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HomeMy WebLinkAboutOrdinance No. 3041-2018Sponsored by: Legal CITY OF KENAI ORDINANCE NO. 3041-2018 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, MAKING HOUSEKEEPING AMENDMENTS TO KENAI MUNICIPAL CODE 16.05.160-0RDINANCE LEVYING ASSESSMENTS, AND 16.15.050-ESTABLISHMENT OF AMOUNT, AFTER SUBSTANTIVE CHANGES WERE RECENTLY MADE TO KENAI MUNICIPAL CODE TITLE 16- PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENTS. WHEREAS , the City Council recently enacted Ordinance 3034-2018 which repealed and re- enacted two Chapters of Title 16-Public Improvement and Special Assessments; and, WHEREAS, two housekeeping changes are needed to fix a reference to a repealed code section in KMC 16 .15.050 and complete an incomplete reference in 16.05 .160; and, WHEREAS , these changes are necessary and will improve the consistency of the City's Code of Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows : Section 1. Amendment of Section 16.05.160 of the Kenai Municipal Code : That Kenai Municipal Code, Section 16 .05 .160 -Ordinance Levying Assessments, is hereby amended as follows: (a) After the improvement has been completed and the actual cost ascertained, the City Manager shall prepare and submit to the City Council an assessment roll containing a description of the parcels in the special assessment district , the names of their record owners , and the amounts of the assessments. The assessment roll shall be submitted with an ordinance co nfirming the assessment roll and levying the assessments. The ordinance shall provide for the levying of the assessment against the property included within the district and may establish a sinking fund for payment of principal and interest on any bonds which may be sold to finance the improvement. The ordinance shall also fix times of payment, schedule of payments, rate of interest on unpaid installments , the date of delinquency of assessments, and the penalty and interest to be paid on delinquent assessments. On delinquent assess ments , penalty shall be in accordance with the provisions of KMC 1. 75.010 . The assessment roll shall be filed with the City Clerk at the time of the introduction of the ordinance and shall be open to public inspection . (b) Th e City Clerk shall give notice of the public hearing on the ordinance: (1) By regular mail mailed not less than ten (10) days before the date of the hearing to each record owner of a parcel in the district ; and New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No . 3041-2018 Page 2 of 2 (2) By publication in a newspaper of general circulation at least once a week for four ( 4) consecutive weeks. (c) The notice mailed to each record owner in the district shall state that the assessment roll is on file in the office of the City Clerk and is available for public inspection, the time and place for the hearing of objections to an assessment, and the amount of the assessment to be levied against the parcel. (d) After the public hearing on the ordinance, the Council shall correct any errors or inequalities in the assessment roll, and confirm the corrected roll by adoption of the ordinance . Section 2. Amendment of Section 16.15.050 of the Kenai Municipal Code: That Kenai Municipal Code, Section 16.15.050-Establishment of Amount, is hereby amended as follows: If the Council deems it necessary, the establishment of the amount of the "in-lieu payment" may be processed as required by KMC 16.05 .140 [10.070] through 16.05.160 [10.130] of this Code. Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision , or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances . The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application . Section 4. Effective Date: That pursuant to KMC 1.15 .070(f), this ordinance shall take effect 30 days after adoption . ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17 day of October, 2018. ~RIAN GABRIEL SR., MAYOR Introduced : October 3 , 2018 Enacted: October 17, 2018 Effective: November 16, 2018 New Te xt Underlined; [DELETED TEXT BRACKETED] 'Vtfl~ tt1/tlv a PaJ'~ Ct~ tt1/t/v a h.tal"e 11 210 FidalgoAve, Kena i , Alaska 99611 -7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www. k enai.c i ty MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai C ity Council Scott Bloom, City Attorney September 25 , 2018 Ordinance No. 3041-2018, Housekeeping Amendment to Title 16-Public Improvements and Special Assessments The City Council Recently repealed and re-enacted two Chapters of Title 16-Public Improvements and Special Assessments. After receiving the changes, the City's code publisher pointed out two sections of code that need clean up. First, KMC 16 .05 .160(a) references the City 's rate of penalty in the last sentence but left off the actual code section (KMC 1. 75 .010) that provides for a rate of penalty of 10 %. Second, KMC16.15.050 that deals w ith in-lieu payments contains a reference that was repealed . The proposed ordinance provides the correct new reference. Your consideration is appreciated.