HomeMy WebLinkAboutORDINANCE 0570-1980CITY OF KENAI
ORDINANCE NO. 570-80
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
REPEALING KMC 11.10 CONCERNING THE HARBOR COMMISSION AND
ADOPTING A NEW TITLE 24 TO CREATE A PORT OF KENAI COMMISSION
TO CONSOLIDATE HANDLING OF ALL TRANSPORTATION FACILITIES
THEREIN,
WHEREAS, the City presently has an Advisory Harbor Commission,
created by KMC 11.10 to plan the development of harbor
facilities within the City and to advise as to capital
improvements and regulations thereof, and
WHEREAS, the Council believes it advisable to create a
commission with a broader jurisdiciion and greater power to
consolidate development, regulation, and use of harbor
facilities, airport facilities, and any other transportation
terminal facilities which may subsequently be inaugurated in
the jurisdiction and under the control of the City and to
control the lands connected therewith, and specifically,
without being limited to, all airport lands, tidelands, and
submerged lands, and
WHEREAS, it appears that objective could best be achieved by
setting up an independent commission in a new title of the
Kenai Municipal Code, and
WHEREAS, since it is desirable to continue the service of 6
current members of the Harbor Commission for continuity, but
it is also desirable to appoint members to the new Commission
who have knowledge and interest in airport and flying activities,
it is believed that during a transition period a larger
commission should be created to be reduced subsequently.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, as follows:
Section 1: Chapter 11.10 of the Kenai Municipal Code
is hereby repealed.
Section 2: That the Kenai Municipal Code is hereby
amends being a new title to be numbered 24 which shall
read as follows on the attached pages.
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Ordinance No. 570-80
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Section 3s In transition the existing membership of
the Rena Harbor Commission shall be appointed to
the Port of Kenai Commission to serve as members thereof
until their terms on the Kenai Advisory Harbor Commission
would have expired if the said Commission had not been
terminated by this Ordinance, and the Mayor will appoint 3
members to the Port of Kenai Commission, to be confirmed by
the City Council, to serve until January, 1983. In January
of 1981, when the terms of 4 Kenai Advisory Harbor Commission
members expire, only 2 appointments will be made to the Port
of Kenai Commission in order to reduce it to the size set by
this ordinance.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THIS
21st day of May, 1980.
VINCENT 0 REILL , MAYOR
ATTEST:
Janet Whelan, City Clerk .
First Readings May 7, 1980
Second Readings May 21, 1980
Effective Dates June 21, 1980 ,
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Title 24
PORT OF KFNAI COMMISSION
Chapters:
24.05 Port Commission
24.10 Proceedings of Port Commission
24.15 Jurisdiction, Duties, and Powers
24.20 Powers of Commission
24.25 Duties
Chapter 24.05
PORT COMMISSION
Sections:
24.05.010 Creatior.
24.05.020 Appointment and terms.
24.05.030 Qualifications.
24.05.040 Ex-offieio members.
24.05.050 Officers.
24.05.010 Creations There is hereby created a Port of
Kenai Commi.ssio.:•nh ch, after the transition stage, shall
consist of 7 members, and which shall be referred to throughout
this Title as the Port Commission. (Ord 570)
24.05.020 Appointment and Termss The members of the
Port Commission shall be appo nted for 3 year overlapping
terms by the Mayor and the appointment shall be subject to
confirmation by the City Council. Any vacancies on the Port
Commission shall be filled by appointment in the same
manner for the unexpired term. (Ord 570)
24.05.030Qualifications: Only residents of the City
of Kenai are eligible for appointment to the Port Commission,
and any member of the Port Commission whose residence is
moved from the corporate limits of the City of Kenai shall
cease to be a member of the Port Commission and the seat of
such member shall be automatically vacated. If any member
shall miss 3 consecutive regular meetings of the Port Commission
without being excused therefrom, then he or she will cease
to be a member of the Port Commission and his or her seat
shall be vacated. (Ord 570)
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24.05.040 Ex-Officio Members: The Mayor and one
Council member, elected by the Council, shall serve as ex-
officio members of the Port Commission, and ex-officio
members may attend all meetings, shall. have the privilege of
the floor, but shall not vote. (Ord 570)
24.35.050 Officers: A Chairman and a Vice -Chairman
shall be elected each January from and by the appointive
members of the Port Commission. (Ord 570)
Chapter 24.10
PROCEEDINGS OF PORT COMMISSION
Sections:
24.10.010 Meetings.
24.10.020 Minutes of meetings.
24.10.030 Filing with city clerk.
24.10.040 Quorum and rules.
24.10.01C Meetings: There shall be regularly scheduled
monthly meetings of the Port Commission. Special meetings
may be called by the Chairman, Vice -Chairman, or any 2
members of the Port Commission. Pursuant to Alaska Statute,
and with such exceptions as may be allowed by such statutes
or ordinance, the meetings of the Port Commission shall be
open to the public. (Ord 570)
24.10.020 Minutes of Meetings: Permnancnt records or
minutes shall be kept of the Port Commission's proceedings
and such minutes shall record the vote of each member upon
every question. (Ord 570)
24.10.030 Filing with City Clerk: Every decision,
recommendation, or finding of the Port Commission shall
immediately be filed in the office of the City Clerk, and
shall be a public record open to inspection by any person.
