HomeMy WebLinkAboutOrdinance No. 3489-202518J
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KENAI
CITY OF KENAI
ORDINANCE NO. 3489-2025
Sponsored by: Legal
AN ORDINANCE REPEALING KENAI MUNICIPAL CODE 7.15.100 PURCHASE AND SALES -
CERTAIN CITY OFFICERS, TO PROHIBIT PURCHASES AND SALES TRANSACTIONS OF
PERSONAL PROPERTY TO CITY OFFICIALS AND EMPLOYEES.
WHEREAS, on May 21, 2025 the City Council enacted Ordinance 3469-2025 (Substitute) which prohibits
municipal officers and employees from obtaining personal property items unneeded or surplused by the
City as expressed in KMC 1.85.060 Conflicts of Interest Prohibited; and,
WHEREAS, Kenai Municipal Code 7.15.100 Purchases and Sales -Certain City Officers, contrarily
permits the City manager, Councilmembers and City employees to buy and sell items with a value of not
more than $500 from and to the City respectively; and,
WHEREAS, repealing KMC 7.15.100 is consistent with Council's intent expressed in Ordinance 3469-
2025 and is consistent with Section 5-8 of the City's Charter that allows such transactions subject to
Council approval, but does not require them; and,
WHEREAS, repealing KMC 7.15.100 is in the best interest of the City, aligning various purchase and
sales clauses related to City Officials and Employees in the City's Code of Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS
FOLLOWS:
Section 1. Repeal of Section 7.15.100 of Kenai Municipal Code: That Kenai Municipal Code, Section
7.15.100. Purchases and Sales -Certain City Officers, is hereby repealed as follows:
[7.15.100 PURCHASES AND SALES —CERTAIN CITY OFFICERS.
PURCHASES FROM, AND SALES TO, THE CITY MANAGER AND COUNCILMEMBERS SHALL ALSO BE GOVERNED BY
THE CITY CHARTER, SECTION 5-8 EXCEPT AS FOLLOWS:
(A) THE CITY MANAGER, COUNCILMEMBERS, AND CITY EMPLOYEES MAY SELL OR BARTER ANYTHING TO THE
CITY, OR MAKE A CONTRACT WITH THE CITY, OR PURCHASE ANYTHING FROM THE CITY WITHOUT THE
NECESSITY OF COMPETITIVE SEALED BIDS PROVIDED SUCH SALES, CONTRACT, OR PURCHASES INVOLVE
A CONSIDERATION OF NOT MORE THAN FIVE HUNDRED DOLLARS ($500.00) IN VALUE.
(B) ANY SALE, CONTRACT OR PURCHASE, OF NOT MORE THAN FIVE HUNDRED DOLLARS ($500.00)
AUTHORIZED UNDER SUBSECTION (A) ABOVE, MUST BE MADE AT SUCH PRICES OR RATES PREVAILING IN
THE COMMUNITY AND WITHOUT FAVORITISM OR DISCRIMINATION.]
Section 2. Severability: That if any part or provision of this ordinance or application thereof to any
person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall
be confined in its operation to the part, provision, or application directly involved in all controversy in
which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder
of this title or application thereof to other persons or circumstances. The City Council hereby declares
that it would have enacted the remainder of this ordinance even without such part, provision, or
application.
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 3489-2025
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Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days
after enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 15th DAY OF October, 2025.
ATTE4MS
MichM C, City Clerk
0
Brian Gabriel Sr., Mayor
Introduced: October 1, 2025
Enacted: October 15, 2025
Effective: November 14, 2025
New Text Underlined; [DELETED TEXT BRACKETED]
K I
City of Kenai 1 210 Fidaigo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www.kenai.city
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Scott Bloom
DATE: September 22, 2025
SUBJECT: Ordinance No. 3489-2025 - Repealing Kenai Municipal Code 7.15.100
Purchase and Sales -Certain City Officers, to Prohibit Purchases and Sales
Transactions of Personal Property to City Officials and Employees.
The City's Charter in Section 5-8 Personal Interest, provides the following
(a) Neither the City Administrator nor any Councilmember shall sell or barter anything to
the City, or make any contract with the City, or purchase anything from the City other than
those things which the City offers generally to the public (as for example, utility services),
and then only on the same terms as are offered to the public, unless an invitation to submit
sealed bids is published, and the City accepts the sealed bid which is most advantageous
to the City; provided that the Council, by ordinance, may authorize such sales, contracts,
or purchases involving a consideration of not more than five hundred dollars ($500.00) in
value, to be made without such bids at prices or rates prevailing in the community and
without favoritism or discrimination.
(b) Any such officer violating this section, upon conviction thereof, shall thereby forfeit
the office. Any violation of this section, with the knowledge, express or implied, of the
person or corporation contracting with the City, shall render the contract voidable by the
City Administrator or the Council.
(c) This section shall not apply in cases in which the City acquires property from any such
officer by condemnation.
This Charter section prohibits certain purchases and sales between the City Administrator and
Councilmembers with the City, unless the sales are not greater than $500 and are authorized by
Council Ordinance. The Council previously authorized such sales through KMC 7.15.100
Purchases and Sales -Certain City Officers, which permitted the City Manager, Councilmembers
and City Employees to buy and sell items with the City of not more than $500 in value. Most
recently, in May 2025, Council approved amendments to KMC 1.85.060-Conflicts of Interest
Prohibited, through Ordinance 3469-2025 (Substitute) which disallows the purchase of any
personal property items from the City by City Employees and Officials. Consistent with Council's
latest intent expressed through Ordinance 3469-2025, this Ordinance proposes to eliminate any
potential conflicts in code by repealing KMC 7.15.100.
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