HomeMy WebLinkAbout2018-06-12 Harbor Sub-Committee PacketKENAI HARBOR COMMISSION
ROLES & RESPONSIBILITIES SUB-COMMITTEE MEETING
JUNE 12, 2018 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
http://www.kenai.city
1. CALL TO ORDER
a. Pledge of Allegiance
b. Roll Call
c. Agenda Approval
2. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per
speaker)
3. APPROVAL OF MEETING SUMMARY
a. May 22, 2018 ................................................................................................ Pg. 3
b. May 29, 2018 ................................................................................................ Pg. 5
4. UNFINISHED BUSINESS – None.
5. NEW BUSINESS
a. Discussion – Review of Kenai Municipal Code Title 11 ............................... Pg. 7
b. Discussion – Review of Kenai Municipal Code Chapter 1.90......................Pg. 67
c. Discussion – Identification of Harbor Commission Duties and Responsibilities
....................................................................................................................Pg. 71
6. DISCUSS PURPOSE OF NEXT MEETING
7. NEXT MEETING ATTENDANCE NOTIFICATION – June 26, 2018
8. PUBLIC COMMENTS
9. MEMBER COMMENTS AND QUESTIONS
10. ADJOURNMENT
PLEASE CONTACT US IF YOU WILL NOT BE ABLE TO ATTEND THE MEETING:
KAYLA – 283-8236 JACQUELYN -- 283-8231
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KENAI HARBOR COMMISSION SUB-COMMITTEE
MAY 22, 2018 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
MEETING SUMMARY
1. CALL TO ORDER
a. Pledge of Allegiance
b. Roll Call
Commissioners present: N. DuPerron
Commissioners absent: C. Crandall, M. Dunn
Staff/Council Liaison present: Public Works Assistant K. Feltman, Council Member J.
Glendening
No quorum was present.
c. Agenda Approval
d. Elect Chair and Vice Chair
2. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per
speaker)
3. APPROVAL OF MEETING SUMMARY – None.
4. UNFINISHED BUSINESS - None.
5. NEW BUSINESS
a. Discussion – Background and Purpose
b. Discussion – Identification of Needs of Support from Administration
c. Discussion – Schedule for Next & Subsequent Meetings
6. DISCUSS PURPOSE OF NEXT MEETING
7. SET NEXT MEETING / ATTENDANCE NOTIFICATION
8. PUBLIC COMMENTS
9. MEMBER COMMENTS AND QUESTIONS
10. ADJOURNMENT
Meeting summary prepared and submitted by:
_____________________________________
Jacquelyn Kennedy
Deputy City Clerk
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KENAI HARBOR COMMISSION SUB-COMMITTEE
MAY 29, 2018 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
MEETING SUMMARY
1. CALL TO ORDER
Commissioner DuPerron called the meeting to order at 6:03 p.m.
a. Pledge of Allegiance
Commissioner DuPerron led those assembled in the Pledge of Allegiance.
b. Roll Call
Commissioners present: N. DuPerron, C. Crandall, M. Dunn
Commissioners absent:
Staff/Council Liaison present: Public Works Assistant K. Feltman, Council Member J.
Glendening
A quorum was present.
c. Agenda Approval
MOTION:
Commissioner Dunn MOVED to approve the agenda and Commissioner Crandall SECONDED
the motion. There were no objections; SO ORDERED.
d. Elect Chair and Vice Chair
Commissioner Crandall nominated Commissioner DuPerron for Chair. Commissioner DuPerron
nominated Commissioner Crandall as Vice-Chair. There were no objections.
2. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per
speaker)
3. APPROVAL OF MEETING SUMMARY – None.
4. UNFINISHED BUSINESS - None.
5. NEW BUSINESS
a. Discussion – Background and Purpose
Council Member Glendening noted on the purpose of the Sub-Committee was to determine the
Roles and Responsibilities of the Harbor Commission. He referenced previous City Manager R.
Koch memo summary of roles and responsibility, as provided in a recent Harbor Commission
packet. The Sub-Committee discussed Harbor Commission functions, including: Safety Issues,
the Dock Facility, Bluff Erosion, and Personal Use Fishery. Additional discussion included
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Harbor Sub-Committee Meeting
May 29, 2018
Page 2 of 2
duplicating efforts with the Planning and Zoning Commission on tide land leases, a seasonal
Harbor Master, Corps of Engineers, No-Wake Zones; a review of Kenai Municipal Code (KMC)
Title 11, and land sales and leasing policies.
Council Member Glendening advised members to read the KMC Title 11 prior to the next meeting.
It was noted that the expiration of this sub-committee was December 2018 and the final
recommendations needed to be specific.
b. Discussion – Identification of Needs of Support from Administration
It was noted that Public Works Assistant would be the Administration Support for the Sub-
Committee.
c. Discussion – Schedule for Next & Subsequent Meetings
Dates for the next meetings was discussed and would be scheduled for June 12, June 26, July
24, August 7, and August 21 at 6:00 p.m. It was requested of administration to send calendar
reminders.
6. DISCUSS PURPOSE OF NEXT MEETING
Members discussed reading the handouts in recent Harbor Commission packets, review all of
KMC Title 11, previous City Manager Koch’s memo summary, related Ordinances, and to discuss
all at the next meeting.
7. SET NEXT MEETING / ATTENDANCE NOTIFICATION – June 12, 2018
8. PUBLIC COMMENTS – None.
9. MEMBER COMMENTS AND QUESTIONS
Chair DuPerron thanked everyone for attending the meeting.
10. ADJOURNMENT
There being no further business before the Sub-Committee, the meeting was adjourned at 6:54 p.m.
Meeting summary prepared and submitted by:
_____________________________________
Jacquelyn Kennedy
Deputy City Clerk
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Your Selections | Kenai, AK Page 1 of 59
The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
Title 11
HARBOR AND HARBOR FACILITIES
Chapters:
11.05 Harbor Master
11.10 Harbor Commission
11.15 Tidelands
11.20 Leasing of Tidelands
Chapter 11.05
HARBOR MASTER
Sections:
11.05.010 Harbor Master.
11.05.020 Harbor defined.
11.05.030 Harbor regulations.
11.05.040 Permit for terminal or transportation facilities.
11.05.050 Condition as to equal services and rates.
11.05.060 Investigation of holder—Cancellation.
11.05.070 Facility rates and charges.
11.05.080 Leasing not prohibited.
11.05.090 Use of launch ramp and float.
11.05.100 No wake zones.
11.05.010 Harbor Master.
The Harbor Master, shall be the Public Works Director. The Harbor Master shall be the chief
administrator of the harbor and its facilities. He or she shall have all powers and duties prescribed by
ordinance and the regulations and rates prescribed by the City Manager. In addition, insofar as it is
appropriate, shall have all powers and duties and rates prescribed by the City Manager, subject to
approval by the Council; and, in addition, insofar as it is appropriate, shall have all powers and duties
imposed upon harbor masters, port directors, and administrative heads of harbors and ports by
Federal or State law. (KC 11-4; Ords. 1208, 1405-90)
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
11.05.020 Harbor defined.
The harbor shall embrace all that portion of the Kenai River located within the City of Kenai,
including all tide and submerged lands, whether filled or unfilled, situated below the line of mean
high tide, as may be leased from the State of Alaska. (KC 11-5)
11.05.030 Harbor regulations.
The City Manager is hereby empowered, subject to change by the Council, to make such rules and
regulations required for the operation of the harbor, not in conflict with the provisions of this Code,
and to establish the fees, rates, and charges for the billing and collections for the support of the
harbor, and no person shall fail to comply with any such rule or regulation. (KC 11-6; Ords. 1208,
1405-90)
11.05.040 Permit for terminal or transportation facilities.
(a) All lessees, owners, or occupants of property within the harbor or contiguous to it who wish to
construct or operate terminal or transportation facilities of any kind therein, including, but not limited
to, docks and warehouses, shall apply to the Landscaping/Site Plan Review Board for a permit.
Application therefor shall be made in accordance with regulations described in KMC 14.25, entitled
“Landscaping/Site Plan Regulations,” and shall be accompanied by a plan of the proposed
construction, which shall meet all standards and requirements which may be set forth by the Council.
(b) The applicant shall refer all plans of the type or location of any proposed construction which are
or may be in conflict with the general City plan to the Harbor Commission and the Landscaping/Site
Plan Review Board to determine whether such proposed construction is in keeping with the
objectives of the general plan. The decision of the Landscaping/Site Plan Review Board shall be
binding unless appealed by Council. The Building Official may issue permits upon such terms and
conditions and for such duration as it may deem proper, and no construction may begin or operation
carried on without a permit from the Building Official.
(KC 11-7; Ord. 1208)
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
11.05.050 Condition as to equal services and rates.
It shall be a condition of all permits granted by the City Council that the facilities to be con-structed
and the services to be supplied in connection with them shall be made available to all carriers upon
equal terms, at equal rates, and without discrimination of any kind. (KC 11-8)
11.05.060 Investigation of holder—Cancellation.
The City Council may inquire into the manner in which obligations under the permits issued by it are
carried out, and into the rate schedules and practices of the permit holders for purposes of
determining whether the provisions of the permits are being complied with. It shall have access to
books and records and to terminal and transportation facilities as may be reasonably necessary to
enable it to make such a determination. Should the Council at any time find the permit holder is not
complying with the terms of his or her permit, it may cancel the permit upon such notice and in
accordance with such procedure as it may, by regulation, prescribe. (KC 11-9)
11.05.070 Facility rates and charges.
The City shall fix the rates and charges for the use of any and all terminal or transportation facilities
constructed on property under its jurisdiction, including charges assessed against vessels, their
owners, agents or operators which load or discharge cargo at any of the terminals within the harbor
area; charges for berthage while loading or discharging cargo; charges for administrative expenses
in serving the carrier’s charges for freight handling, loading, unloading and wharf demurrage rates.
Such rates and charges shall be just and reasonable. The rates and charges shall be as set forth in
the City’s schedule of fees adopted by the City Council. (KC 11-10; Ords. 1208, 2528-2011)
11.05.080 Leasing not prohibited.
Nothing in this chapter or in this code of ordinances shall prohibit the City Council from leasing the
docks, dock sites, and other harbor facilities to private persons, firms, and corporations. (KC 11-11)
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
11.05.090 Use of launch ramp and float.
(a) The City of Kenai launching facility shall be open to the public upon reasonable terms and
conditions as provided by regulation.
(b) Failure to pay a boat launch fee for the City of Kenai launching facility set forth according to
KMC 11.05 within one (1) hour of the retrieval of the boat or vessel from the water shall be a
violation punishable by a fine of fifty dollars ($50.00).
(c) It is unlawful to block access to either of the launch ramp or float facilities. “Blocking access”
means leaving a boat, trailer, or vehicle upon the launch ramp or float in such a position as to
prevent the launching or retrieval of boats.
(d) Person blocking access to the ramp or float facilities shall be subject to a civil penalty as
provided in KMC 13.05.010(b).
(e) Each one (1) hour period for which the ramp or float is blocked shall be considered a separate
offense for the purposes of civil penalties.
(Ords. 1255-88, 1597-94)
11.05.100 No wake zones.
(a) The City Manager, subject to change by the Council, is authorized to establish no wake zones
within the Kenai Harbor outside of the Kenai River Special Management Area as needed to protect
public and private property, and/or public safety.
(b) No wake zones may be established on a temporary or permanent basis.
(c) A “no wake zone” is defined as a zone where no person may operate a boat at a speed greater
than five (5) miles per hour.
(d) Established no wake zones shall be marked with appropriate signage in a manner to provide
reasonable public notice.
(e) A violation of this section shall be punishable as provided in KMC 13.05.010.
(Ord. 2749-2014)
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
Chapter 11.10
HARBOR COMMISSION
Sections:
11.10.010 Duties and powers.
11.10.010 Duties and powers.
(a) The Commission shall be required to do the following:
(1) Develop, adopt, alter, or revise, subject to approval by the City Council, a master plan for
the physical development of harbor or port facilities for the City. Such master plan with
accompanying maps, plats, charts, descriptive, and explanatory matter, shall show the
Commission’s recommendations for the development of the City Harbor facilities may include,
among other things:
(i) development of the type, location, and sequence of all public harbor facilities;
(ii) the relocation, removal, extension, or change of use of existing harbor facilities;
(2) Submit annually to the City Manager and Council, not less than ninety (90) days prior to the
beginning of the budget year, a list of the recommended capital improvements which, in the
opinion of the Commission, are necessary or desirable to be constructed during the forthcoming
three (3) year period. Such list shall be arranged in order of preference, with recommendations
as to which projects shall be constructed in which year.
