HomeMy WebLinkAbout2018-06-26 Harbor Sub-Committee PacketKENAI HARBOR COMMISSION
ROLES & RESPONSIBILITIES SUB-COMMITTEE MEETING
JUNE 26, 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. UNSCHEDULED PUBLIC COMMENT (Public comment limited to three (3) minutes
per speaker; thirty (30) minutes aggregated)
4. APPROVAL OF MEETING SUMMARY
a. June 12, 2018
5. UNFINISHED BUSINESS
a. Discussion – Finalize Review of Kenai Municipal Code Title 11
6. NEW BUSINESS
a. Discussion – Review of Kenai Municipal Code Chapter 1.90
b. Discussion – Identification of Harbor Commission Duties and Responsibilities
7. DISCUSS PURPOSE OF NEXT MEETING
8. NEXT MEETING ATTENDANCE NOTIFICATION – July 24, 2018
9. ADDITIONAL PUBLIC COMMENTS
10. MEMBER COMMENTS AND QUESTIONS
11. 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
JUNE 12, 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 6:10 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 Director S. Curtin, Public Works Assistant K.
Feltman, Council Member J. Glendening
A quorum was present.
c. Agenda Approval
MOTION:
Commissioner Crandall MOVED to approve the agenda and Commissioner Dunn SECONDED
the motion. There were no objections; SO ORDERED.
2. SCHEDULED PUBLIC COMMENTS – None.
3. APPROVAL OF MEETING SUMMARY
a. May 22, 2018
MOTION:
Commissioner Crandall MOVED to approve the meeting summary of May 22, 2018 and
Commissioner Dunn SECONDED the motion. There were no objections; SO ORDERED.
b. May 29, 2018
MOTION:
Commissioner Crandall MOVED to approve the meeting summary of May 29, 2018 and
Commissioner Dunn SECONDED the motion. There were no objections; SO ORDERED.
4. UNFINISHED BUSINESS - None.
Page 3 of 36
5. NEW BUSINESS
a. Discussion – Review of Kenai Municipal Code Title 11
Commissioners reviewed Kenai Municipal Code (KMC) Title 11 to determine applicable roles and
responsibilities of the Harbor Commission. Chapters 11.05 Harbor Master, 11.10 Harbor
Commission, and 11.15 Tidelands were reviewed and ideas for change were noted.
Public Works Director Curtin recommended choosing six specific items for discussion at the next
meeting.
b. Discussion – Review of Kenai Municipal Code Chapter 1.90
This item was moved for review and discussion at the next meeting.
c. Discussion – Identification of Harbor Commission Duties and Responsibilities
This item was moved for review and discussion at the next meeting.
6. DISCUSS PURPOSE OF NEXT MEETING
It was noted that the purpose of the next meeting was to finish reviewing KMC Title 11 and
discuss agenda items 5b and 5c thoroughly.
7. SET NEXT MEETING / ATTENDANCE NOTIFICATION – June 26, 2018
8. PUBLIC COMMENTS
Kenai resident, Mike Sarisky spoke in support of including additional boat safety information on
the Dipnet app and brochure.
9. MEMBER COMMENTS AND QUESTIONS
Commissioners welcomed Public Works Director Curtin to the Sub-Committee and thanked him
for his input.
10. ADJOURNMENT
There being no further business before the Sub-Committee, the meeting was adjourned at 7:37 p.m.
Meeting summary prepared and submitted by:
_____________________________________
Jacquelyn Kennedy
Deputy City Clerk
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11.20.010
11.20.020
11.20.030
11.20.040
11.20.050
11.20.060
11.20.070
11.20.080
11.20.090
11.20.100
11.20.110
11.20.120
11.20.130
11.20.140
11.20.150
11.20.160
11.20.170
11.20.180
11.20.190
11.20.200
11.20.210
11.20.220
11.20.230
11.20.240
11.20.250
11.20.260
11.20.270
11.20.280
11.20.290
11.20.300
11.20.310
11.20.320
Chapter 11.20
LEASING OF TIDELANDS
Sections:
Policy.
Lands available for leasing.
Qualifications of applicants.
Classification prior to lease required.
Applications.
Rights prior to leasing.
Procedure.
Public notice—Public hearing.
Selection of applicant.
Appeal.
Appraisal and survey of leased lands.
The lease document—Terms.
Appraisal.
Review.
Annual minimum rental.
Principles and policy of lease rates.
Responsibility to properly locate.
Lease utilization.
Subleasing.
Assignments.
Modification.
Cancellation—Forfeiture.
Default—Right of entry.
Notice or demand.
Financing—Rights of mortgages or lienholder.
Entry and re-entry.
Re-lease.
Forfeiture of rental.
Right of inspection.
Easement grants reserved.
Lease subordinate to financing requirements.
Written waiver.
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11.20.330
11.20.340
11.20.350
11.20.360
11.20.370
11.20.380
11.20.390
11.20.400
11.20.410
11.20.420
11.20.430
11.20.440
11.20.450
11.20.460
11.20.470
11.20.480
11.20.490
11.20.500
11.20.510
11.20.520
11.20.530
11.20.540
11.20.550
11.20.560
11.20.570
11.20.580
11.20.590
11.20.600
11.20.610
11.20.620
11.20.630
11.20.640
11.20.650
11.20.660
11.20.670
11.20.680
11.20.690
11.20.700
Surrender on termination.
Sanitation.
Building and zoning codes.
Rules.
Aircraft operations protected.
Right to enjoyment and peaceable possession.
Lessee to pay taxes.
No partnership or joint venture created.
Default bankruptcy.
Nondiscrimination.
Partial invalidity.
Parole modifications.
Amendment of lease.
Compliance with laws.
Care of premises.
Lessee’s obligation to remove liens.
Condemnation.
Protection of subtenants.
Successors in interest.
Governing law.
Notices.
Fire protection.
Inspection.
Personal use of materials.
Restrictions and reservations.
Waste and injury to land.
Warranty.
Approval of other authorities.
Title restrictions.
Insurance—Hold harmless.
Insurance of users—Subtenants.
Annual report.
Tidelands claims.
Subjection to harbor ordinance.
Arbitration.
Provisions regulating public use purpose.
Provision to be included in public use lease.
Public use: defined.
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11.20.710
11.20.720
11.20.730
11.20.740
11.20.750
11.20.760
11.20.770
11.20.780
11.20.790
Controlled access.
Use charges.
Maintenance of dock.
Modifications of existing leases.
Unauthorized removal of material prohibited.
Removal not authorized by lease.
Disposition of rights by Council.
Penalties.
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)
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)
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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)
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.
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(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)
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)
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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)
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.
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(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.
(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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(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)
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)
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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)
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)
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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 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
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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.
(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)
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)
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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 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.
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(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)
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)
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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 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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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)
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)
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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:
(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)
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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 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
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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)
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
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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)
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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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:
(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.
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(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)
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
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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)
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)
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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. 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)
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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 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.
(Ords. 1632-95, 2528-2011)
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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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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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(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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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)
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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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