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Home My WebLink AboutORDINANCE 0233-1973v ~. „~ CITY nF KI:`~AI -- nrdinancc~~-73 PROVIDING Ff1R AN rASE~tENT I:~ AtiY CITY IVTF:REST I'7 SOI.II) 1VASTF J)ISPQSAL SITE, IF REOUIRF:I), TO THF•. Y.ENAi PF:?'JI`JSi11.A B~ROi1C1I BY THE: CITY nF KENAI AND TRANSFER OF ANY POIVFRS RELATER T~ TIII: OPF:RAT1~'d ~F A SnI.IT1 SVASTE DISPOSAL SITE. TO TiIE KENAI PF:'JIVSIILA IillROUGII, 6~rAi£~ . 1VHERF.AS, enactment of n.S. 29.33.260 providES for transfer to a second class borough, of a power of a city, anti pursuant to A.5. 29.48.033, exercise of garbage and solid waste collection and disposal power has been undertaken by the Kenai Peninsula Borough throughout the entire borough, including such cities as wish to participate, and the City of Kenai does desire to have a solid haste disposal site managed by the Kenai Peninsula Borough; $I: IT ORDAINED BY TiiT: COUNCIL. QF TfiE CITY OF KENAI, ALASKA: Section 1 - The City Council finds that the operation of the solid cvaste disposal site of the City of Kenai by the Kenai Peninsula Borough would be beneficial and in the public interest of the City of Kenai. Section 2 - That the City of Kenai hereby grants to the Kenai Peninsula Borough an easement in, and to, any interest it may have, if any, in that certain solid waste disposal site, for operation, maintenance or other ancillary uses, located within and upon following described real property: Northwest 1/4, Northeas*_ 1/4 (Ivir 1/4, NE 1/4), Section 36, Township 6 North, Range 12 i•~est (TGN, R121V) , SeVrard Ateridian. Section 3 - That Kenai Code, 1963, as amended is Hereby further amonded to add Section 9-12 to read as follows: Operation of solid waste disposal site Section 9-12 (a) city City of Kenai hereby transfers z its municipal poorer, or authority for operation of a solid ovate collection and disposal site to the Kenai Peninsula iiorough. This transfer con- templates transfer of any authority it may have in, and to, the operation of the solid waste disposal site E 233 e ~. ~. }:: - - -- - <.. being operated by the City of t'enai on the effective date of approval by the Kenai Peninsula Porou};h !'^sem}rl y. This transfer is accomplished ptrrstrant to A.`;. 2.33.25-~ and A.S. 2cJ.33.260. (b) 'T'hat the only solid waste collection and disposal sites which may he operated within limits of the City of t;enai shall he those operated by the Kenai Peninsula Borough. Section 4 For any transitional period between the tune of Kenai Peninsula Borough staffing of the solid waste collection and disposal site ,or sites, located within the City's limitstanct the time ;when the powers are accepted by the Kenai l~eninsrrla Borough, ciuring which staffinf; is being accomplished by the City of Kenai, there is hereby authorized execution of such contract as may he required between the Kenai Peninsula 13orouglr and the City of Kenai for operation of a solid waste disposal. site. Section S - Cocle of the City of Kenai is hereby amended for Sactions 9-1*, 9-S and 9-lI to real as follows: Definitions Section ~-1. Those definitions specif.iecl in Kenai Peninsula Borough Code Section la.1C.C6C arc hereby adopted by reference herein. Collection service required -- ~ccuPant to Jsay collection fees Section 9-5. (a) It is hereby forrncl anti determined that the periodic collection of s„arl~age from all places in the City of Kenai benefits all occupants of places and premises in the city; and such occupants ~r persons in possession, charge, er control of any place in or from which garbage is created, accumulated, or produced are liable for and shall pay the garbage collection fees for collection service as established by law. (b) It shall he mandatory for all occu- pants or persons in Possession, cl-art;e, or control of places anti premises in the City of Kenai in,or from w}ric}i garl-1f;e is created, accumulated, or produced to use such collection service -z- _ J - - - - ~ ,~ as authorized by 2avr to serve the !:ity of Kenai. Pen. alty Section 9-11. Any person, firm, or corporation w}~~ shall create or maintain a nuisance as defined in this article, or who shall violate any provision of t}iis article, shall upon conviction shall be punished by a fine of not more than 5100.00. Section 6 - Section 9-R of Code of City of i:enai, 19h3, is hereby repealed. ~_ CITY OF KT;NAI By HN • . S • I BECK, YO ATTEST: 0 'LI , (, ty er • II Posted after first reading ~(j day of 1973. '~ Posted after final passage ~ day of 1973. ~' ' * Attached far information purposes is a copy of Kenai Peninsula Borough Code Section 1A.10.060. .. 