HomeMy WebLinkAboutRESOLUTION 1967-39
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MF:!10RA!JnU!f 'i'0: CITY rLE:FiY. ~'f', June lOG7
SiJR.7F.CT : Franchj se Approva 1 f~ lect ior~ . ~ / ~ 3
Enclosed are: ~~~~,p
1. A proposed resolution which should be passed the next
time the Council meets. Tiemember, I told you to put it down for
,your next agenda, whether special or reE;ular Council meetinr; so
that the election could be directed as soon as possible.
I am aware of the fact that the resolution directs an
election before the assage of the ordinance; however, f we
are to make the deadl..ne:, at al? reasonab e, then it appears
that the actions for the election must be undertaken so they can
assure proper notice times; i.e., 30 days.
2. Also enclosed i.s the notice of election. IY, should be
sent to the Inlet Courier with dir•eetions for publication on
their edition of Friday, 7 July 1967. If, for same remote reason,
the Ordinance 115 was not passed, then subsequent ads could be
cancelled. Unless the first notice of election occurs on 7 July
1967, there will not be the 30 day notice time recommended by
Attorney Gantz.
3. Notice that I have anticipated the fact that the resolu- .
tion directing the election may be passed in advance of passage ,
of the Ordinance 115 (see Section 8 of the resolution).
4. Notice that the resolution directs only the minimum re-
quirements under the charter and code for regular City elections.
In spite of the fact that the minimum times are specified in the
resolution, I want the ldotice of Election to be published and
osted so there will be a full 30 days notice of the elect on,
here y conforming to AS 29.10.141.
5. Send a copy of the resolution and the Notice of Election
to Anderson so he is aware of the continuing activity. If you
have not sent the estimated cost of the election, you might send
it at the same time the copy of the notice is dispatched to him.
When I talked to ~3antz on 26 June 1967, when I happened to he in
Anchorage, he requested a copy of the "City of Kenai - notice of
1967 Council Meetings". I will send him a copy of tfDis memo and
a copy of your memo and order to the Inlet Courier. By the copy
of this memo, I will tell him that we have previously published
a notice Penerally describinP, the prior six-months' meetinPs. I
will also send him information copies of the Notice of Election
and the Resolution on the election (directing the election).
I notice in checking your tice at some of the items indicated
on the notice published in~~~~il~~re been omitted and they should
be included. This will pro ab1,y have been done by the time this
memo is transcribed,
Notice that I have put in the dates that you indicated in our
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City Clerk ~2- ?8 June 1y67
telephone conversation of Friday, 23 June 1967. There must be a
special council meeting; in order to pass the ordinance. ave
also prirased a resolut on in he m nimum charter terms for election
notice. That way the actual notice which you will publish will
conform to AS 29.10.141 and the resolution will not conflict with
the statute itself.
I em also sending a copy of the notice we published earlier in
the year on the council meetings to Gantz so he has some ides of
the notice sent out earlier, or rathe ublished ea i is ~
year.
J E. FISH
C y Attorney
cc: Richard 0. (lantz
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to
CITY OF KENAI - Rf~.SOI,UTIUP~ iJO, f,7- ~~' ~ .
PROVIDING THE PROCF:nUtii? ANn nIRi~:CTTtl~ Aty >~:Lh;t:TTUtI FUH
WHICH VOTER i SHALL APPROVI/ UR R1rJEC7' GRANT OF AJd EY.CLUSIVE FRANCHISi;
TO KENAI UTILITY SERVICE CORPORA`T'ION, TO LOCATH:, 1~UILD, CONSTRUCT
OH CAUSE TO BE CONSTRUCTED OR OTHER4JISE ACQUIRE, ~fAItdTAIPJ AND OPER-
ATE WITHIN AND THROUGH THE CITY OF KENAI, A PLANT OR PLANTS AND WORKS,
FOR THE PURCHASE, PROCESSING, '.i'RAN.SMISSION AND DISTRIBUTION OF NATURAL
GAS BY MEANS OF PIPES, MAINS OR OTNF,RGJISE, OVER, UNDER, ALONG, ACROSS
AND THROUGH ANY AJJD ALL STP.1rETS, VIADUCTS, BRIDGES, ROAUS, LANES AND
PUBLIC 4tAYS AND PLACES IN THE CITY, /ALL AS MGRr. PARTICULARLY SPECI-
FIED IN ORDINANCE N0. 115 OF THE CI7~Y OF KENAI.
