s•:r •r. •a �!i• a •r.• reasons for such re)t,r•tinn. . (c) The City lists detccrtrtnerl it it- he in the br••t Put -tic tntnr•'r•a. or if; required by Law or regWini.r11, to of . r• !+l'. r (::,%v P: lair V.! - rls`a. (d) That equitable considerationsi n,,quiry -s rcr•i%;on of tl:p Lease prior to granting a renewal. 9. R101, of Entry: Should default ac rrad., in the payrrivni n•• any portion of the rent or fees when due. or its rsity of the coverr.nts or conditions contained in the Lease, the City runy re-enter rand t!ikn posrenaion of the premises. remove all persons therefrom, and capon uritten rrdice:. terminate the Lease. 10. Rent Escalation: In the event thir r.(•as:n it: !rrr u tet if, In excess of five (S) years, the amount of rants or !ees t6pe+r:Kled herein s12r1l. nt the option of either party, be Fubjeet to rencgoti tion far Inereatrc or deer -u r• at intervals of five (5) years from the Iat day of July nreeedfrr. tho effective date of this 1.oase. The amount of nuch rents or feefs as reneaotintnrl shall reflect the then prevailing fair market valun of the MourluslA. *:so Increase or decrease in the amount of rents or fees shell be effective, rxoont upon ninety (90) days written notice. In the event the parties aro unable to agree upon the remount of such increase or decrease, such amount shall he determined by three (3) disinterested persons; one thereof to be appointed by the City Council; one to be appointed by Lessee. its successors or assigns; and the third to be chosen by the two (2) persons appointed os aforesaid. Tito written determination of such three (3) persons shall be final and conclusive. Neither party shall commence legal action without complying with this provision. 11. Building Placement Restrictions: No building or other ` permanent structure shall be placed within telt (10) foot of the boundary lino of any lot hold by a Lossoot provided. however, that where two (2) or more lots held by the Lessee are eontinguous, the restriction ip this vonetition may be waived by written authorization of the (pity. 12. Protection of Aircraft No building or other permanent struoture shall bo pieced within fifty (80) feet of the property line fronting n landing sU ip, taxiway or apt -an without the written approval of the City. Thit1 area shall be used for parking aircraft only. 13. Notices: All written notices required by this Lohse or varmii shaU be sent by registered or certified mail or delivered personally to the initials: 1 Lessor: S� Pasco Three. LHASH Rnvfatnn d/911/14 IL l� T- -- —r— - w — -- ---Nouw--- (n+:1 n/{IUry:+ut I.S.4•411.11 /n I111• Ii11•:, /•f I111. 1'ily. 1•i. _Ifo' y (,. I.,•:1•d��.•.•a1/1.a1rP' 'I'1., afll• . (,. 111.16"11 i• p, ulr at:. to t,P1111r:11ble last•! attd rr{quo Itinnr: of Cily.:•Iltl 0►:1}• 6. svilhlll•11svtl t. illl'nit 310116"1! Ill tiny tiny! after thirty (yip) dill s [ruin �all►I.Ii••:Aesil tlwee11►f. alar:;• n•itt.i 11011 111ie't}• (30) t1,;tVY, th,• Lr :r.1;1• 4, x1'rut1!:; :r.td r.•turil•• t'u• L111.. to tb• +t} . 15. Vildul'lin. _Title: •[h" to r :,!'1 rr• ti. Cor :&fie } l►y this 1!'11::0 Ire !:1!Si, dt iA -Illy '11111 all •)I• il',• elw •I' '1'1 t1'"il, ...1• ...54.! t'• ! �•I.ret,•i•I•!rl Ill r1.• ilt-t-111• •111 a1j••11a. :yil1•e !It,,. !11• !^• 1.1•••16" ( X11 • /••SV let. fiiel;t of hr ql c•_tioll: City �a1:I n • to , • ij 'rr. t . 'l r' • r'q,nS1:o fir .. !v .tt•,, lin j,1• a is r �, r I' .1' i i.•Ifl t', li:r , :!' '•. of insp••1'tipn. oil! actions, 5111.0 Itabilisicl: rr dnlnan•41: resu!llwr fl., I•• •., ro•'rt-:• r - I•Pt;: Cf (o:,ta•:t '?.,f. fir r,-nib4ifill by the LoS�-4•e.. Ws .r;• .... i *'tri• t. r: r.t:• . ! invRees, of aI•i%mg :Vfx:i or tout of the l.f•S1;An'c. p." 1.1; '=^i:. / tt; - r,!' Mfr j dembied, or privileges P,ranted. and to pnv ell en do pr.11:Ir ••p+!! t}1n1•r•tvi(fl , Ir ON e01111eetiC)n, the POTWS to 9!'('11111!.1 anal n:•}' ^,1. 911 the. •..js..•,;r,Y I i (a) Public li••bility insurnnue plwte•ctirt: t►utle th! cit: awl its agents and the Lessee. ntw-h insu1•c1nco to lie, its 1el,•lit'1:e! t,Y 1. Qr•1•{i''i, ;,;1, showing the insurance in force. The amount of such public liability li:furs- shall have limits rot lose; than thuso known as 100.0001 00•,000L . $50 .000 (b) Lessee egroes to carry employer's tj.:biL'ty ir.a,:^II: II ,;i Workmen's Corlpflnsntion insurance, and to furnish a c:erlHieao.<4 thr, ir 7,f to the City. (o) Insurance contracts providing liability insuraricl: and Workmen's Compensation shall provide for not lass than thirty (311) ditya: -" writton notice to the City of cancellation or expiration or sul►etan0n) c•hr;nge,, ill policy conditions and covorago. (d) Lessee agrace that waiver of subrogation against the City shrill be requested of Losseo's insurer, and shall be provided at no cost to the City. �' (e) Cross idability: It is understood and agreed that the l;� insurance afforded by this policy or policies for more than one nataed Insured. shall not operate to increase the limits of the company's liability, bet othura/iecl ' shall not oporato to limit or void the coverage of any one named insured as f - = respects claims against the sante named insured or empioyeas of such other ' named insured. ._ 1 1 Accounting Oblilration:_ Lessee agrnea to furnish the, r 1111!16"1 sworn ettitotltQnll tie },a a' ass receipts nn . iluu►rl sworn �ement of tho numhor of gallons r f or an certificate ��U Y or statement to jlWarielrlC ate the computation of rants or feeig. ineiuti 1., -- d4•Bti.a,a governmental agencies. - f9. Collection of Unpaid Monies, Any or all toants, ohargeea. f.•r,g or other consideration which are due and unpaid at tho oxpiration of voluntary or involuntary termination or cancellation of this Lease# shall be a charge t spinet the Lessee and Lessee's property, real or personal, and the City shull have such lion rights as are allowed by Law, and enforcement by distraint Initials( • �; Lessees ' Lessor: i i!apto ltqur, LEASE Rovision 4/29/79 1 r - , i - f , 1 M• , `kk h • V-- - - - -- -. .. -. .. - - - 00) lilloy be limill? by list- City 401, iN 20. 1*-#- --m-it[ Cravivifw.i.... riw i .-P f•. and ocontrol pit tilt.' .'to such jernoll Irt..• earivinent wilt be fivide that will u;tll Ole Les..." 'f, 11 of the I. -Ind . 21. Lf -isle %itbardisiate tit that r11%, twiy mr-dify thl. Lnati. to mvel ....... l*'y eH*- 1% SlAt. ar tro caltrul-in til Vlv 1-1-1 it- iver, 11(owever. the "ludificatIon sliall It . .11t .1(,. l to I j-",!qO gritnted the Lestine, by this Lemne. nror •iet to tu, I 22. Rigttl to ltvjT-:nv4, Lessetion nii-port. IGT; Khrill, u1thill zf,.:il 111-v tormInati--on or carcelinlinn rif the bo ••e.;.'. opinion of the City. such removal %411! tint cau.:#- r). 1, 7, r,. t.. .- bunds: and further, provided that Cw Pity twov - -:ten,. t* #,- t• +. improvernents In csse.,, whcre hard. Mp Is w.m.-ot tr. -t- provided further. that application for ext msion bas bf—ii :,I, fie, -n t.—W-f- received u-Ithin said sixty (60) r!.iy per:od. The retiring Lessee rinv. vith the consent of the City. sell his improvept^nts to n Or-onl. 23. ImLrovemontF; Left on I vac. -W-4il- If rijtv *mp--,r-vt • in t4- chattels having an appraised value in oxci-F-- (if S1 0. 000 fis df0eiAne h, City, are not removed within the thao allowed by flesirs.-M Or"ec.-T.nne Nr. '�%, #-,e this Leafte, such Improvements and/or clmltelw m -y, upi-ii '%It .. ? - Lessee, be sold at public auctji)n uncle!. Cllr. ,' *.,; j vqy. 7,,., proceeds of the sale shall enure to the Uc.csc': cshr, (w.11% su-41 and/or chattels, after deducting and payinfe, to the City oil and owing, and exponees Incurred In meMng ruSi taiit-. bidders at such auction, the City it; authorized to Wirt on r,Ucll 1rr,"*tO-.-4-,lT--.--j?tf,- and/or chattels an amount equal to the amount eased, or to heo*omq nue to tl I, - City by the Latisise, or $1.00. whichever amount fit greater. T" city ithdl acquire all rights to such property, both loge! nn'! c-liq1troble, Rt such 1% rwk . 24. Title of Improymisents on Leasibole in COV,It any ngr an niltil-avalue improvements and/or chattols haviliami ve vf 1ZJO . .000 or lens, as determined by the City, are not removed within ale 11yon nll(iwed by flonc"fil Covenant No. 22 of this Lease, such Improvements .9nd/or cheftelp shall emir -0 to, and absolute title shall vest in, the City. 25. 3fSht to Adopt Rules; 111pnerved: (a) City reservos the right to adopt, amend and enforee reasonable rules and regulations governing the demised promises and the public areas and facilities used In connection therewith. Except in cases of emergency, no rule or regulation hereafter adopted or amended by City shall become applicable to Lessee unless it has been given ton (10) dnys notice of adoption or amendment thereof. Such rules; and regulations shall be consistent with safety and with the rules and regulations and order of the Federal Aviation Administration. Lessee agrees to observe. obey and abide by all rules and regulations heretofore or hereafter adopted or amended by City.' W Leasco shall observe, obey and comply with any and all applicable rules, regulations, laws, ordinances, or orders of anyovernm ntal Fr a authority, federal or state, lawfully exercising authority over the Lessee or Lessee's conduct of Its business. Pago Five, Lease Lessee: , 9f �� i Lessor: RrOdon 4/29/76 A r k s. I I �. •.. l .I II 1.1111111 I 1 1 �- I (t) t•ily Of 111 11.1 l,r' liable 1.1 fill. ,toy dilninlltioll r,r dellriv.,11011 of itn at':•.ir►11, or of it-; rirhh• bl'1'i'Un.t••t' 11'll r,Pr9t:nl, hf Ow tY.rlvl,.t• of a1q• t 11'11 0011 or •mll.nt•il•• :1:: ill r!•„:► •trut•i,ir?I. fit.?. -:1 :11 t.Nf•A1',' ta• entitled to terminnit tilts whin.• or ,+lry 111.101,11 off the Irts•,r•Is-dd et -4 -de herein created. by rea,.an of tilt. exereiKt of •,u• h 1•ifdtt•: or r+ntlsr,l if v. U►ll•'s+, tilt e%erci•:r• thol-f-f hill '.o int-- t',• with I •• .:rr ttIi Iht It.tl t't•ajr.•I'. asf 1110 11•:Isehold rr.tatt n, U+ Vnll"CUltr• a t•'rtnln•+tir,ls ill whnit: Cr ill L :• t of it.!� I.a,•;r.' by tsls••ratiun of 1.ns fit necorrsativr tsith tls' Via:, of ilre :%t•1t- of Alrlti{tn . • Zi,. :�ir't•t••t!t Il•1:•1••ttsr►115 t':-!�t^r•t��l: (a) There is h -n ••by rerer•cd t•, ►hit t'=tom , 1tv • :r'•cc •••", ,r•t r•= -Alms. for the n -c „nd ben -4:1 •.•.' the l•tlblrc. 't «Fvl.. m' 't i,+t r ' • ; . �• rX t, wrvft its the rsir,•r•rtce :tbove tilt! atl!•fi:r•rt rf t%i, twf-tr i• +•• 1. }• •.i.. (.. ...,.�•.: 0-7otlier trlth tit • 1 +i i : to l rt'::P in •r+id rit'41/�,.�., +t nr.i :., •. .- r �• i tt• •.,. in the operation Uf ai!vr&ft, inow or tls,trl for U• fit til- air. tl,%ir}; KnIe .►ir,ltt tc.• r+.! lnnt:i::!� ]t. ft a i• f' ri:.... ! r r n• a rr on the I:enai Airrort. (b) '1.90 r,css%t• by acc-c-ptirt, thi Cr,;,...t•..t,, �..t,..r.. •t• ,:.:,... . fol ltbolf. its :epresertath•et,. sucevattors. r:ltrl n!,Arr•n-�. •:;,i it t••i:1 nr•t crrr t rd.or permit the erectinn of any !-Aructur-.J or abi..r;t, i. ►r it. ••r'it t: ' F:• net!h of any trot! t on t)!r: Ir+ltd convet r,l 1•n"tt0ttdr•r. witir-h wou"! 1'r all 1'it!►:•'•t obAruetian vrithin the st^nd•►rds establish -ad under thr !'..tetra! .!r Administration Regulations. Port 77, or. amended . In :he oo,;+rt tht:.•fr:! 1 lft: caverant its breached, the City reserves the Held to 1:+!11'1• an r•.�:•'js!rs conveyed beroundrr and to rrt'rtve the r+ffr•ll]inp Ms'tt tt:rI n^ n;,;•• •1. ,:.%s'!t• cut the offending tree. All of which shall bo 1 the exp..r im of t r• :::,.•x Its hoirs.or successors. or assigne. (c) The Lessee by seen faint; this convcy:utco enp.-A,mly ogr„r n for itself, its representetives. tuccossora, and assigns, tent It will net rulh- use of the said propicl•ty in any milliner which plight lite: fere with th•r landhler and taking off of aircraft from said Konai Ah'port. or Mlwrtviso crerting an airport ha7.ard, In the event the aforessid rovanlwnt is brench,+d. the City reserves the right to enter on the land conveyed heretlntle:: anti et,"ve the abatement of such interference: at the erpenso of tete Loo:tec. 27. Resta Nnjavment and Peaceable Possession: City hereby agrees and covenants that the Lessee, upon paying rent and performing other covenantso terms and conditions of this (.ease, shall have the right to quietly and peacefully hold. use, occupy and enjoy the said letmed prerr.isen. 20. Lessee to Pav Taxes: Lessee shall pity all lawful taxes and assessments which, during the term hereof may become a lien upon or which may be levied by the state, borough. city or any other tax-lovying body, upon any taxable possessory right which Lessee may have in or to the promises or facilities hereby leased, or the improvements thereon. by reason of its use or occupancy, provided however, that nothing herein contained shall prevent lessee from contcstinp; the lornlity, validity. or application of any such tax or assessment. 29: Oraciat So -We es: Lessee arrees to pay Lessor a rentsonrble charge for any special services or facilities required by Lessee in writing. which services or facilititou are not provided for herein. $0. No Phrinership or Joint Venture Created: it is expressly understood that the City shall not he construed or held to be a partner or joint venturer of Lessee, in the conduct of business on the domised premises. initials: t. Lessee: , Lessor: pawn -Civ-_ _1 vAqu 1►....t. t.+« R inn Mr 4 t - _r �-•r . '7 -,.— . �-�- —'^•-+,star' 1 44tld it it.4.4l,rl•,.!•ly nil+h'P:a=+slit allot ttt't9•r+1 1li:it tilt• r.•1.t.iunr,t}i}i it: ttt'tp.'n till* (►.uptii!!: hrri`Iv bi, 441111 Mr -11 lit rill titw r: rriitrtin. M-4 t.r t,i►,pllt.rpi u11d tenatll. 31, thifittilt l4aithruptev,_ vkt _ If lit#• t,ewwc shalt nut):e, .lily n`:►:it'.n1llent flop lilt belt# fit rf rretlittlrt:. t+i' :;h.l)1 be tillittitt'nxt :1 N-11:tt'tilit. or Wit ri'eelver i:; a}tllninte d for itic i.et:rt l• fit' I .hssvfo . a•.Yt•1!.. n:. ',lip ili:.•iv. t tinder this )..•otiv. ausl if lilt- aliy►nillitnt'nt of Ow l C"mver r`, not rnet'ted telthtit fire (5) ria} -2. top if 11 vt+itint:iry },.•titi+tti it fiit•t: t!t:t:rr +-dills 151:') of lh,• Win%rttlttey :let by the Lerspe. thell :=nd inan.. e i plot. tht` ul.nll i'lvintr the l.etat•+` t,!11 (10) finYA, tUitis•t , tori: ilv.te :1.14 1 32 Vol-cltnar'ootie#• grit h••tir, • r•f ritr`s t?1srhii : The 'ir „.'ht,tti••, of ctt'Srr,, r 'int! f -es W. t:it` t'i:' fit. !illi' !i ,S t..r1 {1�.p+r t.�.' ,., {' •,. !► ..� Me to.. :1"*, C.tr/'It tnts I'nd crn:lititdi , ilrq ,';t, f,,. 1'4' j.' r1 .at 's,'t jilt• i . «pr. slIall nit! be i:• ,t'i'd a wf.lv.• r of ltnv 1.1t. ai nv V -e ti tr! r r til• *,!Vt-. 1t •'• r!' 't, it.!.''j i'4`•'t:1r$Sj f.ir f.dhl!t; by a:'.n lxo-y!v, to`.t•'!f•1'1`• . il,!t'1, nr a-. •'t• Stl'. of the teriiiii or covenants or cuilditimis herruf, 33. t;atltirrntiili' Ottrrntin*t.;: 1•111,4 i= c,t1l•i(rt tt' t t nt If the Lessee dogs nattr�aintitin :such ape=ri.tion5 as tate Cfty !n itv reit• ''i�t•l rli,i:: Fliall determine to be ret+sanahle. or if the f.,':Q to 't `C or ftleilitics sufficient to reaseitohly execute the purl)or.e for whir -1: Lease lb };ranted. 3.1. Fair Operations: This t.nese is subject to caner•11•,tion if the Lessee fain; to furnish such tervilte not a fair. w1u.0 mid not unju fitly disarbitin:ttory b.,Aii to a)', usrtr•s thertwf. or fails tri eh,.rge Or. ri: twlrtt-1+i tend not unjustly dir::rimitiatory prices;. (tie arch unit ,; �^t v►ue: rt• 't f:.t'.'.. that the Lensrtr may be allowed to meke ref ;unable said 11^n !Ik;a'inllra i+iy discounts, rebates, or other shri lar types of price reduotlons to volut :n purchasers. a 35. ContrdLi to Provont Moorlini, rlon: City reserver. tho right to approve all chtarges anti privileges extf ticled to orWithheld front iii* -- public, in order to insure reasonable chitr}rrti; and lira*rent porititilr. discrimination or segregation on the b+lt isi of race. color, creed or nittOral origin, or for any other related reason. 39. Nondiscrimination: The Lessee, for himself, his heirs, personal representatives# successors in interest, and assigne. as a Dort of the consideration hereof. docs hereby covonant and agree as a covenant running with the land, that in the event facilities are constructed, tnnintainrtd. or otherwise operated on the sold property described in this Lease. for a purpose involving the provision of similar services or benefits, the Lessee shall maintain and operate such faellitict; and services in compliance with i all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation. Subtitle A. Offictl of the Secretary, Part 21, Nondiscrimination in Federally -assisted Programs of the Department of Transportation -• Effectuation of Title C( of the Civil nights Act of 1904, and as said Regulations may be amended. That in the ovant of breach of any of the above nondiscrimination covennnt-n, the City shrill have the right to terminate the Lease and to re-enter and repossess said land and facilities thereon, and hold the same as if said Losse had never boon made or issued. 37. Nondiscrimination: The Lessee, for himself, his personal representative, successors in interest. and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running Initials: 1,08000: ti I t, I t t Lessor: ;t Pago Seven, LEASE Revision 4/29/70 ' 11 V .. ._- 611111111* ii. II I7 Ili lu---..,.�..- ••�+:- -- --- �_ .� - -""',Jit fillIII II IIA II I JI wills Ille Iaflr{ 111111 (1) im IU•11t•11111911 (111't!17.111It1:. Ill Pave. !911.11•, OI' f+Olim,.+1 01.11111 :1b-+11 he r:►1.1111led frrnn prat villalillil in, llvltil•ri tip h••,1. fil•: af. 1111 lit: (.{111.rv. i•.r au11P•01•d to di. CHIA$) 6114111 ill IN, it -I• of Fai11 1r..•,1:lli . (.) 1' -1t hl Tile Pot+ArillPli•ln of tiny ii1 pl-ot;eIUI.11ts Oil• f1YOr. fir IllWer .411ell 11111d .11a' the furnit:hilif; of servio.ra thereoll. 410 pl•itson an the Irnt,undr; of r:u P. ..00•. ol• n11ti11n.d origin 01:111 I..• ,•,.'Itilled fr•a❑ 11•uKi1•ii•••tIt'll it'. d. nf..A tilt, i•• w t';•- of. or utberiv i:ce be suhjlxtull to (IJ i.rl'Jill inti iolc 1:1) that the {.r! .•c• ;311=t1 use the prrmises ill eaa;pl::lnce ill :+11 other ref Ill frer• .rl,:; it pu:,rri by or ptlr-oui It to Till,- 40. Cil of Vede...11 Pe:rul•Ilit+tls, t)t t1 It:' • It! n! Tr fns lorl itfor . Sublilli• A . thfier• or io ! 9!f�,t• • .n 2! • \�. , q.q• . t l 1 ' tl 'ret t• 1. t : i f.: 1' t Ili Fcric•rally-amistesl I'rert•m,::k of t.:r• f+.•l• +:•tl:u rt of T•+t ;. ►• tt•ai liffcctuiltjots of •l itle vi of tip., rivil Itirl:tfi •%et of 1911,4..'nci r•f +!tl It••at ' 1' ' Th'tt Pl Vw event r%f hl•!'!Ieh of : nl' it. ' •••• : . cove'-wints. the City :•:hilt! 1Ca't' III(- rff!llt let tcril •11? ttt^ ' "'•=r• t!i* TI onel rept►+.QNB tmid !lil tour: the fnellit!"s thrr-ni. and hol'! tt•: tl:tir) Louse had nevar b1:en ntride 4l• is -tied. 38. 1'/lrtial Invalidity: if nny trt'tr, plrn'i,;itln, e0rrt'!f•••• r.. )fart of t111f, Lr• ec Iv &U-014red bt' n Court of eoi• rwler:t i1 r' r_.c;1r *• ;. ! inve3ld or unconstituthinal. the remnlubiF till r roviolr•r.u. ennt+ir'r••=: •,r parts shall continue in ktil force and effect ns thous h such not madia. 39. Parol Modificalionw it is mutually untold 4trr4 arc! 11srr� ^c• that this agreement. aa: tcrittsu. euvcl a 411 tht A:.? !,Vnu;r•!;r.n.; betl:•cen the pill et,d no rc•fv:•c;,.•ntationt , cil%'I n1• wr't:; u. made modifying, adding to, or chnngind the ittrtrls hereon. 40. WorrantX_ The City does not wat•rant &.ut thin prs+tor.• ,y which is the subject pf tttis Lease is suited fol' tiro use nufhorived harchl• and no gufu anty is given or implied that it shall be profit10llc or 1luitclA., to employ lho property to such use. 41. Aedilional Covenaut�: Lil r,, yecr=s to such uddithwRI Wrrstt and covenants as are srt forth ill Seheduie P. attrtchart . IN WITN1199 1CNli0011, the partil hereto linve heri+unM sri their hands, the day and year stated in the inflIvIldual at knnwlrrffxenlaats balite . CITY 411- KF\TAI By CiTY ".iA\'A iz STATE OF ALASKA ) as. ' MRD JUDICIAL DiSTRICT ) On this day of , 19 . before me porsont111y appeared , known to be the person -n-ho executed the above Lease. and the ucknowledaed that he (she) had lite authority to sign. for the purpose statod therein. NOTARY PUBLIC FOR ALASKA My Commission Pxpiri l :t it it Pape Light, LPASR + Revision 4/29/78 V p L 1 III I II I I 41 i III III .Y i - --- — — ti'P:1'1'i? 11,111111).1t 1164.1.10. Ills !'{ala • I' ) alt• tela ... ... �•'�• � ._ .. �...__._ �� !:,.;•�!•,. jar'; -1�: .I'; :131+•. :•+•�! _ .�_.. .._. (•: �.•. 117 t. 1 V. fin exe.I.,kl . tl;•• ,11►: 1. •t. n pL,t j,a ;%. •,: i 11' ! '• a• .:.t z.,,! r:., ..:1::•..'•il; gal .i'• t:7., rr +t• t.. ,1..1 ... .! .t .. .. •�t 3. tt;1 1.• !.. 2/.1...3. .' _. ... t1Gli'�!)t"1.1:1)ai"'\'!' :'I�tf trt',rltti>, `:{t .t'•:l) '! !! 2 STATE OF ALASKA ` ) IHIRD JUDICIAL DISTRICT ) Re� bt'ts Incl. the under.,Jgnr_d, a Notary Public 1"Nird for thu St ata - of Alab)ca. all tl)f>t day personally appcaat•od and//' • huch.lnd and wits. hnth 1.21�1t:•r►'1�1)t !!!" peraons3 Apd/a nomoc al asubroribed to the fereroilt;. l.Par e, u"d na'criotr! • ic; to me tlu ethey exemited the some, or. their- free and voluntary act and d% d. end fo the purposes and considerations therein oxp:•es.s'zed. \\ GIVEN UNDER MY HAND AND SEAT, Or OFI'ICE, this �_ day i9 NOTARY P(11;1,IC. FOl; ALASICA Illy Commission 1?xpires: LEASE CONCEPT AND D ,VELOPtAF.NT PLAN PROVEn by Kenna Plnnnine Commission this A;BAay of , 22tI • 19.•2„_. APPROVED AS TO LEASE FnR%l by City Attorney (lniti�le) APPROVED by Finance Dlreetoe (In�itirtls) APPROVED by City Manager (initials) LEASE APPROVED by City Counait this day of 19 a CITY CLERK . Pane Nine, LHA$E Revision 4/29/76 LESSEE •&rajTir 07-9rotinlng STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT) On this."31-4 day of t• j(-( 1978, before me personally appeared Gerald E. Browning, known to no to be the person who executed the above Lease and acknowledged that he had the authority to sign the same for the purposes slated therein. E-0 -A-US-M---- 1� BICFit' My Commission Expires Ji =i LESSEE STATE OF ALASKA ) THIRD JUDICIAL DISTRICT) On this 'day of _ t'1 �1Q�,�Q , 1978, before me personally_ appeared tion m. h6niyy,nTc down to me to be the person who executed the above Lease and acknowledged that he had the authority to sign the same for the purposes stated therein. dutAt�'x eV�Li nR ALAbKA My Commission ExpiresS., 7..•2 L 01 71 C.. I.." .. !:1 ♦ A i i E litsrs] ts4xs;:, i:i.:i:r: and t::� 3'•i=:y�i. lr�r�' 'L�.!�. Y+tsnAi Pvn5i-,r0a 8c•rvuS,,fir S Ic:s.. Tax 1'a., State But3neess Lfcen&e i'ison+~ ��` _ �_...__...._ ..{c��t=cF•. �;:t �,_�' ieaa )'cls.Ic Lot Cescr3 rpt f on«�Z e. S .". ? _. Y"=�,"s�."�". ,ri ­�/�'l�f., >.:_. f' DOVirc4 lonuth of Lease or PCi:i;eit_�� _......-._.�..w... _...,..........._ . _ �s'roprzL•y to be Used fc►r�1! �''.�'...� G wL �Gr �v ,r,d�t irc� je g i = Dascrfptfon of developments (type, construction, size, of.c.),-Jej?' Q.Y Atf"m� s tivel0 of+. mens plan to scale i inch n 50 feet, showing all build- ings u3:ld-Ings planned. Time Schodulo 1 gS—Com s Lt(,,Ts l3 to i3,,._;p rpt =. 7 - £sstimato -value of. construction: 0CG t� a i� r f note „�� Ie ._signed i 7 i. I f' a Description of Property Lots 6, 7, 8, A, -WA 1 Block 2, Cook Inlet :naustrial Air Nark i FOR YOUR INFORMATION Lot 6: 52,500 sq.ft. x .039 sq. ft. = $2,047.50 Lot 7: 52,500 sq.ft. x .039 sq. ft. a 2,041.50 t Annual rental rate or cost_1ot 0: ; 2.500 so, ft, x .,039 so,, ft. = 2.047, 50 Light ft. - X12 Zoned for Industrial •L • - 6*7W Wt 11. I!10 sj . €t-. M .933 S4. Fb . Permits required Building -2 Assessments None Insurance Required $100,000/3300,000/550,000 -- Construction must be started by within 2 nears from date of lease - _ Completion date for major construction gip, tb 'I THIS APPLICATION WILL BE A PART OF THE LEASE Approvals: Planning Commission City Council Receipt Acknowledged by applicant , By By a �.� _ — . T -�_ � —� — - � -•rte �— i^ ._r _'71' --- - ._ w.. , . - .. _— .--. . - . , - --� �..m...ww.utts��� hII III_--. I ^•�� - �........ ., r � .. _ pii«ct 3 of. 4 Leas -v No. ..__�... BUILDING INFOPKATION F � Name: Glen M. Henry S Gene Browning PENONSULA DIESEL SERVICE P. O. Box 2575 KENAI, ALASKA 99611. 203.7059 Shop: Typical Stebl Prefab Building. - Parte: Typical Block Building attached to shop building with typical wood truss roof. Foor: Typical concrete with rebar and wire mesh. i — " --------- . . �A Construction materials: F _ - �.r........r..rw«�•w...sww...r.aw...�r.+�.«.rw•a►.•rr•.•wrw...r..�...i scale: 1" I 1 v -N- r� • I O 1 • L.I 16. � L .. , '1 x t •i � - N6 � t - J ;.. a ••• r• * �'r} N raw :� � e'+ � r• :•.:.....a cls.. .