HomeMy WebLinkAboutORDINANCE 0185-1970CITY OF KENAI -- ORDINANCE
REVISINO A HAJOR PORTION OP CttAPTER 19, KENAI CODE, !9C3, AS A~ENDED,
AND ADOPTINO SELECTED PORTIONS OF ALASKA ADMINISTRATIVE CODE,AND REPEALINO
PROVISIONS OP KENAI CODE, 1963, WHICH MIGHT CONFLICT ~ITH NEW E~CTMENT
AND D~CLARINO AN EMERDENCY
WHEREAS, simplification of traffic regulations can best be achieved
if city ordinances are,as ~uch as possible, identical to state "Rules
o~ the Eoad" and other re~ulatlons for ~otor vehicles;and the most
readily accomplished means of revisln~ existing ordinances is the adop-
tion o~ pertinent portions of the Alaska Administrative Code ~ertainlng
to ~otor vehicles:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That the Code of the City of Kenai, 1963, as amended, is
hereb~ further amended to repeal sections 19-0.5 and 19-1 and to accomp-
lish Che purposes stated above, there Is hereby enacted the following
code provisions:
Applicable Provisions of Alaska Administrative Code Adopted b~
Refe~e~W.
Sectlon 19-1. Incorporated by reference in this codg, are the
following provisions of Alaska Administrative Code, which are
attached hereto and specifically Incorporated herein by reference
as though set forth verbatim here~n, the adopted portions being
identified by the Sections numbers, as follows:
13-AAC O~.005 thru 13 AAC 02.585
13-AAC 0~.005 thru 13 AAC 0~.310
13-AAC 06.010 thru 13 AAC 06.060
13-AAC 10.005 thru 13 AAC 10.395
Section 2. To avoid conflicting or duplicating provisions of the Code
enacted in Section 1 of this ordinance, the followin~ sections of
Kenai Code, ~96~, are hereby repealed:
19-0.5 19-23
19-12
19-13 19-60
19-20 19-61
19-21 19-13~
19-22
Section 3. Kenal Code, 1963, Section 19-35(a), an amended, is hereby
repealed and reenacted to read as follows:
Redemption or Sale of Impounded Vehicle.
Section 19-35. (a) If, after impoundment, the owner or authorized
representative of an abandoned motor vehicle, claim~ the said
vehicle, it shall be released upon payment of towing charges and
storage fees conforming to the tariff schedule filed with the
Alaska Transportation Commission of designated impoundin~ f&c!llty.
Section 4. An emergency is hereby declared and the rules ~overn!n~
the introduction, reading, passaze, and approval of this ordlnan~e
are hereby suspended and this ordinance will be immediately
upon its passage ~nd approval.
E~EROENCY DECLARED: _~_ da7 of September 1970.
FIRST READING: ._.~._ day of September 1970.
PASSED: _~_ day of September 1970.
ATTEST:
,~RA~ T--T-Oq~-WiLs,~:N, C~ty C:lerI:' '
,¢,,. /, ,L
/I ! /, ,,.,
TO: Mayor and Council
iUBJ: Exeoution of Council Intent for Heal and P~rsonal
fzo~ePty Taxation
1. The Council, at a regular meeting declared the intention
$O change property tax structure of Kenal which required
ratification by ordinance in accordance with A.S. 29.10.372.
2. To carry out the intent of the Council in accordance with
law, an emergency ordinance has been prepared which repeals
the exemption of personal property taxation. This repeal is
accomplished by restating the Ordinance excluding the exemption
previously provided for in Section 7-1 (b) of the Kenai Code,
1963, as it reads prior to passage of the ordinance forwarded
with this memo.
3. The enclosed proposed ordinance should be an emergency
ordinance because it should take effect immediately in order
to conform to the administration of the tax system by the Kenai
Penlnsula Borough. I have checked with the Kenai Peninsula
Borough and have found that the administration is proceeding
along the lines of the intention of the Council of the City of
Kenai. However, the intent, as expressed in the Resolution, must
have an ordinance for the legal basis to permit taxation of
personal property.
~. The definition of "business inventory ~r resale in the
~e~ular course of business" might become complicated. I do
not have the time to research the respective definitions or
give you a written opinion of a business inventory as of the
preparation of this communication, but I can probably do so in
the future - especially if it should cause any confusion in
the City's administration. In accordance with Attorney General's
Opinion Ne. 1 of 1969, any home rule city can provide exemptions
as it may desire in the absence of any char~er prohibitions.
JAMES E. FISHER
City Attorney
Eno1. a/s
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