HomeMy WebLinkAboutORDINANCE 0328-1977CITY OF KENAI
ORDINANCE NO. 328-77
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, PROVIDING
FOR THE SUBMISSION OF CHARTER AMENDMENTS CONCERNING SPECIAL ASSESS-
M~NTS TO THE QUALIFIED VOTERS OF THE CITY AT A SPECIAL ELECTION TO BE
HELD _T~,,d~_V. ,.'Fla_y !7, ,1977.
WHEREAS, the City has experienced difficulty in equitably apportioning the
costs of local improvements financed in part by the City because of the provision
contained in Section 7-3 of the City Charter which limits the amount of the
assessment on a parcel to the fair market valuation of the parcal plus the cost
of the improvement, and
WHEREAS, State statute which provides that installments on special assessments
may not exceed the assessed valuation limits on assessment t~ a reasonable
amount but does not in effect prohibit the fair apportionment of assessment
as does the current charter provision, and
WIt~REAS, the~e is no provision in the Charter which allows the issuance of
special assessment bonds witimut the z~tifieation by the voters, and
WHEREAS, by virtue of the aforementioned Charter provisions, the City
is virtually unable at the present time to form assessment districts to
provide local improvements to its citizens, and
WHEREAS, a special election will be required to allow an opportunity
for these Charter amendments to become effective before the 1977
construction season.
NOW., THEREFOR._., BE IT ORDAINED by the Council of the City of Kenai,
Alaska, as foll. ows:
Section h That the Council hereby calls a special election which
shall be held Tub. sd,y, May 17 ,1977, for the sole purpose
of the submission of the proposition set out in Section 9. hereunder.
Section 2: That the following proposition shall be submitted to the
qualified voters of the City of Kenal at the special election called
herein above in substantially the same form as is set out hereinafter:
ORDINANCE NO. 32 /70 Page Two
PROPOI~ITION
The last sentenee of Section 7-3 of the Charter of the City of Kenat
reads as follows:
"No special assessment shall be levied by the C~.~ government
against any property in excess of 25% of the fair cash market value of
the property after giving effect to the benefit accruing thereto from the
work or action for which assessed."
Shall such sentence be amended to read as follows?
The Council shall provide for payment of special assessments
either in one sum or in yearly installments. No yearly installment
may exceed 25% of the assessed value of the property affected.
And, Section 7-4 of the Charter of the City of lienai reads as follows:
Protests
Section 7-4: "If written protests as to the n~essity for any
public improvement are made by the ownera of benefitted real propez'ty
which would bear fifty peecent or more of the estimated cost of the
L*nm, ovement, the improvement shall not proceed until the protests
have been reduced so that the property of those still protesting shall
not bear fifty percent of the said estimated cost, except upon approval
of the Council by a vote of at least six members."
Shall fteotion ?-4 be amended to read in its entirety as follows:
Protests
Section 7-4: The City shall not px~eceed with any public
improvement for which a special assessment district is to be formed
until it has received written approval to proceed from the owners
of properties bearing 50% or more of the estimated cost of the
improvement.
!
77, Page Three
ORDINANCE NO. 3'-
And, shall s new Section 6-5 be added to the Charter of the City of Kenai
which shell raad in its entirety as follows?
SPECIAL ASSESSMI~NT BONDS
Section 6-5: The City shall have the power to borrow money to
pay ell or part of the cost of local improvements in special assessment
districts and to issue special assessment bonds or other evidences of
indebtedness, therefor,, the principal and interest of which are payable
solely out of the special assessment levied against the property to be
benefitted by the improvements. Such special assessmellt bonds shall
be authorized by the Council by ordinance and no ratification by the
votel's of the City shell be required. The property benefitted ms), be
pledged by the Council to secure a payment.
YES
NO
Section 3: The tl~ee amendments proposed hereinabove are so
inter-related that they should be approved or rejected together and
therefore, should be voted upon as one proposition as provided
hereinabove.
PASSED by ttie Council of the City of l~ermt, Alaska this
March ,1977.
ATTEST:
~ C. Peter, City Clerk
16th day of
,~ -JAMES A. ELSON, MAYOR
FIRST READING:
SECOND READING:
THIRD R~ADING:
EFFECTIVF, DATE:
Febmla~,/16, 1977
March 2z,,1977
March I$~ 1977
April 16, 1977
CITY OF KENAI
W~, THE MEMBERS OF THE KENAI CITY COUNCIL DO HEREBY CERTIFY THE
RF-.~ULTS OF A CANVASS OF THE BALLOTS FOR THE SPECIAL ELECTION OF
TUESDAY, MAY 17, 1977, TO BE AS FOLLOWS:
PROPOSITION
YES NO
,
SPOILED BALLOTS:
CHALLENGED BALLOTS:
ABSENTEE BALLOTS: ,,
TOTAL BALLOTS CAST:
ED~A'I1D ~,.~IBAR"IAN, COUNCILMAN
THOMAS ACKERLY, COUNCILMAN
,
B~CK~ (~OUNCILWOMAN/'~
DAN A. WHELAN, COUNCILMAN
DATED: May 18, 1977
- ./Sue C. Peter, City Clerk