(3) Make investigations regarding any matter related to City harbor facilities, tide or submerged
lands. Make recommendations to the Council relative to the care, control, and development of
tide and submerged lands.
(4) Act in the capacity as directed and authorized by a tidelands ordinance adopted by the City.
(5) Review all City leases of City-owned tide, submerged, and lands or navigable waters within
the City, and as to the planned improvements proposed and make recommendations to the City
Council.
(6) Make and prepare reports and plans for approval by the City Council.
(7) Coordinate public efforts, individual and group, to the effectuation of approved plans.
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
(8) Shall act in advisory capacity in the selection of a Harbor Director should such a position be
created by the City Council.
(Ords. 474, 1161, 1802-98)
Chapter 11.15
TIDELANDS
Sections:
11.15.010 Short title.
11.15.020 Definitions.
11.15.030 Approval and acceptance of State conveyance.
11.15.040 Approval and adoption of subdivision plat.
11.15.050 Time and places of posting plat.
11.15.060 Publication of notice of posting plat and plat and passage of ordinance.
11.15.070 Time in which applications will be accepted for filing.
11.15.080 Procedure for filing applications.
11.15.090 Initial review by Commission.
11.15.100 Preliminary plat.
11.15.110 Preliminary plat requirements.
11.15.120 Survey procedure.
11.15.130 Procedure on final plat.
11.15.140 Final plat requirements.
11.15.150 Deposits for costs prerequisite to filing.
11.15.160 Additional costs in certain cases.
11.15.170 Procedures for processing filed applications.
11.15.180 Appraisal.
11.15.190 Review by City Engineer.
11.15.200 Recommended approval by Commission.
11.15.210 Processing of approved applications by Clerk and notice to public.
11.15.220 Deeds—Permanent register.
11.15.230 Special proceedings for disputed claims.
11.15.240 Proceedings for determination by Council of all disputes.
11.15.250 Determination upon stipulation of facts.
11.15.260 Rejection of protests other than by applicant.
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
11.15.270 Handling of deposit and purchase funds.
11.15.280 Forfeiture of preference rights.
11.15.290 Forms.
11.15.010 Short title.
This ordinance shall be known as the “Kenai Tidelands Ordinance.”
11.15.020 Definitions.
For the purpose of this ordinance, the terms defined herein shall have the meaning provided unless
the context requires otherwise:
(a) “Alaska” means the State of Alaska.
(b) “Agricultural Lands” means tidelands chiefly valuable for agricultural purposes.
(c) “Assessor” means the Assessor of the City of Kenai, Alaska, or other individual designated by
the City Manager to perform the functions herein assigned to the Assessor.
(d) “City” means the City of Kenai, Alaska.
(e) “City Engineer” means the City Engineer of the City, or other city official designated to perform
the functions herein assigned to the City Engineer.
(f) “Class I Preference Right” means the right extended to persons who occupied or developed tide
or submerged lands seaward of a surveyed townsite on and prior to September 7, 1957, and who
have executed a waiver to the City and State of all rights such occupant may have had pursuant to
Public Law 85-303. Upon execution of the waiver, such persons or their successors in interest, have
the right to acquire such occupied or developed tide or submerged lands from the City for
consideration of the costs of survey, and transferring and conveying the title.
(g) “Class II Preference Right” means the right extended to Class I preference right claimants who
refuse to execute a waiver to the City of any rights such occupants may have acquired pursuant to
Public Law 85-303. It shall be mandatory for the City to expeditiously honor the application from the
occupant after the Secretary of the Army has submitted to the Secretary of the Interior and Governor
of the State maps showing the pierhead line established by the Corps of Engineers with respect to
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
the tract so granted. The most expeditious method of securing title to such lands is to execute the
waiver of Class II rights and proceed to apply for title under a Class I preference right.
(i) “Class III Preference Right” means the right extended to persons who occupied or developed
tide or submerged lands after September 7, 1957, and who continued to occupy the same on
January 3, 1959. Such persons, or their successors, have the right to acquire such occupied or
developed tide or submerged lands for a consideration not to exceed the costs of appraisal, and the
administering and transferring, including survey, together with the appraised fair market value
thereof, exclusive of any value occurring from improvements or development, such as fill material,
building, or structures thereon.
(j) “Clerk” means the Clerk of the City.
(k) “Commission” means the City of Kenai Advisory Harbor Commission.
(l) “Director” means the Director of Lands, State of Alaska.
(m) “Director’s Line” means a line seaward of the City, approved by the Director, with the
concurrence of the Commissioner of Natural Resources, State of Alaska, seaward of all tide and
submerged lands occupied or suitable for occupation and development without unreasonable
interference with navigation.
(n) “Fair Market Value” means the highest price, described in terms of money, which the property
would bring if exposed for sale for a reasonable time in the open market, with a seller, willing but not
forced to sell, and a buyer, willing but not forced to buy, both being fully informed of all the purposes
for which the property is best adapted or could be used.
(o) “Fill” shall mean earth, gravel, rock, sand, or other similar materials placed upon tide or
contiguous submerged lands to a height above the high water line for the purpose of elevating the
lands for a special useful purpose. Earth, gravel, rock, sand, or other similar materials, placed on
tide or contiguous submerged land solely for the purpose of spoils disposal shall not be considered
fill unless such fill was used for useful and beneficial purpose on and prior to January 3, 1959.
(p) “Hearings Officer” means that City official employed to hear disputes between claimants,
summarize the testimony, attempt to reach stipulations of fact between the parties, assemble the
record of the dispute, and submit the same to the Council for determination.
(q) “Improvements” means buildings, wharves, piers, dry docks, and other similar types of
structures permanently fixed to the tide or contiguous submerged lands that were constructed and/or
maintained by the applicant for business, commercial, recreation, residential, or other beneficial uses
or purposes. Floats secured by guide piles used as floating wharves, where access is provided to
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
the shore, shall be improvements within the meaning of this section, and fill material not actually in
place to above the line of mean high tide of January 3, 1959 and actually utilized for beneficial
purposes on January 3, 1959 by the applicant shall be considered a permanent improvement, but in
no event shall fill be considered a permanent improvement when placed on the tidelands solely for
the purpose of disposing of waste or spoils. Fill material not utilized for a beneficial purpose on and
prior to January 3, 1959, and fill material not actually in place to above the line mean high tide on
January 3, 1959 shall not be the basis for an application, nor shall it be included in any application,
for the exercise of preference rights hereunder.
(r) “Industrial and Commercial Lands” means tide lands chiefly valuable for industrial,
manufacturing, or commercial purposes.
(s) “Kenai” means the City of Kenai, Alaska.
(t) “Manager” means the Manager of the City of Kenai, Alaska.
(u) “Mean High Tide” at any place subject to tidal influence shall be interpreted as the tidal datum
plane derived from averaging all the high waters observed at that place over a period of nineteen
(19) years. Mean high water shall be interpreted to be as the intersection of the datum place of mean
high water with the shore.
(v) “Mean Low Tide” shall be interpreted to be mean lower low water which is the mean of the lower
of the two low waters of each day for a tidal cycle of nineteen (19) years.
(w) “Occupant” means any person as defined herein, or his successor in interest, who actually
occupied for any business, residential, or other beneficial purpose, tide or submerged land, within
the conveyance of such by the State to the City, on or prior to January 3, 1959, with substantial
permanent improvements. No person shall be considered an occupant by reason of having:
(1) Placed a fish trap in position for operation or storage upon the tide, shore, or submerged
land;
(2) Placed a set net or piling therefor or any other device or facility for taking of fish;
(3) Placed pilings or dolphins for long storage or other moorage;
(4) Placed telephone, power, or other transmission facilities, roads, trails, or other contiguous
submerged lands; or
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
(5) Claimed the land by virtue of some form of constructive occupancy. Where land is occupied
by a person other than the owner of the improvements thereon, the owner of the improvements
shall, for the purpose of this ordinance, be considered the occupant of such lands.
(x) “Occupied or Developed” means the actual use, control, and occupancy, but not necessarily
residence, of the tide or submerged land by the establishment thereon of substantial permanent
improvements.
(y) “Ordinance” means the Kenai Tidelands Ordinance.
(z) “Park and Recreation Lands” means tidelands chiefly valuable for public park and recreation
use, including scenic overlooks.
(aa) “Person” means any person, firm, corporation, cooperative association, partnership or other
entity legally capable of owning land or any interest therein.
(bb) “Pierhead Line” is a line fixed by the Corps of Engineers roughly parallel to the existing line of
mean low tide at such distance offshore therefrom that said pierhead line shall encompass landward
all stationary, manmade structures under the authority of Public Law 85-303.
(cc) “Preference Right” subject to the classifications thereof herein established means the right of
an occupant to acquire by grant, purchase, or otherwise, at the election of the occupant, except as
otherwise limited or prescribed in this Ordinance, any lot, piece, parcel, or tract of tideland or
submerged land occupied or developed by such occupant on and prior to January 3, 1959.
(dd) “State” means the State of Alaska.
(ee) “Submerged Lands” means land covered by tidal waters between the line of mean low water
and seaward to a distance of three (3) geographical miles, in their natural state, without being
affected by manmade structures, fill, and so forth.
(ff) “Substantial Permanent Improvements” shall for the purposes of the Ordinance have the same
meaning as Improvements, as herein defined.
(gg) “Tidelands” means lands periodically covered by tidal waters between the elevations of mean
high tide and mean low tides, without regard to artificial interference with tidal flows caused by
manmade structures, breakwaters, fill, and the like. When used in this ordinance, it shall also include
submerged lands conveyed by the State to the City.
(hh) “Tidelands Subdivision Plat” is that certain plat of subdivision of tidelands and submerged
lands conveyed by the State to the City made by H.H. Galliett, Jr., Registered Engineer, dated
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
December, 1968, known as Alaska Tidelands Survey No. 272 and filed as 76-179 in the Kenai
Recording District showing all structures and improvements thereon and the boundaries of each
tract occupied or developed, together with the name of the owner or claimant thereof, including
within the boundaries of each tract occupied or developed such surrounding tide and submerged
lands as shall be reasonably necessary in the opinion of the Council for the use and enjoyment of
the structures and improvements thereon by the owner or claimant, but shall not include any tide or
submerged lands which if granted to such occupant, would unjustly deprive any occupant of
adjoining lands from his reasonable use and enjoyment thereof.
11.15.030 Approval and acceptance of State conveyance.
The conveyance by the State to the City, dated January 6, 1977 of tidelands and submerged lands
lying seaward of the City is hereby approved and accepted and the lands therein are hereby
declared incorporated into the limits of the City.
11.15.040 Approval and adoption of subdivision plat.
The Tidelands Subdivision Plat, hereinafter called “Plat” is hereby approved and adopted as the
official Tidelands Subdivision Plat of the City of Kenai, Alaska, of tide and submerged lands
conveyed by the State to the City by conveyance dated January 6, 1977. Said Alaska Tidelands
Survey is numbered 272 and is filed under 76-179 in the Kenai Recording District.
11.15.050 Time and places of posting plat.
Said Plat shall be posted for a period of not less than sixty (60) days, commencing with the date
following the date of final passage of this ordinance, in the office of the Clerk, City Hall Building.
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
11.15.060 Publication of notice of posting plat and plat and passage of
ordinance.
The Clerk shall cause to be issued and published once a week for four weeks, in a newspaper of
general circulation in the City, commencing the day after the date of final passage of this ordinance,
a notice of the posting of said plat containing the following statements:
(a) Time and place of posting.
(b) The day of final passage and the effective date of this ordinance which adopts the plat as the
official Tidelands Subdivision Plat of the tide and submerged lands conveyed by the State to the City
on January 6, 1977.
(c) That any and all persons having or claiming preference rights provided by law and as herein
defined to any part or parts of the subdivided land embraced within the boundaries of said Plat, who
fail to apply to exercise such rights under the provisions of this ordinance within two (2) years from
and after October 6, 1979, which is hereby declared to be the date upon which applications therefor
will be first accepted by the City, shall have forfeited their preference rights provided by law and this
ordinance.
(d) That this Ordinance was enacted to protect occupants having preference rights, to afford due
process of law, to provide procedures for applying for exercise of preference rights, for hearing and
adjudicating adverse claims, and for conveying title to occupants holding preference rights defined
by law and this ordinance.
(e) That copies of this ordinance and application forms are available at the office of the Clerk of the
City.
(Ord. 455-78)
11.15.070 Time in which applications will be accepted for filing.
Application forms, in substantially the form set forth in KMC 11.15.290(a) will be accepted for filing
one business day after the effective date of this ordinance, and ending two calendar years thereafter
and at the close of business at 5:00 p.m., after which no application forms will be furnished and after
which no applications will be accepted for filing. (Ord. 455-78)
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
11.15.080 Procedure for filing applications.
Applications shall be submitted, and will be received for filing, only for the purpose of claiming
preference rights herein defined to the tidelands conveyed to the City by the State.