�.•.4 ' p ..rte =" P. n. Esx 9575 'JR611 ' KENAI, ALAS( t t • 1 l` r / r � '�� 1.. �eVf►,� ?, •.ice""'+ i • aJr'" .. ,,. • t ,--_ • '±'-� ..Alfy p��,-. , t� • ♦ �•�' bat tD 4 O.A. •"�V si iii / 4 �'► j ) � 1�,1 • , / . • �, ev ♦ I _ � e ♦ � y NSC%; �. .. ���,� • � • i el ••fir , �' ` . � � t ff• if,�fr � � M e Ll 60014 r L y' t� 1 t ` J. i ,- ,� i t J -- t. , V- — —- a ALASKA DEPARTMENT OF REVENUE t APPLICATION FOR PERMIT FOR AUTHORIZED G*IES OF CHANCE Ah'D SKILL CALENDAR YEAR 19 78 RETURN TO: PER?1IT FEES: Dept. of Revenue - Audit $20.00 due with application Games of Chance 6 Skill 17 of entire net proceeds due with annual Pouch SA financial statement Juneau, Alaska 99811 FIRST APPLICATION PERMIT RECEIVED PREVIOUSLY _._ APPLICATION MUST BE CMLETED IN ACCORDANCE WITH 15 AAC 05.460 r) V ORGANIZATION: game: Kenai Chamber of Commerce Inc. Address: Box 497 Kenai, Al"ka 99611 QUALIFICATIONS FOR A PERMIT: - A. Type of organization (Check one) (i)_j_Civic or service (9)_ Fishing Derby (2) Religious (3)` ratable (4) ­. Fraternal (5)__Educational (6)_„Veterans (7)_ Police or Fire Company (8)_ Dog Mushers (9)_ Fishing Derby (10) Political (11)x, Labor B. State how long organization has been in existence_j"i C. Recognized as a non-profit organization under the Federal Income Tax Laws. _Yes No Include a copy of IRS Car tific to if not previously submitted D. Affiliation with National Organization: Name of National: U.S Chamber of Commerce Headquarters Address: Washington D.C. E. Organized as a —Corporation;__Association ;� Partnership; Firth or __ Other ( ) Include a copy of original Charter, By -Laws and a current list of 25 local members, if not previously submitted. ***ALL ANSWERS MUST BE PRINTED IN INK OR TYPEWRITTEN*** FORN 04-643 (10/76) r. i C r � i I 1 P w -- - - -- - •- -- ---- - . TYPFSOF CAS11,'S TO liV CONDUCTED• - ._ .._ __�.�..,. .. .. (1) Bingo (3) Ice Classics /* (2)"X ,Raffles & Lotteries (4)____. Rain Classics M-4_Contests of Skill 2nd Viae P=614W+. -- - - -- - •- -- ---- - . TYPFSOF CAS11,'S TO liV CONDUCTED• - ._ .._ __�.�..,. .. .. (1) Bingo (3) Ice Classics (6)_____Fish Derbies (2)"X ,Raffles & Lotteries (4)____. Rain Classics M-4_Contests of Skill (5) Dog Mushers Contests List types of games by common name if other than those listed above. See Sec. 05.15.180; 15 AAC 05.410 and 15 AAC 05.450. SCHEDULE I - OFFICERS: f Name Title Home Phone 1. C.R.Baidwin 2. t0.chard Ncr�an President 141 V_ xW3J &"4 M -A 3. WOW ror+R 2nd Viae P=614W+. 4. Harry Gaines 28'1-4518 5. SCHEDULE II - PL'RSONS IN CHARGE OF GAMES (Must be a member of permittee organization) Name Title Home Phone 2. xnm 1to 28� SCEEDULE III - DATES An HOURS OF GAMES: Bingo games must not be held more than 9 times a month with 35 games per session Date Hour Date Hour DEDICATION OF NET PROCEEDS: A. Estimated gross receipts (;yearly) B. State the specific purposes for which the entire net proceeds are to be devoted and in what manner. All net proceeds mil be used the KeMU„_,, on Af i�-M.etsw?. to BftBist n ti�it• nri4,; ��«d w4P «4 �0 - .a �*RT"■■ ar+sra of community aotit vibes In Xarud. R d Qtf tnd41* SW CERTIFICATION: -'`- We certify that all the officers and all the persons in charge of games are of -good -moral character and -have never been convicted of a felony. We certify, under the penalties of perjury, that all of the statements contained herein are true and correct to the best of our knowledge and belief. SIGNATURE OF TWO OFFICERS REQUIRED CITY COUNCIL APPROVAL 4 � i 1 { {r l T 1. v F� 1 I r h J l ARCHITECTURE ENGI March 14, 1978 TO: Johl Cit, Box Ken+ FOR: Prod PROJECT: Ken+ STA Work performed i.- • �r I 313"E" STREET, ANCHORAGE. ALASKA 99501 TELEPMONE (907) 277.2841 1 - P - R 'f Ir - 1l �4 1 F_ & KENAI AIRPORT MASTER PLAN Progress Report #9 T.A.P., Incorporated Route 21 Box B 315 Haggerty Lane Bozeman, MT 59715 February 1-28, 1978 In preparation for the meeting with the Technical Advisory Committee held the first week of March, TAP's work during February was pri- marily In refining the development schedule, assigning the development Items on a priority basis to the time phases (1980, 1985, and 1995) and finalizing the cost estimates. As a result, the development schedule and costs are complete in preliminary form, and are being reviewed by the FAA, the sponsor, and airport tenants and users. This is an "ideal" schedule of events, and is subject to revision, based upon the findings of the upcoming economic feasibility analysis. Consideration was also given to the final design detail of the float plane basin and to the placement and configuration of future general aviation lots In light of recent requests to the city for FBO building areas. Finalization of the G.A. layout will be done in March following dis- cussions in Kenai with the lease applicants. Following the meeting in Kenai in early March, work will be directed toward the financial plan, Phase IV. This will include a detailed ana- lysis of airport leases. When this phase is completed, it will be Incor- porated into a draft revision of the complete master plan study, which will be presented to the advisory committee during the week of May 22. The attached bill for $1,455.25 covering work accomplished in February brings the total estimated project completion to 73 percent. D, _J MAR 10 1976 ifs/i:/F i- CITY OF KENAI RESOLUTION NO. 78-60 T- v - -r- - .1 - -% --- ice"-- T --w`.._ A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA URGING THE TENTH LEGISLATURE OF THE STATE OF ALASKA TO ENACT A BILL MAKING A SPECIAL APPROPRIATION IN THE AMOUNT OF $250,000 FOR CAPITAL IMPROVEMENTS TO THE KENAI PENINSULA COMMUNITY CARE WHEREAS, the Kenai Community Care Center provides an essential ► service to the youth of the Greater Kenai Peninsula area, and WHEREAS, additional funding to required for the continued maintenance, capital improvements and operation of the facility, and WHEREAS, Representative Hugh Malone has introduced HB 786 requesting a special appropriation in the amount of $250,000 to the Department of Community a Regional Affairs be hereby made for capital improvements to the Kenai Peninsula Community Care center, and WHEREAS, the sun of $250,000 to to be appropriated from the general fund to the Department of Community a Regional Affairs for payment as a grant to the Care Center to complete capital improvements. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI as follows: Section I: The Tenth Legislature is hereby urged to enact a Bill making a special appropriation in the amount of $250,000 to the Department of Community a Regional Affairs for capital improvements to the Kenai Peninsula Community Care Center. PASSED BY THE COUNCIL OF THE CITY OF KENAI this 5th day of April, 1978. VINCENT O'REILLY, MAYOR ATTEST: Sue C. Peter, City Clerk SPONSORED BY COUNCILMAN EDWARD AMBARIAN _'7 �-- Introduced: 2/10/71 Referred: Health,Edt Social Services and t -IN THE HOUSE w 2- HOUSE BILL NO. 785 3. IN THE LEGISLATURE OF THE STATE OF ALASKA 4 TENTH LEGISLATURE - SECOND SESSION 5: A BILL d -For an Act entitled: "An Act making a special appropriation to thi 7; of Community and Regional Affairs for capita e_ ments to the Kenai Care Center; -and providing O° effective date." to -BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKAs /1. * Section 1. The stmt of $250,000, Is appropriated from the gene tz - the Department of Commtmity, and Regional Affairs for payment as a 13 the Kenai Care Center, a community residential treatment program f 14:lescents0 to complete capital improvementsi i Sec. 2. This Act takes effect immediately In accordance with 1s 070(a) . 17` 1e 14' 40 ; r . n 26 x 27 m .1. HB 785 f f I I ' a I i ^ - •���.��.I• RF I I I1 VIII 1_ II! I I I I CITY MANAGER'S REPORT NO. 7-78 (April 5, 1978) 1. Ordinance No. 394-78 This ordinance is relative to sewer connections and is mandated by the Department of Environmental Conservation as a consideration for grant approval on sewer lines. The language is very specific. You may want to consider amending the ordinance to provide for another way of measuring the 200 feet. 2. Renewal of Beverage Dispensary Licenses We have hearings on the Rainbow Bar, Kenai Joe's and a recreational site license for the Peninsula Oilers. The information that I have at this time is that all three have problems, either with sales tax, personal property tax or real estate tax. The clerk will have more specific information at the meeting. 3. Letter of Resignation - Dwain Gibson The Council has a copy of the letter of resignation from Dwain Gibson from the Advisory Planning and Zoning Commission. 4. Lease of Citv-owned Lands - Craig Frees and Phil Brvson This lease is relative to lands on Fidalgo Street behind the Walter and Gloria Church building. While we have an indication of the possibility of water and sewer, Phil Bryson has indicated that they have some other considerations at this time and I am not certain as to how they intend to proceed. 5. Kenai Police Officers' Association I have no further information on this item. 6. Ordinance No. 395-78 The purpose of this ordinance is to update our building code. It Is essentially a complete revision of the language within the Code. 7. Ordinance No. 396-78 This ordinance,. if adopted, would declare the old water truck used by the Fire Department as surplus and acknowledge a bid from Kenny Carver to purchase the truck. S. Ordinance No. 397-78 This ordinance is relative to the Council's request for an ordinance to clarify the charter regarding the functions of the City Manager. I i- _ - - - r '7 f, a1 City Man ■��.�- L Page 2 0 9. Resolution No. 78-51 This resolution will formally rescind the two resolutions requesting the construction of Beaverloop Road and Forest Drive and accepting maintenance of same by the City. You will also note that within the packet is a letter from Deputy Commissioner O'Sullivan again denying State maintenance of Forest Drive and Redoubt Avenue. I have also prepared a draft letter as a cover letter to the proposed resolution indicating the City's basic objection. 10. Resolution No. 78-52 This resolution is asking for a transfer of funds within the Sewer Treatment Plant budget to provide for replacement of teeth on the machine in the Plant which grinds arriving effluent. Apparently no maintenance has been done on this machine for a number of years and these teeth need to be replaced. 11. Resolution No. 78-53 This resolution provides for a transfer of funds within the public works budget, deleting the authorization to purchase a local government radio and substituting therefore the purchase of two trash pumps which we now need to pump out ponding water in order to alleviate some of our worst effects of breakup. 12. Resolution No. 78-54 This resolution would declare the old City ambulance as surplus and authorize its disposition. This was prepared at the request of Councilman Ambarian and the City Attorney will have backup information. 13. Resolution No. 78-55 This resolution provides for a transfer of funds within the Legal Department and ratifies the telephone poli conducted in this regard to enable the City Attorney to utilize anti -recessionary revenue sharing funds to purchase books. 14. Resolution No. 78-56 This resolution requests the release of essentially the bluff lands to the City. This is in line with Mr. Wilcox's request that we ask for larger tracts rather than smaller ones', as we did in the Ackerly- O'Connell plat. To meet the problems of this area, we will delete the communications area which is enclosed by the fence line. At this moment, Y have not received the metes and bounds of the area from Malone Surveying. This information should be available to add to the resolution on Wednesday night. 15. Resolution No. 78-57 This resolution requests that the congressional delegation amend Section 404 of the Water Pollution Control Act relative to wetlands. i M a U Page 3 16. Resolution No. 78-58 This resolution accepts that portion of the Airport Master Plan as prepared by our consultants. The FAA requires that we formally commit ourselves to that portion of the master plan before we proceed with platting. At this time, I would also ask for Council approval to have the land platted to include the land across the road adjacent to the snow removal equipment area which is the City Shop and, of course, proceed with appraisals. 17. Resolution No. 78-59 This is the resolution prepared by the Finance Committee relative to the 1977-78 audit. 18. Lease of Citv-owned Lands: Robert L. Boraen. Peninsula Diesel and Joseph Ross We have three leases before the Council - Mr. Borgen has requested property on Willow Street, as has Mr. Ross, and Peninsula Diesel has requested property on Trading Bay Road. You will also find in your packet a copy of a lettter from Jeff Ottesen, Senior Planner for the Borough, pointing out that, in fact, the applications of Peninsula Diesel and Joe Ross are not in conformance with the zoning ordinance. It is ironic, however, that Mr. Ross's business has been in this zone in the past and is at this time and technically it is in violation of the zoning ordinance. Mr. Ottesen recommends that we approve the leases but that we do proceed with updating our zoning ordinance to properly permit these types of uses. 19. Donations/Contributions to Specific Interest Groups This is a discussion item. 20. Discussion - Boat Ramp and Adiacent Lands We now have a basic plat of the the boat ramp lands and the adjacent land requested by Dennis Carlson. I would point out that we have tried to contact Dennis and the last time we made a phone call, he was out of the state. Since that time, we have sent a letter pointing out that we have this plat available as well as a basic plat for the land lying in the vicinity of the Elks, the Katmai and the Spur, We will make a special effort to contact him prior to Wednesday night's meeting. I would also like to point out, in reference to the boat ramp, -that Bob Roper is interested in some of the same land that Dennis Carlson was interested in. It has been indicated to me that Mr. Roper is rather active in trying to proceed with the project. Hopefully, we will have some response from Mr. Carlson so that we know where we stand in this matter. N i- AL City Manager's Report #7-78 Page 4 21. Discussion - Reanoraisal of Citv-owned Lands 5E 71 I would like to ask that the Council discuss appraisals as there was mention made regarding asking for two appraisals on every piece of property. I have no objections, but would like definitive Council guidance on this as we have three leases subject to renegotiation this pear. If we need two appraisals, we need to begin work on it. Frankly, I can see no reason to go out for quotes for appraisals from the appraisers when we only need three appraisals this year. 22. CEIP Grant Applications - Bluff and Master Plan, I would like acknowledgement of the two CEIP applications submitted to the State last week relative to a master plan, requesting a grant of $80.000, and an environmental protection grant of $200,400 to revegetate at least the upper portion of the bluff. 23. Correspondence from the FAA Included in your informational packet is a copy of a letter received from the FAA relative to the grant program that we have of fencing the airport, acquiring certain lands adjacent to the float pond and certain taxiway and other lighting improvements. Two phases of the project are complete; however, the grant cannot be closed out due to the fact that we were unable to secure the land adjacent to the float pond by condemnation. The FAA desires that we update our attitude relative to that acquisition of land or withdraw from the proposal. Due to the fact that it will be some time before we can proceed with the float plane basin under the proposed master plan, it is probably more desirable from both the City's and the FAA's standpoint to close out the grant application and simply handle the acquisition of land under the hope of federal funding for expansion of the float plane basin. 24. Budget for 1978/79 Fiscal Year The budget requests are coming in from the various departments and the Finance Director is attempting to cost them out fully, specifically with -regard to personnel. We hope to have some information for the Council Wednesday night. What I propose to do is to present you with the requests of the various departments and annotate as to where the significant additional costs are and request guidance from the Council. We will also have the estimate of revenue and, of course, that estimate will be incomplete pending your decision on the tax rate. I k 4 i4 y i h � - I k 4 I v PCit age 5anti$er -s net>ui ti 25. ALPETCO I had a telephone conversation with Cathy Chandroll of PETCO and I expect to have some representatives from ALPETCO down next week to discuss the desires of ALPETCO relative to City services or City assistance. 26. CEIP Roads Appeal We have received response from the State that they would be making a determination in this matter shortly. I feel that they will grant us some funds, but I am not certain as to how they will do it. 27. Coastal Enerav Impact We will be receiving formal grant authorization for the water and sewer engineering and the topographic study. We need to make the determination as to where we are going to do engineering for water and sewer and, of course, who we will have do the engineering. In regard to the topographical study, I have some basic information on which to draft a proposal. As soon as we receive the formal grant authorization, we should be able to move on this. 28. LPW Pro,iects After submitting our proposed revised budgets to EDA on use of 07 the surplus funds, I called the project team leader. He indicated that he had received the budgets and that they would be getting back to us shortly. A week has gone by and we have not heard further from them. I guess no news is good news. 29. House Bill 133 I would like to draw your attention to House Bill 133, which was amended within the House and deals with land entitlement to the boroughs _ and cities. The -bill was significantly amended from its original form and. it appears to provide for trust lands such as the Board of Education lands and Public Health lands, which are not actually dedicated to a specific project, as being available for selection by the municipality in which they lie. I also understand that we have approximately 350 acres which we may select. it would be very desirable if the City could select 350 acres out of Section 36 and then in turn put it on the market. I would estimate that it would be worth about $7 million or better to the City, but this is not an immediate thing in that the Senate must act and then the Division of Lands does not move too quickly. qr I I � n r I T_V City Manager's Report 0-i Page 6 rz C _ 30. Well No. 2 i Well House No. 2 will be completed shortly on the relocated elec- tronic probes. However, there appear to be some additional problems relative to the people in the area. Mrs. Coyle was in complaining of additional sand in her well. I understand that the Lofstedt's well house on Beaverloop has lost head and there is an allegation that some wells in Thompson Park are being affected. I have asked the Director of Public Works to monitor the activities of these various wells and some of the others that we were testing to determine what affect actually occurs when we begin using Well No. 2 again. 31. Bluff Erosion Problem There is some pooled water particularly in that portion of the bluff by the lookout point across from Jim Hamilton's house and Kenai Bible Church. It appears that there has been some significant flow off of the bluff in that area. I have directed Public Works to erect a barricade or a series of barricades across that area to keep vehicles off of that bluff edge. I can envision at this time of year someone driving too close to the bluff edge and the whole thing going down into the river. While we have no legal respponsibility, we do have a moral responsibility and I feel that this must be acted Y on now. Cl 32. Draft Lease Ordinance Included in your packet is a draft lease ordinance relative to airport lands. It has a little different twist than what we discussed previously. There are some problems with it. However, it is simply a proposal for the Council to consider. 33. Willow Street Pro ect We have received notification from the State Department of Transportation that Willow Street is funded in the amount of approximately $1.1 million. The project will involve extending the cartway to approximately 40 feet, and installing curbs and gutters, storm drainage and, depending upon the actual bids, an asphalt sidewalk may be added. 34. Senior Citizens Complex We are having some problems with the senior citizens complex in the Old.Townsite...Apparently.some of the -senior citizens are having problems with the apartment manager and have asked Pat Porter, our Senior Citizens Coordinator, for assistance. Pat has been involved, appropriately I believe. However, there has been a disturbance over it and Pat will now refer all complaints to the legal assistance office for aid. Hopefully, this will clear up some of the problem areas and a possible personality conflict between the apartment manager and Pat. L F v n. L City Man g r IVN INN ie' 01 L L # 4' .Page 7 ' r 35. Winterization of Warm Storage Building, The money from the federal grant for the warm storage build improvements has been approved. I received the call Friday and -""- sson as we receive the actual grant authorization, we will proc with the design specifications so that we can go out for bids. 36. Additional Monies from EDA On FridayI was also informed that there is more of this en —j saving money available from EDA. I have talked to Clyde Courtn in Anchorage and we may be able to ask for $35,000 to $40,000 t arctic doors on the ramp side of the terminal. I have also tal with Don Wilcox of FAA and he pointed out that his office has n objection to the expansion and that there is a possibility of g ". ADAP monies to cover the City's share. I would like to not onl put on an arctic entrance, but match the current wing we have t butting it up against the existing building to provide for more lobby and security area space in the event that we have a need a security area. The project now, perhaps, is in the range of $40,000 to $60,000, but if we can get it fully funded between E and ADAP, we should have a valuable improvement to the Airport. �c AN Ili i n i 1 ! 1 A46 CITY ATTORNEY'S REPORT April 5. 