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HomeMy WebLinkAboutOrdinance No. 3126-2020JC? Sponso red by: Adm inistration Ki;NAI CITY OF KENAI ORDINANCE NO. 3126-2020 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING FEDERAL CARES ACT FUNDING PASSED THROUGH THE STATE OF ALASKA FOR EXPENDITURES IN RESPONSE TO THE COVID-19 PANDEMIC, WAIVING THE $5,000 LIMITATION IN KMC 7.25 .020 (A) ON THESE FUNDS TO ALLOW THE CITY MANAGER TO ALLOCATE THE FUNDS TO THE PROPER ACCOUNT AS NEEDS ARISE AND DECLARING AN EMERGENCY. WHEREAS, the World Health Organization declared COVID-19 as a pandemic on March 11 , 2020; and , WHEREAS, the first coronav irus patient in Alaska was diagnosed in Anchorage on Marc h 12, 2020 , and other positive diagnoses have since occurred on the Kenai Peninsula ; and, WHEREAS, Governor Mike Dunleavy issued a Declaration of Public Health Disaster Emergency on March 11, 2020, and the President of the United States issued a Proclamation Declaring a National Emergency on March 13, 2020; and, WHEREAS, on March 18, 2020, the City Manager declared a local disaste r emergency that was extended the same day by the City Council; and , WHEREAS, on March 24, 2020, the City Council enacted Ordinance 3115-2020 granting the City Manager City certain emergency powers ; and , WHEREAS, on April 9, 2020 President Donald J . Trump approved a Disaster Declaration for the State of Alaska; and , WHEREAS, pursuant to KMC 1.15.70(d) the City may introduce and finally pass on the same d ay, an ordinance making , repealing, transferring or otherwise changing an appropriation ; and, WHEREAS , state law and City Charter allow for emergency ordinances when necessary to preserve public , peace health and safety; and, WHEREAS, Kenai Municipal Code 7.25 .020 -City Budget Control , lim its the City Manager's authority to a llocate funds in amounts $5 ,000 or greater; and, WHEREAS, as federal CARES Act funds become availab le , the City Manager needs authority to allo cate funds as expenditures related to the COVID-19 Pandemi c arise in a time sensit ive manner. NOW , THEREFORE , BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, as follows : Ordinance No. 3126-2020 Page 2 of 2 Section 1. Classification: that this Ordinance is not of a general and permanent nature and shall not be codified . Section 2. Declaration of Emergency: That the COVID-19 pandemic has created an emergency recognized on the federal, state and local level and that this Ordinance is necessary to immediately preserve public peace, health and safety. Section 3. That the City Manager is authorized to accept a federal grant passed through the State of Alaska for expenditures in support of the City's response to the COVID-19 Pandemic. Section 4 . That the estimated revenues and appropriations be increased as follows: General Fund: Increase Estimated Revenues - Federal Grants Increase Appropriations - Non-Departmental -General Contingency $50.000 $50,000 Section 5. That the $5,000 limitation in KMC 7.25.020 is waived for these funds to allow the City Manager to allocate funds to the correct accounts as expenditures arise. Section 6. 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 7. Effective Date: That pursuant to KMC 1.15.0?0(f), this ordinance shall take effect immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 61h day of May, 2020. New Text Underlined; [DELETED TEXT BRACKETED] Introduced: May 6 , 2020 Enacted : May 6, 2020 Effective: May 6, 2020 City of Kenai I 210 !=idalgo Ave, Kenai. AK 99611 -7794 I 907.283.7535 I www.kenai.city MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager Terry Eubank, Finance Director April 29 , 2020 Ordinance 3126-2020 The purpose of this memo is to recommend enactment of Ordinance 3126-2020 which will appropriate $50 ,000 of anticipated grant fund from the CARES Act passed through the State of Alaska for COVID -19 Pandemic related expenditures and waive the $5,000 limitation of KMC 7.25.020 to provide the City Manager the authority to allocate the $50,000 to the necessary accounts as expenditures are made . To date the City has not received a formal grant award and this appropriation is be ing made in anticipation of a grant. Should a grant not materialize any expenditures made from these funds would be the responsibility of the City. The administration believes there is a strong likelihood a grant is forthcoming and all expenditures being made by the City in response to COVID-19 will be reimbursable from a CARES Act grant or funding from FEMA. The request to waive the $5,000 limitation on budget adjustments for these funds provides the admin istration the flexibility to allocate these funds where needed as those needs arise. The administration 's traditional budgetary control is at the account level and in amounts of less than $5,000. This ordinance expands the administration 's budgetary control for these funds to the account level and the amount of the appropriation, $50,000 . Your support for enactment of Ordinance 3126-2020 is respectfully requested .