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HomeMy WebLinkAbout1984-08-27 Council Packet - Special MeetingKenai City Council Special Council Meeting August 27, 1984 Public Hearing: Kenai Zoning Map Auto Dealership Lease i CITY OF KENAI „ w a 4"„ 3 I 210 FIDAL00 K@NAL ALASKA 00611 TBLMONB 213 . M5 NOTICE OF AMENDED AGENDA Tho agenda of the Special Meeting of Monday, Aug. 27, 1984 has been amended to read: 1. PUBLIC HEARINGS of Ordinance 971-84 - Amending Kenai Zoning Map,- Baron Park Subdivision 2. NEW BUSINESS a. Introduction of Ordinance Providing for Issuance of $2,850,000 General Obligation Bonds and fixing Details ° of Said Bonds The public is invited to attend and participate. Janet Whelan City Clerk DATEDs August 21, 1984 1 I I COUNCIL MEETING OF COUNCIL MEETING OF jl Suggontod bys Planning h zoning CITY OF KENAI ORDINANCE NO. 971 -84 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE OFFICIAL KENAI ZONING MAP BY REZONING LOTS 1-3, BARON PARK SUBDIVISION TO GENERAL COMMERCIAL (CG) DISTRICT. WHEREAS, KMC 14.20.270-280 ostabliehon a procodtire to amend the Official Zoning Map of the City of Kenai, and WHEREAS, a request to rezone Late 1-3, Baron Park S/D was initiated by the Kenai Advisory Planning do Zoning Commission at their meeting of August 8, 1984, and WHEREAS, the Commission conducted a public hearing on this request on August 17, 1984 and all testimony given was in support of the rezoning petition, and WHEREAS, the Commission recommended approval of Lots 1-3, Baron Park S/D to General Commercial (CG) in accordance with Resolution PZ84-75. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 4 KENAI, ALASKA, that the official zoning map of the City of Kenai " r shall be amended as follows: Section 1s Lots 1-3, Baron Park S/D are hereby rezoned to General Commercial (CG) District. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 27th day of August, 1984. ATTEST: Janet Whelan, City Clark TOM WAGONE11v MAYOR First Readings August 20, 1984 Second Readings August 27, 1984 Effective Dates September 27, 1984 now I / ff .I .. �Its t a � 1 r w � r m • O 9 �� O QA9T AR+A: " ST L7' iL7 �i 4 •( ri' L lip •� �O� 1r94tr� �.Z atra. ' 1 a�•a• 1 1 i�a t 4as IANO, I'. i IF i� ;�GENA1 'SPV{Z NIC11-1WAY u iO r u m v, urn f �) 1 v ► D %L n BARON PARK SUBDIVISION LOCATED WWTMN iHe SW //4 SW I14 SEC Sri, it 3'! M R//W, S.M., AK., MCKF.I'/�O PEN/N✓^ULA 3 4 BOROUGH and THE a r r OP NAI, i i III KENAI PLANNING A ZONING COMMISSION Special Meetinri, Auquut 17. 1984 Kenai City Nall Lee Lewio, Chairman 1. ROLL CALL Presents Lewis, Carignan, Ooborne, Smalley, Zubeck Absents Bryson and Olecon 2. PUBLIC NEARING a. Revolution P164-75s Rezone Lots 1-3, Baron Park S/0 - from RS to CG Chairman Lewis opened the hearing to the public for comment. Mr. Jevo Nall came forward to present hies request stating that he is in the process of putting in a commercial buoiness and feels that the type of buoineso sine there is a natural tendency to commercial enterprise in the area. Chairman Lewis agreed, otating that thio parcel is consistent with the surrounding area. Chairman Lewis inquired into the status of the lease stating that if this rezoning was granted, would the busineoc be ready to go in the near future, Mr. Nall ;tatud that the lease woo ready and would be before the Commission on Wednesday. Mayor Wagoner came forward and reviewed plane that he and Bill Brighton had been working on which involves platting of additional acreage adjacent to this tract. Mayer Wagoner agreed that the "shotgun" approach to toning one lot :at a time is inappropriate, but understands that the Commisoion io *,:king a look at the entire area bouruied by the NF_A tract and thu ballfield for rezoning. One of the reasons Lawton Acres wan zoned conoervation wars in knowing that this tract would be developed commercially acr000 the atrevt a buffer becomes more important. Eventually, Marathon Road will be rerouted per the Airport Master Plan. It will cove off Airport Wray rather than its present location nearer the Spur. Marathon Road io not a dedicated ROW. Chairman Lewio opened comments to the Commiunian. Commissioner Carignran %stated he wrao glad to see that Jeff Labohn would j be coming back with the proposal to rezone the entire area disacusoed. 1 Commissioner Lubeck yoked Mr. Nall if thin would give him adequate -. r PLANNING COMMISSION Special Meeting, A/11/84 Page 2 space. Mr. Nall stated that basically, they only needed Lot 2, that the other would be "feature" lots. MOTION: Commissioner Smalley moved approval of P194-75, rezoning of Baron Park S/D from RS to CG. seconded by Commiasioner Carignan. VOTE: Motion passed unanimously. 