1978 r ROGERS & BALDWIN f ATTORNEYS AT LAW ; T. J. Roacas POST OI►ICC 13O% 4200 TCl[ONON[/ C. R.BALOVIM KCNAI.ALASKA 09611 K. J. CUSACK E. MOGi March 29, 1978 R. r �C City of Kenai P. 0. Bou 580 - Kenai. Alaska 99811 Attention: John E. Wise , City Manager Re: A y Client Borgen & Son Excavating Contractors Dear Mr. Wise: I have been contacted by Mr. Bergen regarding Resolution No. 78-48, j awarding to his company the right to sell to the City of Kenai four thousand cubic yards of gravel for a total of $10,000.00. + 1 I have reviewed the Minutes of the meeting at which that Resolution was 1 - adopted , and note that apparently some attempt was made to amend the motion to make the award contingent upon the occurrence of some event, the nature of which is unclear. My client advises me that you interpret the amendment to - prohibit him from furnishing any materials to the City from the pit owned by River G - Bend Sand & Gravel. Inc., unless the Planning Commission and City Council shall have first approved a "development plan" for the pit. In view of the fact that the amendment as set forth in the Minutes does not appear to contain language to that effect, I would request that you first seek clarification from the City Council as to Its Intention in adopting the amendment. In seeking clarification from the Council, I would request that you advise the Council of Mr. Bergen's position with regard to your interpretation of the F amendment. The "(travel Pit Ordinance" as set forth in Kenai Peninsula Borough Ordinance No. 70.4 does not impose upon Mr. Bergen or the operator of the pit the burden of submitting annual plans to the City, nor does it authorize the Planning Commission or the City Council to annually review and approve the existing plan. The only requirement imposed upon River Bend Sand & Gravel, Inc. is that of complying with its existing plan, which has already received approval, and reporting to you as the administrative official on an annual basis its progress in complying with the existing plan. This report is due on or before June 11, 1078. f - i } r - i e 4 In F--- - --- - - {i A t 1 . City of Kenai March 29, 1978 Page Two The Council should also be aware of the fact that Mr. Borgen as proprietor of Borgen & Sot: Excavating Contractors, has no legal control over River Bend Sand a Gravel, Inc., which is the corporate owner of the pit referred to by the City Council. While Mr. Dorgen is a sharcho:der in thrt Corporation, he is not a majority shareholder. The Council should further be advised that Mr. Dorgen and the other bidders submitted their bids based upon the information contained in the Invitation to Bid prepared by the City. The bid documents contained no restrictions as to the location from whence the gravel could be obtained. The Council's amendment to the bid documents therefore constitutes an unenforcib!e attempt to modify a contract. It is regrettable that the Council has apparently adopted the practice of invading the purely administrative province of the City Manager. A small businessman dealing with the administrative officials of a city must necessarily exercise a greater degree of caution than he would exercise in the ordinary commercial context, due to the peculiarities of municipal law. The difficulties of the local small businessmen in dealing with the City of Kenai are compounded by the insistence of the City Council in meddling in the administrative affairs of the City under the pretext of exercising its stewardship. Please convey my client's position to the City Council, and advise me as to its response. Very truly yours, C. R. BALDWIN Attorney at Law co: R. L. Borgen P. O. Box 2519 Kenai, Alaska 99611 N April 5, 1978 Mr. Jim Wolverton P. 0. Box 3423 Kenai, Alaska 99611 Re: Personnel Policy Regarding Running for School Board Dear Mr. Wolverton: You have asked me for my advice as to whether you, as a City employee working for the Public Works Department as a sewer treatment plant efigineer, may run for a position on the local school board without violating any provision of the City personnel ordinance or the municipal code. Specifically, you refer to Section 22.35.020 (12) of the municipal code which calls for disciplinary action of an employee who engages in political activity as restricted by the charter. The provision of the City Charter pertaining to political activity of officers and employees is Section 10-7, which reads as follows: "No officer or employee of the City except the mayor and other councilmen and personnel who do not receive compensation for their services, may work for or against or attempt to influence the election or defeat of any candidate for mayor or councilman, or the recall of the mayor or any councilman; provided that this shall not prohibit the ordinary exercise of one's right to express his opinions and to vote. Any person who violates this section, shall be punished, upon conviction thereof, by a fine not exceeding fifty dollars and costs. Such violation shall constitute cause for removal from office or employment; and if the regular removal authority has not already removed the person who violates this section, he shall be automatically removed by the said r 4 t �,4a �r '•~v 'r t April 5, 1978 Mr. Jim Wolverton P. 0. Box 3423 Kenai, Alaska 99611 Re: Personnel Policy Regarding Running for School Board Dear Mr. Wolverton: You have asked me for my advice as to whether you, as a City employee working for the Public Works Department as a sewer treatment plant efigineer, may run for a position on the local school board without violating any provision of the City personnel ordinance or the municipal code. Specifically, you refer to Section 22.35.020 (12) of the municipal code which calls for disciplinary action of an employee who engages in political activity as restricted by the charter. The provision of the City Charter pertaining to political activity of officers and employees is Section 10-7, which reads as follows: "No officer or employee of the City except the mayor and other councilmen and personnel who do not receive compensation for their services, may work for or against or attempt to influence the election or defeat of any candidate for mayor or councilman, or the recall of the mayor or any councilman; provided that this shall not prohibit the ordinary exercise of one's right to express his opinions and to vote. Any person who violates this section, shall be punished, upon conviction thereof, by a fine not exceeding fifty dollars and costs. Such violation shall constitute cause for removal from office or employment; and if the regular removal authority has not already removed the person who violates this section, he shall be automatically removed by the said r 4 ... . . ' e-- • ■moi _ .. , ;+r�ii _ _ u i ' � : - - �.,.., i.- _ � _ _._ � � i n i � � ' iir. Jim woYverton r Page 2 j conviction of violating this section, effective at the expiration of the period during which he may _- appeal or, in case of appeal, when the case is finally determined." j As you can ascertain, the above section deals only with political activity by an employee as it relates to -: participating in political activity which would attempt to influence the election or defeat of any candidate for mayor or councilman. Therefore, since your planned activities in running for a position on the local school board would not violate the above provision, you may safely run for the school board without fear of violating any ordinance, code or charter provision of the City of Kenai. ; Very truly yours, 6 Ernest Schlereth n City Attorney . I ES/eh u I I _ _ � f 3 a 3 E_� ■ 41 I ` Vie. I' 1 L I F - April S. 1978 Honorable Hugh Malone. Speaker Alaska State House of Representatives Pouch V Juneau, Alaska 99811 Dear Representative Malone: This is to indicate support to HB 785 providing capital fundi for the Kenai Care Center. The Center provides a most valuable service to adolescents f the entire area. The service is also provided in an efficient understanding manner. Sincerely. Vincent O'Reilly, Mayor VOA: sp CC: Billie Hardy, Director Kenai Peninsula Community Care Center a t; .Z •' a 11',11 _ April S. 1978 Honorable Hugh Malone. Speaker Alaska State House of Representatives Pouch V Juneau, Alaska 99811 Dear Representative Malone: This is to indicate support to HB 785 providing capital fundi for the Kenai Care Center. The Center provides a most valuable service to adolescents f the entire area. The service is also provided in an efficient understanding manner. Sincerely. Vincent O'Reilly, Mayor VOA: sp CC: Billie Hardy, Director Kenai Peninsula Community Care Center a I KENAI PENINSULA BOROUGH i AGENDA FOR THE REGULAR ASSFIkIPLY MEETING APRIL 4, 1978; 7:30 P.N. BOROUGH ADMINISTRATION BUILDING P. 0. BOR 850 SOLDOTNA, ALASKA 99669 ' - A G E N D A - Assembly Vote A. CALL TO ORDER AND ROLL CALL McAllister 11 McCloud B. PLEDGE OF ALLEGIANCE AND/OR OPENING CEREMONY O'Connell 7.8 9 C. SEATING OF NEW ASSE•18LYilEN1ERS (novo) O'Reilly IO.;)b 9 Campbell 7.; D. AGENDA APPROVAL Cooper 30 Corr 9 E. MINUTES: March 21, 1978 Crawford 4 Davis F. ORDINANCE HEARINGS: Douglas 9 9 Elson (a) Ord. 78-9 "An Ordinance Making an Fields 10. •)7 9 Appropriation to the Bear Crook Fire Fischer 9 Service Area Capital Projects Fund Mille 10.17 of $130,0001• Long 9 (b) Ord. -78--10 "An Ordinance Appropriating #3,lbu trom the Unappropriated General Fund to Reimburse Certain Private Parties for Monies Paid to the Kenai Peninsula Borough to Clear Title to Certain Lots in the Irons Subdivision" (c) Ord. 78-12 "An Ordinance Appropriating Antirecession Fiscal Assistance Grant Funds Hade Available by the U. S. Congress to the School Maintenance Fon:d for -Salary and Benefit Adjustments" G. INTRODUCTION OF ORDINANCES: (a) Ord. 78.13 "An Ordinance Amending Portions of Title xi of the Kenai peninsula Borougqhh Code of Ordinances Pertaining to Zoning Adminis- tration and Enforcement Procedures in Homer and Adding Townhouses as a Conditional Use in th the Residential District" (b) Ord.78-14 Concerning Rezoning City ordinance (e) Ord. 78-1S "An Ordinance to Regulate the Con- struction and Operation of Commercial Septic Disposal Systems Within the Rural'Residential District of the Borough" (d) Ord. 78-16 "An Ordinance Ammending Section s.ua.ubu of the Kenai Peninsula Borough Code of Ordinances to -Adopt Mason's Manual of Legislative Procedure in Lieu of Roberts Rule of Order" H. PUBLIC PRESENTATIONS (with prior notice) (a)•Niko Stanley, Department or Environmental' Conservation : f AGENDA FOR APRIL 4, 1979 PAGE. 2 1. CO011TTEE REPORTS (a) School Board (Fields/Fischer) (b) Cook inlet Air Resources Ugu►t. Di✓L. (Davis Long) C) Legislative Overview (Campbell/Long) O.E.U.P. (Fischer) Finance (iliIIe/Cooper/Crawford/Fields/:McCloud) Solid Uasto (Fischer/6icAllister/Cooper) Roads and Trails (Davis/Corr) J. 61AYOR'S REPORT •(a) Preliminary General Government Budget FY 78-79 To be -presented at meeting Y. SCHOOL CONSTRUCTION REPORT (a) Furniture 6 Equipment List, Sewavd High School (3-20-78) i (b) ftemo "Presentation of Soldotna High School P1ans78-70 Architect Harold Wirum L. OTHER BUSINESS (a) "Farming Above the Artic Circle" 4 Short Film Presentation; Corr (b) Res. 78-36 " A Resolution Commending the Alaska state uepartment of Environmental Conservation for Oerating in a Manner to Assist the Kenai Peninsula Borough' (c) Res. 78-38 "A Resolution to Authorize the Inspection of the Complete Hockey Rink Pack- sge For Sale in Waltham, Massachusetts, to Aaterming Quality and Suitability for Use in the borough, and Negotiation of a Firm Offer of Purchase for Presentation and Report to the Assembly" (d) Res. -78-39 "A Resolution Urging Rejection by vne u. b. Senate of -the Panama Canal Treaty ss Being injurious to the Alaska Economy" (e) Appointment, Planning Commission (f)• Appointment, Central Peninsula hospital board (0) Tax Adjustment Requests (h)' iti en)Request for Waiver of Time for Piling Citizen (1) Memo 78-73 ' "Change Order, North Peninsula Recreation Service Area" • MAYOR AND ASSEMBLY: CO*IFNTS AND DISCUSSION i i : 2 EM IN AGENDA FOR APRIL 4, 1978 PAGE N. PUBLIC PRESENTATIOM 0. INFOMIATIONAL IIATIMIALS AND REPORTS (a) Minutes 1. School District 3/6/78; Briefs 3/20/78 2. Overall Econortic Development, General Conmittee, Mar. 9.1978 3. North Kenai Fire Service Area. 3/22/78 4. So. Peninsula Hospital Z/1S/78 (b) School District Budget, Revision, Page 191 (c) Liquor License Applications of: (nonb) (d) ARIL Bulletin 26, 27; Buletin 78-13 "Tele- conference - 118843, Teleconference Hearings (e) News - U. f, Department of Labor; Anchorage Food Index, February, 1978 (f) Enrollment Projections and School Construction Needs Report - separate P. NEXT MEETING: April 18, 1978, 7:30 p.m. •3- —=pug I i NIL !•��! KENAI PENINSULA BOROUGH ►._o = AGENDA FOR THE REGULAR ASSEMBLY MEETING MARCH 21, 1978; 7:30 P.M. BOROUGH ADMINISTRATION BUILDING P. 0. BOX 850 SOLDOTNA, ALASKA 99669 -A G E N D A- - Assembly Vote A. CALL TO ORDER AND ROLL CALL Long 9 - McAllister it B. PLEDGE OF AdEGIANCE AND/OR OPENING CEREMONY McCloud 7.5 O'Connell 9 - C. SEATING OF NEW ASSEMBLYMEMBERS (none% O'Reilly 10.66 Arness 9 D. AGENDA APPROVAL Campbell 7.5 Cooper 10 E. MINUTES: March 7, 1.978 Corr 9 Crawford 4 F. ORDINANCE HEARINGS: Davis 9 Douglas 9 (a) Ord. 78-5 "An Ordinance Concorning Elson 10.67 Kezoning Within the City of K•anai" Fields 9 (Northeast corner of Kenai) Fischer 9 Hilae 10.67 -. G. INTRODUCTION OF ORDINANCES: (a) Ord. 78-11 "An Ordinance Appropriating 46b,yoo from General Fund and $227,600 of Coastal Energy Impact Program Funds for Water Resources and Feasibility Studies" (b) Ord. 78-12 "An Ordinance Appropriating Antirecession Fiscal Assistance Grant Funds Made Available by the U. S. Congress to the School Maintenance Fund for Salary andBenefitAdjustments" ( 1 H. PUBLIC PRESENTATIONS (with prior notice) " (a) Presentation of KPBSB Budgot, 1978-79 Mrs. Carolyn Cannava, President, School Board (b) Bus Service for Tote Road; John Stubblefield or Ed Warfle y (c) Max Hamilton $ Jim Jacobs; OEDP Executive Committee and Planning Commission I. COMMITTEE REPORTS a School Board March 20, (Elson/Fields) j b Cook Inlet A r Resources Management C Legislative Overview (Campbell/Long) • d O.E.D.P. (Fischer) 11 'F 1 o Finance (llille/Cooper/Crawford/Fields/McCloud) f Solid Waste (Fischer/DlcAilistor/Coopor) ! g Roads and Trails (Davis/Corr) - J. MAYOR'S REPORT (a) Finance Report, February, 1978 I -- - - T.. -- — J_ j.II0 ki. E j AGENDA FOR MARCH 21, 1978 page 2 I 9. SCHOOL CONSTRUCTION REPORT (a) Memo 78-68 "Seward Recarpet Overlay/Bid Award" ' Res. 78-30 "A Resolution Authorizing Transfer of Funds trom the Unassigned Appropriation for 1977-78 Capital Projects to Seward Elementary Roca pot and Overlay" (b) Res. 78-35 and Memo Awarding Bid on the now _.-- Soldotna Elementary School (separate mailing) (c) Memo 78-67 "Selection of Architects for Future Construction at Nikolaevsk, Homer Elementary I1, and Homer Jr/Sr High School" and Res. 78-31 "A Resolution Approving Selection of uesign Lab, Inc. for the Nikolaevsk Addition and Authorizing Transfer of Funds from the Unassigned Appropriation for 1977-78 Capital Projects to Nikolaevsk Elementary Addition" (d) Res. 78-32 "A Resolution Approving Selection of Wirum and Associates for the New Homer Elementary { School" c (e) Res. 78-33 "A Resolution Approving Selection of maynara and Associates for the Homer Junior/Sonior High School Completion and Authorizing Transfer of Funds from the Unassigned Appropriation for 1977-78 I ' Capital Projects to Homer High School Project No. 11050 and Homer Junior High School Project No. 11060" (f) t6le1978quipmont List, S3ward High School (. March ` .., L. OTHER BUSINESS (a) Res. 78-25 "A Resolution Approving the Grant of Public Access Across Certain State Lands V Approved for Conveyance to the Kenai Peninsula • (b) 1 Res. 78-26 "A Resolution Authorizing the Mayor to bolicit Otfors and to Enter Into Negotiations with Interested Parties Regarding the Occupancy of the . - Former Seward High School Building" ' :.r (c) Res. 78-27 "A Resolution Authorizing the Mayor to rnter into a Cooperation Agreement with the Cook F Inlet Native Housing Authority" ' (d) Res. 78-28 "A Resolution to Protest the Use of --- Lnemical Herbicides Along Highway Rights -of -Way Within the Kenai Peninsula Borough" t (e) Res. 78-34 "A Resolution Reqquesting a Hearing to �soggtiola in Soldotna By the Stato Department of on Use of Herbicides to Control Poliaaes GrowtheAlon g 8 y (f) Roo. 78-29 "A Resolution Requesting the Alaska t bepartment of Highways to Maintain the Present Roadway of the Stubblofiold-Charlie Brown Road ' in Order to Accommodate School Bus Service" 1' I i • j AGENDA FOR MARCH 21, 1978 Paso 3 ' (g) Requests for Waiver of Penalty and Interest 1. Michael Van Deusen 2. Steve Agee (h) Tax Adjustment Requests M. MAYOR AND ASSEMBLY: COMMENTS AND DISCUSSION N. PUBLIC PRESENTATIONS 0. INFORMATIONAL MATERIALS AND REPORTS (a) Minutes: KPBSD News in Brief, Agenda, Finance Statement, 2-78 Planning Commission, 11.28-77 Plat Committee, 2-6-78 Nikiski Fire Service Area, 3-8-78 No. Peninsula Recreation Service Area, 2-28-78 (b) Liquor License Renewals Clam Shell Lodge, Clam Gulch Pines Bar and Motel, North Road Roidon's Bar and Liquor, Sterling The Place, North Road • (c) Alaska Municipal League Bulletins 24 & 25 (d) Memos to the Assembly: Projected 3 Year Local Service Roads $ Trails Status English Bay River Footbridge (e) Miscellaneous: Cost of Living Index, January 1978 ".. Community College Policy Council Report, D. Thompson 77 P. NEXT MEETING: April 4, 1978, 7:30 p.m. c D: Y i . r I ' r i f r F _. .___ .._..- __ CITY OF KENAI P i F. 0. SOX WO KENAI, ALASKA 99611 ME"M9 989 - 7633 March 30, 1978 MEMO TO: John Wise, City Manager FROM: Keith Kornelis, Director of Public Works SUBJECT: Public Works Report for City Council Meeting of April S. 1978. BDA WATER WELL PROJECT The electrical subcontractor, -City Electric, has notified the City that most of the parts needed to complete Change Order No. 13 -IN have arrived. They are presently awaiting on a revised electrical drawing from Mr. Harold Galliett. A couple of weeks ago, City Electric discovered that the as -built drawings that were submitted to Harold Galliett by the mechanical subcontractor were in fact incorrect and not for the unit that was installed. I am hoping for a completion date on this project of.lat.next week and the final inspection a week after_that. r.r• •• =r.., - • 3M GALLON WATER TANK,'CITY WATER AND SEWER IMPROVEMENTS, AND CITY WYKE it tM ROVEM'ENTS After the March 10, 1978 meeting with the design engineers on the above-mentioned projects, I sent letters to engineers who are interested in construction in this area asking for proposals or suggestions concerning the project coordination/inspection of these projects. By the time the City Council meets, I hope to have responses from the different engineering firms concerning our requests. Harold Galliett has sent a surveying crew down and completed flagging the clearing limits for the three -million gallon water storage tank and the chain link fence. Last week the State of Alaska has had a clearing crew in the area cutting firewood for the parks in these clearing limits. The State of Alaska must have coordinated their activities with Rockford Company, the prime contractor on the job, since there has been no contact between the City of Kenai and the State of Alaska concerning this clearing. E A E i Mr. John Wise March 30, 1978 Page Two POSSIBLE AIRPORT PAVING PROJECT The special committee assigned to study the engineeringproposals for the airport paving has returned these proposals to the Public Works Department. It has been found that funding is not available for this upcoming construction season and that we will be lucky if we get anything by the next construction season. Yet, some kind of reply is appropriate to these engineering firms that have spent some time in preparing their proposals. If the Council wants to hold off any type of committment to these engineering firms until we are closer to a time when funding will be available, then we should so inform them. CONSTRUCTION SPECIFICATIONS This is an extremely important item and yet I have not found time to devote to the completion of this project. I realize the construction season is coming upon us very rapidly and I should spend a good solid week doing nothing but these specifications but my work load finds this impossible. CITY OF KENAI PUBLIC AUCTION The auction went as planned on Saturday, March 18, 1978 at 10:00 a.m. Sally's Auction Company provided the auctioneer while City employees Noreen Seals, Charlie Brown and myself handled the paperwork, money transactions and title coordination. The Public Works Department considered the auction a complete success. The City of Kenai received a little over $24,000 for items that we no longer used, needed or wanted. The Finance Department has informed me that all the money has been collected and Sally's Auction Company has been paid and all the paperwork is complete. SEWER TREATMENT PLANT The Public Works Department is consistently looking for ways to improve the Sewer Treatment Plant operation. At this time, we are looking at two items we feel will be a big improvement to the plant. The first item is by-passing the Imhoff Tank. This building was the old sewer treatment plant. When the new Sewer Treatment Plant was built, they retained this old sewer treatment plant as a chlorine contact chamber. As of November 11, 1977, we are operating under a new permit which no longer requires addition of chlorine. I Mr. John Wise March 30, 1978 Page Three r -% Since we have stopped using chlorine, this Imhoff Tank has become nothing more than a recontamination chamber which does more harm for treatment then help. Our Water and Sewer crew is currently investigating the possibilities of completely by-passing this system. The Public Works Department has hopes of eliminating the building completely and clean the area up. The second item we are presently working on is by-passing the sand filtration system which has never worked effectively. Ile feel both items will greatly improve the flow of the plant and we are in hopes that we will be able to handle a larger volume. The Sewer Treatment Plant operators have again commented that there is a great deal of improvement in the quality of sewage reaching the STP since the March 8th banning of septic dumping into the sewer system. We have had no companies dumping at the STP at this time. However, on Thursday, March 30, 1978, at approximately 7:45 a.m., the operators unquestionably feel that someone illegally dumped a load of septic material in one of our manholes. The material contained a considerable amount of sand and sewage material that had gone septic. The STP operators have notified the Kenai Police Department and they stated that they would be on the look out for anyone dumping into our manholes. PUBLIC WORKS WEEKLY FOREMENS' MEETING THE SHOP has installed a rebuilt engine in a police car and got it back into service, finished replacing the rollers and idlers on the HD11 dozer, replaced a soft plug in a police car engine, repaired lights, stabilizers and throttle on the new backhoe, pulled the transmission out of our Gallion grader, and did regular maintenance work on our equipment. The shop stili has some repair work on the backhoe in order to get it ready for use. It also has continued repair work on the Gallion blade. The shop again points out the problems we are having with the emergency generator at the airport. We had a power outage on 3/25/78 when shop personnel had to be dispatched in order to get the emergency generator running. THE STREET CREW has completed work on the sign rack, plowed snow at the airport and streets, stripped the pack ice off the streets, moved the City Hall records from the airport terminal to the new storage area, hauled garbage from the shop, scenic parks, on the beaches and around the airport terminal, pumped water out of holes and low points in the streets as they appear, and checked out the operation of our new sign machine. The Street Crew mentions a very important problem concerning our bad streets and the need for gravel. I will comment later on this subject in my report. Mr. John Wise March 30, 1978 Page Four THE WATER AND SEWER CREW continue to work on our lift stations, cleaning and maintaining our well houses, worked on the witer meter at Wildwood, worked with George Robinson on the inspection of his water line to the Redi-Stop, collected water meter readings for billing, repaired a lift station pump and put it back in service and hooked up and started the generator at the well house during our power outage. This coming week they plan on working on by-passing the Imhoff Tank, locating manholes that are buried, and work on some of the water and sewer equipment. THE ANIMAL CONTROL OFFICER worked this week answering animal complaints, taking care of the animals, animal disposal, and patrolling areas around town. During this past week, we also had some dog bite cases that he worked on and delivered some puppies from one of the dogs in the shelter. He plans on submitting a proposed change in the animal control ordinance and installing the new nitrogen chamber when it arrives. THE WASTEWATER TREATMENT PLANT has installed their new composite sampler and continued with scheduled maintenance and general clean-up of the plant. They have completed cleaning out the drying beds, cleaned up the sign making room and continued the routine testing in the plant. Plans for the future concerning the plant include repairs and replacement of parts in the communator, aeration basins, valves, diffuser discs, and various other items within the plant which are long overdue. There are also plans to completely clean out each aeration basin which should be done once a year. There are also plans as mentioned earlier to by-pass the sand filter in the plant and the Imhoff Tank. There were a few items mentioned by all foremen that should be Included in this report. All the division foremen are spending a considerable amount of time working on the anti -recessionary money that was allotted them and they spent quite a bit of time working on the auction getting the equipment