HomeMy WebLinkAboutOrdinance No. 2441-2009`Mc ci r
KENAI. ALASKA
CITY OF KENAI
ORDINANCE NO. 2441 -2009
Suggested by: Administration
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DECLARING
THAT LOTS 12, 13, 14, 15 AND 16,BLOCK 3, EAST ADDITION, TOWNSITE OF KENAI,
KENAI, ALASKA, ALSO KNOWN AS 600, 602, 604, 606 AND 608 PENINSULA
AVENUE, KENAI, ALASKA, WHOSE LAST RECORD OWNER UNDER BOROUGH
ASSESSMENT RECORDS WAS THE FIRST BAPTIST CHURCH, 5432 E. NORTHERN
LIGHTS BOULEVARD, #416, ANCHORAGE, ALASKA, SHALL BE RETAINED BY THE
CITY OF KENAI FOR A PUBLIC PURPOSE.
WHEREAS, the City has identified five (5) parcels of property foreclosed upon by the
Kenai Peninsula Borough for unpaid real property taxes that will serve a
public purpose to the City; and,
WHEREAS, the five parcels are Lots 12 through 16, Block 3, East Addition, Townsite
of Kenai, also known as 600, 602, 604, 606 and 608 Peninsula Avenue, Kenai, Alaska;
and,
WHEREAS, the City has paid the outstanding balance for property taxes and interest
in the amount of $7,299.30 of which S4,723.88 relates to Kenai Peninsula Borough
taxes and the remaining $2,575.42 relates to City of Kenai taxes and interest; and,
WHEREAS, the Borough has conveyed Lots 12 through 16, Block 3, East Addition,
Townsite of Kenai to the City by quitclaim deed dated August 24, 2009; and,
WHEREAS, the City of Kenai desires to retain the above referenced tax- foreclosed
property for public purposes, including as a staging area to support of bluff erosion
control measures and, later, for parks and recreational purposes; and,
WHEREAS, AS 29.45.460) requires that the City shall determine by ordinance whether
a tax- foreclosed property shall be retained for a public purpose and shall provide the
former record owner, by certified mail, with notice of the public hearing on that
ordinance; and,
WHEREAS, after passage of an ordinance declaring the City's retention of tax
foreclosed property for a public purpose, the right of the former record owner to
repurchase the property ceases; and,
WHEREAS, the last record owner of the property as the name appeared on the Kenai
Peninsula Borough's assessment roll was the First Baptist Church, 5432 E. Northern
Lights Boulevard, #416, Anchorage, Alaska.
New Text Underlined [DELETED TEXT BRACKETED]
Ordinance No. 2441 -2009
Page 2 of 2
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, AS FOLLOWS:
This is a non -code ordinance.
ATTEST:
SECTION ONE
SECTION TWO
Lots 12, 13, 14, 15 and 16, Block 3, East Addition, Townsite of Kenai, Kenai, Alaska,
also known as 600, 602, 604, 606 and 608 Peninsula Avenue, Kenai, Alaska, whose
last record owner as listed in the Kenai Peninsula Borough's assessment rolls was the
First Baptist Church, 5432 E. Northern Lights Boulevard, #416, Anchorage, Alaska,
are hereby retained by the City of Kenai for a public purpose.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this seventh day of
October, 2009.
New Text Underlined [DELETED TEXT BRACKETED[
PAT PORTER, MAYOR
Introduced: September 16, 2009
Adopted: October 7, 2009
Effective: October 7, 2009
the of
KENAI, ALASKA
MEMO:
ri...0 r a with Future
a Past,
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 283 -7535 FAX: 907 283 -3014
TO: Rick Koch, City Manager
FROM: Christine Cunningham, Assistant to City Manager
DATE: September 8, 2009
SUBJECT: Ordinance 2441 -2009
Lots 12 through 16, Block 3, East Addition, Townsite of Kenai
Ordinance 2441 -2009 is written to allow the Council to declare five tax foreclosed
properties on Peninsula Avenue to be retained by the City of Kenai for a public purpose.
The properties will be used as a staging area for the bluff erosion project and, later, for
parks and recreation uses. Alaska statute 29.45.460 requires a determination to retain
tax foreclosed property for public purposes to be made by ordinance. This ordinance
may look familiar. The Council previously made a similar declaration in Ordinance 2419-
2009 adopted on July 15, 2009; however, that declaration did not meet the requirements
of state foreclosure statutes because the City was not then the record owner of the tax
foreclosed properties. This early declaration was made prior to obtaining the deed solely
in order to satisfy internal policies and procedures imposed by the Kenai Peninsula
Borough before the Borough would transfer title to the foreclosed properties to the City.
After the Council adopted Ord. 2419 -2009, the City paid the delinquent taxes and related
costs to the Borough and the Borough transferred title to the Peninsula Avenue
properties by quitclaim deed to the City on August 24, 2009.
The instant ordinance now addresses the express requirements of state statute
designed, in part, to protect the rights of former record owners of tax foreclosed
property. Under AS 29.45.460, once a city adopts an ordinance to retain tax foreclosed
property for a public purpose, the right of the former record owner to repurchase the
property ceases. Accordingly, AS 29.45.460 requires that when the City retains tax
foreclosed property for public purposes it must provide the former record owner with
special notice of its intent to adopt an ordinance declaring so. Administration is working
to provide the former record owner notice in excess of that minimally required by state
statute. The former owner can participate at the public hearing on the ordinance or act
before its adoption to redeem the property.
1992
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KENAI, ALASKA
MEMO:
"Ole with a Past, Ct
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 283 -7535 FAX: 907 283 -3014
TO: Rick Koch, City Manager
FROM: Christine Cunningham, Assistant to City Manager
DATE: September 29, 2009
SUBJECT: Ordinance 2441 -2009
Lots 12 through 16, Block 3, East Addition, Townsite of Kenai
with a Future"
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Ordinance 2441 -2009 is written to allow the Council to declare five tax foreclosed
properties on Peninsula Avenue to be retained by the City of Kenai for a public purpose.
The properties will be used as a staging area for the bluff erosion project and, later, for
parks and recreation uses. Alaska Statute 29.45.460 requires the Council to make
determinations to retain tax foreclosed property for public purposes by ordinance.
This ordinance may look familiar. The Council previously made a similar declaration in
Ordinance 2419 -2009 adopted on July 15, 2009; however, that declaration did not meet
the requirements of state foreclosure statutes because the City was not then the record
owner of the tax foreclosed properties. This early declaration was made prior to
obtaining the deed solely in order to satisfy internal policies and procedures imposed by
the Kenai Peninsula Borough before the Borough would transfer title to the foreclosed
properties to the City. After the Council adopted Ord. 2419 -2009, the City paid the
delinquent taxes and related costs to the Borough. The Borough transferred title to the
Peninsula Avenue properties by quitclaim deed to the City on August 24, 2009.
The instant ordinance addresses express requirements of state statute designed, in part,
to protect the rights of former record owners of tax foreclosed property. By law, once a
city adopts an ordinance to retain tax foreclosed property for a public purpose, the right
of the former record owner to repurchase the property ceases. Thus, Alaska Statute
29.45.460, requires a rigorous notice process requiring cities to inform the former record
owner of the intent to adopt an ordinance which would cut off the former owner's
redemption rights. Here, the City of Kenai provided the former record owner notice in
excess of that minimally required by state statute. The former owner can participate at
the public hearing on the ordinance or act before its adoption to redeem the property.
1992