HomeMy WebLinkAboutORDINANCE 0619-1980CITY OF KENAI
ORDINANCE NO. 619-80
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
AMENDING KMC 11.10.040, KMC 14.05.040, KMC 19.05.040, KMC 20.05,
AND KMC 23.35.032 TO CLARIFY INTENT THAT CITY OFFICERS AND
EMPLOYEES SHALL NOT BE APPOINTED TO SERVE ON COMMISSIONS OR
BOARDS OF THE CITY AND THAT ELECTION OR APPOINTMENT TO CITY
OPPICE OR EMPLOYMENT SHALL TERMINATE THE PERIOD OF SERVICE OF A
MEMBER OF A CITY COMMISSION OR BOARD AND TO REQUIRE CONFIRMATION
BY COUNCIL OF APPOINTMENTS TO THE PUBLIC VEHICLE COMMISSION.
WHEREAS, the City Council of the City of Kenai believes that a
Councilmember, officer, or employee of the City should not serve
on a City commission or board, except in an ex-officio capacity
as provided by ordinance, and
WHEREAS, it is believed that such service would prohibit the
checks and balances provided by having membership of boards and
advisory commissions separate from officers and employees of the
City, and
WHEREAS, in the past members of advisory commissions have
resigned such position on being elected or appointed as officers
or employees of the City, and
WHEREAS, it has been brought to the attention of the Council that
the Kenai Municipal Code does not specifically provide for
termination of office on boards and commissions where members are
elected or appointed as City officers or employees, and
WHEREAS, the Council believes it desirable to amend the Kenai
Municipal Code to clarify requirements that term of office on any
board or commission shall be terminated when a member is elected
or appointed to City office or employment,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, as follows:
Section is That KMC 11.10.040 is hereby amended as followss
y�;
"11.10.040 Qualifications: A member of the Advisory Harbor
[NO PERSON MAY SERVE ON THE] Commission for the City of
Kenai must be (WHO IS NOT] a resident of the City of Kenai
and cannot be an officer or employee of the City of Kenai;
[AND] if any member ISO APPOINTED] shall have (MISS] 3
consecutive, unexcused absences from regular meetings of the
Commissions [OR] shall move hif resident from the corporate
limits of the City of Kenai, la an officer or employee of
of the City of Kenai, then the service of such memberjS
shall terminate immediately (CEASE AND SAID APPOINTMENT
SHALL BE NULL AND VOID]."
section 2: That KMC 14.05.040 is hereby amended as follows:
"14.05.040 Qualifications of Commission Members: B
member of the Kenai Advisory Planning & Zoning Commission
must own (NO PERSON MAY SERVE ON THE COMMISSION FOR THE CITY
OF KENAI OTHER THAN THOSE PRESENTLY SERVING ON THE
COMMISSION WHO ARE NOT PROPERTY OWNERS (MEANING] real
property within the City of Kenai (OWNERS)], n= have
resided in the corporate limits of the City of Kenai for 2
full consecutive years prior to their appointment, XW
cannot be an officer or gmpLvee of the City of Kenai: [AND]
if any member ISO APPOINTED] shall hAj& (MISS] 3
consecutive, unexcused absences from regular meetings of the
Commissions (OR] shall move his residence from the corporate
limits of the City of Kenai, or shall be elected or
then the service of such member(S] shall tgrminatg
Immediately [CEASE AND SAID APPOINTMENT SHALL BE NULL AND
VOID],"
Section 3: That KMC 19.05,040 is hereby amended as followss
"19.05.040
is
(NO
PERSON MAY SERVE ON THE COMMISSION FOR THE CITY OF
KENAI WHO IS NOT] a resident of the City of Kenai and
cannot be an officer or employee of the City of Kenail
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"11.10.040 Oualificationas D membel of the
Advisory Harbor (NO PERSON MAY SERVE ON THE) Commission
for the City of Kenai asset be [WHO IS NOT) a resident
of the City of Kenai and cannot be an officer or
employee of the City of Kenail LAND) if any member ISO
APPOINTED) shall have IMISSI 3 consecutive, unexcused
absences from regular meetings of the Commission,, [OR]
shall move his resident from the corporate limits of
the City of Kenai, or shall be electgd orannointed as
0erviee of such member(S) shall terminate immediate)
(CEASE AND SAID APPOINTMENT SHALL BE NULL AND VOID).
Section 2s That KMC 14.05.040 is hereby amended as
follows$
*14.05.040
COMMIGGion must own (NO PERSON MAY SERVE ON THE
COMMISSION FOR THE CITY OP KENAI OTHER THAN THOSE
PRESENTLY SERVING ON THE COMMISSION WHO ARE NOT
PROPERTY OWNERS (MEANING) real property within the City
Of Kenai (OWNERS)), Mat have resided in the corporate
limits of the City of Kenai for 2 full consecutive
years prior to their appointment, and cannot be an
officer or employee of the City of Kenais (AND) if any
manner (SO APPOINTED) shall have (MISS) 3 consecutive,
unexeused absences from regular meetings of the
Commission.& (OR) shall move his residence from the
corporate limits of the City of Kenai, or shall be
oe of such member(S) shall
AND SAID APPOINTMENT SHALL
BE NULL
Section 3s That KMC 19.05.040 is hereby amended as
follows:
019.05.040 Qualifications of Commission Members:
A member of the Kenai Ilegrea ion Commission must be [NO
PERSON MAY SERVE ON THE COMMISSION FOR THE CITY OF
KENAI WHO is NOT] a resident of the City of Kenai end
cannot be an officer or employee of the City of Kenai;
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' -- ram-`•, r` -
(AND) if any member (SO APPOINTED) shall have [MISS] 3
consecutive, unexcused absences from regular meetings
of the Commission), (OR SHALL) move his residence from
the corporate limits of the City of Kenai, or be
then the service of such member[S) shall
lately (CEASE AND SAID APPOINTMENT SHALL
BE NULL AND VOID ] *a
motion Qs That KMC 20.05.020 is hereby amended as
followss
020.05.020 public vehicle Commissions JAI There
is hereby established a Public Vehicle Commission,
which shall consist of 3 members appointed by the
Mayor, subject to confirmation by the Council& for a
term of one year. The Mayor shall designate the
Chairman of the Commission.
%hjs The Public Vehicle Commission shall meet on
the call of the Chairman or 2 members thereof at such
times as may be necessary to transact its business."
Section -it That the Kenai Municipal Code is hereby
amended by adding a new section to be numbered
20.05.025 which shall read as followss
020.05.025 oualifications of Commission Members:
A member of the Public Vehicle Commission must be a
resident of the City of Kenai and cannot be an officer
or employee of the City of Kenai; if any member shall
move his residence from the corporate limits of the
City of Kenai or shall be elected or appointed as
officer or employee of the City of Kenai, then the
service of such member shall terminate immediately."
Section -it That KMC 23.35.032(c) is hereby amended as
follows:
"(c) Members of the panel shal3 serve for indefinite
terms until termination by the Council, resignation by
the member, death, move from the City of Kenai.
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the City of Kenai, or incapacity of the member."
PASSED BY THE COUNCIL OF THE CITY OF KENATf-ALASKA, this 8th day
of October, 1980.
7711#`-`
VINCENT O'REILLY,
ATTEST:Pfi
� iL11X�cL
et Whelan, City Clerk
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First Readings October 1, 1980
Second Readings October 8, 1980
Effective Dates November S. 1980