ready. The Public Works Departmont is also very much in need of pick-ups. At the present time, some City employees are using their personal pick-ups for City business because of this need for pick-ups. ITEMS OF INTEREST The City employees for the Department of Public Works has jointly answered your letter of March 17, 1978 concerning personnel costs for the upcoming budget. Their response is 'life feel that since the cost of living for the past three years has risen from 101 to 250, we should at least receive a 251 increase in pay -- all in cash, not in insurance benefits." I� Mr. John Wise March 30, 1978 Page Four THE WATER AND SEWER CREW continue to work on our lift stations, cleaning and maintaining our well houses, worked on the witer meter at Wildwood, worked with George Robinson on the inspection of his water line to the Redi-Stop, collected water meter readings for billing, repaired a lift station pump and put it back in service and hooked up and started the generator at the well house during our power outage. This coming week they plan on working on by-passing the Imhoff Tank, locating manholes that are buried, and work on some of the water and sewer equipment. THE ANIMAL CONTROL OFFICER worked this week answering animal complaints, taking care of the animals, animal disposal, and patrolling areas around town. During this past week, we also had some dog bite cases that he worked on and delivered some puppies from one of the dogs in the shelter. He plans on submitting a proposed change in the animal control ordinance and installing the new nitrogen chamber when it arrives. THE WASTEWATER TREATMENT PLANT has installed their new composite sampler and continued with scheduled maintenance and general clean-up of the plant. They have completed cleaning out the drying beds, cleaned up the sign making room and continued the routine testing in the plant. Plans for the future concerning the plant include repairs and replacement of parts in the communator, aeration basins, valves, diffuser discs, and various other items within the plant which are long overdue. There are also plans to completely clean out each aeration basin which should be done once a year. There are also plans as mentioned earlier to by-pass the sand filter in the plant and the Imhoff Tank. There were a few items mentioned by all foremen that should be Included in this report. All the division foremen are spending a considerable amount of time working on the anti -recessionary money that was allotted them and they spent quite a bit of time working on the auction getting the equipment ready. The Public Works Departmont is also very much in need of pick-ups. At the present time, some City employees are using their personal pick-ups for City business because of this need for pick-ups. ITEMS OF INTEREST The City employees for the Department of Public Works has jointly answered your letter of March 17, 1978 concerning personnel costs for the upcoming budget. Their response is 'life feel that since the cost of living for the past three years has risen from 101 to 250, we should at least receive a 251 increase in pay -- all in cash, not in insurance benefits." a.....ea /' - i Mr. .lohn Wise March 30, 1978 Page Five r T . CH N Hill has set up May 3rd as being the public hearing for the facilities plan. This is during a regular Cit;• Council meeting. They have provided us with some preliminary glimpses of khat they are going to submit which are available for an;. of the Council members to look at any time. The Public Works Department feels that the money received in the recent City auction of surplus equipment should he used for new pick-ups which are badly needed. At the present tine, we have City employees using their own vehicles for City business. We fool we have a need for four new pick-ups in our Department. In the past, the City has purchased 3/4 four-wheel dirve pick-ups but we are willing to sacrifice size and durability in order to save money. We propose purchasing two smaller compact type pick-ups, one 3/4 ton pick-up and one 3/4 four-wheel drive pick-up for the Public Works Department. We are starting to have a considerable amount of problems in our sewage system due to the years of build up of grease and material on the inside of our pipes. Our sewer system is long overdue for a complete cleaning which we hope to accomplish this coming year, if we obtain the equipment necessary to do the work. The City of Kenai Department of Public {Yorks is in very bad need ofgravel at this time to maintain our roads. As you are aware, the bottom has fallen out of many of our roads and they need a lift of$ravel. Unfortunately, the 4,000 cubic yards that was bid for on March 9, 1978 is being held upp due to the Council resolution asking that the award of the bid be contingent upon approval of the Planning Commission and the Council of the Riverbend Gravel development pian for 1978. (Providing that the classified fill material is extracted from their location on Beaver Loop) The unfortunate part of this is that the development plan is not due until June and we need the gravel as soon as possible. There is an ordinance coming up this next Council meeting declaring a piece of equipment surplus. This 6x6 GMC water truck was not included in the auction list because at the time of the first public hearing, we were using it as a sludge truck. At this time, we have no use for this piece of equipment and it should be declared surplus. Mr. Kenney Carver has inquired about the truck when he saw it in the yard and has offered to pay $150 for it. The truck is well worth $150 for parts but it is not of any use to us. I guess it would be up to the Council whether to declare it surplus and sell it for the amount or to put it up for bids or whatever. f a • Mr. John Wise March 30, 1978 Page Six There is a resolution before the Council at the upcoming meeting concerning the purchase of two three inch llomelite trash pumps. These pumps are very much in need right now for draining the low spots and ditches around the City and in the Cite streets. We will be fortunate enough to obtain hose from our anti -reces- sionary money which we have already applied for. The money for the pumps is there, it is just simply that it was not specifically allocated for pumps within the budget. The items directed to the Public Works Department in the memorandum to John Wise from the Mayor and City Council dated March 14, 1978 have been completed. The only comments we might make about this is that much of the trash, etc. that was inside and around the pumphouse ai came from the construction workers that were working on the well house. As far as the airport entrance to the terminal, we were under the impression that this was part of the maintenance contract for the airport. Please mention if further action is needed. With spring arriving and the snow melting, we are discovering a.good deal of trash lying around. I understand the City hires a small t crew of Parks and Recreation people who are responsible for policing up the trash situation throughout the City. I question if it is not time for the City to hire one such individual to proceed in and around the City owned facilities in starting this clean-up program. / The City of Kenai's lift station pumps are starting to get old. All but two pre -date any of our present employees and no records i have ever been kept on their maintenance. We are starting to spend a lot of time and money in rebuilding and repairing these pumps , it would possibly be more economical to replace them then to keep rebuilding them. I know there is a possibility that we may receive funding from EDA to repair the electrical controls and overhaul or replace our existing lift station pumps. However, I am afraid that this funding may not become a reality and these improvements will be forgotten. The City of Anchorage is about to contract with Alaska Test Lab and Tryck'Nyman and Hayes for a water and sewage line leak inspec- tion. Much of the 18,000 miles of sewage will be analyzed for in- flow and infiltration by a company called Penatron out of Chicago who are suppose to be the top experts in this field. Mr. Mel Nichols of Alaska Test Lab has informed me that while the set up and moving of the equipment into Alaska is going to be very expensive, that once the operation is set up in Anchorage, it may he relatively inexpensive for the work to be done here in Kenai. He said he would look into the possibilities and also into the costs and get back to me. i IN 0 Mr. John Wise March 30, 1978 Page Seven 1 On Wednesday, March 29, 1978, I spent the entire drwith 61r, tti i t i i a n Cassler who is with Rawlins, Rerdick f, Hunter giving him a comillete tour of the City facilities. KK/nls - - P•-�►.�a....,.. _-� In LL!! .LIL.! 111 AN-- INTER-OFFICE 1.w.er' r 3. INTER-OFFICE MER10 TO: Ernest Schlereth, City Attorney FROM: Deanna Evans, Recodifieation RE: Recodification Report The following account is an update on the status of recodificationon: TITLE I - AGENCIES. OFFICERS, AND EMPLOYEES Completed. TITLE IV - UNIFORM CODES This book of the City Code is presently being repealed and reenacted in its entirety by Ord. 395-78, to be presented at the next regular Council meeting. This new book is now on mag cards. As soon as Council passes this Code ordinance. I will insert :he history and then run off the mag cards, thus, completing TITLE IV. Article 6 is being deleted from this Code and transferred over to the FIRE PREVENTION Code, TITLE VIII. TITLE XIV - PLANNINO AND ZONING Completed except for the following: 1. Chapter i (Planning Commission) is going to be repealed in its entirety and a new chapter enacted (to be numbered Chapter 5) . A draft is presently in the hands of the Planning Commission for their approval and/or recommendations. 2. Under the 1963 Kenai Code, Article 3. Zoning Ordinance, will be deleted from the Code. An ordinance will be brought before the Council on this. The Zoning Ordinance section of the Code is merely a duplication, for the most part, of the Borough's zoning regulation covering the City of Kenai, known as, "Kenai Municipal District - Zoning Code Chapter 21-76". Besides avoiding multiplicity, Article 3 will be deleted from the Kenai Code to avoid forceable problems of the City trying to en- force ming regulations the City does not have power to do. The City of Seward currently is in litigation over this very problem. TITLE =1 - PERSONNEL REGULATIONS Completed. 91 1 - -- 1111 1 11 11 11. A.1 Jim Ernest Schlereth, City Attorney Recodification Report Page 2 INDEXING The indexing of the Code W11 be left until the end tions have been brought up to date. Therefore, p when I say a Code book is complete, it is with the index. NUMBERING SYSTEM CHANGED The new 1978 Kenai Code will be under a new num follows: 1. Each Code book will be known as TITLE, i TITLE I - AGENCIES, OFFICERS, AND 2. Each TITLE is then broken down into Chapters, i.e., Chapter 5 - Form of Government Chapter 10 - The Council The chapters are numbered in multiples of five, allowing for expansion in the future as the City's regulations and needs grow. S. Each chapter is then broken down into sections of multiples of ten, again allowing for expansion. i.e. 1.05.010 Form of Gov. Changed to "Council -Manager" Form 1.05.020 Powers and Duties of City Manager 4. A section number will be written in such form as to identify the name of Title, chapter of said title, and section of that chapter, 1.05.010 Title 1 Chapter .05 Section .010 FORMAT The new 1978 Kenai Code to designed to be in an easily read format, involving proper indentations and line spacing. - - — - . - -- - - --- T- _ — - — --- -Is .. _ Ernest Schlereth, City Attorney Reeodifieation Report Page 23 SPELLING AND MINOR PUNCTUATION CORRECTED Spelling errors and minor punctuation errors are corrected as each Title is completed. HISTORY COMPLETED Because of the discrepancies and errors discovered, I did a history on all the sections of the Kenai Code, which is now complete. This history shows the origin of Code provisions and all changes made thereafter. It provides an up-to-date status of any Code section. it also provides a erose reference between the 1963 Code numbering sys- tem and the 1978 Code numbering system. While doing TITLE I - AGENCIES, OFFICERS, AND EMPLOYEES, I dis- covered various sections showing no history, giving no indication by what authority a questioned provision was put into the 1963 Code. (Examples are Sections 1.10.810 through 1.10.030) . Since there was no conflict with the City Charter and with your approval, I left them in the Code. Under the 1963 Code, the history of each section shows the date the Code ordinance passed. Under the 1978 Code, I put in the effective date of ordinance. The reason being that it is important to know when a regulation of the Code is to take effect -- when it is enforceable. I f s .. - - — - . - -- - - --- T- _ — - — --- -Is .. _ Ernest Schlereth, City Attorney Reeodifieation Report Page 23 SPELLING AND MINOR PUNCTUATION CORRECTED Spelling errors and minor punctuation errors are corrected as each Title is completed. HISTORY COMPLETED Because of the discrepancies and errors discovered, I did a history on all the sections of the Kenai Code, which is now complete. This history shows the origin of Code provisions and all changes made thereafter. It provides an up-to-date status of any Code section. it also provides a erose reference between the 1963 Code numbering sys- tem and the 1978 Code numbering system. While doing TITLE I - AGENCIES, OFFICERS, AND EMPLOYEES, I dis- covered various sections showing no history, giving no indication by what authority a questioned provision was put into the 1963 Code. (Examples are Sections 1.10.810 through 1.10.030) . Since there was no conflict with the City Charter and with your approval, I left them in the Code. Under the 1963 Code, the history of each section shows the date the Code ordinance passed. Under the 1978 Code, I put in the effective date of ordinance. The reason being that it is important to know when a regulation of the Code is to take effect -- when it is enforceable. • r 1 1tii tt `I+.t, - itl 1'it•"i'1ii:1i' r►i .11 ;+lIt:1: ttlJl.lc11. ,.� Itl ►i ul' I'��i.«1'11; 17ift'. y.ft tom. fr (it '•. tf+ March 24, 1978 Honorable John Wise City Manager i Kenai, Alaska 99611 f f Dear Mr. Wises Graduation exercises for the 112th Session of the FBI National Academy were held this morning. I am pleased to advise that Chief of Police Richard A. Ross received a diploma at that ceremony signifying successi completion of the required courses. The subjects selected by each individual off; Included Behavioral Science, Criminal Law, Forensic Sc; Education -Communication, and Management Science. Law 1 forcement Arts courses included firearms training, phyl training, and special electives of interest. It was a pleasure to have your agency represented at the Nations - - Academy and we hope the training proves beneficial. , Sincerely yours, William H. Webster Director C .ot�oorr I i r �- i _ �4 i i I 1{ 1 r 1 i _ I r' I CITY OF KENAI ""Od Oaf" e/ 4"a„ P. 0. BOX 580 99UAI, ALASKA 99611 TELEPHONE 783 • 7533 March 31, 1978 I hereby authorize Lilliam HaIdd.nen to sign checks in violation of the corporate resolution of authority due to the absence of the City Manager and the City Clerk on March 31, 1978. Check # 1483 Alaska Mun. Dployee Fed. $5,9?8.00 Carat Union Check N 1484 State of Alaska 25.00 check # 1486 U.S. post Office 52.38 cot City Attorney d E s ' fA t \A jar a = V •1' i L Mi f KENAI PENINSULA F3t7ROUC3H . 809 880 • 5 ::OOTNA. ALASKA 99889 a P, --.%E 262.4441 march 29, 1978 John mise, City Manager City of Kenai ( P.O.Box 580 Kenai, Ak. 99611 As: Lease Applications in Cook Inlet Industrial Air Park Dear John: DON GILMAN MA, 01J At the March 22, 1978 meeting of the Kenai Advisory Planning Commission, I observed the approval of two lease applications ` In the Cook Inlet Industrial Air Park. Both leases were for a joint retail -maintenance shop, one catering to automobiles, the other to diesel trucks. In comparing the proposed uses to the allowed uses in a Light Industrial District, I found that the service or maintenance portion of each lease was not allowed in the Light Industrial District. I bring this matter to your attention, not because I feel the proposed use is inappropriate to the generally allowed uses in the zone, but to point out that in all fairness, the City should adhere to the zoning code in the same manner as a private property owner must. At this time an appropriate solution would be to approve the leases subject to the appropriate rezoning action, in these cases to General Commercial. As a future action, you may want to amend the code to allow automotive repair in the Light Industrial Zone as it certainly Is compatible with the basic intent of the zone. In conclusion, to selectively enforce the zoning laws will only serve to weaken them and reduce the opportunity to achieve a compatible and attractive pattern of land use. In light of the future growth which the City of Kenai faces, the proper and lawful administration of the zoning code will be increasingly important. Bi ce ely, Jeff Ottesen Beaior Planner JO:kg L r r v - _ _ r ROUGH DRAFT CITY OF KENAI ORDINANCE NO. -78 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING POLICIES AND PROCEDURES RELATIVE TO THE LEASE OF CITY AIRPORT LANDS . WHEREAS, lands granted by quitclaim deed by the Federal Government are, by terms of that deed, to be managed or otherwise used solely to support airport activities, and' WHEREAS, clearly established policies are necessary for the effective management of such lands, and WHEREAS, there must be a correlation between the needs and responsibilities relative to the airport and the needs and responsibilities relative to the City as a whole, and WHEREAS, absolute maximization of return to the airport may well preclude the proper, effective, economic growth of the City and in turn be self-defeating, and WHEREAS, this ordinance is, therefore, designed to provide a balance, meeting the needs of both the Airport and the City as a whole. I BE IT ORDAINED by the Council of the City of Kenai, Alaska: �t#` Chapter 20, Lands, of the Code of the City of Kenai is hereby amended to read as follows: ARTICLE I k RULES AND REGULATIONS GOVERNING THE LEASING OF CITY -OWNED AIRPORT LANDS Section 1. Lands Available for Leasing. All thekands within the limits of the City to which the City holds title may be leased as hereinafter provided. Section 2. Qualifications of Applicants or Bidders. An applicant or bidder for a lease is qualified if the applicant or bidder: (a) Is an individual at least nineteen (19) years of age or over; or (b) Is a group, association, or corporation which is authorized to conduct business under the Laws of Alaska; or (c) Is acting as an agent for another and has qualified by filing with the.City Clerk a proper Power of Attorney or a Letter of Authorization, creating such agency. The agent shall represent only one principal, to the exclusion of himself. Section 3. Applications. All applications for lease of lands shall be filed with the City Clerk on forms provided by the City available at the City hall Building. Applications shall be dated on receipt and payment of filing fee. After filing, a maximum of thirty (30) days shall be allowed to complete the application. Filing fees are not refundable. I l i Iv I �. i i 1, i - u _._-,� •' '_. _' _"_. With every application the applicant shall submit a I development plan showing and stating (1) the purpose of the proposed lease, (2) the use, value and nature of improvements to be constructed, (3) the type of construction, (4) the dates construction is estimated to commence and be completed (maximum - of two years), and (5) whether intended use complies with the zoning ordinance and comprehensive plan the City. �p%eA�d The filing Section 4. Ri is Pr or to Leasine. of an application for a lease shall give the applicant no right to a lease or to the use of the land applied for. Section 5. Ptocessine Procedure. (a) Applications shall be forwarded to the Advisory • Planning and Zoning Commission upon receipt. The Advisory Planni and Zoning Commission shall normally consider applications for specific lands on a first-come, first -serve basis. Where there L difficulty in obtaining a perfected application, details as to development plans, etc., then the Advisory Planning and Zoning Commission may, after,due notice to the first applicant, consider - second applicant for the particular lease. -' (b) The City Council shall normally review a lease propos _ only after approval of the Advisory Planning and Zoning Commissic However, appeals of Advisory Planning and Zoning Commission disap may be made to the City Council. Completed, signed leases must l presented within thirty (30) days after approval by the Advisory - Planning and Zoning Commission. I r F — (c) Conceptual applications relative to unplatted land i and/or unreleased lands will also be considered on a first-come, first -serve basis. On approval of concept by the Advisory Planning and Zoning Commission and the City Council, the applicant Is assured the right of first refusal of the lease following the -- determination of a lease rate in accordance with established policy. Section 6. Service by Realtv Firms and Brokers. (a) Realtors shall be entitled to a fee on consumation of such lease. Said fee shall be limited to ten percent (10%) of the first year's lease rate or five percent (5%) of each year for the first five years, at the Broker's option. However, realtors a party to the lease shall not be entitled to a commission. (b) Realtors shall treat any listing as they would any other client in regard to advertising, promotion, etc. (c) Listings -of platted lands available for lease shall be announced and posted publicly. Such announcements shall include F block and lot number, parcel number and any special limitations with - = restrictions as may be imposed by the Advisory Planning and Zoning Commission and City Council. Such restrictions or limitations shall be specific and in addition to zoning restrictions. No lease proposed by an eligible realtor shall be denied if it meets such restrictions, applicable lease rates and zoning requirements in effect at time of application. (d) Unplatted, released Airport lands and unreleased lands shall not be listed with realtors. However, unless positive action has been taken by the Advisory Planning and Zoning Commission and/or ;, the City Council to set aside a certain tract as not available for t a I i lease at that particular time, a realtor may, on behalf of a client, request a lease of such lands. Such a lease request shall be considered as described in the preceding application procedures relating to unplatted, unreleased lands. Normal fees shall be due to the realtor on consumation of such a lease. Section 7. Bidding Procedure. As an exception to general policy listed above, the City Council may designate a specific lot or lots to be made available only for bid. This provision shall apply only when there is no outstanding application pending on the lot or lots. As designated, sealed bids shall be received offering a one time premium in addition to the established lease rate. Highest bid, however, shall be subject to all provisions of review and approval established for all other lease applications. Section S. Principles and Policy of Lease Rates. (a) A fair return to the Airport System is mandated by the terms and conditions of the Quitclaim Deed and appropriate Deeds of Release granting these lands to the Airport System by the Federal government. To insure a fair return, all leases for a period in excess of five years shall include a redetermination clause as of the fifth anniversary of each lease, normally set for the let of July of that fifth year. In pursuing a fair return, all lands for lease shall be appraised prior to lease and again prior to redetermination. Therefore, lease rates shall be based on: r I l e lease at that particular time, a realtor may, on behalf of a client, request a lease of such lands. Such a lease request shall be considered as described in the preceding application procedures relating to unplatted, unreleased lands. Normal fees shall be due to the realtor on consumation of such a lease. Section 7. Bidding Procedure. As an exception to general policy listed above, the City Council may designate a specific lot or lots to be made available only for bid. This provision shall apply only when there is no outstanding application pending on the lot or lots. As designated, sealed bids shall be received offering a one time premium in addition to the established lease rate. Highest bid, however, shall be subject to all provisions of review and approval established for all other lease applications. Section S. Principles and Policy of Lease Rates. (a) A fair return to the Airport System is mandated by the terms and conditions of the Quitclaim Deed and appropriate Deeds of Release granting these lands to the Airport System by the Federal government. To insure a fair return, all leases for a period in excess of five years shall include a redetermination clause as of the fifth anniversary of each lease, normally set for the let of July of that fifth year. In pursuing a fair return, all lands for lease shall be appraised prior to lease and again prior to redetermination. Therefore, lease rates shall be based on: r I l ii (1) Fair market value of the land including an appropriate consideration of facilities and services available (public water, public sewer, storm sewers, and I other public utilities) as determined by two (2) qualified., Independent appraisers considering the best use of the specific land. �,,• (2) The actual rate of return determined to be a fair return to the City shall be set annually in May by resolution of the City Council and shall apply to all leases thereafter requested. (b) Realizing that investors, developers and other potentia' lessees need a reasonable assurance of stability in future lease rates, the redetermination clause of all future leases shall include the following language: "At each five year interval, the fair market value shall be determined by qualified independent appraisers. The redetermined lease rate, annual rent. ueenvvder this provision shall be limited to a 114tIrthirt� 9r—ient (207.) (MO Increase in the prior Lease rate except where there are justifiable increases due to provision of additional services such as public water, -public sanitary sewer, storm sewers, and major improvments in roads." (c) Recognizing that the redetermination procedure provided for above_may be in conflict with the mandate of the quitclaim deed and the several deeds of release, the City Council herein acknowled Its obligation to provide the Airport Fund with those sums which the I a In man I above redetermination policy may cause the Airport Fund to lose. v It is the intent of the Council to provide for such possible shortfall by appropriating up to one mil of revenue from the assessed value of Airport lands. .