3 - • .. First reading ,L~r day of .~,~Q"ry'"_ ,_ :• 1973. Passed ~_ day of ~ ~ 1973, respon~:i.ble for such llncls, and the Y.enzi Pen~.*isula F;orouc~h, and the P4ayor. of L•he Y.enai Peninsula f3orouc~h is here}~y authori.z<~d to negotiate and enter into ouch contracts subject to approval by the a.nembly. Section 19.10.060. Ac`initionr,. Unle,s otherwise provided or the oortext othezwriso requires: (a) •"Incinerator" m~ana any equipment, device, or contrivance, ercludinr,~ fireplaces and burn barrels, used fox the controlled therr.-aI reduction of solid wast•~; (b) "Landfill" mcan:~ a land area used for the disposal of solid wasL-e; ' (c) "Solid Waste" means all' unwanted or discarded solid or semi-solid material whether putre~~- ciblc or non••putrescible, origir-ating from any source, including but not lirnit;ed to garbage, paper, wood, metal, glar~n, plastic, tubber, cloth, ashes, litter and street :;~•raep- ings dewatercd sewage Sludge, dead animals, • offal, junl.ed vehicles and equipment, material and dc;bzis resul'cirsy S.rom c~nFt~uction ox demolition projects, abandoned az:d decaying structures, and hazardour~ wastes; (d) "Putrescible waste" me~Zns mater;. l capable of being decomposed so as to cause nuisance or obnoxious odors; (e) "Hazardous waste" meanE waste that is caps}-1e of causing injury, disease or impairment of health, or property damage, including but not limited to poisons, pcr~ticides, acids, caustics, infectious or. pathological wastes, zadioactive materials, explosive materials and oil and petroleum products; (f) "Solid waste disposal facility" rneanr an inter- mediate disposal facility, transfer atatior., landfill, incinerator, composting plant, re- cycling or reclamation facility or any site uti].izcd for the reduction, consolidation, conversion, processing or. disposal of :.olid waste. F:enai I~eninat:la Izorough Os:cltnaticr. 73••x]. F~~-~g~~ ~ a1: G l,fi~ft~s . a ~~i~ - --_ - -- - - _;~ - -- CITY QF KENAI ~~- •'a~l G~a~~al ~ ~4~u~„ w, P. O. W% 5t0 KEN,11, ALASKA 99611 . TELE/HONE 4t3 • 7535 19 "c ~~ tember 19 i 3 Mayor and Council City of Kenai Box 58U Kena.f , Alaska Re: Qrdinance~~-73 -- transferring ~;arbape-refuse use collection and disposal power to Kenai Peninsula Borough and other changes in Code Title 9. The proposed ordinance proports to do: 1. Transfers an easement in any interest City leas in the existing sanitary land fill. 2. Authorizes operation by the Kenai Peninsula Borough. 3. Changes Kenai Code Chapter 9 as follows: a. adds a provis3.an for exclusive operation of a refute coll- ection and disposal site within the city limits tly the Kenai Peninsula Borough. b. adopts the definitions as utilized in Kenai Peninsula Bor- ough Code Section 14.10.060. c. changes Kenai Code Section 9-5 to more nearly conform to our existing situation. d. changes Kenai Code Section 9-lI relating to penalties, to provide a penalty more likely to be levied by the courts. Additionally this s'~ould be regarded as an effort to reduce the maximum permissible penalties under the Code, to attempt to avoid a jury trial, minimize costs for the City including attorneys fees, etc. 4. Provides authority to contract with the Borough for the operation of the present landfill by the City. This contract tritlr the liorougli should continue until the Aorough is able r_.o provide a staff, or personnel, of its own, on its own payroll to aper•atP the site. S. The emergency provision conforms to the direction which dis- covered in the Council minutes of 15 August IrJ73. JAbiR ISIiER City ttorney 1 i~ I f~