WHEREAS, to further the health and welfare of the inhabi-
tents of the City of Kenai, Alaska, it is deemed necessary and
advisable that a franchise to KENAI UTILITX SERVICE CORPORATION be
granted to authorize the said company to construct, operate and
maintain a natural pas distribution and supply system pursuant to the
terms and conditions set forth in Ordinance too. 115 of the City of
Kenai ,
WHEREAS, the constitution and laws of the State of Alaska
and the charter of the City of Kenai, Alaska, provide that the
question of whether or not such franchises may be issued must be
submitted to the qualified voters of the City for their ratification
or refection;
NOW THEREFORE, be it resolved by the Council of the City
of Kenai, Alaska:
Section 1. -- It is hereby found and determined that tt~e
public health, welfare, safety and convenience require the submis-
sion for approval to the qualified voters of the City, of a proposi-
tion for approval of, or refection of, Ordinance Jdo. 115 for the
grant of an exclusive franchise for construction, operation and
maintenance of a. natural gas distribution system within the City
of Kenai .
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Section 2. -- Terms of the proposed franchise are incor-
porated in a.nd mere :,pecificall,y :yet forth in Ordi~,anrc ";c. 115 cf
the C1t.y of Kenai . The proposition of whether or not an c'xclu;,ive
!; franchise shall be 6f ranted to Kena1 Uti lity Serv.i c~ Cor~orat3 orc
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shall be submitted to the Hualifie~l voter: of tF,e City of Kenai for
their ratification or re,jcction at; a snecial election to be Y,eld
within the City on the 8th day of AuP~.zGt, 19F.7.
Said proi:osition shall he in the followint* fora,:
PROPOS ITIOId
GRANT OF FRANCHISE T0:
KENAI UTILITY. SERVICE: CO°PORATION
(authorizing natural Pas service)
Sha].1 the City of Kenai, Alaska, grant a franchise permitting
the use of the streets , alleys, bridges , easements and other ptablic
places of the CitytA Kenai Utility Service Corporation, a Delaware
corporation duly qualified to do business in Alaska, for the furnish-
,~~ ing of a utility service cor-sisting of construction, maintenance and
operation of a plant or plants for the purchase, processing, trans-
mission and distribution of natural ~;as to be furnished, sold and
distributed to inhabitants of the City of Kenai by means of pipes,
mains, or otherwise, over, under, alonrr, across or through any and
all streets, alleys, viaducts, bridp;es, roads, public ways and places
in said City, all as more specifically described in Ordinance IJo.
115 of the City of Kenai.
In favor of granting franchise /~
Against granting; franchise /~
Section 3. -- Those eliPible to vote at said special
election must possess the following qualifications:
a) They must be at least 19 years of age.
b) They must be citizens of the United States, and for at least
one year precedinP the election citizens of the State of Alaska,
and for 30 days immediately prececlinF: the election residents of
the City of Kenai, Alaska.
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c) Thev must be able to read and write the Fnp~lish language, a.s
,
f prescribed b,y law.
I d) They must not be barred from voting by any other provision of
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,' 1 aw .
e) They must be registered in the rnanner pre::critJeri lr, ~;ectior,:> 6-~,
` j ~_gl, F,-5, f,-6, 6-7, anti f,_F,Tof the Y,~nai rock, 1`)~~?.
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Section 4. -- Fur elF~ctur/r~r voter r~:,-i:,tration, the book
still be open dail~~ in the of Tice of tt;E City Clerk, r'it,y Administra-
tion I3uildint;, ;{enai; Alaska, from x:00 o'clock A.:~9. until 5:U0
o'clock P.id. daily, except Saturdays, Sundays anti hulidays. Refristra-
tion shall be closed five days preceding the said special election.
A duplicate registration index shall be furnished by the
City Clerk - Registrar to the precinct ,judt?es and clerks of the
election.
Section 5. -- Plotice of the election shall be published
once a week for not less than two consecutive weeks and the first
notice thereof shall be published nut less than ten (10) days prior
to said special election. Said notices shall state the time of
closing of registration and shall be published in "The Cook Inlet
Courier" which is determined to be a newspaper of general circula-
tion in the City of Kenai.