� ; .. �; r' t,.:r.� :,... 'L:� '1 (d) The redetermination clause limitation outlined in ��, ,•� item 8-b, above, shall not apply to any lease unless at the next preceding redetermination period the lease rate had actually been redetermined. `. ARTICLE II PROVISIONS REQUIRED TO BE INCLUDED IN ALL AIRPORT LAND LEASES Section 1. Responsibility to Proverly Locate on Leased Premises. It shall be the responsibility of the lessee to properly - locate himself and his improvements on the leased land. It shall be unlawful to encroach on other lands of the City, or on lands owned ' `. or leased by another, and violation shall constitute a misdemeanor. �. Section 2. Lease Utilization. Leased lands shall be utilized for purposes within the scope of the application, the terms of the lease, and in conformity with the ordinances of the City and _ Borough, and in substantial conformity with the comprehensive plan. Utilization or development for other than the allowed uses shall constitute a violation of the lease and subject the lease to cancell- ation at any time. Failure to substantially complete the development { plan of the land, consistent with the proposed use and terms of the y lease, shall constitute grounds for cancellation. I I - I s I 1 y a In -- Section 3. Adjustment of Rental. All leases shall contain the agreement of the lessee to a renegotiation of the annual rental payment every fifth year. Section 4. Subleasing,. No lessee may sublease lands or any part thereof leased to him hereunder, without prior Council approval. Subleases shall be in writing, and be subject to the terms and conditions of the original lease. No approval of the City shall be given to the sublease of property until the lessee has substantially complied with the development plan. Section 5. AssiAtiteats. No lessee may assign the lands leased to him without prior Council approval. The assignee shall be subject to all of the provisions of the lease. Any attempted assignment made in violation of this Section shall be void. Section 6. Modification. No lease may be modified orally or in any manner other than by an agreement in writing, signed by all parties in interest or their successors in interest. Any such modification shall require Council approval. Section 7. Cancellation - forfeiture. - (a) Leases in good standing may be cancelled in whole or In part at any time, upon mutual written agreement by lessee and the City Council. (b) Any lease used for unlawful purpose may be cancelled. (c) If the lessee shall default in the performance or observance of any of the lease terms, covenants or stipulations thereto, or of the regulations now or hereafter in force, and should said default continue for thirty (30) calendar days after service of written notice by the City without remedy by lessee of the conditions warranting default, the City shall subject lessee to J P appropriate legal action, including, but not limited to, forfeiture of the lease. No improvements may be removed by lessee or other person during any time the lessee is in default. This provision shall not be construed to prohibit the City from taking any approp- riate legal action, including, but not limited to, forfeiture of the lease, immediately upon the occurrence of a default. Section 8. Notice or Demand. Any notice or demand, which under the terms of a lease or under any statute must be given or made by the parties thereto, shall be in writing, and be given or made by registered or certified mail, addressed to the other party at the address of record. However, either party may designate in writing such new or other address to which such notice or demand shall thereafter be so given; made or mailed. A notice given hereunder shall be deemed delivered when deposited in a U. S. general or branch post office, enclosed in a registered or certified mail prepaid wrapper or envelope, addressed as hereinabove provided. Section 9. Rights of Mortgagee or Lienholder. In the event of cancellation or forfeiture of a lease for cause, the holder of a properly recorded mortgage, conditional assignment or collateral assignment will have the option to acquire the lease for the unexpired term thereof, subject to the same terms and conditions as in the original lease. Section 10. Entry and Re-entrv. In the event that the lease should be terminated as hereinbefore provided; or by summary proceedings or otherwise, or in the event that the demised lands, or any part thereof, should be abandoned by the lessee during the said term, the lessor or its agents, servants, or representative may, immediately or any time thereafter, re-enter and resume possession of said lands I F__ -- r — ­% or such part thereof, and remove all persons and property therefrom, either by summary proceedings or by a suitable action or proceeding at law without being liable for any damages therefor. No re-entry by the lessor shall be deemed an acceptance of a surrender of the lease. Section 11. Forfeiture of Rental. In the event that the lease should be terminated because of any breach by the lessee, as herein provided, the annual rental payment last made by the lessee shall be forfeited and retained by the lessor as partial or total liquidated damages for said breach. Section 12. Written Waiver. The receipt of rent by the lessor with knowledge of any breach of the lease by the lessee, or any default on the part of the lessee in observance or perfor- mance of any of the conditions or covenants of the lease, shall not be deemed to be a waiver of any provision of the lease. No failure on the part of the lessor to enforce any covenant or provision therein contained, nor any waiver of any right thereunder by the lessor, unless in writing, shall discharge or invalidate such covenants or provisions, or affect the right of the lessor to enforce the same in the event of any subsequent breach or default. The receipt, by the lessor, or any rent or any other sum of money after the termination, in any manner, of the term therein demised, or after the giving by the lessor of any notice thereunder to effect such termination, shall not reinstate, continue, or extend the resultant term therein demised, or destroy, or in any manner impair the efficacy of any such notice or termination as may have been given thereunder by the lessor to the lessee prior to the receipt of any such sum of money or other consideration, unless so agreed to in writing and signed by the lessor. 41 - I I Section 13. Expiration of Lease. Unless the le. renewed or sooner terminated as provided herein, the le; peaceably and quietly leave, surrender and yield up unt{ all of the leased land. on or before the last day of the the lease. Section 14. Removal or Reversion of Improvementi Termination of Lease. Improvements owned by a lessee sl sixty (60) calendar days after the termination of the lease be removed by him; provided, such removal will not cause injury or damage to the lands; and further provided, that the City Manager may extend the time for removing such improvements in cases where hardship is proven. The retiring lessee may, with the consent of the Official, sell his improvements to the succeeding lessee. All periods of time granted lessees to remove improvements are subject to said lessees paying to the City pro -rata lease rentals for said period. If any improvements and/or chattels having appraised value in excess of $10,000 as determined by the Assessor, are not removed within the time allowed, such improvements and/or chattels shall upon due notice to the lessee, be sold at public sale under the direction of the City Manager. The proceeds of the sale shall inure to the lessee preceding, if he placed such improvements and/or chattels On the lands, after deducting for the City all rents due and owing and expenses incurred in making such sale. in case there are no other bidders at any such sale, the City Manager is authorized to bid, in the name of the City, on such -improvements, and/or chattels. The bid money shall be taken from the fund to which said lands belong I• . t -f t• !i I { Section 13. Expiration of Lease. Unless the le. renewed or sooner terminated as provided herein, the le; peaceably and quietly leave, surrender and yield up unt{ all of the leased land. on or before the last day of the the lease. Section 14. Removal or Reversion of Improvementi Termination of Lease. Improvements owned by a lessee sl sixty (60) calendar days after the termination of the lease be removed by him; provided, such removal will not cause injury or damage to the lands; and further provided, that the City Manager may extend the time for removing such improvements in cases where hardship is proven. The retiring lessee may, with the consent of the Official, sell his improvements to the succeeding lessee. All periods of time granted lessees to remove improvements are subject to said lessees paying to the City pro -rata lease rentals for said period. If any improvements and/or chattels having appraised value in excess of $10,000 as determined by the Assessor, are not removed within the time allowed, such improvements and/or chattels shall upon due notice to the lessee, be sold at public sale under the direction of the City Manager. The proceeds of the sale shall inure to the lessee preceding, if he placed such improvements and/or chattels On the lands, after deducting for the City all rents due and owing and expenses incurred in making such sale. in case there are no other bidders at any such sale, the City Manager is authorized to bid, in the name of the City, on such -improvements, and/or chattels. The bid money shall be taken from the fund to which said lands belong ►I and the said fund shall receive all monies or other value subsequently derived from the sale or leasing of such improvements and/or chattels. City shall acquire all rights, both legal and equitable, that any other purchaser would acquire by reason of said purchase. If any improvements and/or chattels having appraised value of $10,000 or less, as determined by the Assessor, are not removed within the time allowed, such improvements and/or chattels shall revert to, and absolute title shall vest in the City. Section 15. Rental of Imurovements or'Chattels Not Removed. Any improvements and/or chattels belonging to the lessee or placed on the lease during the lessee's tenure with or without his permission and remaining upon the premises after the termination date of the lease, shall entitle the lessor to charge a reasonable rent therefor. Section 16. Sanitation. The lessee shall comply with all regulations or ordinances of the City which are promulgated for the promotion of sanitation. The premises of the lease shall be kept in a neat, clean and sanitary condition, and every effort shall be made to prevent the pollution of water. Section 17. Building and Zoninst Codes. Leased lands shall be utilized in accordance with the building and zoning ordinances and rules and regulations of said authority. Failure to dQ so shall constitute a violation of the lease. Section IS., Fire Protection. The lessee will take all reasonable precaution to prevent, and take all necessary action to suppress, destructive or uncontrolled grass, brush or other fires on leased lands, and comply with all laws, regulations and rules a a promulgated and enforced by the City for fire protection within the area wherein the leased premises are located, Section 19. inspection. The lessee shall allow authorized representatives of the City to enter the leased land for inspection at any reasonable time. Section 20. Personal Use of Materials. All coal, oil, gas and other minerals and all deposits of stone or gravel valuable fon extraction or utilization and all materials subject to Title 11, Division 1, Chapters 4, 5 and b of the Alaska Administrative Code are excepted from the operation of a surface lease. Specifically, the lessee of the surface rights shall not sell or remove for use elsewhere any timber, stone, gravel, peat moss, topsoil, or any other material valuable for building or commercial purposes; provic however, that material required for the development of the leasehol may be used, if its use is first approved by the City Manager. Section 21. Restrictions and Reservations. The lease shall contain such restrictions and reservations as are necessary to prof the public interest. Section 22. Waste and inlury to Land. If any person shall commit waste or trespass or other injury upon City land, the person so offending, in addition to being civilly liable for any damages caused, shall be deemed guilty of a misdemeanor. Section 23. Warranty,. The City does not warrai7t by its classification or leasing of land that the land is ideally suited for the use authoriaed'under said classification or lease, and no guaranty is given or implied that it shall be profitable to employ land to said use. E a J� I Section 24, Approval of Other Authorities, The issuance by the City of leases does not relieve the grantee or lessee of responsibility of obtaining licenses or permits as may be required by duly authorized Borough, State or Federal agencies. Section 25, Title Restrictions. All leases or sales or property shall be made subject to restrictions and reservations in the patent, deed or other instrument under which the City holds, Section 26. Liability Insurance. 'The lessee shall be required to carry Public Liability Insurance in the minimum amounts of ARTICLE III 61, t avid Vrt i�rc»cwirH► POLICY GOVERNING MODIFICATIONS OF EXISTING LEASES Section 1. General, Leases shall only be modified and then only to that extent deemed to be necessary to protect the public's interest. Section 2, Redetermination Clause, The redetermination .~� clan . ee of existing isting leases may be adjusted on application to include the civase of Article I, Section 8-b, provided the minimum i 4.. insurance coverage clause is also adjusted to -reflect that of Article 12, Section 26, j ARTICLE IV --_ DEFINITIONS - Section 1, .Lease veer is July 1 to June 30. The first lease I year terminates on June 30, regardless of date of inception of the 1 lease. # I r " y I c- t Section 2. Fifth year redetermination date is defined as the fifth anniversary of the 1st of July since inception of the lease. Section 3. Realtors fees shall be paid within thirty (30) days of the inception of the lease and prior to August 1 for the succeeding years as selected by the realtor. Section 4. Perfected application is defined as a plan/plans or written descriptions, terms and conditions which meet all requirements of the zoning and/or special limitations and/or conditions properly adopted by the Advisory Planning and Zoning Commission and/or the City Council as to a specific tract. RESCISSION Section 1. Ordinance No. 258-75 is hereby rescinded In its entirety. DEPARTMENT OF TRANSPORTATION and PUBLIC FACILITIES MAINTENANCE AND OPERATIONS dAY S. #ANNONO, 60YERA 4111 HIM= AV001, POWN 6001 ANNONAB[ !LION (reds 1e-1 March 24, 1978 Mr. John E. Wise City Manager City of Kenai Post Office Box 580 Kenai, Alaska 99611 Dear Mr. Wise: At the personal request of Representative Hugh Malone I dispatched Messrs. Harry Shawback and John Horn, Director and Acting Department of Transportation and Public Facili- ties Maintenance 4 Operations Manager respectively, of the Central Region, to attend your March 15 City Council meeting Their report to me indicates a healthy exchange of views and your appreciation for attendance by those from the State who could talk to the point knowledgeably. We believe all sides of this issue have been aired. It con- tinues to be the position of this writer and the Commissioner that the City of Kenai should be responsible for its own roads. We learn also that a considerable number of ditches have been cut across the pavement to accommodate water and/or sewer lines. These crossings may have been installed without bene- fit of strict codes, and as a result the condition of the pavement has deteriorated significantly. It gives me no personal pleasure to again deny your request. We feel that in constructing the road the State has fulfilled its obligation to your community, and that in turn the com- munity has to assume its share of obligation. j,ames uly ours, • . O'Sullivan Commissioner Maintenance & Operations JFOIS:hj cc: Representative Hugh Malone Donald Harris Commissioner Harry Shawback, Director Central Region, Maintenance $ Operations I I I- 71 t I I- 1o11 11 111116n:�=-_- DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION ALASKAN REGION 6111= SIXTH AVIV ��� A�,� ANCNORACE, ALASKA 99901 �qt �A i4 March 22, 1978 •o � � s 0 Mr. John E. Wise City Manager of Kenai P. 0. Box 580 Kenai, Alaska 99611 Kenai Municipal Airport ADAP 8-02-0142-02 Dear Mr. Wise: On June 25, 1974 the City of Kenai entered into Grant Agreement No. 8-02-0142-02 for the acquisition of Tracts VI, VIII, IX and installation of security fencing. As you are aware Fee Simple Title was acquired in Tracts VI and VIII during 1974, and installation of the security fencing was completed during 1975. Under Part II 7(c) of the project application for the Kenai Municipal Airport a representative for the City of Kenai certified that Tracts VI, VII and IX would be acquired within a reasonable time. Almost four years have passed since the grant agreement for Project No. 8-02-0142-02 was executed. During this period Tract IX has not been acquired nor have condemnation proceedings been initiated by the City of Kenai. As you are aware, prior to issuance of any grants we must review a sponsor's accomplishments at existing projects and ascertain whether or not the sponsor is proceeding in a diligent manner. Please submit to us your schedule for acquiring adequate title to Tract IX. Also, indicate whether you pian to acquire Fee Simple Title through nego- tiation or whether condemnation proceedings will be necessary. :+ In the event you decide acquisition of Tract IX is no longer necessary or acquisition should be delayed, please submit to this office a request, together with sufficient justification, for us to amend your grant agree - want. Should you have any questions please call Clyde Martin at 265-4469. _ S - cer ly, DON GLEN WILCOX �. Chief, Programs Branch Airports Division k-- - --- - - a PRESS RELEASE The City of Kenai is pleased to announce that, as of March 18, 1978, - the City's basic fire rating was upgraded by the insurance rating service from a Class 7 to a Class 6. This improvement in the City's rating should lower the cost of fire insurance for the City. Additionally, the City, by improved internal operations and supervision, , has now been in compliance with federal regulations for several months relative to operation of the sewage treatment plant. Modifications now planned with continued high quality maintenance and supervision should keep the plant in compliance, even with the current growth rate for the near term. Plans for expansion of the treatment plant are continuing with a public hearing in regard to the first phase of such an expansion planned for May 3rd. JOHN E. WISE ►° CITY MANAGER ve .27 ;)WOW -A/ 10-0 � c� y .. is l F S 1 t �M`��1 ,tom-...