3. ADJOURNMENT There being no further business, the meeting was adjourned at WO pm. Janet Loper Secretary 1 I I' rf 1% tII i . T (J i 1j ' / I 1 rep I, us OopwtmEmt � ' _ ' Cf fiG^sportatron Federal Aviation Amnintstratlon Auguot 10, 1984 U Alafikun 114#qu)n 701 C '3trool, Box 14 Anchofti(jA• Alnaka 90013 Mr. William J. Brighton ^-�•� City Manager of Kenai P.O. Box 580 Komi, Aluoka 99611 Dear Mr. Brightons Kenai Airport in accordance with your converoation with Howard Smith of my staff, we have reviewed your verbal proposal to diapose of approximately 5 adres within the southwont 4 of section 33, towrinhip 6 north, range 11 woot, Seward Meridian. Based on the information provided by telephone, we would look favorable on such a proposal, At your convienco, plaaso submit the noeoaaary roloaaa information in order that we may prepare the release documents. Thia assumes, there is no unforeseeable problems we are not aware of. if more assistance is needed, please feel frec3e to call. Sincerely, T'loy ii. Pattison Acting Manager, Airporto Division IV • Eawara 'warren mess A-eflcan wort e" n sneer 1.20 701 3,7 0' 7.2 uSig it's$ a IIf/ -- ylof I" .« � Sit6u� sNa.� el F�Q�iNy Kr�ai Spur 0,91' war w PLs•r.. � 700 Ri�rd�t Pav/c :%wGJlv;sJo.� CITY OF KENAI %Od C2aja" 4 4" 210 RIOALOO KENAI, ALASKA nolt TELEPHONE 263. M5 MEMORANDUM TO: Kenai City Council FROM: )q Jeff Labahn, Land Manager SUBJECTS Concept Lease Applications Portion of SW1/4 of Sec. 31, T6N, R11W, S.M. for Chrysler Dealership - Jess L. Hall DATES August 8, 1984 Mr. Hall came before the Kenai Planning & Zoning Commission at their regular meeting of 8/8/84 and presented the attached concept lease application. The Commission approved the concept lease application and further requested an initiation of rezoning proceedings as the described property to zoned Suburban Residential and a General Commercial zoning is appropriate. Notice of the Special Meetings for the Planning Commission and the City Council are attached. j1 s . r" • l ,u I - -I CO Oats tcecocvcd (;I 1 "Y 0F KEN,•1I Coop r.�de�o»�1•l���. P.O. aOX 920 • KWAi, %1M11%N rriviis s'uo•, sd+ ` ram tit a J J LEASE APPL ICAT ION /f�/ jf��.� 0•°�---LL;4arz� c' Nnmo cif Applicant J e ,<. L1� W, 1G Addr,rn't r (. ,. < l k, > Buainew) Namur and Addrir m ,. 1 Kenai Peninssula iinrauc;ti ialers Tax No. (if applicable) State ©uuinana Lieenqe No. (if :tpplic:ible) Telephnna .? -• �!G ��' /Lot Description Desired Length of Leaue r ' I Property to be uisad for Uar �hI'f �L e0 /yal,r, ,:<Ir/1 Deaeri soon^ of Dovolopmento (type, crsnnt ruction, size, etc.)11— �/r.eeD 'dcteY.�- -f��� Trs, ,l' `,ii• �,i `T�,�l� �v! G�,�s; �, 0 � I Attach development pl.sn to xaln (1" 3O'), cshOwil") all hisildinlIs planned. Time arhndislls fns• Propuumd Devalopi-mist: flux) intro, Date .9 ."d r l7ti� PrOI)nfsrd Coaiptet inn Vats Eot :,vs tad Val u/r of Coast runt spin Dates SA, �fL( ',l,ir►s:ds Dates ; i gn,rd s a o /f h„ rt r- �2 So (,.,,p", "I 3)D . I IL let if RS (2) '4p rR TR a A KENAI spuFt C L RS R S 14 R S 1HAuTUMN 1 C!,FO 1, A W i CITY OF KENAI ,. "Od G'apdrl 4 4"„ 210 FIDALOO KENAI, ALA8KA 09611 TELEPHONE 263.7636 PUBLIC HEARING NOTICE Kenai Advisory Planning & Zoning Commission Public Notice is hereby given that a petition to amend the Official City of Kenai Zoning Map has been submitted by the Kenai Advisory Planning 6 Zoning Commission. The property to be rezoned is a portion of SW1/4 of Section 33, UN, R11W, S.M. situated at the northeasterly corner of the Intersection with Kenai Spur Highway and Marathon Road. This property is currently zoned Suburban Residential district, a rezoning amendment to General Commercial has been requested. Public Hearing on this matter will be held by the Kenai Advisory Planning 8 Zoning Commission at n Special Manting to be hold on Friday, August 17, 1984 commencing at 6s00 p.m. in the Kenai City Hall Council Chambers. Anyone wishing to present testimony concerning this request should do so at this hearing or submit written comments to the City of Kenai, Planning Commission, 210 Fidelgo, Kenai, Alaska 99611 prior to August 17, 1984. Kenai City Council This zoning amendment io scheduled to be introduced by the Kenai City Council on Monday, August 20, 1904 commencing at 6sOO p.m.in Special Meeting. A public hearing will be held by Council cut Monday, August 27, 1904 commencing at 