Notice of the election shall be posted not less than ten
(10) days prior to said election in three conspicuous places within
the City.
Section 6. -- The designatf=d polling; place will be the
City Administration Building.,. Said polls shall be open fro 8:00
o'clock A.M. to 8:00 o'clock P.M. on the ~ day of , 1967.
Section 7. -- The following qualified voters of the City
are hereby appointed to serve as ,judges and cler::s at said special
election:
Judges Clerxs
LOUIS NISSEN NORMA JORDAN
inAF KNUDSEN FRANCES TORKILSEN
NEDRA EVENSON
If a replacement shall be required for any of the above-
named officials, such replacement may be appointed by the ,judges.
Section 8. -- The City Clerk is hereby directed to take
all actions required to call and hold the election directed herein.
Any actions accomplished prior to this resolution to cause said
election to be called, are hereby ratified. Any actions taken by the
City Clerk are ordered so fullest possible notice is ciirccted to
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qualified voters of the City and :,a'!d actions are authori2ed even
though final passar~e of Ordinance 1] 5 has not beRn accom~ilsY-c~j as
of the date of the passage hereof.
Publication of this resolution shall be trade by postine; a
copy hereof on the City Council Bulletin fsoaru fora period of ten
(10) days following its passage.
PASSED thin ~ day of , 1967.
CITY OF KENAI ''
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By: _/.~j ~ ~l/
;~ yor
Attest: d
y e
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AUTTC!? UF' : PKCIAL FI,F:CTIUIr
CITY r)F 1'<F:lIAI , P.LA°KA
Tv0`l'ICE IS HEREBY CIVf:IJ that on '1'uesda.y, Au~uct i;th, 7~1f~7, a ^pecial
election will be held in the City of Kenai, Alaska, fc~r the sut,rnission
to the Qualified voters of said City of the follnwinr~ proposition:
PROPOSITION
ORAI'JT OF FRANCHISE T0:
KENAI UTILITY SERVICE CORPORATION
(authorizing natural g;as service)
Shall the City of Kenai, Alaska, P.rant a franchise permitting;
the use of the streets, alleys, bridges, easements and other public
places of the City to Y.enai Utility Service Corporation, a I)elawar~r
corporation duly qus~lified to cio business in Alaska., for the furnishing
of a utility service consisting of construction, maintenance and opF~ra-
tion of a plant or plants for the purchase, processing, transmission
and distribution of natural gas to be furnished, sold and distributed
to inhabitants of the City of Kenai by moans of pipes, mains, or other-
w1se, over, under, along, across or throug;h any and all streets, alleys,
viaducts, bridges, roads, public ways and places in said City, all as
more specifieall,y described in Ordinance No. 7.15 of the City of Kenai.
In favor of Pranting franchise /-7
Against granting; franchise /-7
The polling place for said elections shall be the City Administration
Building for all voters living within the City limits of the City of
Kenai, Alaska.
Said polling place shall be open from 8:00 o'clock A.M. to 8:00 P.M.
The book for registration of all City voters will be open daily in
the office of the City Clerk, City Administration RuildinP, Kenai,
Alaska, from 9:00 o'clock A.M. until 5:00 o'clock P.M. daily except
Saturdays, Sundays and holidays. Regristration shall be closed five
days preceding, said special election.
Aualifications for electors at said special election are:
ELECTORS ON ALL PROPOSITIONS MUST AUALIFY AS FOLLOWS:
a) They must be at least 19 years of a~;e.
b) They must be citizens of the United States, and for at least one
year preceding; the election citizens of the State of Alaska, and
for 30 days immediately preceding; the election residents of the
City of Kenai, Alaska.
c) They must be able to read and vrrite the Fnr.li5h lanP;ua~e, as
prescribed by law.
d) They must not be barred from votingr b,y any other provision of law.
e) Thp,y mu:;t bP registered in the runner prescribed in :Sections 6-3,
6-4, 6-5, 6-7 anc. L-Q ~~° Y.~nai Code, 19h~.
er of the C t,y o ena , as a
Published .7ial,y ~, _~_, , 19G7.
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