� .. ,I _• � � - � II P� _ _ __ ._.. March 17, 1978 TO: ALL CITY FROM: JOHN E CITY MANAGER As you We all aware, this is the time of year that we begin work on the budget for the next fiscal year. One of the main concerns, of course, is to make the budget balance so that it is viable in the eyes of the Council, who must reflect the needs and desires of the community. All departments are permitted to request additional positions. However, each and every additional position must be adequately justified. Additionally, of course, departments will be required to justify their :Funding requests for supplies and equipment, capital expenditpres, and a host of other lire items contained in the budget. At this time, I am planning and have directed that.the budget be prepared relative to personnel costs, showing a proposed six percent cost of living increase as well as appropriate step increments in accordance with the - personnel ordinance adopted by Council last year. In effect, I am proposing an 8% percent cash increase in )',O,haarry levels for most employees. There are additional ges to the City which I am sure most of yo4 are aware of, which include the City's contribution to social security and retirement, which have both recently gone up; contributions to unemployment taxes; and contributions to the health plan which are now borne solely by the City. Due to the changes in these - benefit programs, the actual eost.to the City will be considerably more than the $k percent increase recommended, probably in "the range of 10.5 to 12 percent. There has been some comment relative to the adequacy of our benefit pprogram, particularly in the arga or health insurance. i cannot, in good conscience, recommend the It 11 t t - �i � 4111 �� ■ i � s.. -. I n II I�III�� 111 rum I loll IIII I I I L, L`TJ I ' f � salary increase outlined above and also change our City expenditures for benefits except where specifically mandated by law. Changing our health insurance policy to provide greater benefits to the employees and their families will obviously involve increased cost to someone, whether it be to the _.. City or the employees. Therefore, I ask for your consideration as to where you want the additional money. Do you prefer an increase in salaries or do you want the money gut Into improved benefits (for example, improved health insurance coverage). In essence, it is a question of trade-off. Obviously, I cannot guarantee and do not propose to guarantee that the Council will concur with my now proposed recommendation of a six percent cost of living increase and continued step increments. Due to my responsibility as City Manager in preparing the budget, I feel that I cannot recommend increases In both salaries and benefits, which cumulatively l could reach a rather astronomical figura. Essentially, my question to you is: Do you want cash or do you prefer that the cash go into benefits? If ' you prefer benefits, what benefits would you like to see improved? Please submit your comments regarding this matter to me as soon as possible. If you wish, you may simply make a notation at the bottom of this - memorandum and return it to my office. Thank you.' JEW/eh 4 t r I E a V — n April 6, 1978 - Deputy Commissioner James F. O'Sullivan State of Alaska Department of Transportation and Public Facilities Maintenance and Operation 4111 Aviation Avenue Pouch 6900 Anchorage, Alaska Dear Commissioner O'Sullivan; The Council of the City of Kenai has considered your letter of March 24th and the presentatifn of Mr. Shawback and Mr. Horn relative to Homee to Loop and . Beaverloop Road. The action of the Council is indicated In the attached Resolution No. 78-51, which was adopted by the Council on April 5. We offer some specific comments on your letter relative to the cuts in the road which appear to have settled. We would like to point out that all of these cuts were made prior to the construction of the road, when the road was clearly the responsibility of the Department of Transportation and Public Facilities (formerly the Department of Highways). It has been the opinion of the C ity all along, and we believe that it is acknowledged q District Engineer Spake in February 1976, that the road was not being constructed in accordance with generally accepted engineering standards. It appears that the low spots in the road are not subsidence, improper crossings or compaction, but rather the road has otherwsie heaved due to lack of a proper base. There are a number of people living along Forest Drive in particular who can state clearly that proper excavation to non -frost susceptible material was never made and, therefore, the crossings that now appear to be subsidence are not subsidence, but rather the rest of the road has heaved due to the base containing a si nificant amount of frost susceptible material. We would urther like to point out that the City's objection all along has been that the road was not constructed in accordance with generally accepted engineering standards and that there is a liability to the State relative to improper construction. I - - Ten -6x U l bul.l,,vnn April 6, 1978 Fate x I believe the Attorney General's office can identify E w a leading court cane in the state of Utah which 0 indicates that the state is rcnponnible for damage, improper plannin improper conutruction or supervision. This case was rued on by the Suprq►mc Court of the State of Utah and Y believe, as a leading court case, it clarifies a number of issues that we are concerned with here, We would further like to point out that when the State took action internally to remove Forest Drive - Redoubt Avenue from the State maintenance plan, there was no effort made to notify the City of Kenai, Therefore, we were barred from voicing objection at the time of your action and further barred from applying for State revenue sharing funds for that section of road, Again, it is the opinion of the City of Kenai that the State has erred and that Homseite Loop (Forest Drive and Redoubt Avenue) is still properly a responsibility of the State, Sincerely, John E, Wise City Manager JEW/eh I I SUMMAtty - HOUSE 0114L 996 House gill 596 contains thus contribution rate (30% of all mineral lease rentals, royalties, royalty sale proceede, federal mineral revenue sharing payments and 100% of bonus©s received by the State) and the management structure for thus Alaska Permanent Fund. Together with House Bilis 595 (use of earnings) and 682 (renewable resources development fund). House bill $96 is part of An overall concept for handling a Portion of the state's non-renewable resource revenues. House bill 596 creates three things a legislative lnvost- ment Oversight Committee (AS 24), the Alaska permanent Fund Corporation (AS 37) and the Alaska Enterprise investment Corporation (AS 44). INVESTMENT OVERSIGHT CO1liliTTEE The investment Oversiaht Committee (IOC) is a legislative Committee estaoizefteea to monitor but not to manage the activities of the Alaska Permanent Fund Corporation (me), the Alaska Enterprise investment Corporation (AEiC) and all other state agencies which perform lending or investment functions (this includes the Renewable Re ago Development fund and the existing state loan programs among others). ALASKA PERMANENT FOND CORPORATION The Aias)Ca Pe"e„�_st fund Corporation (ApBc) is established to manage the permanent tuna as' a trust fund, it receives five -sixths of the permanent fund money until the second corporation (the Alaska Enterpriss xnvestmont Corporation) receives its 0100 millions then AM receives all permanent fund money. The APFC is managed by a Board of Trustees three persons appointed by the governor ana contsrmea py the legislature for four -Yost terms. They receive no salary, but do get expanses, per diem and $2160 for each meeting day, The trustees are empowered to manage and invest the corporation's assets within the limitations imposed by the bili, The trustees' powers include hiring an executive director and approving staff, as well as contracting for services with private firms. Limitations on the trustees are$ they must manage and invest prudently and maintain a reasonable diversification of investmentst they may -not borrow money or provide loan guarantees from the corporation's prinaipall their invest- ments most be income producing and are limited to government Insured or guaranteed bonds, first mortgages, corporate stocks and bonds or obligations, certificates of deposit and secure, short-term money market instrumental and no mono than -i- Oummary 11D 596 -2- 30,1 of the Corporation's money can be invooted in stocks- ` `he corporation is subject to public reporting requirements I and external audit. THE ALASKA ENTERPRISE INVOSTMENT CORPORATION (ASIC) The AlasM Enterfox$00 Investment Corvoration (ALIO:) ie 008antially a development bank. It receives one-sixth of tho permanent fund money up to 0100 million. The ASIC is an independent, non-taxable public corporation managed by a seven-momber policy board. Ono member of the board is appointed by the governor from the executive branch. The other six are appointed by the governor and confirw d by the legislature from the general public. The public members are unsalaried, part-time and serve four-year terms 0 The Policy Board is empowered to appoint a corporation president and members of the Investment Committee, not policy for the ASIC within the limitations of the bili and monitor the corporation's plans and performance. Tho President is empowered to hire and fire staff and serve at a momder of the Investment Committee. He is responsible to the Policy Board for the corporation's performance. Tho other four members of the Investment Committee are full time, salarieA and serve four-year terms. Tne Investment Committee has sole authority to approve investment proposals. ' The corporation's 9 woome is to provide money to financially i sound small and ms um scale productive private enterprises �.... And community development projects (any project over fig million requires legislative approval). In doing so, it may borrow up to 0100 million, provide various types of financial aneistance, including guarantees, loans and purchase of up t0 2S percent of a project. up to 50% of its money may be used for private enterprisesf up to 50S may be used for cotmmunity development projects. - The Corporation is subject to public reporting requirements and external audit. ----.- ThO _#souse. Special committee's bill establishes the permanent fund as a trust to preserve the fund's principal and produce earnings from secure investments. One hundred million dollars plus additional leveraged money is specified to fill capital gapb• on an incsemb- producing basis. Both corporations are insulated from politics in their day -e to-4ay operations but are subject to lona-range policy t decisiono mado by the public through the legislative and oxQcutivo branches of state government. »00000-- W -_ 1 r {- --,V- Original -7 Original sponsor: 3 Lal Committee on the Offered: 3/21/78 Alaska Permanent Fund Referred: Rules o'IN THE HOUSE BY THE PINANCE COMMITT CS FOR HOUSE BILL NO. 596 (Finance) s IN THE LEGISLATURE OF THE STATE OF ALASKA TRUTH LEGISLATURE - SECOND SESSION A BILL for an Act entitleds "An Act relating to nonrenewable resource revenues legislative oversight; and providing for an effect date." ;s BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA; sn * Section 1. AS 24.20 is amended by adding new sections to read: to ARTICLE IV. INVESTMENT OVERSIGHT comITTEE. s, Sec. 24.20.600. INVESTMENT OVERSIGHT COMMITTEE ESTABLISHED. s;, Investment Oversight Committee is established as a permanent inter! 14 committee of the legislature. The establishment of the committee r___„ nixes the need of the legislature for technical review and oversight of p� the perfmance of all agencies of the state which perform lending or s, investment functions. �8 Sec. 24.20.630. FINDINGS. The legislature finds that there is a 141 substantial need for oversight of the performance of all agencies of the r, state which perform lending or investment functions since these funetionfil JFI do not receive the detailed review to which other expenditures of public 71 money are subject, and therefore the knowledge necessary for sound legislation in this area is not readily available. There is a need for legislative oversight which will provide information on the policy and 71, performance of these agencies, the extent to which the agencies conform ni to statutory intent, and the impact of their performance on the economy Y/ and treasury. 20 Sec. 24.20.620. PURPOSES. The purposes of the committee are to ,- (1) monitor and report -1- CSRB 596(Finance) F a l . r: t K — t r f {- --,V- Original -7 Original sponsor: 3 Lal Committee on the Offered: 3/21/78 Alaska Permanent Fund Referred: Rules o'IN THE HOUSE BY THE PINANCE COMMITT CS FOR HOUSE BILL NO. 596 (Finance) s IN THE LEGISLATURE OF THE STATE OF ALASKA TRUTH LEGISLATURE - SECOND SESSION A BILL for an Act entitleds "An Act relating to nonrenewable resource revenues legislative oversight; and providing for an effect date." ;s BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA; sn * Section 1. AS 24.20 is amended by adding new sections to read: to ARTICLE IV. INVESTMENT OVERSIGHT comITTEE. s, Sec. 24.20.600. INVESTMENT OVERSIGHT COMMITTEE ESTABLISHED. s;, Investment Oversight Committee is established as a permanent inter! 14 committee of the legislature. The establishment of the committee r___„ nixes the need of the legislature for technical review and oversight of p� the perfmance of all agencies of the state which perform lending or s, investment functions. �8 Sec. 24.20.630. FINDINGS. The legislature finds that there is a 141 substantial need for oversight of the performance of all agencies of the r, state which perform lending or investment functions since these funetionfil JFI do not receive the detailed review to which other expenditures of public 71 money are subject, and therefore the knowledge necessary for sound legislation in this area is not readily available. There is a need for legislative oversight which will provide information on the policy and 71, performance of these agencies, the extent to which the agencies conform ni to statutory intent, and the impact of their performance on the economy Y/ and treasury. 20 Sec. 24.20.620. PURPOSES. The purposes of the committee are to ,- (1) monitor and report -1- CSRB 596(Finance) V- w - (A) the performance of the agencies of the state which perform lending or investment functions, (B) the extent to Which the performance of these agen- cies has contributed to the fiscal, financial, economic and social improvement of the state and its citizens, (C) the extent to Which these agencies and the executive have prepared and coordinated short and long term economic, fiscal, investment and financial planning; (2) hold these agencies accountable to statutory intent in their performance by recommending, where appropriate, changes in policy to the agencies or changes in legislation to the legislature; (3) annually review the extent of capitalization of the investment funds of the state and alternative investment policy for the general fund surplus and recommend needed legislation. Sec. 24.20.630. MEMBERSHIP. The committee is composed of eight members: the president of the senate, the speaker of the house, and three members appointed from each house by the respective presiding officer. The membership from each house shall include at least one member from each of the two major political parties. The committee shall select its own chairman. Sec. 24.20.640. TERM OF MMIBERSHIP. (a) The committee shall be organized within 15 days after the organization of each legislature. Members serve for the duration of the legislature during which they are appointed. tf_a member is reelected or his term of office extends into the next succeeding legislature, he continues to serve until reappointed or the appointment of his successor. (b) When a member of the committee files a declaration of candi- dacy for an elective office other than that of member of either house of the legislature, and he has not resigned from membership on the cow- COBB 596(Finance) -2- IL I. mitts, his committee membership terminates an the date of filing. Sac. 24.20.650. VACANCIES. When a vacancy occurs in the statutory 3 or appointive membership of the committee, the presiding officer of the C house incurring the vacancy shall choose a successor. If the office of r. the president of the senate or speaker of the house of representatives if become vacant and a vacancy from the affected house occurs among the membership of the committee, the remaining committee members from the " - p house incurring the vacancy shall appoint a new member. 9 Sec. 24.20.660. MEETINGS. The Committee may most during sessions its of the legislature and during the interim between sessions at such time and places in the state as the chairman may determine. Members may 19 receive, for the minimum time required to get to and from meetings and ' UP for the period while attending meetings, the same travel and per diem 14 allowances provided by law for members of the legislature when attending r Is sessions, except that members of the committee receive no per diem nuc during legislative sessions other than the per diem allowance paid to other members of the legislature. Sec. 24.20.670. POWERS,. The committee has the power to 19 (1) organize, adopt rules for the conduct of its business, i r _ �o and prescribe procedures for the comprehensive fiscal analysis, budget review and post -audit functions of those agencies of the state which perforts lending or investment functions; ?: •r.+ (2) hold public hearings, administer oaths, issue subpoenas, za compel the attendance of witnesses and production of papers, books, accounts, documents and testimony, and have the deposition of witnesses - - — taken in a manner prescribed by court rule or law for taking depositions ri in civil action t 28 (3) require all state officials and agencies of state govern - 6", 2@„ =ant to give full cooperation to the committee or its staff in aseem- -3- CSHB 596(finance) L _ j a r I,1 i bling and furnishing requested information; (4) hold public hearings relating to the confirmation Board of Trustees of the Alaska Permanent Fund Corporation, the 1 Trustees of the Alaska Renewable Resources Corporation, and the I Enterprise Investment Corporation Policy Board; (5) prepare and distribute reports, memoranda, or oths necessary materials; (6) make recommendations concerning the structure and in$ practices of all agencies of the state whish perform lending investment functions; (7) receive and review reports and post -audit analyses ducted by the Legislative Budget and Audit Committee relating to agencies of the state which perform lending or investment functic (8) enter into and enforce all contracts uecessary or ble for the functions of the committee. Sec. 24.20.680. STAFF. The ligislative audit division and legislative finance division shall provide audits, reports and an requested by the committee. The committee may hire and determine salary of the staff it considers necessary within the limit of tl budget approved by the legislature. See. 24.20.690. DUTIES. The committee shall (1) report to the legislature its recommendations cele the confirmation of suggested appointees to the Alaska Permanent Corporation Board of Trustees, the Board of Trustees of the AlsO Renewable Resources Corporation, and the Alaska Enterprise Investment Corporation -Policy Board; (2) annually review the long-range operating plans of all agencies of the state which perform lending or investment functions; (3) review periodic reports from all agencies of the state COBS 596(Finance) -4- T - - . - r - - --% + which perform lending or investment functions; f (4) present a complete report of investment programs, plans, �! performance, and policies of all agencies of the state which perform +� lending or investment functions to the legislature within 30 days after !•• the convening of each regular session; + ( (5) present to the legislature within 30 days after the con- vening of each regular session a review of the report of the governor ++ under AS 37.09.020(b) with recommendations for any needed legislation; '+ (6) in conjunction with the finance committee of each house ++� recommend annually to the legislature the investment policy for the it general fund surplus and the income from the permanent fund; +7 (7) provide for an annual post audit and annual operational 17 and performance evaluation of the Alaska Permanent Fund Corporation In - 14 vestments and investment programs. N Sec. 24.20.700, RECORDS. The committee shall keep a complete file ++$ of all reports presented to it and all reports presented by it to the legislature or any legislative committee. �K * Sec. 2. AS 37.07.020 is amended by adding a new subsection to read: �++ (b) The governor shall annually, before the convening of the �+ legislature, report to the legislature through the investment Oversight 71 Committee the long-range fiscal and economic consequences of 77 (1) alternate levels of capitalization of the investment 7'+ funds of the state; and 14 (2) alternative investment policy for the general fund sur. A plus. n; * Sec. 3. AS 37 is amended by adding a new chapter to read: 7� CHAPTER 13. ALASKA PERMANENT FUND. Sec. 37.13.010. ALASKA PERMANENT FUND. Under art IX, sec. 15 of pt. the state constitution, there is established as a separate fund the .5• CSHB 596(Finance) Alaska permanent fund. The permanent fund consists of 100 per cent of mineral lease bonuses after deduction of any amounts allocated to the Alaska Native Fused under the Alaska Native Claims Settlement Act and implementing state legislation and any amounts allocated by law to the Alaska renewable resources development fund and 30 per cent of all mineral lease rentals, royalties, royalty sale proceeds, and federal mineral revenue sharing payments received by the state and any other money allocated by law or appropriated to the principal of the fund which shall be paid to the Alaska Permanent Fund Corporation at least once each month. Managemeeet of the permanent fund is performed by (1) the Alaska Permanent Fund Corporation established in this chapter to which five-sixtfes of the receipts from these sources is allocated and (2) the Alaska Enterprise investment Corporation established in AS 44.55 to which one-sixth of the receipts from these sources is allocated until the amount so allocated reaches the sum of $100,000,000. Thereafter the total receipts from these sources is allocated to the Alaska Permanent Fund Corporation. Sec. 37.13.020. FINDINGS. The people of the state, by constitu- tional amendment, have required the placement of at least 25 per cent of all mineral lease rentals, royalties, royalty sale proceeds, and federal mineral revenue sharing payments and bonuses received by the state into a permanent fund. 'The legislature finds with respect to the Alaska Permanent Fuad Corporation that (1) the corporation should provide a means of conserving a portion of the state's revenues from mineral resources to the ultimate benefit of future generations of Alaskans; (2) tete corporation's primary goal should be to maximize total return while maintaining.safety of principal; (3) thi corporation should be used as a savings device CONS 596(finance) •6 - Un T_ r - ! -- 1 managed to allow the maximum use of disposable income from the corpora - W] tion as needed for purposes designated by law. Jl Sec. 37.13.030. PURPOSE. It is theose of this chapter to PSP P 4' provide a machamiss for the management and investment of those permanent �. fund assets allocated to the -Alaska Permanent Fund Corporation in a li manner consistent with the findings established in sec. ZO of this chapter. b Sec. 37.13.040. ALASKA PERMANENT FUND CORPORATION. There is •,. established the Alaska Permanent Fund Corporation. The corporation is a 10 public corporation and government instrumentality in the Department of Revenue managed by a board of trustees but has a legal existence Inds - pendent of and separate from the state. The purpose of the board is to ; i manage and invest the assets of the corporation in accordance with this 14 chapter. 16 Sec. 37.13.050. COMPOSITION OF BOARD OF TRUSTEES. (a) The board us of trustees consists of three members appointed by the governor and i� confirmed by a majority of the members of the legislature in joint iH session. �1 (b) The board shall annually elect a chairman from among its in members. ?t Sec. 37.13.060. TERM OF OFFICE. The members of the board shall be appointed for terms of four years, and they may be reAppoieted. Terms J:i shall be staggered. Initial terms shall be one member serving for two 14 years, one umber serving for three years, and one umber serving for r, four years. rf Sec. 37.13.070. REMOVAL AND VACANCIES. (a) The governor may ai remove a trustee from office by and with the consent of a majority of the members of the legislature in joint session. A removal by the �@. governor shall be in writing and state the reason for removal. if the -7- CORS 596(Finance) j� i IJ legislature is not in session, the governor may suspend a member of the board. Upon suspension, a vacancy is not created but the trustee may not participate in board business and may not be counted for purposes a of establishing a quorum. The joint session shall be held within to 30 days from the date of removal if the removal occurs while the legislature is in session or within 30 days of convening of the legis- - 1 laturs if the legislature is not in session. If the legislature refuses to consent to his removal, the trustee shall be reinstated to his position. ui (b) A vacancy on the board shall be promptly filled by appointment by the governor and confirmation by a majority of the members of the legislature in joint session, and aq appointee to fill a vacancy shall hold office for the balance of the term for which his predecessor on the 14 board was appointed. if a vacancy arises on the board while the legis - III I:, lature is not in session, the governor may appoint an interim trustee 1r; who shall exercise all powers of a permanent trustee until such time as » the legislature in joint session fails to confirm the interim trustee's �p appointment. (c) A vacancy on the board does not impair the authority of a quorum of the board to exercise all the powers and perform all the duties of the board. ,= n Sec. 37.13.080. QUALIFICATIONS OF TRUSTEN. (a) No trustee may 7:1 be appointed to the board who has not been a resident of the state for 24 at least three years. 