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HomeMy WebLinkAboutORDINANCE 0221-1973~- - .,. _. . L ' j"'.° ~~ ,{i ,/~/~• (J ._ _ __ - -- ~---~~_.._.- - - - t --d CITY OF KENAI ORDINANCE 221-73 AN ORDINANCE TO ESTABLISH AivD COLLECT A SERVICE AND USER'S FEF FOR PERSONS BOARDING COMMERCIAL AIRCRAFT AT THE KENAI MUNICIPAL AIRPORT AND DECLARING AN EMERGENCY. THE CITY OF KENAI ORDAINS: Section 1. Finding. The City Council of the City of Kenai, Alaska hereby finds as follows: That the City of rienai is a Nome Rule City of the State of Alaska, and is empowered to enact ordinances for the management, government and use of property under its control and to determine charges, rentals or fees for the use of any such properties; to identify the services or accommodations and to determine the Perms and conditions under which said properties may be used or services obtained, that the City Council has determined, after investigation, that the use and services of the Kenai Municipal Airport and its various facilities are enjoyed by persons and taxpayers not only residing in the City of Kenai, which supports the airport, but by numerous persons residing outside of the limits of the City of Kenai, who do not directly contribute to the support, construction, improvement, equipment, maintenance, operation and control of said airport and its facilities; that the City Council has determined that there exists a need for additional revenues with which to defray the cc+ntir!ued and future cost of such services, facilities and airport, so as to provide for the reasonable safety, convenience and comfort of enplaning passengers using such facilities and services; and the City Council has determined after due consideratio;, that the responsibility for the support, construction, improvement, equipment, operation and maintenance of said airport and its facilities, lies with and should be shared more equally by alt persons who enjoy and use its facil- ities and services. Section 2., Commencing June 1, 1973, there is hereby created and estab- lished ause and service charge of 1;1.00 for each passenger enplaning any cor,~merciai aircraft operated from the Kenai Municipal Airport. Said use and service charge shall be affixed and imposed beginning June 1, 1973. "Commercial Aircraft" means: Any aircraft operated by an air carrier certificated to perform air transportation, and also any rion-cer°tificated air t:er'riar uEier'atir~y asp a scl'ieK3uiad basis and transporting persons far hire. ~ Section 3. Each commercial airline or aircraft operator now or here-after =-~ operating commercial aircraft to or from the Kenai Municipal Airport, is hereby charged, ~= ' f together with its various agents and travel agencies, servants, employees and represent- atives, with the responsibility of collecting said use and service charge. Section w. Said commercial aircraft operators arF hereby further directed to remit to the City of Kenai all of ~h•a use and service charges chargeable under the terms of this ordinance, less 5~ for airline administration costs, within 15 days after the close of each calendar month. Said remittance shaft be based upon the number of enplaning passengers at the Kenai Municipal Airport, as hereinabove described times the use and service charge of X1.00. -._ r" ',(a i ., ---3 _ --'~€ s ~.__ , ... •~ Oi21JINANCE 221-73 page -~- Section S. Term "ea;,;~ passenger enplaning any commercial aircraft" shall not inc{ude, nor shat! the use and service charge hereby created, apply to any active members of the United States Armed Forces enplaning aircraft at the Kenai Municipal Airport. Section 6. All revenue collected from said use and service charges shall be deposited in the City of Kenai Airport Maintenance and Operation Fund and shall be expended therefrom, on authority of the City Council of the City of Kenai, only for the following purposes a. Any operational expenses attributable to said airport. b. Equipment, maintenance, additions, alterations, remodeling redecorating, and similar expenditures attributable to said airport. c. The acquisition of clear zone rights, easements, and titles, the effectuation of airport zoning, and the promotion of the safety, health and welfare of persons using said airport or lands in the vicinity thereof. d. To finance the City's share of any capital improvement related to said airport or located thereon, including but not limited to federal and state grant programs.: e. To reimburse the general fund of the City for advances made in past years to operate or to establish and improve said airport. Section 7. Notwithstanding the provisions of Section 6 hereof relating to the use , . of revenues pursuant to said use and service charges, they «~ay be pledged for the support a or payment of any bond issue and the principal and interest attributable thereto which has been issued and sold for any or all of the purposes set forth in Section 6 hereof. Section 8. Any persons found guilty of violating this ordinance or enplaning a commercial aircraft without paying said use and service charge, or failing or refusing to remit said charge to the City shall be deemed guilty of a misdemeanor and, upon con- viction, shall be subject to a fine or not more than X500 or imprisonment not more than 90 days, or both. This ordinance may also be enforced by suit for superintending cantrot, mandamus, injunction, action for damages, or any other appropriate remedy. Section 9. If any clause or provision of this ordinance, or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. Section 10. This ordinance shall take effec! on June 1, 1973, and a copy vi said ordinance shall be~posted in a conspicuous place in the public lobby of the terminal building on the airport, and copies shall be given to ail commercial airlines operating out of the Kenai Municipal Airport. The use and service charge created by this airport shall be collected from passengers enplaning JUNE 1, 1973 and thereafter . Oiti~INANCE 221-73 Page -3- Section 11. An emergency is hereby declared and the rules ycverniny introduction, reading, passage and approval of this Ordinance are hereby suspended, and this Ordinance shall become effective the 1st day of June 1973. First Reading day of 1973 Second Reading day of 1973 Passed this day of 1973 JOHN F. STEINBECK, MAYOR ' ATTEST: Sharon Sterling, City Clerk Posted after first reading on day of 1973 ,' Posted after second reading on day of 1973 ~. ~ ~ ' .a+ f' ~ ~~ I r. 6 ~