6s00 p.m. in Special Meeting in the Kenai City Nall Council Chambers. Anyong wishing to present testimony enncerning this request should do so at this hearing or submit written comments to the Council at the above address prior to August 27, 1984. For more information call 283.7933. PUBLISHs 2X 8/10/84 and 8/15/84 0 CITY OF KENAI ALASKA ORDINANCE NO. 972•-84 AN ORDINANCE OF THE CITY OF KENAI, ALASKA, PROVIDING FOR THE ISSUANCE OF $2,850,000 GENERAL OBLIGATION BONDS OF THE CITY AND FIX- ING DETAILS OF SAID BONDS. WHEREAS, pursuant to Resolution No. 83-116 of the City of Kenai, Alaska (the "City") passed and approved on August 17, 1983, the following question: PROPOSITION Improvements to City's Road, Sewer and Water Systems Pursuant to Resolution 83-116 shall the City of Kenai, Alaska, be authorized to incur in- debtedness and to issue its general obliga- tion bonds or other such evidence of indebt- edness in an amount or amounts as needed, and not to exceed in the aggregate FOUR MILLION DOLLARS ($4,000,000), for the purpose of pro- viding a portion of the funds for planning, dosignina, acquiring and constructing im- provements to the road, sewer and water sys- tems and related capital improvements in the City, and to pledge the full faith and credit of the City for the payment of the principal and interest on the bonds or other such evi- donce of indebtedness? Said general obliga- tion bonds or other such evidence of indebt- edness are to mature within 30 years from the date of issue and are to bear interest at a rate not to exceed the maximum rate permitted by law. (herein called the "Proposition") was passed and approved by a vote of 566 for and 275 againot the Proposition at the general I vsi-.{V•, F ,. -o , . CITY OF MAI, A1,AM'A Paep 2, ORDINANCE NO. election hold in tho City on October 4, 1983, and said election has been duly canvassed and the results thereof certified and confirmed in accordance with law; and WHEREAS, the City Council of the City has determined and does hereby determine that it is necessary to proceed with the planning, designing, acquiring and constructing improvements to the road, sewer and water systems and related capital improve- ments in the City (all hereinafter collectively referred to as the "Project"); and WHEREAS, it is deemed necessary and advisable and in the best interests of the City and its inhabitants that $2,850,000 principal amount of the general obligation bonds, referred to in the Proposition, be issued at this time in a ' single series, as hereinafter fixed and determined, for the pur- pose of raising funds to pay the cost of constructing and acquir- ing the Project; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. Definitions. The following terms shall have the following meanings in the Ordinances (a) "Bonds" shall mean any of the City of Kenai Gener- al Obligation Bonds, 1984 Series A, issued pursu- ant to the Ordinance as the evidence of the in- debtedness referred to in the Proposition. 11 r% ('TTY OF P' MAT , A1,A^YA ORDINANCE NO. rarlc 3. (b) "City" (shall mean the City of Kenai, a municipal corporation of the State of Alaska, organized as a home rule city pursuant to Title 29 of the Alaska Statutosa and the Charter of the City of Kenai, Alaska. (c) "Cost" shall moan the cost of acquiring and devel- oping the Project, including interest on the Sonda prior to and during the period of acquiring and developing the Project, and reasonable fees of the Paying Agents for the payment of such interest, the cost whether incurred by the City or another of field surveys and advance planning undertaken in connection with the Project properly allocable to the Project and the cost of acquisition of any land or interest therein required as the site of the Project or for use in connection therewith, the cost of preparation of the :=site of the Project and of any land to be used in connection there- with, the cost of any indemnity and surety bonds and premiums on inourance incurred in connection with the Project prior to or during construction thereof and all related direct administrative and inspection expenses whether incurred by it or by another in connection with the Project prior to or J I .I CITY OF KENA I , M ASKA ORDINANCE NO. Page 4. during construction thereof and allocable portions of direct costs of the City, legal fees, fees and expenses of the Paying Agents, cost of issuance of the Bonds by the City and financing charges and fees and expenses of bond counsel, financial ad- visors and consultants