HomeMy WebLinkAboutOrdinance No. 2520-2010the cfy of
KENAI. ALASKA
CITY OF KENAI
ORDINANCE NO. 2520 -2010
Sponsored by: Administration
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC SECTION 7.15.100, SETTING FEE SCHEDULES, TO PROVIDE FOR THE
ESTABLISHMENT OF A FEE SCHEDULE AND TO REQUIRE THAT CHANGES TO
RATES, CHARGES, OR FEES OF THE CITY SHALL BE PROPOSED BY THE CITY
MANAGER AND BE EFFECTIVE AFTER APPROVAL OF THE CITY COUNCIL.
WHEREAS, it is desirable to have a uniform process for changing rates, charges and
fees imposed by the City; and,
WHEREAS, the City Manager currently has the authority to make changes to
municipal charges and fees not defined in the Kenai Municipal Code with immediate
effect, subject to later review by the City Council; and,
WHEREAS, fees defined in the Kenai Municipal Code are set by ordinance and cannot
be lawfully changed without a lengthy public process; and,
WHEREAS, by establishing many fees in Code, the City is prevented from timely
reacting to changes in the business climate and increased costs of doing business,
and it is desirable to provide more flexibility for the City administration to address a
changing environment; and,
WHEREAS, a unified fee schedule is a more efficient and uniform way of examining
the structure of the City's rates and charges and also provides a good source of public
notice of and reference to the fees charged by the City; and,
WHEREAS, uniformly setting fees by resolution provides a public process that requires
a public hearing and Council review and approval before the City implements a change
to a City rate, charge, or fee; and,
WHEREAS, the Council anticipates changing the process by which City rates, charges
and fees are typically established by moving these charges from the Kenai Municipal
Code to a fee schedule adopted by resolution of the Council; and,
WHEREAS, requiring approval of changes to a fee schedule to be made by resolution
would ensure public notification and an opportunity to be heard concerning the rates,
charges, and fees assessed by the City prior to their effective date.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
Section 1. Form: This is a Code ordinance.
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Ordinance No. 2520 -2010
Page 2 of 2
Section 2. Amendment of Section 7.15.100 of the Kenai Municipal Code: The Kenai
Municipal Code, Section 7.15.100, Setting Fee Schedules, is hereby amended as
follows:
7.15.100 Setting fee schedules.
The Council may adopt and amend a fee schedule specifying the rates, charges,
or fees imposed by the City. Unless otherwise provided in the Kenai Code of
Ordinances, any rates, charges, or fees imposed [CHARGED] by the City of Kenai shall
be set by the City Manager[, SUBJECT TO] and shall be effective upon approval by
resolution of [CHANGE BY] the City Council. [THE RATES, CHARGES OR FEES SET
BY THE CITY MANAGER ARE EFFECTIVE UPON ENACTMENT BY THE CITY
MANAGER; HOWEVER, THE CITY MANAGER SHALL NOTIFY THE COUNCIL IN
WRITING AT THE NEXT REGULARLY SCHEDULED COUNCIL MEETING OF THE
ADOPTION OR CHANGE OF ANY SUCH FEES, RATES, OR CHARGES.]
Section 3. Severability: 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.
Section 4. Effective Date: Pursuant to KMC 1.15.0700, this ordinance shall take
effect one month after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of
December, 2010.
ATTEST:
Carol L. Freas, City Clerk
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Introduced: November 23, 2010
Adopted: December 1, 2010
Effective: January 1, 2011