(Ord 570)
24.10.040 Quorum and Rules: Four members of the Port
Commission will constitute a quorum, and any action may be
taken by a majority of those present and voting if a quorum
is established. The Port Commission shall establish such
other rules of procedure as it may deem necessary. (Ord
570)
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Chapter 24.15
JURISDICTION
Section:
24.15.010 Jurisdiction.
24.15.010 Jurisdiction: Subject to the paramount
authority of the City Council, the Port Commission shall
have jurisdiction, supervision, and control of the Kenai
Airport, Kenai Harbor and Docks, and any other transportation
terminal facilities subject to the control of the City of
Kenai. (Ord 570)
Chapter 24.20
POWERS OF COMMISSION
Sections:
24.20.010 Contractual.
24.20.020 Fixing of rates and charges.
24.20.030 Regulation of terminal facilities.
24.20.040 Investigation of permit holders --cancellation.
24.20.050 Permit for terminal or transportation facilities.
24.20.060 Appointment of airport director, manager, or
harbor master.
24.20.070 General powers and duties of administrators.
24.20.080 Declaration of policy.
24.20.010 Contractual: The Port Commission shall have
the power to acqu re and own, in the name of the City, real
and personal property and all rights thereto; to enter into
contracts; and to take all necessary action in the furtherance
of any of the powers herein expressly set out. Service
charges established by the Port Commission or other fees or
payments collected shall be deposited with City funds but
will be separately accounted for, provided, however, that
all proposed contracts for the purchase or sale of real
property or any interest therein and all contracts not less
than $1,000 shall require prior approval by the City Council,
execution by the City Manager, and attestation by the City
Clerk. (Purchases under $1,000 shall follow established
City purchasing procedures.) (Ord 570)
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24.20.020 Fixing of Rates and Charges: The Port
Commission shallthe rates, charges, and classifications;
to be charged for the use of any and all terminal or trans-
portation facilities constructed on property under its
jurisdiction, including charges assessed against any aircraft,
ship, or other vehicle (or their owners, agents, or operators)
which load or discharge cargo at or on the airport, dock,,
harbor, or any other terminal facility constructed on property
under its jurisdiction; and such other charges as may be
reasonably required by facilities furnished by the City.
Such rates, charges, and classifications shall be just and
reasonable as determined by the Port Commission and shall be
published in such mannt-C aL the Port Commission may require
and shall be final unless changed by the City Council on
appeal or by its own motion. (Ord 570)
24.20.030 Regulation of Terminal Facilities: The Port
Commission may regulate the manner in which the airport and
related non -aviation facilities, the harbor and related ,,:.n-
shipping facilities, and any other transportation facilities
within its jurisdiction are operated with reference to the
safety, accommodation, and service of the public. In order
to implement this grant of authority, the Port Commission
shall have the power to adopt such rules and regulations as
may be necessary to carry out its duties, subject to amendment,
repeal, or addition by the City Council. (Ord 570)
24.20.040 Investigation of Permit Holders -Cancellation:
The Port Commiss on may inquire into the manner in which
obligations are carried out, and the practices of the
permit holders for the purpose of determining whether the
provisions of the permits are being complied with. It shall
have access to books and records to terminal and transportation
facilities as may be reasonably necessary to enable it to
make such a determination. Should the Port Commission find
that at any time a permit holder is not complying with the
terms of its permit, it may cancel the permit upon such
notice and in accordance with such procedure as it may, by
regulation, prescribe. (Ord 570)
!' 24.20.050 Permit For Terminal or Transportation Facilities:
` (a) All lessees, owners, or occupants of property
within the territorial jurisdiction of the Port Commission
and subject thereto, who wish to construct or operate terminal
or transportation facilities of any kind therein, including
but not limited to, aircraft and boat maintenance facilities,
warehouses, etc., shall apply to the Port Commission for
authorization. Such applications shall be accompanied by a
plan of the proposed construction and shall meet all standards
and requirements which may be set forth by the Commission..
(b) The Port Commission shall refer plans of the tyrA
or location of the proposed construction which are in
conflict with the general plan to the Planning Commission to
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Sections:
24.25.010
24.25.020
24.25.030
24.25.040
24,25.050
24.25.060
24.25.070
24.25.080
Chapter 24.25
DUTIES
Master plan.