in connection therewith, costs of audits, the cost of all machinery, appa- ratus and equipment, cost of engineering, archi- tectural services, design, plans, specifications and surveys, estimates of cost, the reimbursement Of all moneys advanced from whatever source, for the payment of any item or items of cost of the Project, and all other expenses necessary or inci- dent to determining the feasibility or practic- ability of the Project, and such other expenses not specified herein as may be necessary or inci- dent to the acquisition and development of the Project, the financing thereof and the placing of the same in use and operation. (d) "Ordinance" shall mean this Ordinance of the City. (e) "Paying Agent" and "Principal Paying Agent" shall mean the banks, trust companies, or national bank- ing associations appointed by the City pursuant to Section 18 hereof. *� 1 I i CITY OF KFNAI, ALASKA Pale S. ORDINANCE NO. Section 2. Authority for Ordinance. The City has ascertained and hereby determines that each and every matter and thing as to which provision is made, in this Ordinance is neces- sary in order to carry out and effectuate the purposes of the City in accordance with the Constitution and statutes of the State of Alaska and the Charter of the City, and to incur the indebtedness and issue the Bonds as referred to in the Proposi- tion. Section 3. Purpose and Authorization of Bonds. For the purpose of raising funds to pay the cost of acquiring and developing the Project as authorized by the Proposition which, in accordance with the Proposition is hereby determined to be neces- sary, general obligation bonds of the City referred to in the Proposition, each to be designated "City of Kenai General Obliga- tion Bond, 1984 Series A", shall be issued in the aggregate prin- cipal amount of TWO MILLION EIGHT HUNDRED FIFTY THOUSAND DOLLARS ($2,850,000) as a single issue and sold at public sale or at private sale including sale to the Alaska Municipal Bond Bank on a date to be set by resolution of the Council passed prior to the sale. Section 4. Date and Maturities of Bonds. The Bonds shall mature on October 1 in the following amounts in the years set opposite such amounts: CITY OF T:FMAI, At,A-,VA Page 6. ORDINANCE NO. n, Maturity October 1 Amounts 1986 $140,000 1987 140,000 1988 140,000 1989 140,000 1990 140,000 1991 140,000 1992 140,000 1993 140,000 1994 140,000 1995 140,000 1996 145,000 1997 145,000 1998 145,000 ' 1999 145,000 2000 145,000 2001 145,000 2002 145,000 2003 145,000 2004 145,000 2005 145,000 Section S. Payment Dates, Form and Numbering of Bonds. Each Bond shall bear interest from its date payable on the first days of October and April in each year beginning April 1, 1985 at such rate or rates per annum as may be fixed and determined by resolution adopted prior to the delivery thereof. The Bonds shall be in registered form as herein provi- ded, or, in the case of sale to the Alaska Municipal Bond Bank, in the form of one fully registered bond, and payable to the Alaska Municipal Bond Bank. The Bonds shall each be of the denomination of Five Thousand Dollars ($5,000). The Bonds shall 'a CITY OF FFNAT, AI.A91'A ORDINANCE NO. r rage 7. be substantially in the form of such Bond horoinafter set forth with such appropriate variations, omissions or insertions as are permitted or required by this Ordinance or any resolution of the City adopted pursuant to the provisions of this Ordinance and may have endorsed thereon such legends or text as may be necessary or appropriate to conform to the rules and regulations of any governmental authority, or any usage or requirement of law with respect thereto. Section 6. Details of Bonds. The registered Bond shall bear interest from its date, and shall be dated as of the date of its issuance, or as of October 1, 1984 at the election of the City. Each of the Bonds shall be signed by the manual or fac- simile signature of the Mayor, and the official seal of the City (or a facsimile thereof) shall be affixed, imprinted or otherwise reproduced on the Bonds, and attested by the manual or facsimile signature of the City Clerk. In case any officer whose signature or facsimile of whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature or such facsimile shall nevertheless be valid and suf- ficient for all purposes the same as if he had remained in office until such delivery. In the event both the signature of the Mayor and the signature of the Clerk are in facsimile form, the Bonds shall W CITY OF K"IAI, ALASKA