(a) Application forms will be provided by the Clerk without charge at the City Clerk’s office in the
City Hall Building.
(b) Applications must be submitted in triplicate.
(c) Applications not clearly legible nor properly completed and certified by the applicant will not be
accepted for filing. Since the fact alleged may be used in hearings of disputes their truth must be
certified. The facts alleged will also be the basis for the conveyances of valuable property. Willful
and deliberate misstatements of fact will be equivalent to attempting to obtain valuable public
property by misrepresentation and may be prosecuted as obtaining property under false pretenses.
(d) Applications may be mailed to the City Clerk, P.O. Box 580, Kenai, Alaska, 99611, with the
proper deposit computed according to the nature of the application made. Applications properly
completed accompanied with the proper deposit will be stamped with the time and date of filing and
signed by the person accepting the deposit. The triplicate copy will then be delivered to the
applicant, or mailed to him if a return envelope with postage affixed is furnished or delivered to the
City Clerk, City Administration Offices, Airport Terminal Building, Kenai, Alaska.
(e) Any application for a deed based on an asserted right other than a preference right shall be
rejected.
(f) Any applications not waiving the Class II preference right shall be filed by the Clerk, together
with all others of like nature, to await the official promulgation of the pierhead line. Thereafter such
applications shall be processed as applications under the Class I rights.
(g) Applications not accompanied by the proper deposit for costs shall be rejected.
(Ord. 455-78)
11.15.090 Initial review by Commission.
After initial review of the application by the Commission, the applicant shall have prepared at his own
cost a preliminary and final plat as described in the following section. (Ord. 455-78)
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
11.15.100 Preliminary plat.
(a) The applicant shall prepare, or have prepared, a preliminary plat of the tide, shore, or
submerged lands which he claims. This plat shall comply with the requirements hereinafter set forth.
(b) The purpose of a preliminary plat is to afford the occupant an opportunity of receiving
preliminary review and prevent the unnecessary expenditure of money and time that would be
necessitated if major changes were required.
(c) The applicant must file his application accompanied by four black or blue-lined plats of the
layout.
(d) The Commission shall forward the preliminary plat to an engineer to be designated by the
Commission, who shall report to the Commission his approval or disapproval of the plat for technical
or engineering reasons and the Commission shall, within ninety (90) days after submission of the
preliminary plat, notify the applicant of the tentative approval or disapproval of the plat and his
reasons therefor.
(e) Conditional approval of the preliminary plat shall not constitute approval of the final plat. Rather,
it shall be deemed an expression of approval as a guide to preparation of the final plat.
(Ord. 455-78)
11.15.110 Preliminary plat requirements.
The Preliminary Plat shall show the following information:
(a) Legal description of location to include latitude and longitude to the nearest minute at one
corner of the survey and the total acres of the area occupied or claimed.
(b) Name and address of applicant and name of land surveyor, if any, who prepared the preliminary
layout.
(c) The horizontal scale shall be 100’ to the inch unless otherwise approved by the Commission.
(d) Date of preparation and North Point.
(e) The horizontal scale shall be 100’ to the inch unless otherwise approved by the Commission.
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
(f) The location of all roads within 200’ of the tract, fill material, existing permanent buildings, or
other structures within the parcel, existing utility lines, mean high and low tide lines with reference to
permanent structures and other permanent features such as section lines, and such other
information as may be requested by the City.
(g) Space for approval and/or comment by the Commission.
(h) The names of adjacent owners or claimants, if any, other than the City.
(i) Adjacent U.S. Surveys, if any, giving the number of the Survey.
(j) A vicinity sketch or key map should be shown on the preliminary layout. The scale shall not be
less than one-half inch to the mile. The relative location of the parcel being applied for, the principal
road systems and section or special survey lines shall also be shown.
11.15.120 Survey procedure.
Wherever feasible, data as set forth in ATS 272, recorded in the Kenai Recording District as 76-179
shall be used. Where additional data is required the following procedures shall govern:
(a) Determining the line of mean high tide.
(1) In the case of U.S. Survey which abuts the tidelands, such U.S. Survey being made prior to
the date of statehood, the line of mean high tide shall be construed to be either the meander
lines established on the seaward side of the U.S. Survey or the line as defined under Section
2(s) of these regulations, whichever is the lower.
(2) For tidelands surveys abutting any U.S. Survey made after the date of statehood or in any
location where no uplands survey exists, the line of mean high tide shall be determined by using
U.S.C. & G.S. Bench Marks (or any other bench marks which have been established from that
source), and tide table datum. The upland boundary need not follow this line in its entire
exactness, but may follow in a “meander” or “average” line of mean high tide. Each end of the
boundary should be established on the elevation of mean high tide. Provided, however, that
where the true line of mean high tide has been altered by fill or artificial accretion, the line of
high tide as it existed prior to such alteration shall govern.
(3) In the case that no U.S.C. & G.S. Bench Mark exists within one mile of the property being
surveyed, the surveyor may, by using the tide tables for the immediate body of water, and
applying tidal readings he has taken, determine the line of mean high tide and use it in
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Your Selections | Kenai, AK Page 16 of 59
The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
accordance with Paragraph (2) of this section. In some cases, such as salt or mud flat areas
where the average grade of the bench is ten percent (10%) or less and determining the
elevation of the line of mean high tide could create a lengthy horizontal distance, the City
Council may require that the true line of mean high tide be established, regardless of the
distance from a known bench mark.
(b) Method of establishing side boundary lines.
(1) In fixing the side boundary lines, the general rules of extending Riparian Boundary Lines,
as outlined by such authors as Rayner, Clark or Brown, shall be followed. In the event that
actual occupancy does not match the Riparian Boundaries, the survey shall be made to include
the occupant’s holdings and not to encroach on the adjoining occupant.
(Ord. 455-78)
11.15.130 Procedure on final plat.
(a) The final plat shall conform substantially to the preliminary layout as approved by the
Commission.
(b) The final plat shall be submitted to the City Clerk on good quality tracing cloth, in ink, or mylars
together with five prints.
(c) The final plat shall be drawn to scale of 1” equals 100’, with an option of using 1” equals 20’ or
40’, on sheets of one of three sizes: 18” x 24”, 31 1/2” x 34”, or 22” x 36”, unless otherwise approved
by the Commission. When more than one sheet is required, an index shall be filed showing the
entire parcel with the sheets in numerical order, and each sheet showing the total number, i.e., sheet
1 of 3. When more than one sheet is submitted, only the last must have the approval blocks, but all
sheets must be the same size.
(d) When the final plat has been approved by the Commission, one copy shall be sent, along with
the deed to the property, to the Magistrate of the Recording District in which the tract lies for official
recording. Special instructions shall be sent to the Magistrate instructing him to send the deed to the
occupant after recording. One copy of the plat will be returned to the occupant. The original tracing
containing the certification by the Commission will be retained by the City. Prints or duplicate
transparencies will be furnished at cost of reproduction.
(Ord. 455-78)
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
11.15.140 Final plat requirements.
(a) The final plat shall include all information required on the preliminary plat.
(b) The final plat must represent an actual survey made by a person who has been qualified by the
State of Alaska, Board of Engineers & Architects Examiners to practice land surveying in the State of
Alaska.
(c) In addition thereto, the following information shall be shown on the final plat:
(1) Boundary lines of the parcel with length and bearings which must close within the limits of
one to 5,000. If the seaward limits of the survey falls within the line of mean low tide, the
seaward boundary must represent lines actually established by the surveyor.
(2) All easements as required by the City.
(3) Basis of bearings used.
(4) A properly labeled legend showing monuments as found or established.
(5) The course of the shoreline for an additional 400’ from each side of the survey.
(d) Monuments.
(1) Minimum requirements: Monuments shall consist of a 1 1/2” galvanized iron pipe, 30 or
more inches long. This pipe shall have a four-inch flange across the bottom and shall be filled
with concrete. Firmly emplaced in the concrete at the top shall be a brass or bronze cap. The
pipe shall be thoroughly tamped when set.
(2) The brass or bronze cap shall have a minimum of two-inch diameter across the top and
3/4” by 2 1/2” shank. Each cap shall be marked in accordance with the Manual of Surveying
instructions as compiled by the Bureau of Land Management and shall also show the
registration number of the surveyor.
(3) Where impracticable to set an iron pipe monument, a tablet containing a minimum of one
thousand (1,000) cubic inches of concrete and a brass or bronze cap marking the actual corner
point may be used. Should the point for a corner be in a place which would be impracticable to
monument, witness corners shall be set in a safe place on the survey boundary line or have two
(2) reference monuments set. The monuments on the uplands side of the survey shall be
referenced to bearing objects, such as trees, rocks, piling, buildings, etc., or have two (2)
reference monuments set marking the corner.
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
(e) These references may be shown on the plat of survey or may be listed separately on a plat as
described under KMC 11.15.130(c).
(1) Unless otherwise approved by the City Council, each survey shall have at least four (4)
monuments, each fully described in the plat of survey. It is desirable but not mandatory that
monuments be set at all exterior angle points of the parcel. The line of sight between adjacent
monuments shall be unobstructed. The distance between adjacent monuments shall not exceed
one thousand three hundred twenty feet (1,320′). No part of the parcel shall be farther than one
thousand three hundred twenty feet (1,320′) from a monument unless otherwise approved by
the City Council.
(2) If the point for the seaward corner falls in an unsafe place, a witness corner shall be
established on the side boundary line.
(f) Relationship to Known Monument.
(1) Bearings of all lines shall be referred to the true meridian. The magnetic needle may not be
used for this purpose. Bearings shall be obtained by deflection from existing official surveys at
the G.L.O., B.L.M., U.S.C., and G.S., U.S.G.S., the Alaska Division of Lands, or monuments
with proper identification which are delineated on recorded plats, unless otherwise provided for
in these regulations.
(2) True bearings and distances to the nearest established survey lines, such as those listed
previously, which shall be accurately described on the plat, shall be shown.
11.15.150 Deposits for costs prerequisite to filing.
The application form will assist the applicant in determining the proper costs to advance, which will
depend upon the nature of the right claimed. In all cases a filing fee as set forth in the City’s
schedule of fees adopted by the City Council shall be required. Survey costs depend upon the area
claimed at a per foot rate as set forth in the City’s schedule of fees. If the area claimed is different
from the lot as it appears on the plat, the applicant shall show the measurements of the additional or
lesser area claimed and compute and pay the different survey cost accordingly. Transfer costs will
be the same in all cases. They cover the cost of time estimated to be required to examine, process,
and approve the application, as well as to prepare and execute the deed, publish notice, give notice
of additional costs, if any, and give notice to applicant. In all cases, transfer costs will be in an
amount as set forth in the City’s schedule of fees adopted by the City Council. Deposit for appraisal
costs will be required in all cases of Class III preference rights, or where another asserted right is
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Your Selections | Kenai, AK Page 19 of 59
The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
determined by the Council to be a Class III right. Appraisal costs shall depend upon the area
involved and the complexity of the appraisal sought. Where required as a deposit, the minimum and
maximum deposit for the appraisal fee shall be as set forth in the City’s schedule of fees. (Ords.
455-78, 2528-2011)
11.15.160 Additional costs in certain cases.
Aside from deposits required at the time of filing applications, additional costs will be required to be
paid prior to hearings where disputes require hearings, and for cost of land under a Class III right as
well as appraisal thereof when a preference right sought to be exercised is determined to be a Class
III right, as follows:
(a) When the area claimed does not comply with the boundaries of the lot shown on the plat, it is
necessary to have a hearing to establish the validity of the right claimed and whether it is necessary
for the plat to be changed to comply with the application. This may require notice to be given to
adjacent occupants interested in the difference between the lands claimed and land as shown on the
plat so that all parties in interest may be heard at the hearing.
(b) When applications conflict with the same area or portions thereof, it shall be necessary to
conduct a hearing to determine the fact and the issue in question. Conflicting claims will be carefully
scrutinized and each disputing party will bear the burden of proving facts sufficient to establish the
validity of his or her claim.
(c) The party filing an application conflicting with a claim previously filed shall be required to deposit
hearings costs in the amount of one hundred dollars ($100.00). If the conflict is not known at the time
of filing, the applicant shall be advised of the conflict as soon as it is known and of the need to
deposit the hearing cost deposit.
(d) The applicant who after hearing and determination by the Council is determined to have claimed
the land of another shall be the party to bear the cost of the hearing. If such party did not deposit
such costs, no deed shall be delivered to him or her until the cost is paid. Where the depositor is the
prevailing party, the hearing cost deposited shall be refunded to him or her by the City.