2b (b) No member of the board may hold any other state or federal -` Ze office, position or employment, either elective or appointive, except as a member of the armed forces of the United States or of this state. f- (c) At least one member of the board shall have recognized ra competence and wide experience in finance, investments, or other busi- ~� CM 596(Finance) -8- r - 0 T- - I nese management -related field. No two members may be appointed to the If board who share substantially similar professional or occupational 3 backgrounds. Sec. 37.13.090. QUORUM. Two members of the board constitute a quorum for the transaction of business and the exercise of the powers r► and duties of the board. Sec. 37.13.100. COMPENSATION OF TRUSTEES. Trustees receive an honorarium of $250 for each meeting day if they attend the meeting and are entitled to per diem and travel allowances as provided by law for ,i, members of state boards and commissions. 11 Sec. 37.13.110. EMPL07tHW OF PERSONNEL. The board may employ and 17 determine the salary of an executive director. The executive director 13 may, With the approval of the board, select and employ additional staff 14 as necessary. No employee of the corporation, including the executive M director, may be a trustee. The executive director and all other 1s employees of the board are in the exempt service under AS 39.25. 1, See. 37.13.120. CONFLICTS OF INTEREST. (a) Trustees are subject iH to the provisions of AS 39.50. 1�1 (b) If a member or employee acquires, owns or controls an in - 111 terest, direct or indirect, in an entity or project in which corporation Y1 assets are invested, he shall Immediately disclose the interest to the board. The disclosure is a scatter of public record and shall be In - :03 cluded in the minutes of the board meeting next following the disclo- ?1 sure. ZF Sec. 37.13.130. POWERS AND DUTIES. (a) The prudent -man rule is zs applicable to the board in the management and investment of permanent ?, fund assets. The prudent -man rule as applied to investments of the 28 corporation means that in making investments the board shall exercise 2t the judgment and care under the circumstances then prevailing which an -9- CSHB 596(Finance) I 7 01 I institutional investor of ordinary prudence, discretion, and intel- ligence exercises in the management of large investments entrusted to it not in regard to speculation but in regard to the permanent disposition e of funds, considering the probable income from thew as well as probable �. safety of capital. t. (b) The corporation assets may only be used for income-producing �# investments. (c) The board shall seek to maintain a reasonable diversification among corporation investments unless under the circumstances it is i clearly prudent not to do to. (d) The board shall submit long-range and quarterly investment i I f � C i it (e) The corporation may not borrow funds or guarantee from princi- I institutional investor of ordinary prudence, discretion, and intel- ligence exercises in the management of large investments entrusted to it not in regard to speculation but in regard to the permanent disposition e of funds, considering the probable income from thew as well as probable �. safety of capital. t. (b) The corporation assets may only be used for income-producing �# investments. (c) The board shall seek to maintain a reasonable diversification among corporation investments unless under the circumstances it is in clearly prudent not to do to. (d) The board shall submit long-range and quarterly investment i. reports to the investment oversight Committee. it (e) The corporation may not borrow funds or guarantee from princi- 14 pal of the fund the obligations of others. is (f) The board may enter into and enforce all contracts necessary, in convenient or desirable for purposes of the corporation except it may not contract with agencies or departments of the state to recommend or select investments. i!r {g) Subject to (a) and (b) of this section, the board may invest r= n� corporation assets in obligations of, or obligations insured or guaran- teed by, the United States or agencies or instrumentalities of the i! United States; loans secured by first time on unencumbered realty or leaseholds: corporate securities which under the Securities Act of 1933 are freely marketable; and short-term investments which meet the require• ....%1., menta of (a) and (b) of this section except for the terse of the invest• menta . (1) No portion of the assets of the fund may be used in the i V purchase of stock of any corporation which is not paying dividends on eL that stock in crash at the time of purchase; nor in the purchase of bonds { CORS 596(Finance) .10- ! a a: q •. r � _t t E 0 r f - T y — r — —, t �i it a i of any corporation, upon which any regular interest payment has been �1 defaulted at any time within five years before purchase, except bonds r + never in default but which have been outstanding for less than five 1; years. +I (2) No portion of the assets of the corporation may be used in the purchase of stock if immediately following the purchase the proportionate market value of all stocks held by the corporation would if! exceed 30 per cent of the corporation's assets. � (h) The board shall establish and from time to time as necessary i• jfln modify guidelines for the investment of the corporation's assets. Before adoption of any guidelines the guidelines shall be reported to X71 the Investment Oversight Committee for review and comment. (i) Nothing in this section may be interpreted to preclude in - 141 state investments that have a risk level and expected yield comparable �ti� to alternative investment opportunities. lei Sec. 37.13.140. GAINS AND LOSSES. At the end of each fiscal year, W the total amount of losses on the sales of securities, not offset by In gains on the sales of securities during that year; shall be computed, 19 with a portion of these losses to be deducted each fiscal year from the M interest and dividend income and the resulting amount of interest and 21 dividend Income added to the principal of the fund. Losses taken on the sales of bonds shall be accumulated over a period equal to the average 731 remaining life of the bonds sold, and losses taken on the sales of 74 stocks shall be accumulated within a period of five years, unless these losses are offset by gains on future sales of securities. in any fiscal 20 year in which the gains on the sales of securities exceed the losses on 71 the sales of securities, the excess shall be added to the principal of 211 the fund. .I2 Sec. 37.13.150. INCOME. The interest and dividends received in a -11- CSHB 596(Finance) f c- t. I V --V • IIYI'�— — X1111 ■1111 1111 1L 1111 I_ is Ssi+•--:-3""' fy" 46 year are the income of the corporation for that year. The income avail- able for disbursement shall be determined on an averaging basis. For s the first five years, income will be the simple averaging of the annual I 4 current return at cost. Subsequently, there will be a moving average current return, in which the latest fiscal year will replace the oldest year. The income available for disbursement will be the leaser of the latest fiscal year's income, or the average annual current income for e the past five fiscal years of the fund at cost, and after adjustment for h capital losses charged to that fiscal year. is Sec. 37.13.155. MORTGAGE LOSS RESERVE ACCOUNT. The board may . establish a mortgage loss reserve account for the purpose of protecting 17 the financial integrity of the fund. 13 Sec. 37.13.160. BOARD BUDGET. The board's operating budget is -; 14 from the general fund and is subject to the Executive Budget Act (AS Is 37.07). i - 10 Sec. 37.13.170. AUDITS. The Investment Oversight Committee shall �...:.._:. 1, provide for an annual post audit and annual operational and performance /s evaluations of the corporation's investments and investment programs. 111 Sec. 37.13.180. REPORTS AND PUBLICATIONS. No later than Septem- )u bar 30 of each year, the board shall publish a report to the governor, " ?1 legislature, and the public in easily understandable language. Each report must include financial statements audited by independent outside auditors, a statement of the amount of money received by the permanent 14 fund from each investment during the period covered, a statement of n, corporation investments including an appraisal at market value, a do - :41 scription of corporation investment activity during the period covered H by the report, a comparison of the corporation performance with the 20 intended goals contained in sec. 20 of this chapter, an examination of Zp, the impact of the investment criteria of this chapter on the corporation CORD 596(Finance) -12- 46 portfolio with recommendations of any needed changes and any other 2 information the board believes would be of interest to the governor, the .+ legislature, and the public. The annual income statement and balance 4 sheet of the corporation shall be published in at least one newspaper in each judicial district. The income statement and balance sheet for the two fiscal years preceding the publication of the election pamphlet under AS 15.57 shall be included in that pamphlet. The board may also +s publish other reports it considers desirable to carry out its purpose. � Sec. 37.13.190. TAX EXEMION. The corporation is exempt from all taxes and assessments in the state. All security instruments issued by It the corporation, their transfer, and their income are exempt from all 17 taxes and assessments in the state. 13 Sec. 37.13.200. POLITICAL ACTIVITIES. The members of the board of 14 trustees and employees of the corporation may not engage in partisan 1!, political activities. The resources of the corporation may not be used �s to finance any partisan political activities. i� Sec. 37.13.210. PUBLIC ACCESS TO INFORMMATION. Information in the Is possession of the corporation is a public record, except that infor- tU mation which discloses the particulars of the business or affairs of a zu private enterprise or investor is confidential and is not a public 71 record. Confidential information may be disclosed only for the purposes i7 of an official law enforcement investigation or when its production is 73 required in a court proceeding. Thede restrictions do not prohibit the 24 publication of statistics presented in a manner that prevents the Iden - AN tification of particular reports, items, persons, or enterprises. 70 * Sec. 4. AS 44 is amended by adding a new chapter to reads 27 CHAPTER 55. THE ALASKA ENTERPRISE INVESTMENT CORPORATION. za Sec. 44.55.010. CREATION OF CORPORATION; FUNDING. (a) There is A created the Alaska Enterprise Investment Corporation. The corporation -13- CSHB 596(Finance) is a public corporation and government instrumentality in the Department of Revenue but has legal existence independent of And separate from the state. The exercise by the corporation of the powers conferred by this chapter is considered an essential governmental function of the state. �.� (b) One-sixth of the receipts of all mineral lease rentals, roy-alties. royalty sale proceeds, and federal mineral revenue sharing pay- +} mento and bonuses allocated to the Alaska permanent fund shall be paid s, by the Alaska Permanent Fund Corporation directly into the Alaska 9 Enterprise Investment Corporation until a total of $100,000,000 has been Its paid in. The amount paid into the Alaska Enterprise Investment Corpora - to tion under this subsection is the paid -in capital of the corporation. V Sec. 44.55.020. FINDINGS. The legislature finds 13 (1) that investment in financially sound small and medium 14 scale (A) productive private enterprises and (B) community development l5 projects in the state, for which sufficient capital is not available 16 from other sources on reasonable terms, is of benefit to the citizens of the state; is (2) there is a shortage of investment capital available from in other sources on reasonable terms for financially sound small and medium 'its scale productive private enterprise and community development projects; :•� (3) that the corporation working with private financial institutions to supplement but not supplant their services can help to .3 alleviate this shortage. f.. Sec. 44.55.030. PURPOSE. The purpose of the corporation is to provide capital at market rates and terms which are not available from 70 other sources on reasonable terms for small and medium scale productive ,i private enterprises and community development projects. .n► Sec. 44.55.040. ALASKA ENTERPRISE INVESTMENT CORPORATION POLICY lit BOARD. (a) There is established the Alaska Enterprise investment CONS 596(Finance) -14- a d ;s u• u �y �.s 14 P. us v ur lot Ns 74 !i it, .V. Corporation Policy Board consisting of a person employed in the execu- tive branch of state government appointed by the governor and six public members appointed by the governor with due regard for geographical representation and confirmed by a majority of the members of the legia- lature in joint session. At least two of the public members shall have recognized competency and wide experience in investment and finance. No public member may be appointed to the board who has not been a resident of the state for at least three years. The board shall elect one of the public members as chairman and other officers they determine desirable. (b) The six public members shall serve for four-year terms, and they may be reappointed. Terms shall be staggered. Initial terms shall be two members serving for two years, two members serving for three years, and two members serving for four years. A member continues to serve until his successor is appointed and confirmed. (c) A majority of the policy board members constitutes a quorum for the transaction of business by the board. Decisions of the board shall be taken by a majority vote. The board shall hold at least one public meeting each year. (d) Public members of the policy board receive an honorarium of $250 for each meeting day if they attend the meeting and are entitled to per diem and travel allowances as provided by law for members of state boards and commissions. Sec. 44.55.050. REMOVAL AND VACANCIES ON BOARD. (a) The governor may remove a policy board member from office by and with the consent of a majority of the members of the legislature in joint session. The Joint session shall be held within 10 days from the date of removal if the removal occurs while the legislature is in session or within 30 days of convening of the legislature if the member was suspended. If the legislature is not in session, the governor may suspend a member of the -15- CSKB 596(finance) t t` r ' F policy board for cause. Upon suspension, a vacancy is not created but • a board member may not participate in policy board business and may not t be counted for purposes of establishing a quorum. If the legislature i refuses to consent to his removal, the member shall be reinstated to his position. �. (b) A ve•ancy arising on the policy board shall be promptly filled by appointment by the governor and confirmation by a majority of the 4 members of the legislature in joint session, and an appointee to fill a 11 vacancy shall hold office for the balance of the term for which his III predecessor on the board was appointed. If a vacancy arises on the 11 board while the legislature is not in session, the governor may appoint ;•, an interim board member who shall exercise all powers of a permanent 13 board member until ouch time as the legislature in joint session fails 14 to confirm the interim member's appointment. IS (c) A vacancy on the policy board does not impair the authority of 16 a quorums of the board to exercise all the powers and perform all the I/ duties of the board. ss Sec. 44.55.060. DUTIES OF THE POLICY BOARD. The policy board shall (1) select and appoint the president and other members At of the Investment Committee established in sec. 80 of this chapter; (2) annually review and approve long-range operating plans, 27 the budget for the forthcoming year, and the financial plan for the 1.1 following years; 74 (3) have responsibility on behalf of the corporation for 2h relations with the general public, legislature, executive branch, local communities, and interest groups concerning all things excepting only those matters that are the responsibility of the Investment Committee; 's (4) review quarterly reports from the investment Committee !� concerning investment decisions and investment supervision, but the COBB 596(Finance) .i6. I, I In I 11 11 1 1.1 I, board may not impose an investment decision upon, or override an Invest- ment decision of, the Investment Committee; (5) review, consider and approve policies; (6) establish an audit committee which shall select inde- pendent outside auditors, and receive all audit reports. Sec. 44.55.070. PRESIDENT. The president of the corporation is appointed by the policy board for a term of four years, may be reap- pointed, and serves at the pleasure of the policy board. The salary of the president is set at the discretion of the policy board; but may not be set below that of the highest paid member of the investment Commit- tee. The president shall (1) have sole responsibility for presenting investment pro- posals to the Investment Committee; (2) be responsible for the ordinary business of the corpo- ration and the organization, appointment, dismissal, and remuneration of the officers and staff; (3) be responsible for making investments in investment grade securities, subject to review by the Investment Committee; (4) establish and maintain adequate and appropriate organi- zational, operating and financial controls. Sec. 44.55.080. INVESTMENT COMMITTEE. (a) There is established the Investment Committee, consisting of the president and four members appointed by the policy board. No member of the policy board may be a member of the committee. Members of the committee shall be persons of recognized competence and wide experience in investments, finance, and other business management -related fields. No member may be appointed to the committee who has not been a resident of the state for at least three years. A member may be reappointed and continue to serve until his successor is appointed. The president and members shall serve for -17- CSHB 596(8lnance) a 1'I k� -• 1l "� 71 t , LL 6 ' I: board may not impose an investment decision upon, or override an Invest- ment decision of, the Investment Committee; (5) review, consider and approve policies; (6) establish an audit committee which shall select inde- pendent outside auditors, and receive all audit reports. Sec. 44.55.070. PRESIDENT. The president of the corporation is appointed by the policy board for a term of four years, may be reap- pointed, and serves at the pleasure of the policy board. The salary of the president is set at the discretion of the policy board; but may not be set below that of the highest paid member of the investment Commit- tee. The president shall (1) have sole responsibility for presenting investment pro- posals to the Investment Committee; (2) be responsible for the ordinary business of the corpo- ration and the organization, appointment, dismissal, and remuneration of the officers and staff; (3) be responsible for making investments in investment grade securities, subject to review by the Investment Committee; (4) establish and maintain adequate and appropriate organi- zational, operating and financial controls. Sec. 44.55.080. INVESTMENT COMMITTEE. (a) There is established the Investment Committee, consisting of the president and four members appointed by the policy board. No member of the policy board may be a member of the committee. Members of the committee shall be persons of recognized competence and wide experience in investments, finance, and other business management -related fields. No member may be appointed to the committee who has not been a resident of the state for at least three years. A member may be reappointed and continue to serve until his successor is appointed. The president and members shall serve for -17- CSHB 596(8lnance) a . i I I I II ����, II ��� Il���ii,snnwi• a,a++.4._.,.r� �w� ewwr-+��� four-year terms. Terms shall be staggered. Initial terms shall be one member serving for one year, one member serving for two years, one member serving for three years, and one member and the president serving for four years. (b) Three members of the committee constitute a quorum. Decisions of the committee shall be taken by majority vote. (c) Members of the committee other then the president receive an annual salary in the amount set by the policy board. Sec. 44.55.090. DUTIES OF TNM COMMITTEE. The committee has sole responsibility to approve all investment proposals regarding productive private enterprises and community development projects in the state, and review all investments in investment grade securities. Sec. 44.55.100. BUDGET. The corporation operating budget is from the general fund and is subject to the provisions of the Executive Budget Act (AS 37.07). Sec. 44.55.110. PERSONNEL OF CORPORATION. Policy board members, committee members, and officers and staff of the corporation are in the exempt service under AS 39.25. Sec. 44.55.120. POWERS OF THE CORPORATION. (a) In carrying out the corporate purposes of the corporation, the policy board has power to (1) adopt, atter and use a corporate seal; (2) prescribe, adopt, amend, and repeal bylaws; (3) sue and be sued in the name of the corporation; (4) borrow funds, and in that connection furnish such collat- eral or other security as it determines, except that corporation borrow- ing may not exceed its paid -in capital; (5) guarantee obligations of another corporation or legal entity in order to facilitate their sale; (6) enter into agreements necessary or convenient in the CSHB 596(Finance) F exercise of its powers and functions; (7) acquire, hold, use, lease, sell or otherwise dispose of property of any kind, real, personal or mixed, or any interest in it; (8) contract with state, federal and other agencies to develop needed information and analyses; (9) do all acts and things necessary, convenient or desisg..+le to carry out the powers granted or implied in this chapter. (b) In carrying out the corporate purposes of the corporation, the committee has the power to (1) invest, as it considers appropriate, by purchasing the capital stock of, or lending,money to, projects, except that any invest-' went in the capital stock of or other ownership interest in a project may not exceed 25 per cent of the capital stock of, or other ownership Interest in, the project, and no loan or other investment in the project - by the corporation rosy exceed 90 per cent of the cost of the project unless, -in the judgment of the committee, additional amounts must be loaned to protect the interests of the investment fund; (2) deposit or invest surplus funds through the Alaska Perms nest Fund Corporation in such obligations as the committee may determine (3) buy and sell securities the corporation has issued or guaranteed or in which it has invested; (4) do all acts and things necessary, convenient or desirable to carry out the powers granted or implied in this chapter. Sec, 44.55.125. IMSTHIIiTS. (a) In making investments, the committee and staff shall exercise the judgment and care under the circumstances then prevailing which a person of ordinary prudence, discretion, and intelligence exercises in the management of his own affairs taking into consideration the probable income from the invest- ments as well as probable safety of principal. -19- CSHB 596(Finance) A A u, tt ,... 14 ► 16 � u it{ 111 4 WI - 71 t y 29.. C. 1 [ i r � 1 exercise of its powers and functions; (7) acquire, hold, use, lease, sell or otherwise dispose of property of any kind, real, personal or mixed, or any interest in it; (8) contract with state, federal and other agencies to develop needed information and analyses; (9) do all acts and things necessary, convenient or desisg..