ORDINANCE NO. Payv 8. contain a certificate of a Paying Agent certifying the authenti- cation of such signatures in the following form: PAYING AGENT'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the within mentioned Ordinance and the signa- tures imprinted hereon are the authentic signatures in facsimile of the Mayor and Clerk of the City. Nam Paying Agent By Authorized Officer Both the principal and redemption price of and the interest on the Bonds shall be payable in any coin or currency of , the United States of America which, at the respective dates of payment thereof, is legal tender for the payment of public and private debts. The principal and the interest on all Bonds shall be payable at the principal office of the Paying Agents, or if sold to the Alaska Municipal Bond Bank to the Bond Bank or its regis- tered assigns. Any registered Bond may thereafter be transferred only upon an assignment duly executed by the registered owner or his attorney in such form as shall be satisfactory to the Princi- pal Paying Agent such transfer to be made on such books and en- dorsed on the Bond by the Principal Paying Agent. a J F'- ., rms .. u • •r .ag.-��cs .. (" TTY nF F rMA i , At ASKA ORDINANCE NO. Section 7. Ownership of Bonds. The person in whose name the same shall be registered shall be deemed and regarded as the absolute owner thereof for all purposed, and payment of or on account of the principal on such Bond and the interest on the Bond small be made only to or upon the order of the registered owner thereof or his legal representative, but such registration may be changed as hereinabove provided. All such payments shall be valid and effectual to satisfy and discharge the liability , upon such Bond, including the interest thereon to the extent of the sum or sums so paid. ' Section 8. Mutilated, Destroyed, Stolen or Lost Bonds. In case any Bond shall become mutilated or be destroyed, stolen, or lost, the City may cause to be executed, and delivered, a new Bond of like interest rate, principal amount and maturity in ex- change and substitution for and upon cancellation of such mutila- ted Bond, in lieu of and in substitution for such Bond destroyed, (, stolen, or lost, upon the holder paying the reasonable expenses j i and charges of the City in connection therewith and, in the case i of a Bond destroyed, stolen, or lost, his filing with the City i �a• evidence satisfactory to it that such Bond was destroyed, stolen, ' ! or loot, and of his ownership thereof, and furnishing the City a with indemnity satisfactory to it. Any new Bond so delivered may a bear a number differing from the number on the Bond it replaces. y 'i ,i F-� ro /, CITY OF KENAI, ALASKA I'rt�o 10. ORDINANCE NO. Section 9. Exchan a of Bonds. The City shall make provision for the exchange of Bonds at the principal office of the Principal Paying Agent, and shall eauue books to be kept by the Principal Paying Agent, as Bond Registrar, for the registra- tion and transfer of Bonds as provided in thin Ordinance, except that the books for the registered Bond shall be kept at the office of the City. Section 10. Redemption_ of Bonds. The Bonda maturing on or after October 1, 1994, shall be oubject to redemption by or on behalf of the City prior to maturity and upon notice as here- inafter provided, as a whole or in part in inverse order of maturity on any interest payment date on or after October 1, 1993, at a redemption price equal to the principal amount of each Bond to be redeemed, together with interest accrued thereon to the redemption date. If less than all of the Bonda of like maturity are to be redeemed, the particular Bonds to be redeemed shall be aoloc- ted in inverse numerical order. Section 11. Notice of Redemption. when the City determines to redeem Any Bonds, it shall give notice of such redemption, which notice shall state the redemption date and identify the Bonds to be redeemed by reference to their numbers and further state that on ouch redemption date there ahall become due and payable upon each such Bond the principal amount thereof rTTY OWN VENA T , AT.A`I A ORDINANCE NO. (hereinafter in thin Ordinance referred to an the "Redemption Price") together with interest accrued to the rodemption daxto, and that from and after ouch date interest thereon :shall cease to accrue. Such notice ohall be given by mailing notice to the r©giotered owtior of each Lend at the addroas kept on the book$ of tho City, Soctien 12. Pay-nigt3=�_ ©� _Rodeemad.