(e) When title by Class III preference right is claimed, the applicant shall be required to deposit the
appraised purchase price after appraisal has been made and the purchase price has been so
determined. The same procedure will be applied when no application under another Class of right is
sought but is determined that the only available right to the applicant is a Class III right.
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Your Selections | Kenai, AK Page 20 of 59
The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
(f) When a preference right is sought to be exercised other than a Class III right and such right is
determined to be a Class right, then the applicant shall be required to deposit the estimated cost of
appraising the property claimed.
(g) The applicant who receives the deed from the City shall at his or her own cost bear the cost of
recording the deed.
(Ord. 455-78)
11.15.170 Procedures for processing filed applications.
The Clerk shall cause the following procedures to be carried out:
(a) All copies of applications accepted for filing shall be stamped with time and date of filing and an
application number in chronological order of filing.
(b) All original applications shall be filed in a permanent register and the names of the applicants
entered in an alphabetical index which shall be a permanent part of such register.
(c) The application register shall be available for public inspection during office hours of the Clerk
except when in actual use for filing and indexing.
(d) Certified copies of all applications shall be prepared for all persons upon request upon their
paying two dollars ($2.00) per page for copies of said applications and any attachments forming a
part thereof.
(e) Processing of Duplicate Applications. The third copy of the application will be returned to the
applicant as his or her record and as receipt for deposit made, or mailed to applicant if he or she has
provided a return envelope. The second copy shall be the working file copy to be handled and
processed as follows:
(1) Applications to exercise Class I preference rights having waivers attached and which apply
for lands which comply with the plat with respect to area and boundary locations shall be
transmitted to the City Engineer for handling as provided in KMC 11.15.190. Applications to
exercise Class I preference rights which do not have waivers attached, irrespective of whether
the lands applied for comply with the plat shall be segregated for handling in the same manner
as Class II preference right applications.
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
(2) Applications to exercise Class I preference rights having waivers attached, and which claim
lands which do not comply with the Plat with respect to area and boundary locations, shall be
transmitted to the City Engineer for handling as provided in KMC 11.15.190 and further
processing as provided in KMC 11.15.220.
(3) Applications to exercise Class II preference rights shall be segregated and kept with Class I
preference right applications not having waivers attached. All such applications shall be held in
abeyance by the City until such time as the pierhead line is established by the Corps of
Engineers, whereupon such applications shall be promptly honored and processed in the
manner herein described for Class I preference right applications, where waivers are attached.
(4) Applications to exercise Class III preference rights, and all applications determined in whole
or in part to be Class III, shall be transmitted to the Assessor for appraisal as provided in KMC
11.15.180.
(5) No applications which combine Class I, Class II, and Class III, or any combination of such
preference rights, will be accepted for filing. Any such application presented for filing shall be
returned to the applicant for revision into two or more applications, each of which will apply for
land under only one type of preference right.
(6) An application to exercise one class of preference right which in part complies with the Plat
with respect to area and boundary locations, but does not wholly comply with the Plat in such
respects, shall be treated as if no part of the application so complies with the Plat and shall be
processed for contest hearing.
(Ord. 455-78)
11.15.180 Appraisal.
All applications for Class II preference rights shall be transmitted to a professional appraiser for
appraisal. His appraisal shall be made on a form prepared in duplicate, the original of which shall be
attached to the application and the duplicate of which shall be retained for his records. Applications
when appraised shall be transmitted to the City Engineer for further processing. (Ord. 455-78)
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Your Selections | Kenai, AK Page 22 of 59
The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
11.15.190 Review by City Engineer.
All applications being ready for processing shall be reviewed by the City Engineer. Upon review and
comparison with the Plat, he shall make his request to the Harbor Commission giving a copy thereof
to the applicant as to whether or not the application seeks to exercise a preference right to land
which is described on the Plat, and complies with it in respect to area and boundary locations.
11.15.200 Recommended approval by Commission.
The Kenai Advisory Harbor Commission shall review all applications for tidelands upon the
submission of the City Engineer’s report. The Commission may conduct public hearings to verify the
validity of the applicant’s claim and request additional evidence by way of affidavits and the like in
order to come to recommend said claim for approval by the City Council notifying applicant thereof
by mail sent to the address stated on his application. The Commission may provide a check-off list to
aid it in considering applications. The City Council shall consider for approval the claim of the
applicant within the time limitations and with the right of appeal given pursuant to KMC 11.15.240.
(Ord. 455-78)
11.15.210 Processing of approved applications by Clerk and notice to
public.
All applications returned to the Clerk approved by the City Engineer, and appraised by the Assessor
if required, shall be processed by the Clerk in the following manner:
(a) The Clerk shall ascertain if the deposit made by the applicant is sufficient to pay all known and
estimated costs of survey, appraisal, transfer, and purchase, if of Class III and if not, to advise the
applicant that the reminder due shall be deposited with the Clerk before further processing.
(b) If or when the deposit is sufficient to pay all such costs, the Clerk shall cause to be published
once a week for four weeks, in a newspaper of general circulation in the City, the following:
(1) Notice of the names of the applicant(s), the Block and Lot numbers of the property claimed
according to Plat designations;
(2) The preference right claimed;
(3) The improvements made;
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
(4) The length of time (including the dates) the applicant occupied the land; and
(c) If Class III its appraised value, and that the City will issue to the applicant(s) its Deed therefor
within thirty (30) days after the last date of publication, provided that before date of last publication
no adverse application or claim has been filed with the City.
(d) During said period of publication, the applications thereof shall be returned to the City Engineer
who, at the end of said period of publication, shall note on the application whether or not any
adverse claims have been filed for the land in question.
(e) If adverse claims have been filed, the applications shall be further processed for hearing. If no
adverse claims have been filed, the respective applications shall be returned to the Clerk.
(Ord. 455-78)
11.15.220 Deeds—Permanent register.
The Clerk shall then cause to be prepared a Quit-Claim deed conveying such land to the applicant(s)
that the City has and transmit the Quit-Claim Deed to the Manager for execution. Notice shall then
be sent to the applicant to take delivery of said Deed at the office of the Clerk, who shall deliver the
same to the applicant if all requirements have been met and all costs, including purchase price, if
required, have been paid. Duplicate originals of all executed Deeds shall be kept in the office of the
Clerk in a permanent register entitled “Kenai Tidelands Deeds” with permanent alphabetical index of
grantees. (Ord. 455-78)
11.15.230 Special proceedings for disputed claims.
The Commission shall sit as a quasi adjudicatory body to set disputes for hearing and hear the
evidence under oath of the parties to the disputes. Proceedings shall be informally conducted but
testimony taken under oath, and notice of the proceedings shall be given to the disputing parties.
Their object shall be to determine without delay the respective basis of the conflicting claims. Upon
the submission of each dispute, the Commission shall prepare a short summary on the conflicting
claims and the evidence submitted in support thereof, together with their written findings of fact, and
conclusions of law. (Ord. 455-78)
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
11.15.240 Proceedings for determination by Council of all disputes.
Upon receipt of the working files in all cases of disputes, and the summary of the Hearings Officer,
together with copies of notices of hearings served upon or mailed to all parties to the dispute, the
Council shall set the dispute of Hearing and determination, and cause notice to be served on all
parties. Upon the Council having heard the dispute it shall enter its ruling thereon as quickly as
possible, but not later than ten (10) days after the matter is submitted. Aggrieved persons shall have
the right of appeal to the Superior court, within thirty (30) days after the ruling of the Council is
rendered. (Ord. 455-78)
11.15.250 Determination upon stipulation of facts.
Wherever possible, to reach agreement of the parties at hearings before the Commission, a
stipulation of facts shall be prepared and agreed upon by the parties. Where this is done, the
Commission shall prepare and attach its conclusions of law and submit the file to the City Engineer
to determine if the City’s interests are affected by the stipulation, or if a boundary change is required
and no third party or City interests are affected adversely by the proposed change in boundaries of
lots shown on the Plat, upon approval of the Council the Plat shall be directed to be changed.
Should it be determined by the City Engineer that the stipulation adversely affects the interest of the
City or those of third parties, the dispute shall be returned to the Commission for further proceedings
upon notice given. (Ord. 455-78)
11.15.260 Rejection of protests other than by applicant.
No objections will be received to proposed issuance by Deed by the City on publication of notice
thereof, nor will any person be permitted to appear and be heard at any hearing of a dispute before
the Commission or the Council, unless such objector or person is an applicant for preference rights
of Class I or II and has filed an application with the Clerk. The foregoing shall not prevent the
appearances before the Commission or Council of witnesses appearing on behalf of the parties in
dispute or persons called by the Commission or Council who may have personal knowledge
concerning the verification of claims. (Ord. 455-78)
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
11.15.270 Handling of deposit and purchase funds.
(a) All funds received as deposits with applications for costs or purchase price for tidelands shall be
deposited by the Finance Director in the General Fund. Such deposits will be credited by the
Finance Director as follows:
(1) Survey Costs - as a credit to disbursements made by the City for costs of preparing the
Tidelands Subdivision Plat.
(2) Transfer Costs - to administrative costs as deeds are issued.
(3) Appraisal Costs - to administrative costs as earned, or as credit to appraisal costs incurred.
(b) Purchase Costs of Class II Lands—shall be credited to a separate account in the General Fund
to pay for improvements in tidelands areas consisting of fill, street, sidewalk, and sewer
improvements.
(Ord. 455-78)
11.15.280 Forfeiture of preference rights.
Any occupant, owner, or holder of preference rights as herein defined, who has not applied to the
City for title thereto as herein provided, on or before two (2) years after the date applications to
exercise preference rights will be accepted for filing by the City under this ordinance, by a properly
completed application duly filed with the Clerk and accompanied by the required deposit, shall have
forfeited his right to assert this preference rights and acquire title to tidelands subject thereto from
the City; and such tidelands and contiguous submerged lands subject to such unused preference
rights shall thereafter be free and clear of all claims to preference rights and the City shall have no
obligation to convey the same to any person or persons whosoever, and said land shall then be and
remain the property of the City and be subject to such disposition as provided for by law or
ordinance. (Ord. 455-78)
11.15.290 Forms.
The Clerk shall cause to be printed application forms and other forms for use in processing the same
in substantially the following form:
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
(a)
APPLICATION FOR TIDELAND
PREFERENCE RIGHTS
Name _______________________ Application No. __________
Home Address
Post Office Address
Mark X to designate nature of Preference Right Claimed:
Class I___________________________________
Class II___________________________________
Class III___________________________________
Does the Tideland Plat 272 correctly show the land applied for:
Yes ____ No ____
If Tideland Plat does not correctly show land applied for, describe it by metes and bounds and attached
plat of land applied for (use attachment if more space is required).
All claimed improvements were first constructed and used (1) before September 7, 1957? (2) Before
September 7, 1957 and January 3, 1969? (3) After January 3, 1959?
Is any part of your claim based on improvements and/or fill constructed or placed after January 3, 1959?
Yes ______,
No ______. If answer is “yes,” describe area improved after January 3, 1959 (use attachment if more
space is needed), and state nature of improvements.
Have any of these improvements been extended or improved after (1) September 7, 1957? (2) January 3,
1959? Describe.
Was this beneficial use continued through January 3, 1959? Describe.
The Plat is based on apparent use and improvements existing on January 3, 1959, recognized by the
Alaska Land Act; state any reason known to you why your claim does not correspond with the Plat. (Use
attachment if more space is required.)
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
I offer Cash ____________, Money Order _____________, Cashier’s Check _____________, in the
amount of $ _____________as deposit for the following costs:
Use By Clerk
Filing Fee $__________ $__________
Survey Costs (at rate of ____/sq. ft.) $__________ $__________
Appraisal Costs (Class II Applications) $__________ $__________
Transfer Costs ($ ________) $__________ $__________
Hearing Costs (If claim adverse to prior application
a deposit of $ __________ for hearing and service
notice is required.)
$__________ $__________
Total Deposit (Does not include purchase price of
land in Class II Applications)
$__________ $__________
Deposit Received by City By: ____________________________________
Date of Application: ____________________________________
Date Application Received by City: ____________________________________
Time Filed: ____________________________________
CERTIFICATION
I, ____________________ , the above-named applicant, or its agent, hereby certifies that all of the
statements made in the application and incorporated attachments, if any, are true and correct.
Print Name(s)
Signature(s)
(b)
ASSESSOR’S APPRAISAL
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
The undersigned appraiser(s) do hereby certify that he has duly appraised the tide and/or submerged land
described in the attached Application No. _____________ of ____________, without including in the
hereinafter stated value any value for valuable improvements constructed or placed hereon prior to
January 3, 1959, at the fair market value.
Tideland __________ sq. ft. at $ _____________ per sq. ft., $ ____________.
DATED, at Kenai, Alaska, this __________ day of ___________, 19 ____.