Capital improvements.
Inves3tigat•ion and recommendations.
Actions.
Lease review.
Reports and plans.
Coordination.
Advice for selection of director, master,
or manager.
24.25.010 Master Plan: The Port Commission shall
develop, adopt, alter, or revise, subject to approval by
the City Council, a master plan for the physical development
of airport, harbor or port, or other transportation terminal
facilities for the City. Such master plan with accompanying
maps, plats, charts, descriptive, and explanatory matter,
shall show the Port Commission's recommendations for the
development of such facilities and may include, among other
things: (a) development of the type, location, and sequence
of all such facilitiess (b) the relocation, removal, extension,
or change of use of such existing facilities. (Ord 570)
24.25020 Capital im2rovements: The Port Commission
shall submit annually to the City Manager and Council, not
less than 90 days prior to the beginning of the budget year,
a list of the recommended capital improvements which, in the
opinion of the Port Commission, are necessary or desirable
to be constructed during the forthcoming 3 year period.
Such list shall be arranged in order of preference, with
recommendations as to which projects shall be constructed in
which year. (Ord 570)
24.25.030 Investigation and Recommendations: The Port
Commission shall make investigations regardinq any matter
related to City Airport, harbor, or other transportation
terminal facilities, or related to airport, tide, or sub-
merged lands] and shall make recommendations to the Council
relative to the care, control, and development of such
lands. (Ord 570)
24.25.040 Actions: The Port Commission shall act in
the capacity as erected and authorized by ordinances adopted
by the City for airport lands, tidelands, and other lands
relating to transportation terminal facilities. (Ord 570)
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determine whether such proposed construction is in kc•Fcpinq
with the objectives of the general plan. The decision of
the Planning Commission shall be bi3dinq upon the Port
Commission unless reversed by the Council. The Port Com-
mission, subject to conditions of this section, may issue
permits upon such terms and conditions and for such duration
as it may deem proper, and no construction may be starred or
operation► carried on without a permit from the Port Com-
mission.
(c) Every permit, lease, deed, or conveyance of any
right, title, or interest from the City to any lands within
the jurisdiction of the Port Commission shall incorporate,
by reference or otherwise, and shall be subject to, the
restriction contained in this section. (Ord 570)
24.20.060 Appointment of Airport Director, Mana er
or Harbor Master: The City Manager shall appoint the
Airport D rector, Harbor Master, or Manager of any other
transportation terminal facility from a slate of two or more
candidates nominated by the Port Commission and shall appoint
such technical and administrative employees (selected by
such Director, Master, or Manager) as shall be necessary to
carry on the functions of the Airport, Harbor, and any other
transportation terminal facilities in the jurisdiction of
the Port Commission. The City Manager shall consult with
the Port Commission regarding the appointment or dismissal
of such director, manager, or master and shall consult with
both the director, manager, or master concerned and the Port
Commission regarding appointment, pooition classification,
and pay scale as these matters relate to employees subject
to the jurisdiction of such director, manager, or master.
(Ord 570)
24.20.070 General Powers and Duties of Administrators:
The Airport Director shall be the chlef administrator of the
airport, the Harbor Master shall be chief administrator of
harbor and docks, and any other transportation terminal
facility subject hereto shall have a chief administrator
named in accordance with the processions of the ordinance
establishing such facility. Except as specificaliy other-
wise instructed by the City Manager, such official shall
exercise such powers and perform such duties as may be
prescribed by the Port Commission, and shall, in addition,
perform all duties imposed by state or federal law. (Ord
570)
24.20.080 Declaration of Policy: It is the intent of
the City Co+incil t at the Port Commission shall be an agency
with primary responsibility for operation of the Kenai
Airport, Harbor and Docks, and other transportation terminal
facilities within the jurisdiction of the City subject only
to general policy ratification by the City Council. (Ord
570)
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24.25.050 .Lease Review: The Port Commission shall
review all City leases of City -owned tidelands, submerged
lands, airport lands, and all other lands or navigable
waters under control of the City, and all of the planned
improvements proposed, and make recommendations to the City
Council with respect thereto. (Ord 570)
24.25.060 Reports and Plans: The Port Commission
i shall make and prepare reports and plans for approval by the
City Council. (Ord 570)
24.25.070 Coordination: The Port Commission shall
coordinate public, individual, and group efforts, to ef-
fectuate approved plans. (Ord 570)
24.25.080 Advice for Selection of Director, Master,
or Manar- T;;e Port Commission shall act in advisory
capacity in the selection of an Airport Director, a Harbor
Master, or a Manager of any other transportation terminal
facilities that might be created by the City Council. (Ord
570)
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