-Bonds. Notice of redemption having bean givon in the manner provided in Section r 12, the sonde oo called for redemption shall become due and pay -able on the redemption date Btated in said notice at the applic- able Redemption Price ott said date plus int©reot accrued and un- paid to the redemption date, and, upon preoenta�ion and surrender thereof, at the principal office of the Paying Agent or in the cacao of the regiet©rod Bond, at the office of the City, together with, in the earn of Bondo regioterod otherwice than to bearer, a written instrument of tranufar duly executed by the registered y owner or hie duly authorized attorney. Section 13. Form of Fu11Y Royioterod_Bond. The fully rogiatered Bond shall be in oubstantially the form s3et forth below with zuclt innortiono or variations as may be required or i pormittod by tho Ordinatsces 8 i 111 rTTY 01, 11T.MA I , A1,A,11VA . - ORDINANCE NO. UNITED STATES OF AMERICA STATE OF ALASKA CITY OF KENA I (A Municipal Corporation of the Otato of Alnoka) Vie City of Nonni, a municipal corporation of the State of Alaoka (the "City"), for valuo recoivod acknowledgon itoolf indobted and horoby prominoa to pay to Alaska Municipal Bond 8111I)t or registorod aaaigna, the principal earn of Two Million Hight Hundred Fifty Thousand Dollars (02,850,000) in the following inatallmanto on October 1 of ouch of the following years, and to pay to tho roUictorod ownor hereof intoroot on oacli ouch install- ment from tho date horeof until the City'o obligation witli roopect to the paym©nt of such inotallmont shall bo discharged, on the first days of October and April of each your, beginning April 1, 1985, no follows: Maturity Intaroot October 1 Amount Rgvgq 1986 0140,000 1987 140,000 1988 140,000 1989 140,000 1990 140,000 1991 140,000 1992 140,000 1993 140,000 1994 140,000 1095 140,000 1996 145,000 1997 145,000 1998 149,000 1999 145,000 2000 145,000 2001 145,000 2002 145,000 2003 145,000 2004 145,000 2005 145,000 .rG A . Ir j/ El CITY OF VEMAI, AI,A-11'A ORDINANCE NO. Thin Bond, an to principal and interont when duo, will bQ pnyablo at the office of the City in any coin or currency of the Unitod Statoo of America which at the time of payment is legal tender 1:or the payment of public and private debts. Thin Fond io the ainglo regiotorod Bond of the series of Bonds entitled General Obligation Bond, 1084 Beriom A, of ttio City of Kenai, Alaoka, aggregating 02,850,000 in principal amount authorized for the putp000 of providing funds to pay a portion of the coat of planning, dooigning, acquiring and constructing im- provementa to the road, oewor and water oyatomn and related capital improvomento in the City, vith the queotion of their iaouance for ouch purp000s approvod and ratified by majority vote of the qualified votora of the City who voted on a Proposition authorizing the Bonds at the general election held on October 4, 1983, and io iooued pursuant to Ordinance No, �,® of the City entitled: An Ordinance of the City of Kenai, Alaoka Providing For tho Inauance of 02,850,000 General Obligation Sondo and Fixing Details of Said Bondo (herein called the "Ordinance"), The Rondo are to be numbered from one conoocutively upwardo in order of maturity, The installmanto of thin Bond becoming due on or after October 1, 1994, arc oubject to redemption by or oil behalf of the City prior to maturity and upon notice ass not forth in the Ordinance ao a whole or its part in invormo order of maturity on any interest payment data on or after October 1, 1993, at a CITY cif E:Et1AI, ALAS1,A PIge 14 ORDINANCE NO. redemption price calculated with respect to each installment or portion thereof to be redeemed equal to the amount thereof, plus; accrued interest to the date of redemption. This Bond is transferable, as provided in the Ordinance, only upon the books of the City kept for that purpose at the principal office of the City by the registered owner hereof in person or by his attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the City duly executed by the registered owner or such duly authorized attorney. The City may treat and consider the person in whose name this Bond is registered as the holder and absolute owner hereof for the purpose of receiving payment of, or on account of, the principal hereof and interest due hereon and for all other purposes whatsoever. This Bond is a general obligation of the City of Kenai, Alaska, and the full faith and credit of the City are pledged for the payment of the principal of and interest on this Bond as the same shall