HomeMy WebLinkAboutORDINANCE 0640-1981CITY OF KENAI
ORDINANCE NO. 640-81
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
AMENDING KMC 22.05.050 TO REQUIRE ACTION BY ORDINANCE TO DEDICATE _1,40
LAND FOR PUBLIC USE OR TO DETERMINE THAT LANDS SO DEDICATED ARE .�
NO LONGER REQUIRED FOR PUBLIC USE.
WHEREAS, KMC 22.05.050 required only a resolution directing sale
of lands which had previously been acquired, devoted, or
dedicated to public use, and
WHEREAS, after the original drafting of Kenai Ordinance No.
612-80 an amendment was passed to provide that tax -foreclosed
lands to be set aside for public purpose must be done so by
ordinance and that prior to sale of such lands the Council should
determine by ordinance that a public need does not exist in order
to comply with AS 29.53.360, and
WHEREAS, KMC 22.05.050 was not modified by Ordinance No. 612-80
and provides that resolution of the City Council directing sale
of lands which have been acquired, devoted, or dedicated to
public use should be by resolution which would contain a section
explaining why the property was no longer needed for public use,
and
WHEREAS, determination of public use for tax -foreclosed lands by
ordinance and determination of public use for other lands by
resolution would lead to confusion which might result in illegal
handling of tax -foreclosed properties by resolution instead of
ordinance, and one method of handling this situation should be
adopted which would be applicable in all cases,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, as follows:
Section 1: KMC 22,05.050 is hereby repealed and re-enacted
to read as follows:
*22.05.050 Determination as to Need f2 Public Use: (a)
Whether land shall be acquired, retained, devoted, or
dedicated to a public use shall be determined by ordinance
which shall contain the public use for which said property
is to be dedicated, the legal description of the property,
and the address or a general description of the property
sufficient to provide the public with notice of its
location.
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"(b) Whether land previously dedicated to a public use
should be dedicated to a different public use or should no
longer be needed for public use shall be determined by the
City Council by ordinance which shall contain the new public
use for which said property is to be dedicated or the reason
the land is no longer needed for public use, the legal
description of the property, and the address or a general
description of the property sufficient to provide the public
with notice of its location.
"(c) Any determinations pursuant to sub -sections (a) and
(b) herein which pertain to tax -foreclosed property which
has not been held by the City for a period of more than 10
years after the close of the redemption period shall also
comply with the requirements of KMC 22.05.090.9
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day
of February, 1981.
BETTY G CK, VICE MAYOR
ATTESTi
/ _
JAfiet Whelan, City Clerk
First Reading: January 21, 1981
Second Reading: February 4, 1981
Effective Date: March 4, 1981
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CITY OF KENAI
"cad eat 4 41
P. O. SOX 5S0 KENAI, ALAEKA 99611
- TELEPHONE 963 . 7535
MEMO
TOs HONORABLE MAYOR & CITY COUNCIL
FROMs BEN T. DELAHAY, CITY ATTORNEY IJ'
RE: AMENDI4ENT OF KMC 22.05.050 TO REQUIRE
DETZRMINATION OF NEED FOR PUBLIC USE BY ORDINANCE
DATE: JANUARY 14, 1981
After its initial draft, Ordinance No. 612-80 was amended to
conform to current State statutes regarding retent{on of
tax -foreclosed properties for public use and a finding that the
lands are no longer needed for public use in order to sell such
properties to require that such determinations be made by
ordinance. Previously KMC 22.05.050 provided that a
determination that land previously dedicated to public use was no
longer needed therefor should be made by resolution. To maintain
differing requirements for determination of public need in these
instances would lead to confusion, and in the event a resolution
was used concerning tax -foreclosed properties would subject the
transaction to attack by a former record owner which might cause
liability to be imposed upon City. It is therefore recommended
that Ordinance No. 640-81 be introduced and passed in order to
provide that all such determinations shall be made by ordinance.
BTD/md
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