Signed:
(c)
WAIVER OF CLASS II PREFERENCE RIGHTS
(ATTACH TO EACH CLASS I APPLICATION)
I, _______________, the applicant, or his authorized agent, in the Application for Tideland Preference
Rights, Application No. _______________, to which this Waiver is attached, do hereby waive any and all
Preference Rights, to acquire tide or submerged and lying seaward of the City of Kenai, to which I am now
or may hereafter become entitled by reason of the provisions of Public Law 85-303.
DATED, at Kenai, Alaska, this ___________ day of _____________, 19 ____.
(Print Name)
(Signature)
(d)
CITY OF KENAI, ALASKA
TIDELAND QUIT-CLAIM DEED
This deed, made in duplicate this __________ day of ______________, 19 ____, by and between the City
of Kenai, Alaska, Grantor, and ________________, Grantee(s).
W I T N E S S E T H:
That the said grantor, for and in consideration of the sum of One and No 100/ths ($1.00) Dollars and other
good and valuable consideration, to it in hand paid by the said Grantee(s), pursuant to the provisions of the
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
Alaska Land Act (Chapter 169, SLA 1959) and Ordinance No. 455-78, enacted on January 3, 1979,
pursuant thereto, does hereby conveys, quit claims, and confirms unto said Grantee(s) as tenants by the
entirety, with the right of survivorship (strike if grantees are not husband and wife), and to his (their) heirs
and assigns (strike if Grantee a corporation) and to its successors and assigns (strike if Grantee not a
corporation), all such interest as the Grantor has, if any, in the following described lot, piece, parcel and
tract of tideland and contiguous submerged land situated within the corporate limits of the City of Kenai,
Alaska, and more particularly described as follows, to-wit:
All of Lot ________, Block __________, according to the official Tidelands Subdivision Plat of the City of
Kenai, Alaska.
Together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in
anywise appertaining.
To have and to hold the same unto the said Grantee(s), his or their heirs and assigns, (or) to its
successors and assigns, forever.
IN WITNESS WHEREOF, the Grantor has caused this Deed to be executed the day and year hereinabove
first written.
CORPORATE SEAL CITY OF KENAI, ALASKA
_________________
By: (Its Manager)
ATTEST:
_________________
Clerk
(Ord. 455-78)
Chapter 11.20
LEASING OF TIDELANDS
Sections:
11.20.010 Policy.
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
11.20.020 Lands available for leasing.
11.20.030 Qualifications of applicants.
11.20.040 Classification prior to lease required.
11.20.050 Applications.
11.20.060 Rights prior to leasing.
11.20.070 Procedure.
11.20.080 Public notice—Public hearing.
11.20.090 Selection of applicant.
11.20.100 Appeal.
11.20.110 Appraisal and survey of leased lands.
11.20.120 The lease document—Terms.
11.20.130 Appraisal.
11.20.140 Review.
11.20.150 Annual minimum rental.
11.20.160 Principles and policy of lease rates.
11.20.170 Responsibility to properly locate.
11.20.180 Lease utilization.
11.20.190 Subleasing.
11.20.200 Assignments.
11.20.210 Modification.
11.20.220 Cancellation—Forfeiture.
11.20.230 Default—Right of entry.
11.20.240 Notice or demand.
11.20.250 Financing—Rights of mortgages or lienholder.
11.20.260 Entry and re-entry.
11.20.270 Re-lease.
11.20.280 Forfeiture of rental.
11.20.290 Right of inspection.
11.20.300 Easement grants reserved.
11.20.310 Lease subordinate to financing requirements.
11.20.320 Written waiver.
11.20.330 Surrender on termination.
11.20.340 Sanitation.
11.20.350 Building and zoning codes.
11.20.360 Rules.
11.20.370 Aircraft operations protected.
11.20.380 Right to enjoyment and peaceable possession.
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
11.20.390 Lessee to pay taxes.
11.20.400 No partnership or joint venture created.
11.20.410 Default bankruptcy.
11.20.420 Nondiscrimination.
11.20.430 Partial invalidity.
11.20.440 Parole modifications.
11.20.450 Amendment of lease.
11.20.460 Compliance with laws.
11.20.470 Care of premises.
11.20.480 Lessee’s obligation to remove liens.
11.20.490 Condemnation.
11.20.500 Protection of subtenants.
11.20.510 Successors in interest.
11.20.520 Governing law.
11.20.530 Notices.
11.20.540 Fire protection.
11.20.550 Inspection.
11.20.560 Personal use of materials.
11.20.570 Restrictions and reservations.
11.20.580 Waste and injury to land.
11.20.590 Warranty.
11.20.600 Approval of other authorities.
11.20.610 Title restrictions.
11.20.620 Insurance—Hold harmless.
11.20.630 Insurance of users—Subtenants.
11.20.640 Annual report.
11.20.650 Tidelands claims.
11.20.660 Subjection to harbor ordinance.
11.20.670 Arbitration.
11.20.680 Provisions regulating public use purpose.
11.20.690 Provision to be included in public use lease.
11.20.700 Public use: defined.
11.20.710 Controlled access.
11.20.720 Use charges.
11.20.730 Maintenance of dock.
11.20.740 Modifications of existing leases.
11.20.750 Unauthorized removal of material prohibited.
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
11.20.760 Removal not authorized by lease.
11.20.770 Disposition of rights by Council.
11.20.780 Penalties.
11.20.790 Tideland leases for shore fisheries.
11.20.010 Policy.
The City, in order to make sites available for beneficial industries, may lease City-owned tidelands to
persons who agree to operate a beneficial industry upon the terms and conditions the Council
considers advantageous to the City. (Ord. 532)
11.20.020 Lands available for leasing.
All classified tide and contiguous submerged land within the limits of the City to which the City holds
title may be leased as hereinafter provided, for surface use only, and under the condition that said
lease is subject and inferior to preference right claims that may be made within a two (2) year filing
period for preference rights and subject to the rights of existing set net site holders within the City
limits. (Ord. 532)
11.20.030 Qualifications of applicants.
An applicant for a lease is qualified if the applicant:
(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.
(Ord. 532)
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
11.20.040 Classification prior to lease required.
Before accepting applications to lease tidelands, the area involved shall have first been classified for
leasing by the City Council with the approval of the Planning and Harbor Commissions, and their
availability advertised in a newspaper of general circulation in the area once each week for two (2)
successive weeks not less than thirty (30) days prior to the time set for the closing of the acceptance
of applications, and that all applications are available for public inspection at the City Hall offices.
(Ords. 532, 1802-98)
11.20.050 Applications.
(a) All applications for lease of tidelands shall be filed with the Clerk on forms provided by him or
her and available at City Hall which shall upon execution of the lease become part of the lease
document. Only forms completed in full and accompanied by a filing fee as set forth in the City’s
schedule of fees adopted by the City Council will be accepted for filing. Filing fees are not
refundable.
(b) With every application, the applicant shall submit a 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) Dates construction is estimated to commence and be completed;
(5) Whether intended use complies with the zoning ordinance and comprehensive plan of the
City;
(6) Describe by reference to the plat the area to be leased;
(7) A detailed financial plan showing ability to carry through with the development plan;
(8) A performance bond of five percent (5%) of the project’s estimated cost (which bond shall
not exceed fifty thousand dollars ($50,000.00)), payable to the City.
(Ords. 532, 2528-2011)
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
11.20.060 Rights prior to leasing.
Neither the filing of an application for a lease nor the holding of a public hearing thereon as provided
below, shall give the applicant a right to a lease or to the use of the land applied for. Any use not
authorized by a lease shall constitute a trespass against the City. (Ord. 532)
11.20.070 Procedure.
(a) Planning and Zoning Commission. All lease applications shall be reviewed first by the City of
Kenai Planning and Zoning Commission to determine whether the contemplated use falls within that
permitted under the zoning ordinance.
(b) Harbor Commission. All lease applications shall be reviewed by the Harbor Commission. If the
Commission after considering the lease applications determines at a public hearing as set forth in
the section below that any one lease will be in the best interests of the City of Kenai, the
Commission may make a recommendation to the City Council of applicant along with any
modifications or conditions recommended by the Commission.
(c) City Council. The City Council shall make the final determination of the selection of the applicant
based upon the Commission’s recommendation and approve or reject the choice of application
made.
(Ords. 532, 1802-98)
11.20.080 Public notice—Public hearing.
Notice of the lease application shall be published in a newspaper of general circulation within the
City not less than ten (10) or more than thirty (30) days prior to the date of public hearing. The notice
must contain the name of the applicant, a brief description of the land, proposed use, term, and a
declaration that the Commission will consider the lease to the applicant on the basis of the
applicant’s agreement to operate a beneficial industry upon the terms and conditions as set forth in
its application which is available for public inspection at the City Hall offices. The notice shall state
the date upon which public hearing will be held before the Commission for consideration of the
application. (Ord. 532)
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
11.20.090 Selection of applicant.
After the hearing provided in KMC 11.20.080 above, the Commission may make its recommendation
of the applicant to the City Council if in the Commission’s opinion, on the basis of all the testimony
presented, the award of the prospective lease will be advantageous to the City and in the best
interests of the public welfare, health, and safety. In the alternative, the Commission may elect to
make no recommendation for any applicant giving its reasons therefor. The Commission may
impose additional conditions upon the applicant before making its award. The decision of the Council
shall be posted on the City Bulletin Board the day after the hearing and remain posted for ten (10)
days. (Ord. 532)
11.20.100 Appeal.
Any person disagreeing with the decision of the Council may appeal the decision by filing suit in the
Superior Court, Third Judicial District at Kenai, within ten (10) days from the date of the posting of
Council’s decision. (Ord. 532)
11.20.110 Appraisal and survey of leased lands.
The applicant will furnish a survey and appraisal of the land in question prior to leasing. Any
resurveying or re-platting required will be the applicant’s responsibility and expense. (Ords. 532,
1282-88)
11.20.120 The lease document—Terms.
Leases may be issued for a term of not less than two (2) years nor more than ninety-nine (99) years.
The applicant shall state in his or her application the term desired. In determining whether to grant a
lease for the requested term, the Council shall consider the nature, extent, and cost of the
improvements which the applicant agrees to construct thereon as a condition of the lease the time
required to amortize the proposed investment, the value of the applicant’s proposed use to the
economy of the City and other relevant factors. The term of the lease may be extended for a number
of successive periods for a set number of years each as long as the appropriate extensions and
original term do not exceed 99 years. (Ord. 532)
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
11.20.130 Appraisal.
No land shall be leased, or a renewal lease issued, unless the same has been appraised within a six
month period prior to the date fixed for beginning of the term of the lease or renewal lease. No land
shall be leased for less than the approved, appraised annual rental, according to the method as
described in Section 11.20.150 below, except to State or Federal agencies or their subdivisions if it
is in the public interest to do so. Appraisals shall reflect the number and value of City services
rendered the land in question. (Ord. 532)
11.20.140 Review.
No leased land may be changed in use, nor may any renewal lease be issued until the proposed use
or renewal has been reviewed by the Planning Commission and approved by the Council. (Ord. 532)
11.20.150 Annual minimum rental.
(a) Annual minimum rentals shall be computed from the approved appraised market value utilizing
the method as described in KMC 11.20.160(a). Annual minimum rental shall include:
(1) Taxes pertaining to the leasehold interest of the Lessee.
(2) Sales tax now enforced or levied in the future computed upon rent payable in monthly
installments whether rent is paid on a monthly or yearly basis.
(3) All taxes and assessments levied in the future by the City of Kenai, as if lessee was
considered the legal owner of record of the leased property.
(4) Interest at the rate of eight percent (8%) per annum and ten percent (10%) penalties of any
amount of money owed under this lease which is not paid on or before the date it becomes due.
(5) All sales taxes due on payments under this lease and to all sales taxes applicable to its
operations.
(6) All special assessments for public improvements levied by the City of Kenai, as if lessee
were considered legal owner of leased property.
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
(b) Upon execution of the lease the lands demised become taxable to the extent of its leasehold
interest and lessee shall pay all real property taxes levied upon such leasehold interest in these
lands, that the City as part of the consideration of rental payments depends and relies upon the
payment by the lessee of said assessments and taxes as if he were the owner of said demised land.
(c) Rent shall be paid annually in advance. Said payments shall be prorated to conform with the
City of Kenai’s fiscal year beginning July 1 and ending June 30. If the equivalent monthly payment
exceeds $200, then the lessee shall have the option of making payments on a monthly or quarterly
basis.