+le to carry out the powers granted or implied in this chapter. (b) In carrying out the corporate purposes of the corporation, the committee has the power to (1) invest, as it considers appropriate, by purchasing the capital stock of, or lending,money to, projects, except that any invest-' went in the capital stock of or other ownership interest in a project may not exceed 25 per cent of the capital stock of, or other ownership Interest in, the project, and no loan or other investment in the project - by the corporation rosy exceed 90 per cent of the cost of the project unless, -in the judgment of the committee, additional amounts must be loaned to protect the interests of the investment fund; (2) deposit or invest surplus funds through the Alaska Perms nest Fund Corporation in such obligations as the committee may determine (3) buy and sell securities the corporation has issued or guaranteed or in which it has invested; (4) do all acts and things necessary, convenient or desirable to carry out the powers granted or implied in this chapter. Sec, 44.55.125. IMSTHIIiTS. (a) In making investments, the committee and staff shall exercise the judgment and care under the circumstances then prevailing which a person of ordinary prudence, discretion, and intelligence exercises in the management of his own affairs taking into consideration the probable income from the invest- ments as well as probable safety of principal. -19- CSHB 596(Finance) A T- (b) The committee may invest not more than 50 per cent of the a resources of the corporation to provide a reasonable proportion of longer-term investment capital for financing the establishment, improve- ment, and expansion of financially sound small and medium scale produc- tive private enterprises which will benefit Alaskans, and for which sufficient capital is not available from other sources on reasonable = terms. These investments may take the form of equity, debt, or debt �• 'I guarantees. �. (c) The committee may invest not more than 50 per cent of the resources of the corporation in financing a reasonable proportion of the longer-term investment capital needs for financially sound small and 12 medium scale community development projects of municipalities and public 1.1 corporate entities and private dwellings in the state for which suf- it ficient financing is not available from other sources on reasonable Pt terms. These investments may take the form of equity, debt, or debt ,r, guarantees. It (d) The committee may not invest or guarantee obligations totaling ,N more than five per cent of the assets of the corporation or $5,000,000, whichever is less, in a single project unless the legislature has ap- proved the investment by concurrent resolution. (e) The committee may not undertake any financing for which, in its opinion, sufficient private capital could be obtained on reasonable terms. (f) The committee may not assume responsibility for managing any r, enterprise or project in which it has invested and may not exercise voting rights for that purpose or for any other purpose which, in its opinion, properly is within the scope of managerial control. �+ (g) The committee shall only undertake its financing on terms and Aft• conditions which it considers appropriate, taking into account the terms CShB 596(Finance) -20- L i r and conditions normally obtained by private investors for similar fi- nancing, the requirements of the enterprise or project, the risks being r undertaken by the corporation, and the participation of other investors a ; unless the legislature has appropriated funds for subsidizing invest- mate which in the opinion of the corporation are of such high priority i, that special terms and conditions are appropriate. ►� (h) The committee may seek to revolve the corporation's money by rr, t Gelling its investments to other investors whenever it can appropriately #:! do so on satisfactory terms. (i) The committee shall seek to maintain a reasonable diversi- fication in its investments. r, (j) The committee shall only consider investment proposals after ' - r the applicant for an investment has submitted a detailed proposal to the rr committee's staff and the staff has prepared a written report recommend- ° r• Ing the investment after a study of its merits. J6 (k) The committee shall analyze the economic and other effects of �. ri an investment decision, including the effects on employment, income trr distribution, environment, health, social and other factors. The com- rfr mittee shall be sensitive to the views of affected local communities. rr (1) The committee may guarantee qualifying loans made by financial - 71 intermediaries in order to facilitate investment by the intermediaries in specific enterprises or projects. (m) The committee shall provide for operational and performance _ 74 evaluations (post-audits) of its investments and investment programs and 710 report the results to the policy board. ►,r (a) Nothing in this section prevents the committee, in the event ` - xi of actual or threatened default on any of its investments, actual or sY threatened insolvency of the enterprise in which the investment has been t° = 2+►_ made, or other situations which, in the opinion of the committee, -21- GSHB 596(finance) 4 f 1 I' 1 3 i I A l+� I I A IIII I II IIILiYdi ��■ .�.. �. V_ I threaten to jeopardize the investment, from taking such action and 7 exercising such rights as it may consider necessary for the protection a of its interests. i Sec. 44.55.140. INITIAL DETERMINATIONS. Before beginning its financing operations, the policy board shall render a detailed report to the legislature which shall (1) define the sectors which need financing for expansion of ,t existing projects or the development of new projects; n (2) define the size and nature of projects which are feasible In for corporation financing; Is (3) determine specific projects which are feasible for corpo- 19 ration and private financing; is (4) determine the availability of private investment capital 14 for the projects it determines are feasible; 1b (5) forecast the capital requirements of the corporation for m the first three years of its operations. it Sec. 44.55.150. REPORTS AND PUBLICATIONS. The policy board shall is publish an annual report in easily understandable language to the gover- ui nor, legislature and the public. Each report shall include financial 70 statements audited by independent outside auditors, a statement of the ;10 aamunt of money received by the corporation from each source during the 77 period covered, a statement of corporation investments, a description of ?s corporation investment activity during the period covered by the report, 74 an analysis of economic and other effects of investment decisions in - eluding, but not limited to, the effects on employment, income distri- bution, environment, health, social and other factors, and any other information the policy board believes would be of interest to the gover- nor, the legislature and the public. The corporation may also publish ?, such other reports as :Lt considers desirable to carry out its purpose. CSHB 596 01nance) -22- L II i I i ji i f l+� I I A IIII I II IIILiYdi ��■ .�.. �. V_ I threaten to jeopardize the investment, from taking such action and 7 exercising such rights as it may consider necessary for the protection a of its interests. i Sec. 44.55.140. INITIAL DETERMINATIONS. Before beginning its financing operations, the policy board shall render a detailed report to the legislature which shall (1) define the sectors which need financing for expansion of ,t existing projects or the development of new projects; n (2) define the size and nature of projects which are feasible In for corporation financing; Is (3) determine specific projects which are feasible for corpo- 19 ration and private financing; is (4) determine the availability of private investment capital 14 for the projects it determines are feasible; 1b (5) forecast the capital requirements of the corporation for m the first three years of its operations. it Sec. 44.55.150. REPORTS AND PUBLICATIONS. The policy board shall is publish an annual report in easily understandable language to the gover- ui nor, legislature and the public. Each report shall include financial 70 statements audited by independent outside auditors, a statement of the ;10 aamunt of money received by the corporation from each source during the 77 period covered, a statement of corporation investments, a description of ?s corporation investment activity during the period covered by the report, 74 an analysis of economic and other effects of investment decisions in - eluding, but not limited to, the effects on employment, income distri- bution, environment, health, social and other factors, and any other information the policy board believes would be of interest to the gover- nor, the legislature and the public. The corporation may also publish ?, such other reports as :Lt considers desirable to carry out its purpose. CSHB 596 01nance) -22- L r '1 a a r, rs r H !r u+ ii /4 15 16 it to 19 21) 21 77 21 A 70 70 21 xe X Sec. 44.55.160. CONFLICT OF INTEREST. (a) Members of the policy board and the committee are subJect to the provisions of AS 34.50. (b) Members of the policy board and the committee shall disclose their financial interest in an investment proposal and disqualify them- selves from voting on any investment proposal in which they have a financial interest. Sec. 44.55.170. POLITICAL ACTIVITIES. The members of the policy board and the committee and officers and staff of the corporation may not engage in partisan political activities. The resources of the corporation may not be used to finance any partisan political activi- ties. Sec. 44.55.180. PUBLIC ACCESS TO INFORMATION. Information in the possession of the corporation is a public record, except that infor- mation which discloses the particulars of the business or affairs of a private enterprise or investor is confidential and is not a public record. Confidential information may be disclosed only for the purposes of an official law enforcement investigation or when its production is required in a court proceeding. These restrictions do not prohibit the publication of statistics presented in a manner that prevents the iden- tification of particular reports, items, persons, or enterprises. Seo. 44.55.190. TAX EXDWZON. The corporation is exempt from all taxes and assessments in the state. All security instruments issued by the corporation, their transfer, and their Income are exempt from all taxes and assessments in the state. Sec. 44.55.200. DEFINITIONS. In this chapter (1) "board" or "policy board" means the Alaska Enterprise In- vestment Corporation Policy Hoard established by sec. 20 of this chap- ters (2) "business eutepprise" means a private corporation, firm, -23- CSH8 596(Finance) i � r 1 F Sec. 44.55.160. CONFLICT OF INTEREST. (a) Members of the policy board and the committee are subJect to the provisions of AS 34.50. (b) Members of the policy board and the committee shall disclose their financial interest in an investment proposal and disqualify them- selves from voting on any investment proposal in which they have a financial interest. Sec. 44.55.170. POLITICAL ACTIVITIES. The members of the policy board and the committee and officers and staff of the corporation may not engage in partisan political activities. The resources of the corporation may not be used to finance any partisan political activi- ties. Sec. 44.55.180. PUBLIC ACCESS TO INFORMATION. Information in the possession of the corporation is a public record, except that infor- mation which discloses the particulars of the business or affairs of a private enterprise or investor is confidential and is not a public record. Confidential information may be disclosed only for the purposes of an official law enforcement investigation or when its production is required in a court proceeding. These restrictions do not prohibit the publication of statistics presented in a manner that prevents the iden- tification of particular reports, items, persons, or enterprises. Seo. 44.55.190. TAX EXDWZON. The corporation is exempt from all taxes and assessments in the state. All security instruments issued by the corporation, their transfer, and their Income are exempt from all taxes and assessments in the state. Sec. 44.55.200. DEFINITIONS. In this chapter (1) "board" or "policy board" means the Alaska Enterprise In- vestment Corporation Policy Hoard established by sec. 20 of this chap- ters (2) "business eutepprise" means a private corporation, firm, -23- CSH8 596(Finance) i ii ii � �i � � seal■� - 1i partnership or eole proprietorship; 2i (3) "committee" means the Investment Committee established by a sec. 60 of this chapter; 4' (4) "corporation" means the Alaska Enterprise Investment G Corporation. s * Sec. 5. AS 39.25.110 is amended by adding new paragraphs to reads i (21) members of the policy board and Investment Committee, and s the president, officers, and staff of the Alaska Enterprise Investment 9 Corporation; 10 (22) members of the board of trustees, the executive director, 11 and staff of the Alaska Permanent Fund Corporation. 12 * Sec. 6. AS 39.50.200(9) is amended by adding new subparagraphs to read: 13 (NN). Alaska Enterprise Investment Corporation Policy 14 Board and Investment Committee; 1a (00) Alaska Permanent Fund Corporation Board of Trustees. 1e * Sec. 7. TRANSITION. (a) The commissioner of revenue shall transfer 17 all funds of the Alaska permanent fund to the Alaska Permanent Fund Corpora - 1s tion established by this Act after request for transfer is made by the cor- t9 poration board of trustees. 20 (b) The Alaska Enterprise Investment Corporation may not expend funds 21 for any purpose other than normal operating expenses of the corporation until rj the paid -in capital of the corporation reaches $50,000,000. Other funds of 23 the corporation including the funds received under AS 44.55.010 in sec. 4 of 24 this Act shall be invested as surplus funds under AS 44.55.120(b)(2) in sec. 25 4 of this Act until the paid -in capital reaches $50,000,000. 26 * Sec. 8. AS 37.10.065(c) is repealed. 21 * Sec. 9. AS 37.10.065(x) and (b) are repealed. 7e * Sec. 10. Section 9 of this Act takes effect upon transfer of she funds aL of the Alaska permanent fund to the Alaska Permanent Fund Corporation as CSHS 596(Finance) -24- 1!provided in see. 7(a) of thie Act. The rems 21Lmsdiately in accordance with AS 01.10.070( 3� 41 5, 0 1 e 0 10 11 12 13 14 10 18 17 10 19 40 21 n ra 24_ 25 26 v 20 #� -25- CBMS 59601nance) L 4 —. ° � '.II ■Wil ilio ii�ur��..—r-.�a. — ____ - _ ..-__-____ -_. _, Y � r -�°e�aun I If. 11 1 11 I I II JIIlII111 �t` �� 1�� �r; ()!4% �n1 �� l�'� 1� 1•( tt.i MYANAMMONA �.. Lit Ij AWROX BYOB ONIM IPAV ! ANCHORAGE9Tm AVE . AK f Harch 14, 1978 Ms. Sue C. Peter City Clerk City of Kenai Box 580 Kenai, Alaska 99611 Dear Ms. Peter: The enclosed application for renewal is for your consideration. RECREATIONAL SITE: PENINSULA OILERS; Peninsula Oilers Baseball Club, Inc.; Tinker Lane an, Lawton Drive; Mail: P.O. Box 1031, Kenai. If you choose to protest this application under AS 04.10.270, you must submit a statement of issues within 30 days plus 10 days for reasonable mailing time. The Board must take final action on the merits of the application. Thank you for your consideration. Sincerely, Bett L. Calhoon it/ Records and Licensing Supervisor -==- OLC: dg . . - Enclosure F ----- F- - r T- v - CITY OF KENAI f ORDINANCE NO. 394-78 AN ORDINANCE OF THE. CITY OF KENAI, ALASKA, PERTAINING TO MANDATORY CONNECTION TO THE CITY OF KENAI PUBLIC SEWAGE SYSTEM. WHEREAS, as a condition for receipt of sewage system grant funds from the State of Alaska, the City must adopt an ordinance which "shall require connection to a public sewage system if one is available within 200 feet of an structure from which sewage is generated". (Title 18AAC73.020) NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai, Alaska, as follows: Section I. It shall be mandatory for all structures, susceptible to 'being or currently being a source from which sewage may or is being generated, to be connected to the public sewage system provided that any part of the structure is or is to be within 200 feet -of an existing public sewer main. Such distance shall be measured by a straight line notwithstanding the possible impracticality of such being the necessary distance of line being required. Section II. All ordinances inconsistent with Section 1, above, are hereby rescinded to the extent of such inconsistency. PASSED by the Council of the City of Kenai, Alaska, this 5th day of April , 1978. ATTEST: Sue C. Peter, City Clem VINCENT 0' RXILLY , MAYOR FIRST READING: March 15, 1978 SECOND READING: Npr2.Y .7, LVID EFFECTIVE DATE - M14 aw, S , 197R IL bt — - r �—� —4 - -�— ice--' •_�,•----�•�—' 11k it DENDAIRWHON'T OF REVENUE 201 RAE. 9TH AVE /lB0�f iX tfIE1 U 90SU ! 00W / ANCHORAGE - AK 99501 i March 10, 1978 Ms. Sue C. Peter i City Cl erk City of Kenai Box 580 Kenai. Alaska 99611 Dear Ms. Peter: The enclosed applications for renewal are for your consideration. leo BEVERAGE DISPENSARY: p RAINW BAR AND GRILL; Harry L. and Barbara R. Axson; Main and Overland; Mail: Box 413. . BEAIL ,k KENAI JOE'S; Harry L. Axson, Jack L. Conright and Elsie Cresswell; Penin- sula and Broad Streets; Mail: Box 413. if you choose to protest these applications under AS 04.10.2709 you must submit a statement of issues within 30 days plus 10 days for reasonable mailing time. The Board must take final action on the merits of the applications. Thank you for your consideration. " - Sincerely. Be tt L. Calhoon I Records and Licensing Supervisor BLC:dg Enclosures 1 I. F - t s _ t „ t I i I El CITY ATTORNEY'S REPORT April 5, 1978 i uv uii� E � CITY ATTORNEY'S REPORT April 5, 1978 T. J. "00C as C.R. BAI.OMN M.J. CVSACK R.C. MOLL City of Kenai P. 0. Box 580 Kenai, Alaska 99611 Attention: John E. Was City Manager Dear Mr. Wise: RCGERS & 13ALOWIN ATTORNCYS AT LAW POST O//ICC Vox 4200 KCNAI,ALASKA £>96i1 March 29, 1978 • V TCLCOMONC (9071203-7!0 Re: my Client Dorgan & Son Excavating Contractors I have been contacted by Mr. Dorgan regarding Resolution No. 78-48, - awarding to his company the right to sell to the City of Kenai four thousand cubic yards of gravel for a total of $16#000-00. I have reviewed the Minutes of the meeting at which that Resolution was adopted, and note that apparently some attempt was made to amend the motion to make the award contingent upon the occurrence of some event, the nature of which is unclear. My client advises me that you interpret the amendment to prohibit him from furnishing any materials to the City from the pit owned by River Bend $and & Gravel, Inc., unless the Planning Commission and City Council shall have first approved a "development plan" for the pit. In view of the fact that the amendment as set forth in the Minutes does not appear to contain language to that effect, I would request that you first seek clarification from the City Council as to its intention in adopting the amendment. In seeking clarification from the Council, I would request that you advise the Council of Mr. Dorgan's position with regard to your interpretation of the amendment. The "Gravel Pit Ordinance" as set forth in Kenai Peninsula Borough Ordinance No.. 76-4 door not impose upon Mr. Borgen or the operator of -- the pit the burden of submitting annual plans to the City, nor does it authorize the Planning Commission or the City Council to annually review and approve the - - existing plan. The only requirement imposed upon River Bend Sand & Gravel, Inc. $ is that of complying with its existing plan, which has already received approval, and reporting to you as the administrative official on an annual basis its progress in complying with the existing plan. This report is due on or before June 11, 1078. r City of Kenai 'March 29. 1978 Page Two The Council should also be aware: of the fact that `lr. Borgen us proprietor of Bergen a Son. Excavating Contractor:. has no legal control over River Bend Sand a Gravel. Inc.. which is the corporate owner of the pit referred to by the City Council. tti bile fir. l?rrgen is f shareholder in !Imst Corporation, he is not a majority shareholder. The Council should further be advised that Mr. Dorgen and the other bidders submitted their bids based upon the information contained in the Invitation to Bid prepared by the City. The bid documents contained no restrictions as to the location from whence the gravel could be obtained. The Council's amendment to the bid documents therefore constitutes an unenforf.ib-*c attempt to modify a contract. It is regrettable that the Council has apparently attopted the practice of invading the purely administrative province of the City Manager. A small businessman dealing with the administrative officials of a city must necessarily exercise a greater degree of caution than he would exercise in the ordinary,• commercial context, due to the peculiarities of municipal law. The difficulties of the local small businessmen in dealing with the City of Kenai are compounded by the insistence of the City Council in meddling in the administrative affairs of the City under the pretext of exercising its stewardship. Please convey my client's position to the City Council, and advise me as to its response. Very truly yours, , �e�a C. R. BALDWIN Attorney at Law ow. R. L. Borgen P. O. Box 2619 Kenai, Alaska 89811 a April 5, 1978 Mr. Jim Wolverton P. 0. Box 3423 Kenai, Alaska 99611 Re: Personnel Policy Regarding Running for School Board Dear Mr. Wolverton: You have asked me for my advice as to whether you, as a City employee working for the Public Works Department as a sewer treatment plant efigineer, may run for a position on the local school board without violating any provision of the City personnel ordinance or the municipal code. Specifically, you refer to Section 22.35.020 (12) of the municipal code which calls for disciplinary action of an employee who engages in political activity as restricted by the charter. The provision of the City Charter pertaining to political activity of officers and employees is Section 10-7, which reads as follows: - "No officer or employee of the City except the mayor and other councilmen and personnel who do not receive compensation for their services, may work for or against or attempt to influence the election or defeat of any candidate for mayor or councilman, or the recall of the mayor or any councilman; provided that this shall not prohibit the ordinary exercise of one's right to express his opinions and to vote. Any person who violates this section, shall be punished, upon conviction thereof, by a fine not exceeding -fifty dollars and costs. Such violation shall constitute cause for removal from office or employment; and if the regular removal authority has not already removed the person who violates this section, he shall be automatically removed by the said 1 r It r i� April 5, 1978 Mr. Jim Wolverton P. 0. Box 3423 Kenai, Alaska 99611 Re: Personnel Policy Regarding Running for School Board Dear Mr. Wolverton: You have asked me for my advice as to whether you, as a City employee working for the Public Works Department as a sewer treatment plant efigineer, may run for a position on the local school board without violating any provision of the City personnel ordinance or the municipal code. Specifically, you refer to Section 22.35.020 (12) of the municipal code which calls for disciplinary action of an employee who engages in political activity as restricted by the charter. The provision of the City Charter pertaining to political activity of officers and employees is Section 10-7, which reads as follows: - "No officer or employee of the City except the mayor and other councilmen and personnel who do not receive compensation for their services, may work for or against or attempt to influence the election or defeat of any candidate for mayor or councilman, or the recall of the mayor or any councilman; provided that this shall not prohibit the ordinary exercise of one's right to express his opinions and to vote. Any person who violates this section, shall be punished, upon conviction thereof, by a fine not exceeding -fifty dollars and costs. Such violation shall constitute cause for removal from office or employment; and if the regular removal authority has not already removed the person who violates this section, he shall be automatically removed by the said 1 r It r y - Mr. Jim Wolverton I '• Page 2 . I i t 1 is a i e _I f' t I. ,r r Si I l 1!. If I ; 1 r conviction of violating this section, effects the expiration of the period during which he appeal or, in case of appeal, when the case I determined." As you can ascertain, the above section deals political activity by an employee as it relat participating in political activity which woc to influence the election or defeat of any cs for mayor or councilman. Therefore, since your planned activities in Y for a position on the local school board wou] violate the above provision, you may safely x school board without fear of violating any ox code or charter provision of the City of Kens Very truly yours, Ernest Schlereth City Attorney ES/eh