become duo. IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts or things required by the Constitution and laws of the State of Alaska and the Charter of the City of Kenai to exist, to have happened or to have been performed precedent to or in the issu- ance of this Bond, exist, have happened and have been performed, and that the issue of Bonds of which this is one, together with r' _ h mac: -"— W ..r1i I s CITY OF KfNAI, ALASKA ORDINANCE NO. Pa(1e 15. all other indebtedness of the Cit is within ever debt a d y, y n other limit prescribed by said Constitution, statutes or Charter. IN WITNESS WHEREOF, THE CITY OF KENAI, ALASKA has caused this Bond to be signed in its name and on its behalf by the manual facsimile signature of the Mayor and the official seal of the City (or a facsimile thereof) to be affixed, imprinted, or othorwiao reproduced hereon, and attested by the manual or fac- simile signature of the City Clerk, all as of the day of _ 19 Mayor {SEAL) ATTEST: City Clerk Section 14. Form of Registered Bond Not Sold To The Alaska Municipal Bond Bank. Should the Bonds not be sold to the Alaska Municipal Bond Bank, the Bonds shall be in substantially the form hereinabove set forth except that the first, second and fourth paragraphs thereof shall be in substantially the following forms respectively: y� 1� H 4 u �AAA CITY OF KENAI, ALA'JKA ORDINANCE NO. FIRST PARAGRAPH Pays 1G. The City of Kenai, a municipal corporation of the State of Alaska (the "City"), for value received, acknowledges itself indebted and hereby promises to pay to _ or registered assigns, on the first day of October, 19_, upon presentation and surrender hereof, the principal sum of Dollars ($ ), and to pay interest on such principal sum from the date hereof until its ob- ligation with respect to the payment of such principal cum shall be discharged, at the rate of per centum (_•/.) per annum, payable on the first days of and in each year. The principal, interest and redemption price of this Bond shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Principal shall be paid to the registered owner or assigns upon presentation and surrender of this Bond at the corporate trust offices of (hereinafter called the "Principal Pay- ing Agent") or (herein together with the "Principal Paying Agent" collectively called the "Paying Agents") or their successors. SECOND PARAGRAPH This Bond is one of the General Obligation Bonds, 1984 Series A, of the City of Kenai, of like tenor and effect except J a CITY OF KENAi, ALASKA ORDINANCE NO. 1'a(Jo 17. I, as to interest rates, serial number, and maturity, aggregating $2,850,000 in principal amount, and constituting bonds authorized for the purpose of providing funds to pay a portion of the coat of planning, designing, acquiring and constructing improvements to the road, sewer and water systems and related capital improve- ments in the City, with the question of their issuance for much purpose approved and ratified by a majority vote of the qualified voters of the City of Kenai, who voted on a Proposition at an election in the City on October 4, 1983, and is issued pursuant to Ordinance of tho•City entitled: AN ORDINANCE OF THE CITY OF KENAI, ALASKA, PROVIDING FOR THE ISSUANCE OF $2,850,000 GENERAL OBLIGATION BONDS OF THE CITY AND FIXING DETAILS OF SAID BONDS, (herein called the "Ordinance"), FOURTH PARAGRAPH The Bonds maturing on or after October 1, 1994 are subject to redemption by or on behalf of the City prior to matur- ity and upon notice as set forth in the Ordinance as a whole or in part in inverse order of maturity on any interest payment date on or after October 1, 1993 at a redemption price equal to the principal thereof plus interest accrued to the redemption date. If less than all of the Bonds of like maturity are to be redeem- ed, the particular Bonds to be redeemed shall be selected by lot within such maturity as provided in the Ordinance. CITY OF 99MAI , AI,AISFA Pngo 18. ORDINANCE NO, Section 15, Pny1jg Agrjnts. One or more Paying Agents shall be appointed by a resolution adopted by the City prior to the time of sale of the Ronda, unless the Bonds are sold at pri- vate sale in the form of a single registered Bond to the Alaska Municipal Bond Bank, in which case no Paying Agents need be appointed by the City, The City shall indemnify and save harm- less the Paying Agents against any liabilities which they may incur in the exercise and performance of their powers and duties as Paying Agents which are not due to their negligence