(Ord. 532)
11.20.160 Principles and policy of lease rates.
(a) To insure a fair return, all leases for a period in excess of five (5) years shall include a
redetermination clause as of the fifth anniversary of each lease, normally set for the first 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:
(1) Fair market value of the land, including an appropriate consideration of facilities and
services available (public water, public sewer, storm sewers, and other public utilities) as
determined by a qualified independent appraiser, 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 at six percent
(6%) of fair market value. The appraisal shall not include structural improvements made to the
land or improvements made by way of gravel or other approved fill placed on the land. (Ord.
1631-95)
(b) Realizing that investors, developers, and other potential 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) under this provision, shall be limited to a fifty percent (50%)
increase in the prior lease rate until the thirtieth-year anniversary of the lease after which the fifty percent
(50%) cap provision shall no longer apply and the lease rate shall be redetermined every five years on the
basis of fair market evaluation as determined in KMC 11.20.080.
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
(c) City leases of tidelands existing at the time of the enactment of this chapter shall have a
thirty-year period determined from the date from which the lease was originally entered into.
(d) Failure by the City to insist upon renegotiation at the end of any given five-year period shall not
constitute a waiver of the right of the City to insist upon renegotiation in any subsequent year,
provided that neither the City nor the lessee shall have the right to insist upon renegotiation until five
years shall have elapsed from the date the rental was last adjusted.
(Ord. 532)
11.20.170 Responsibility to properly locate.
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. (Ord. 532)
11.20.180 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 cancellation at any time. Failure to substantially
complete the development plan of the land within the specified time from the date of execution of the
lease, consistent with the proposed use and terms of the lease, shall constitute grounds for
cancellation. The lease shall set forth in detail with appropriate plans and specifications the
improvements to be made within the time period described above. (Ord. 532)
11.20.190 Subleasing.
Leases may provide for subleasing a portion of the leased land 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. (Ord. 532)
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
11.20.200 Assignments.
Except for assignments for collateral purposes, 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. Any assignment requiring
Council approval will not be unreasonably denied. (Ord. 532)
11.20.210 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.
11.20.220 Cancellation—Forfeiture.
(a) Leases in good standing may be canceled in whole, or in part, at any time upon mutual written
agreement by lessee and the City Council.
(b) Any lease used for an unlawful purpose may be canceled.
(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 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 appropriate legal action, including, but limited to,
forfeiture of the lease, immediately upon the occurrence of a default.
(Ord. 532)
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
11.20.230 Default—Right of entry.
Should default be made in the payment of any portion of the rent or fees when due or in any of the
covenants or conditions contained in the lease or in any regulations now or hereinafter in force, then
in such event the City shall give lessee thirty days after such written notice to cure such default or
defaults, after which if the default is not cured, the City may terminate the lease, re-enter and take
possession of the premises, remove all persons therefrom. (Ord. 532)
11.20.240 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 envelope, addressed as hereinabove
provided. (Ord. 532)
11.20.250 Financing—Rights of mortgages or lienholder.
(a) For the purpose of interim or permanent financing or refinancing from time to time of the
improvements to be placed upon the leased premises, and for no other purpose, a lessee, after
giving written notice thereof to the City, may encumber by mortgage, deed of trust, assignment, or
other appropriate instrument, the lessee’s interest in the leased premises and in and to the lease,
provided such encumbrance pertains only to such leasehold interest and does not pertain to or
create any interest in the City’s title to the leased premises. If such mortgage, deed of trust, or
assignment, shall be held by a bank or other established lending or financial institution (which terms
shall include an established insurance company and qualified pension or profit-sharing trust), and
such institution shall acquire the lessee’s interest in such lease as a result of a sale under said
encumbrance pursuant to a foreclosure or other remedy of the secured party, or through any transfer
in lieu of foreclosure, or through settlement of or arising out of any pending or contemplated
foreclosure action, such lending institution shall have the privilege of transferring its interest in such
lease to a nominee or a wholly-owned subsidiary corporation with the prior consent of the City,
provided, however, such transferee shall assume all of the covenants and conditions required to be
performed by the lessee, whereupon such lending institution shall be relieved of any further liability
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
under such lease from and after such transfer. Such lending institute for the nominee or
wholly-owned subsidiary corporation to which it may have transferred such lease, or any other
lending institution which may at any time acquire such lease, shall be relieved of any further liability
under such lease from and after a transfer of such lease.
(b) A leasehold mortgagee, beneficiary of a deed of trust, or security assignee, shall have and be
subrogated to any and all rights of the lessee with respect to the curing of any default hereunder by
lessee.
(c) If the holder of any such mortgage, beneficiary of any such deed of trust, or the security
assignee shall give the City before any default shall have occurred in the lease, a written notice
containing the name and post office address of such holder, the City shall thereafter give to such
holder a copy of each notice of default by the lessee at the same time as any notice of default shall
be given by the City to the lessee, and the City will not thereafter accept any surrender or enter into
any modification of this lease without the prior written consent of the holder of any first mortgage,
beneficial interest under a first deed of trust, or security assignee, in this lease.
(d) If, by reason of any default of the lessee, either this lease or any extension thereof shall be
terminated at the election of the City prior to the stated expiration therefor, the City will enter into a
new lease with the leasehold mortgagee for the remainder of the term, effective as of the date of
such termination, at the rent and additional rent, and on the terms herein contained, subject to the
following conditions:
(1) Such mortgagee, beneficiary, or security assignee, shall make written request to the City
for such new lease within twenty days after the date of such termination and such written
request shall be accompanied by a payment to the City of all sums then due to the City under
the lease.
(2) Such mortgagee, beneficiary, or security assignee, shall pay to the City, at the time of the
execution and delivery of such new lease, any and all sums due thereunder in addition to those
which would at the time of the execution and delivery thereof be due under this lease; but for
such termination and in addition thereto, any reasonable expenses, including legal and
attorney’s fees, to which the City shall have been subjected by reason of such default.
(3) Such mortgagee, beneficiary, or security assignee shall, on or before the execution and
delivery of such new lease, perform all the other conditions required to be performed by the
lessee to the extent that the lessee shall have failed to perform such conditions.
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
(e) If a lending institution or its nominee or wholly-owned subsidiary corporation shall hold a
mortgage, deed of trust, or similar security interest in and to this lease and shall thereafter acquire a
leasehold estate, derived either from such instruments or from the City, and if such institution,
nominee, or corporation shall desire to assign this lease or any new lease obtained from the City
(other than to a nominee or to a wholly-owned subsidiary corporation as permitted by the above
provisions) to an assignee who will undertake to perform and observe the conditions in such lease
required to be performed by the lessee, the City shall not unreasonably withhold its consent to such
assignment and assumption, and any such lending institution, nominee, or subsidiary shall be
relieved of any further liability under such lease from and after such assignment. If the proposed
assignor shall assert that the City in unreasonably withholding its consent to any such proposed
assignment, such dispute shall be resolved by arbitration.
(Ord. 532)
11.20.260 Entry and re-entry.
In the event that the lease should be terminated as hereinbefore provided 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 representatives may, immediately
or any time thereafter, re-enter and resume possession of said lands or such part thereof, and
remove all persons and property therefrom, either 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. (Ord. 532)
11.20.270 Re-lease.
In the even that a lease should be terminated as herein provided, or by summary proceedings, or
otherwise, the Commission may offer said lands for lease or other appropriate disposal, pursuant to
the provisions of this ordinance. (Ord. 532)
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
11.20.280 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. (Ord. 532)
11.20.290 Right of inspection.
City shall have the right at all reasonable times to enter the premises, or any part thereof, for the
purposes of inspection. (Ord. 532)
11.20.300 Easement grants reserved.
City reserves the right to grant and control easements in, or above the land leased. No such grant or
easement will be made that will unreasonably interfere with the lessee’s use of the land, and lessee
shall have free access and use of any and all parking and loading rights, rights of ingress and egress
now or hereafter appertaining to the leased premises. (Ord. 532)
11.20.310 Lease subordinate to financing requirements.
Lessee agrees that City may modify the lease to meet revised requirements for Federal or State
grants, or to conform to the requirements of any revenue bond covenant. However, the modification
shall not act to reduce the rights or privileges granted the lessee by this lease, nor act to cause the
lessee financial loss. (Ord. 532)
11.20.320 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 performance of any of the conditions or covenants
of the lease, shall not be deemed to be a waiver of any provisions 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
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
breach or default. The receipt, by the lessor, of 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, 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. (Ord. 532)
11.20.330 Surrender on termination.
(a) Lessee shall, on the last day of the term of this lease or upon any earlier termination of this
lease, surrender and deliver up the premises into the possession and use of City without fraud or
delay in good order, condition, and repair, except for reasonable wear and tear since the last
necessary repair, replacement, restoration, or renewal, free and clear of all lettings and occupancies
unless expressly permitted by City in writing, and free and clear of all liens and encumbrances other
than those created by City for loans to the City.
(b) Upon the end of the term of this lease or any earlier termination thereof, title to the buildings,
improvements, and building equipment shall automatically vest in the City without requirement of any
deed, conveyance, or bill of sale document in confirmation hereof, lessee shall execute,
acknowledge, and deliver the same and shall pay any charge, tax, and fee asserted or imposed by
any and all governmental units in connection therewith.
(Ord. 532)
11.20.340 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. (Ord. 532)
11.20.350 Building and zoning codes.
Leased lands shall be utilized in accordance with the building and zoning ordinances and rules and
regulations of said authority. Failure to do so shall constitute a violation of the lease. (Ord. 532)
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
11.20.360 Rules.
(a) The lessee shall observe, obey, and comply with all applicable rules, etc., of the State or
Federal governments.
(b) 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 amended by the City shall
become applicable unless it has been given thirty days notice of adoption or amendment thereof.
(c) Lessee, in the conduct of its operations on the demised premises, shall observe, obey, and
comply with any and all applicable rules, regulations, laws, ordinances, or orders of any
governmental authority, federal or state, lawfully exercising authority over lessee or lessee’s conduct
of its business.
(d) City shall not be liable to lessee for any diminution or deprivation of possession, or of its rights
hereunder, on account of the exercise of any such right or authority as in this section provided, nor
shall lessee be entitled to terminate the whole or any portion of the leasehold estate herein created,
by reason of the exercise of such rights or authority, unless the exercise thereof shall so interfere
with lessee’s use and occupancy of the leasehold estate as to constitute a termination in whole or in
part of this lease by operation of law in accordance with the laws of the State of Alaska and of the
United States made applicable to the states.
(Ord. 532)
11.20.370 Aircraft operations protected.
(a) The City shall reserve to itself 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 and all improvements
approved by the City of the premises conveyed, together with the right to cause in said airspace
such noise as may be inherent in the operation of aircraft, now or hereafter used for navigation of or
flight in the air, using said airspace of landing at, taking off from, or operating on the Kenai Airport.
(When plans for improvements are approved by the City, the City to the extent of those
improvements releases the easements here expressed.)
(b) The lessee by accepting conveyance expressly agrees for itself, its representatives,
successors, and assigns, that it will not erect nor permit the erection of any structure or object, on
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
the and conveyed, which would be an airport obstruction within the standards established under the
Federal Aviation Administration Regulations, Part 77, as amended. In the event the aforesaid
covenant is breached, the City reserves the right to enter on the land conveyed hereunder and to
remove the offending structure or object, all of which shall be at the expense of the lessee or its
heirs, successors, or assigns.
(Ord. 532)
11.20.380 Right to enjoyment and peaceable possession.
The City shall agree and covenant that the lessee, upon paying rent and performing other
covenants, terms, and conditions of this lease, shall have the right to quietly and peacefully hold,
use, occupy, and enjoy the said leased premises, except that any inconvenience caused by public
works projects in or about the leasehold premises shall not be construed as a denial of the right of
quiet or peaceable possession. (Ord. 532)
11.20.390 Lessee to pay taxes.
Lessee shall pay all lawful taxes and assessments which, during the term thereof may become a lien
upon or which may be levied by the State, Borough, City, or any other tax-levying body, upon any
taxable possessory right which lessee may have in or to the reason of its use or occupancy,
provided, however, that nothing herein contained shall prevent lessee from contesting as any other
land owner any increase in such tax or assessment through procedures outlined in State statutes.
(Ord. 532)
11.20.400 No partnership or joint venture created.
The City shall not be construed or held to be a partner or joint venturer of lessee in the conduct of
business on the demised premises; and it is expressly understood and agreed that the relationship
between the parties thereto is, and shall at all times remain that of landlord and tenant. (Ord. 532)
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
11.20.410 Default bankruptcy.
If the lessee shall make any assignment for the benefit of creditors or shall be adjudged a bankrupt,
or if a receiver is appointed for the lessee or lessee’s assets, or any interest under this lease, and if
the appointment of the receiver is not vacated within thirty days, or if a voluntary petition is filed
under Section 18(a) of the Bankruptcy Act by the lessee, then and in any event, the City may, upon
giving the lessee thirty days’ notice, terminate this lease. (Ord. 532)
11.20.420 Nondiscrimination.
The lessee, for himself, his heirs, personal representatives, successors in interest, and assigns, as a
part of the consideration hereof, does hereby covenant and agree as a covenant running with the
land, that:
(a) No person on the grounds of race, color, or national origin shall be excluded from participation
in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.
