HomeMy WebLinkAboutRESOLUTION 1983-027a
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Suggested by: Councilwoman Glick
CITY OF KENAI
RESOLUTION NO. 83-27
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
REQUESTING THE THIRTEENTH LEGISLATURE OF THE STATE OF ALASKA TO
AMEND AS 29.33.070 TO PROVIDE THAT ANY POWERS TRANSFERRED TO A
CITY THEREUNDER CANNOT BE RETRANSFERRED TO THE BOROUGH WITHOUT
CONSENT OF THE CITY.
WHEREAS, AS 29.33.070(b) presently provides that the Assembly may
by ordinance designate a city council as a board of adjustment
within the city and delegate other planning and zoning powers to
a city but that the Assembly may likewise by ordinance revoke or
modify any part or all of the powers delegated thereunder, and
WHEREAS, many cities of the Borough have expressed a reluctance
to assume zoning powers authorized by current Borough ordinances
because of the possibility that a future Borough governing body
might revoke the delegation after the city had gone to some
expense to set up their own zoning procedures and departments,
and
WHEREAS, under the current provisions of AS 29.33.070 the Kenai
Peninsula Borough can give no assurance to the cities that a
future Assembly and Mayor will not withdraw powers delegated to
the city, and
WHEREAS, it would be reasonable to treat powers transferred to
the city by the Borough in the same manner as powers which the
city has by statute.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA:
Section 1. The Council of the City of Kenai, Alaska hereby
requests the Twirteenth Legislature of the State of Alaska and
the Governor of the State of Alaska to amend AS 29.33.070 by
repealing AS 29.33.070(b)(3) and adopting a new subsection
AS 29.33.070(c), to read:
(c) Any part or all of the powers delegated under
subsection (b) may only be retransferred to the Borough
under the provisions of AS 29.33.250 or AS 29.33.260.
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Section 2. Immediately after adoption of this resolution,
the Clerk of the City of Kenai shall mail copies thereof to
Governor William. J. Sheffield, to Senators Don Gilman and Paul
Fischer, and to Representatives Hugh Malone, Milo Fritz, Bette
Cato, and Vern Hurlbert.
PASSED BY THE COUNCIL OF THE CITY F KENAI, AL A this 16th day
of March, 1983.
*A A- aL
nald A. Malston, Mtayor
ATTEST:
Ta bt Whelan, CityClerk'
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