or de- fault, and shall pay their reasonable charges for their services as Paying Agents. The Paying Agents may become the owners of or may dotal in Bonds, as fully and with the same rights as if they ware not Paying Agents. Section 16, Authority of Officers. The Mayor, City Manager, Finance Director and the City Clerk, are, and each of them hereby is authorized and directed to do and perform all things and determine all matters not determined by this Ordinance or to be determined by a subsequent ordinance or resolution of the City, to the end that the City may carry out its obligations under the Bonds and this Ordinance, Section 17, Miscellaneouo, (a) All payments made by the City of, or on account of, the principal of or interoot on the Bonds shall be made on the several Sands ratably and in proportion to the amount due rk CITY OF Kl;NAI, ALASKA ORDINANCE NO. ?ago 19. thereon reapoctively for principal or interest ar3 the cane may be. (b) No recourse s23all be had for the payment of the principal of or the intoroat on the $ondo or for any claim based thereon or on thin Ordinance againcat any member of the City Coun- cil or officer of the City or any person executing the Bonds. The Bonds are not and shall not be in any way a debt or liability of the State of Alaska or of any political subdivision thereof, except the City, and do not and shall not create or conotituto any indebtedness or obligation, either legal, moral or otherwiso, of said State or of any paid political subdivision thereof, ex- cept the City, and neither said State, nor any said political subdivision, except the City, shall be liable on the Bonds, and the Bonds are not and shall not be payable out of any funds other than th000 of the City. Section 18. Sale of Bonds. The Bonds shall be sold at public or private sale, including sale to the Alaska Municipal Bond Bank, upon such terms and conditiono as may be fixed and determined by a resolution adopted by the City Council prior to the time of male. Section 19, Arbitrage Covenant. The City covenants .with the holdors of all Ronda at any time outstanding that it will make no use of the proceedo of the Bonds which will cause the Bonds to be "arbitrage bondo" subject to federal income taxa- CIT" OF KENAI, ALASKA ORDINANCE; NO. Patr{n 20. tion by rfaaaon of Section 103(c) of the Internal Revenue Code of 1954. To that end, so long as any of the Bonds are outstanding, the City, with respect to the proceeds of the Bonds, shall comply with all requirements of said Section 103(c) and of all regula- tions of the United States Department of this Treasury issued thereunder, to the extent that such requirements are, at the -- time, applicable and in affect. Section 20. Variation of Terms. The amount, date, maturities, payment dates and redemption provisions of the Bonds may be varied or changed by the City Council by resolution adop- ted prior to the time of sale. Section 21. Obligation of Bonds. The Bonds shall be direct general obligations of the City and the full faith and credit of the City are hereby pledged to the payment of the prin- cipal of and interest on the Bonds. Section 22, Pledge. The City hereby irrevocably (� pledges and covenants that it will levy and collect taxes upon �Iall taxable property within the City without limitation as to it rate or amount, in amounts sufficient, together with other funds f7. available therefor, to pay principal and interest on the Bonds as the same become due and payable. CITY OF f'ENAI, ALASKA Page 21. if ORDINANCE NO. PASSED by the Council of the City of Kenai, Alaska, this _5.LL day of _.Sa",mbttr , 1984. ATTESTS JANET WHELAN, City Clerk TOM WACCNER, Mayor First Reading: August 27, 1984 Second Reading: September 5, 1984 Effective Date: October 5, 1984 . J i 1 s J Y d . I 1 i CITY OF KENAI 4 40d 62apdW 4 4" 0 0' 210 FIDALOO KENAs, ALASKA "oil ^ -• TtLBPMONs ?�� • 7irs6 NOTICE OF WORK SESSIONS There will. be two joint work sessions of Kenai City Council and Planning 8 Zoning Commission in the Coun�±l Chambers ons Monday, August 27, 1984 at 600 PM (after the special meeting) Wednesday, Sept. 129 1984 at 600 PM (before the regular Planning & Zoning meeting) ' To be discusoeds Capital improvement Projects G Janet Whelan City Clerk OATEOs August 21, 1984 J I i I i yt►c,E �s St; tU c-owg"rw v cT E 0 0� r u&f N tjLw ,44c 11%44T .Coko .A .Co,rvA .s"r...a - _..._.__ t.�s «4s � .� SK%- Mo, Cogs wt k _�+a�i�t_✓ __,...�Obth_.-�. _ _. Y�f . - - -•- -. SD M.� _ __ � l__ tit wO�l�'�'� 17u Si=►- . Skw No VC40