(b) In the construction of any improvements on, over, or under such land and the furnishing of
services thereon, no person on the grounds of race, color, or national origin shall be excluded from
participation, denied the benefits of, or otherwise be subjected to discrimination.
(c) The lessee shall use the premises in compliance with all other requirements imposed by or
pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office
of the Secretary, Part 21, Nondiscrimination in Federally-assisted Programs of the Department of
Transportation—Effectuation of Title VI of the Civil Rights Act of 1964, and as said regulations may
be amended.
(d) In the event facilities are constructed, maintained, or otherwise operated on the said property
described in this lease, for a purpose involving the provision of similar services or benefits, the
lessee shall maintain and operate such facilities and services in compliance with all other
requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted
Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of
1964, and as said Regulations may be amended.
(Ord. 532)
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
11.20.430 Partial invalidity.
If any term, provision, condition, or part of the lease is declared by a court of competent jurisdiction
to be invalid or unconstitutional, the remaining terms, provisions, conditions, or parts shall continue
in full force and effect as though such declaration was not made. (Ord. 532)
11.20.440 Parole modifications.
It shall be mutually understood and agreed between the parties that the agreement, as written, shall
cover all the agreements and stipulations between the parties; and no representations, oral or
written, have been modifying, adding to, or changing the terms thereof. (Ord. 532)
11.20.450 Amendment of lease.
Notwithstanding anything to the contrary, in order to aid the lessee in the financing of the
improvements to be situated herein, the City shall agree that in the event the proposed mortgagee,
beneficiary or security assignee under any interim or permanent loan on the security of the leasehold
interest of the lessee and the improvements to be situated thereon so requires, the City will make a
reasonable effort to amend this lease in order to satisfy such requirements upon the express
condition and understanding, however, that such variance in language will not materially prejudice
the City’s rights thereunder nor be such as to alter in any way the rental obligations of the lessee
hereunder nor its obligations to comply with all existing laws and regulations of the City relating to
the leasing of airport lands, and to all applicable Federal statutes, rules, and regulations, and all
covenants and conditions of the deed by which the City holds title to the land. (Ord. 532)
11.20.460 Compliance with laws.
(a) Lessee shall comply with all applicable laws, ordinances, and regulations of public authorities
now or hereafter in any manner affecting the leased premises or the sidewalks, alleys, streets, and
way adjacent thereto or any buildings, structures, fixtures, and improvements or the use thereof,
whether or not any such laws, ordinances, and regulations which may be hereafter enacted involve a
change of policy on the part of the governmental body enacting the same. Lessee agrees to hold
City financially harmless from the following:
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
(1) From the consequences of any violation of such laws, ordinances, and/or regulations.
(2) From all claims for damages on account of injuries, death, or property damage resulting
from such violation.
(b) Lessee further agrees it will not permit any unlawful occupation, business, or trade to be
conducted on said premises or any use to be made thereof contrary to any law, ordinance, or
regulation as aforesaid with respect thereto.
(Ord. 532)
11.20.470 Care of premises.
Lessee, at its own cost and expense, shall keep the leased premises, all improvements which at any
time during the term of this lease may be situated thereon, and any and all appurtenances thereunto
belonging, in good condition and repair, during the entre term of this lease. (Ord. 532)
11.20.480 Lessee’s obligation to remove liens.
Lessee will not permit any liens including, but not limited to, mechanics’, laborers’, or material-men’s
liens obtainable or available under the then existing laws, to stand against the leased premises or
improvements for any labor or material furnished to lessee or claimed to have been furnished to
lessee or to lessee’s agents, contractors, or sublessees, in connection with work of any character
performed or claimed to have been performed on said premises or improvements by or at the
direction or sufferance of lessee, provided, however, lessee shall have the right to provide a bond as
contemplated by Alaska law and contest the validity or amount of any such lien or claimed lien. On
final determination of such lien or such claim for lien, lessee will immediately pay any judgment
rendered with all proper costs and charges and shall have such lien released or judgment satisfied
at lessee’s own expense. (Ord. 532)
11.20.490 Condemnation.
In the event the leased premises or any part thereof shall be condemned and taken for a public or a
quasi-public use, then upon payment of any award or compensation arising from such
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
condemnation, there shall be such division of the proceeds, such abatement in rent payable during
the term or any extension of the term hereof, and such other adjustments as the parties may agree
upon as being just and equitable under all the circumstances. If the City and lessee are unable to
agree within thirty days after such an award has been paid into court, upon what division, annual
abatement in rent, and other adjustments are just and equitable, the dispute shall be determined by
arbitration provided in KMC 11.20.670 hereof. (Ord. 532)
11.20.500 Protection of subtenants.
To protect the position of any subtenant(s) hereafter properly obtaining any interests in the leasehold
estate granted lessee hereunder, the City agrees that in the event of the cancellation, termination,
expiration, or surrender of this lease (the ground lease), the City will accept the subtenant, its
successors and assigns, as its lessee for a period equal to the full elapsed portion of the term of the
sublease, including any extensions or renewals thereof not exceeding the term of this lease, upon
the same covenants and conditions therein contained, to the extent that said covenants and
conditions are not inconsistent with any of the terms and conditions of this lease, provided such
subtenant shall make full and complete attornment to the City for the balance of the term of such
sublease so as to establish direct privity of estate and contract between the City and the subtenant
with the same force and effect as though such sublease was originally made directly between the
City and such subtenant; and further provided such subtenant agrees to comply with all the
provisions of the ground lease and all the terms of any mortgage, deed of trust, or security
assignment to which such leasehold estate is subject, except the payment of rent under the ground
lease and the payment of any debt service under any such mortgage, deed of trust, or security
assignment. (Ord. 532)
11.20.510 Successors in interest.
This lease shall be binding upon and shall inure to the benefit of the respective successors and
assigns of the parties hereto, subject to such specific limitations or assignment as are provided for
herein. (Ord. 532)
11.20.520 Governing law.
The indenture of lease shall be governed in all respects by the laws of the State of Alaska. (Ord. 532)
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
11.20.530 Notices.
(a) Any notices required by the lease shall be in writing and shall be deemed to be duly given only if
delivered personally or mailed by certified or registered mail in a prepaid envelope addressed as
follows:
To City:City Hall—City of Kenai
P.O. Box 580
Kenai, Alaska 99611
To Tenant:
(b) The City shall also mail a copy of any notice given to the lessee, by registered or certified mail,
to any leasehold lender (mortgagee, beneficiary of a deed of trust, security assignee) who shall have
given the City notice of such mortgage, deed of trust, or security assignment.
(c) Any such addresses may be changed by an appropriate notice in writing to all other parties
affected provided such change of address is given to the other parties by the means outlined in
paragraph (a) above at least fifteen days prior to the giving of the particular notice in issue.
(Ord. 532)
11.20.540 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 promulgated and enforced by the City for fire protection within the area
wherein the leased premises are located. (Ord. 532)
11.20.550 Inspection.
The lessee shall allow authorized representatives of the City to enter the leased land for inspection
at any reasonable time. (Ord. 532)
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
11.20.560 Personal use of materials.
All coal, oil, gas, and other minerals and all deposits of stone or gravel valuable for extraction or
utilization and all materials subject to Title II, Division I, Chapters 4, 5, and 6 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; provided, however, that
material required for the development of the leasehold may be used if its use is first approved by the
City. (Ord. 532)
11.20.570 Restrictions and reservations.
The lease shall contain such restrictions and reservations as are necessary to protect the public
interest. (Ord. 532)
11.20.580 Waste and injury to land.
If any person shall commit waste, 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 violation. (Ords.
532, 1858-2000)
11.20.590 Warranty.
The City does not warrant by its classification or leasing of land that the land is ideally suited for the
use authorized under said classification or lease, and no guaranty is given or implied that it shall be
profitable to employ land to said use. City bears no responsibility for any water erosion of land. (Ord.
532)
11.20.600 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. (Ord. 532)
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
11.20.610 Title restrictions.
All leases or sales of property shall be made subject to restrictions and reservations in the patent,
deed, or other instrument under which the City holds. (Ord. 532)
11.20.620 Insurance—Hold harmless.
Lessee shall covenant to save the City harmless from all actions, suits, liabilities, or damages
resulting from or arising out of any acts of commission or omission by the lessee, his agents,
employees, customers, invitees, or arising from or out of the lessee’s occupation, or use of the
premises demised, or privileges granted, and to pay all costs connected therewith. In this
connection, the lessee shall agree to arrange and pay for all the following:
(a) Public liability insurance protecting both the City and/or its agents and the lessee, such
insurance to be evidenced by a certificate showing the insurance in force. The amount of such public
liability insurance shall have limits not less than those known as $250,000/$500,000/$100,000.
(b) Liquor liability (where applicable).
(c) Lessee agrees to carry employer’s liability insurance and Workmen’s Compensation Insurance,
and to furnish a certificate thereof to the City, if applicable.
(d) Insurance contracts providing liability insurance and Workmen’s Compensation shall provide for
not less than thirty days written notice to the City of cancellation or expiration or substantial change
in policy conditions and coverage.
(e) Lessee agrees that waiver of subrogation against the City shall be requested of lessee’s
insurer, and shall be provided at no cost to the City.
(f) Cross Liability: 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,
but otherwise shall not operate to limit or void the coverage of any one named insured as respects
claims against the same named insured or employees of such other named insured.
(g) The insurance procured by the lessee as herein required shall be issued in the name of the
lessee and the City by a company licensed to do business in the State of Alaska, and shall contain
endorsements that:
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
(1) Such insurance may not be canceled or amended with respect to the City without thirty
days written notice by registered or certified mail to the City by the insurance company.
(2) Lessee shall be solely responsible for payment of premiums and that City shall not be
required to pay any premiums for such insurance.
(h) The amount of insurance coverage required above may be subject to review for increase at
each five-year renegotiation of the lease.
(i) Upon review by the Commission, the lessee may be required to obtain such other insurance
protecting the City and lessee that may be necessarily required or advisable owing to the
particularities of the harbor-related activities on the lease-hold interest.
(Ord. 532)
11.20.630 Insurance of users—Subtenants.
Lessee, for its own protection, may require bona fide public users and subtenants to execute
agreements holding lessee harmless from actions arising out of user’s operations and may require
such bona fide public users and subtenants to show proof of public liability insurance covering their
operations on the demised premises in such amounts as will adequately protect them. (Ord. 532)
11.20.640 Annual report.
The lessee may be required to submit to the City each year on or about March 15, an annual report
on its operations, particularly those services and facilities offered to the public, whether on a fee or
non-fee basis. (Ord. 532)
11.20.650 Tidelands claims.
The City shall lease the subject land subject to any preference rights claims made pursuant to the
provisions of Alaska State 38.05.320 or Ordinance No. 455-78, dated September 5, 1979 of the City
of Kenai, adopted pursuant thereto, and the lessee holds lessor harmless for any damages, legal
expenses, or compensation necessitated by the resolution or satisfaction of said claims, if any. (Ord.
532)
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
11.20.660 Subjection to harbor ordinance.
All leases are subject to the terms, conditions, and regulations imposed by Title II, Harbor and
Harbor Facilities, of the 1979 Kenai Code of ordinances as amended of which this section is part.
(Ord. 532)
11.20.670 Arbitration.
In the event the City and lessee shall be unable to agree as to any matter provided for in the lease
except as to the amount of the five-year rent redetermination amount which is handled pursuant to
KMC 11.20.160, such dispute shall be determined by three disinterested arbitrators (unless the
parties can agree on one arbitrator). Such arbitration shall be conducted upon request of either the
City or the lessee, before three arbitrators (unless the City or the lessee agree to one arbitrator)
designated by the American Arbitration Association and in accordance with the rules of such
Association. The arbitrators designated and acting under this lease shall have no power to depart
from or change any of the provisions thereof. The expense of arbitration proceedings conducted
hereunder shall be borne equally by the parties. The proceedings shall take place in Kenai, Alaska
unless otherwise agreed upon by the parties. (Ord. 532)
11.20.680 Provisions regulating public use purpose.
The City Council realizes that only a limited area of tidelands bordering navigable waters are
available within the City of Kenai and which are owned by the City of Kenai. It would be in the public
interest to insure that these lands do not pass out of community control at least to the extent that the
public would not be deprived of harbor services at reasonable rates in the future. Therefore, areas of
City-owned tidelands which are developable for the bona fide public purposes as enumerated below
shall be leased only with the following covenants defined to insure public use and access at
reasonable rates. (Ord. 532)
11.20.690 Provision to be included in public use lease.
The following provision shall be included in leases where harbor facilities are constructed to be
utilized all or in part for bona fide public uses. (Ord. 532)
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
11.20.700 Public use: defined.
(a) Public use shall mean a use limited in part or in whole to the following:
(1) In general, the lessee may use the demised premises or part thereof for any of the
following purposes only:
(i) Public dock facilities.
(ii) Maritime commerce.
(iii) Transportation.
(iv) Fishing.
(v) Boat harbor.
(vi) Port and waterfront development purposes.
(b) Before lessee may conduct any activities which fall under this general criteria, but are not
specifically mentioned above, lessee must obtain written consent of the City.
(Ord. 532)
11.20.710 Controlled access.
Lessee, for its own protection, may construct or install fences, gates, or other types of barriers to
restrict access to portions of the demised premises that are not designated for a public use and may
provide reasonable controls for access to public use areas to allow for security for such areas while
insuring reasonable public access. Reasonable public access includes accommodations made for
fishing operations during fishing season. (Ord. 532)
11.20.720 Use charges.
Lessee shall make reasonable and non-discriminatory charges to the public for use of any of its
facilities. It is expressly recognized that lessee is entitled to a margin of profit, which should be fair,
reasonable, and competitive, and that City will cooperate to this end in considering rates and fees.
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
The Commission shall review all rate structures annually. The lease shall contain an arbitration
provision as set forth in KMC 11.20.670 to resolve disputes arising hereunder. (Ord. 532)
11.20.730 Maintenance of dock.
Lessee covenants that it will maintain the dock facility in a safe condition and in accordance with
applicable state and federal standards. (Ord. 532)
11.20.740 Modifications of existing leases.
Leases shall only be modified to that extent deemed to be necessary to protect the public’s interest.
(Ord. 532)
11.20.750 Unauthorized removal of material prohibited.
Any person, firm, or corporation who without written authority from the City removes rock, gravel, or
other material from the lands owned by the City without the express consent of the City shall be
deemed guilty of a violation. Any criminal action taken against such person shall not preclude the
institution of civil proceedings by the City. (Ords. 532, 1858-2000)
11.20.760 Removal not authorized by lease.
No deed or lease granted by the City to any person shall contain terms or be construed as granting
any right to remove material from City lands. (Ord. 532)
11.20.770 Disposition of rights by Council.
In recognition that conditions may exist from time to time whereby use of such lands and the material
comprising the same may be beneficial to the public interest and promote the progress and
development of the City, applications for the use thereof may be received and considered by the
Commission, providing such applications fully disclose to the City all material facts and plans for the
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
proposed use. Such applications shall be consistent with the comprehensive plan of the City and
referred to the City Planning Commission for its recommendations. Disposition of such applications
shall be made by the Council after recommendation from the Commission. (Ord. 532)
11.20.780 Penalties.
(a) It is unlawful for any person to violate any of the provisions of this chapter and upon conviction
thereof shall be fined as provided for violations in KMC 13.05.010. Each day such violation is
committed or permitted to continue shall constitute a separate offense and shall be punishable as
such hereunder.
(b) In addition to or as an alternative to the above penalty provision, the City may impose a civil
penalty in an amount as provided by KMC 13.05.010 per day for the violation of any provision of this
chapter and seek injunctive relief for any infraction thereof for which the offending party will be
charged for reasonable attorney’s fees and costs incurred by the City as awarded by the court.
(c) Nothing in this section shall be deemed to restrict the City’s exercise of any of its rights pursuant
to the lease agreement including those enumerated in KMC 11.20.220 and KMC 11.20.240 hereof.
(Ords. 532, 1240)
11.20.790 Tideland leases for shore fisheries.
(a) The annual minimum rental rate for tideland leases used primarily for shore fisheries shall be an
annual fee as set forth in the City’s schedule of fees adopted by the City Council. However, should
the State of Alaska set an annual lease rate higher than that established by the City for similar
tideland leases for shore fisheries on land owned by the State, the City may amend the annual rental
to a rate equal to that charged by the State of Alaska. Any money owed pursuant to KMC 11.20.150
shall be in addition to the annual minimum set forth above.
(b) Neither KMC 11.20.160 nor KMC 11.20.620(a) shall apply to tideland leases for shore fisheries.
(c) The provisions of KMC 11.20.110 and KMC 11.20.130 requiring appraisals of tideland property
shall not apply to leases of tidelands for shore fisheries. However, the survey provisions of KMC
11.20.110 are applicable to shore fishery leases.
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
(Ords. 1632-95, 2528-2011)
The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
Disclaimer: The City Clerk has the official version of the Kenai Municipal Code. Users should contact
the City Clerk for ordinances passed subsequent to the ordinance cited above.
City Website: www.ci.kenai.ak.us
City Telephone: (907) 283-8231
Code Publishing Company
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
Chapter 1.90
STANDARD PROCEDURES FOR BOARDS, COMMISSIONS AND
COMMITTEES
Sections:
1.90.010 Creation.
1.90.020 Duties.
1.90.030 Qualifications.
1.90.040 Terms.
1.90.050 Proceedings.
1.90.060 Specific requirements of boards, commissions and committees.
1.90.010 Creation.
All boards, commissions and committees created by the Council of the City of Kenai, shall consist of
seven (7) members who shall be nominated by the Mayor and confirmed by the City Council from
applications submitted to the City Clerk. A chair and vice-chair shall be selected annually and shall
be elected from and by the appointed members. At the organizational meeting of Council, or as soon
thereafter as practicable, the Mayor, after consultation with Council, shall nominate Council
Members as a council liaison to any board, commission or committee. After confirmation by Council,
the council liaison may attend all meetings of the board, commission or committee. A council liaison
is not a member of, and shall have no voting power or any other rights of membership on, the board,
commission or committee. The Mayor and other Council Members may attend meetings of boards,
commissions or committees when serving as an alternate for the Council liaison, or in their capacity
as elected officials. City administrative staff shall attend and supply staff support to all meetings of
boards, commissions and committees. (Ords. 2735-2014, 2741-2014)
1.90.020 Duties.
(a) Members of boards, commissions and committees shall be required to establish policies relating
to their respective organization. They shall act in an advisory capacity to City Council unless
otherwise specified in the City Code.
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The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
(b) If the board, commission or committee has income stated within the City of Kenai annual
budget, said board, commission or committee shall work with the City Manager to establish
expenses projected for the year for approval by the City Council.
(Ord. 2748-2014)
1.90.030 Qualifications.
(a) A member of a board, commission or committee must be a resident of the City of Kenai, unless
the board, commission or committee is specifically exempted by Council from this requirement. The
member cannot be an officer or employee of the City of Kenai. If any member should move his or
her residence from the corporate limits of the City of Kenai (if applicable), is an officer or employee
of the City of Kenai, or shall be elected or appointed as an officer or employee of the City of Kenai,
the service of such member shall terminate immediately. He or she should be aware that he or she
will serve without salary, but will be reimbursed for all reasonable expenses incurred in connection
with this service, only after approval by Council.
(b) The Beautification Committee, and Harbor, Library, and Parks and Recreation Commissions
may at the discretion of the Council have up to two (2) non-resident members each.
(c) The Planning and Zoning Commission may have up to one member that is not a resident of the
City if they have a controlling ownership interest in a business physically located in the City. This
provision specifically does not create a designated seat for a non-resident.
(Ords. 1948-2002, 2320-2008, 2829-2015)
1.90.040 Terms.
(a) A member of a board, commission or committee shall serve for a term of three (3) years, unless
the board, commission or committee is specifically exempted by Council from this requirement. At
renewal date, the Mayor, with consent of the Council, can reappoint the member or recommend a
replacement.
(b) The terms of the initial board, commission or committee member shall be staggered so that
three (3) members will be appointed for one (1) year; two (2) members will be appointed for two (2)
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Your Selections | Kenai, AK Page 3 of 4
The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
years; and two (2) members will be appointed for three (3) years. Terms shall commence on January
1st of each year.
1.90.050 Proceedings.
(a) All boards, commissions and committees will have regularly scheduled meetings which shall be
open to the public. Exceptions to the meeting requirements shall be established by Council.
Permanent records or minutes shall be kept of all proceedings and such minutes shall record the
vote of each member upon every question. Every decision or finding shall immediately be filed in the
office of the City Clerk and shall be a public record open to inspection by any person. All acts of
boards, commissions and committees are subject to the paramount authority of the City Council.
(b) If the commission, committee or board member shall be absent, without the body excusing the
absence for good cause, from more than one-half of all the meetings of his or her committee,
commission or board, regular and special, held within any period of three (3) consecutive calendar
months, he or she shall thereupon cease to hold the seat. A commission, committee or board
member may not have more than three (3) excused absences during a twelve (12) month calendar
year.
(c) In all matters of parliamentary procedure, Robert’s Rules of Order Newly Revised, 11th Edition,
shall be applicable and govern all meetings, unless as specified in KMC 1.15.060 motions; KMC
1.15.100, speaking; and KMC 1.15.110, voting.
(d) The responsibility of insuring that all members of boards, commissions and committees receive
a copy of the Standard Procedures of Boards, Commissions and Committees lies with the City Clerk.
(Ords. 1610-94, 2017-2003, 2050-2004, 2140-2006, 2614-2012)
1.90.060 Specific requirements of boards, commissions and
committees.
Requirements of boards, commissions and committees as set forth in KMC 1.90 are general
requirements and shall be followed to the extent that they do not conflict with specific requirements
found in code sections specifically pertaining to individual boards, commissions and committees.
(Ords. 1223, 1239)
Page 69 of 72
Your Selections | Kenai, AK Page 4 of 4
The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
The Kenai Municipal Code is current through Ordinance 3014-2018, passed April 18, 2018.
Disclaimer: The City Clerk has the official version of the Kenai Municipal Code. Users should contact
the City Clerk for ordinances passed subsequent to the ordinance cited above.
City Website: www.ci.kenai.ak.us
City Telephone: (907) 283-8231
Code Publishing Company
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To: City of Kenai, Harbor Commission
From : Rick Koch
Date: May 4 , 2017
FROM THE DESK OF
RICK R. KOCH
4575 Kenaitze Court
Kenai , AK 99611
(907)398-0190
rickkoch1@gci.net
Subject: Identification of Harbor Commission Duties & Responsibilities
SUMMARY OF ISSUE OR PROBLEM
The duties and responsibilities of the Harbor Commission are not well detailed in City
Code. While not in itself and issue, if those duties and responsibilities were clearly
defined in the operating procedures of the Harbor Commission , no operating
procedures exist.
PURPOSE
The purpose of this process is two-fold, first; to determine if adequate duties and
responsibilities exist to justify the existence of a standing Harbor Commission, and
second; assuming adequate duties and responsibilities exist to justify a standing Harbor
Commission, to determine specifically those duties and responsibilities.
SUMMARY OF PROCESS
1. Harbor Commission -Determine process to be utilized for th is exercise.
Discuss, amend, agree upon framework of process to be used to accomplish
purpose of this exercise.
2. Harbor Commission -Submit process to City Council for approval.
3. City Council -Approve, amend, disapprove process.
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4. Harbor Commission -If Process is approved by City Council, accomplish the
following :
A. Harbor Commission -Clearly identify duties and responsibilities currently
being performed by the Harbor Commission, and clearly identify duties and
responsibilities that are not currently being performed by the Harbor
Commission .
B . Harbor Commission & Specific Individuals -Utilize "Glaser Method " to utilize
groups of up to six individuals with a facilitato r to identify duties and
responsibilities that may be performed by the Harbor Commission .
C. Harbor Commission & Specific Individuals -Develop language identifying
specific methodology fo r duties and responsibil ities.
D . Harbor Commission -Hold Public work session to present, discuss, and
receive comments regarding suggested duties and responsibilities of Harbor
Commission. Invite all interested stakeholders, lessees, property owners ,
regulatory agencies, etc.
E . Harbor Commission & City Council -Hold work session for Harbor
Commission to present information to City Counci l, answer City Council
Questions, receive City Council recommendations.
F. Harbor Commission -Work session/Meeting to incorporate comments into
final draft of Harbo r Commission Duties and Responsibilities .
G. Harbor Commission -Submit to City Council Harbor Commission
Recommendation( s ):
1.) Sunset Harbor Commission -Insufficient duties and responsibi li ties to
justify stand ing commission. Utilize ad-hoc commission for specific issues.
2.) Adopt Harbor Comm ission Procedures which define duties and
responsib ilities justifying a standing commission.
a.) Monthly
b.) Bi-Monthly
c.) Quarterly
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