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HomeMy WebLinkAboutOrdinance No. 2559-2011Hca e( KE Al, ALASKA Suggested by: Council Member Mike Boyle CITY OF KENAI ORDINANCE NO. 2559 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, 41'MENDING KENAI MUNICIPAL CODE SECTION 11.05.050, "CONDITION AS TO UAL SERVICES AND RATES," TO REQUIRE THAT THE CITY PROVIDE SIDENTS OF THE CITY OF KENAI WITH FREE SERVICES AT THE CITY -OWN BOAT LAUNCH AND PARKING FACILITY. WHEREAS, the City has put into place certain fees for taking advantage of City - provided services at the City -owned and operated boat lau ch facility; and, WHEREAS, although the City of Kenai Dock launching /amps and floats are facilities that provide access to waterways for the entire public the costs of operating these facilities are supported not only from user fees but b/ the residents of Kenai who support governmental operations through taxes; a WHEREAS, it is in the best interest of the City t . acknowledge the contributions of the residents of the City of Kenai in payment of tax s by offering free City services at the City's boat launch and floats. NOW, THEREFORE, BE IT ORDAINED BY HE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordi ance. Section 2. Amendment of Section i 1.05.050 of the Kenai Municipal Code: The Kenai Municipal Code, Section 11.05.05 Condition as to equal services and rates, is hereby amended as follows: 11.05.050 Condition as to + ual services and rates. It shall be a conditi.o z of all permits granted by the City Council that the facilities to be constructe and the services to be supplied in connection with them shall be made available • all carriers upon equal terms, at equal rates, and without discrimination of any k' d. Notwithstanding, the City shall provide services at its launch ram • and ad' a' ent •arkint facilit to residents of the Cit of Kenai at no charge. Section 3. Severauilit : If any part or provision of this ordinance or application thereof to any per on or circumstances is adjudged invalid by any court of competent jurisdiction, suc judgment shall be confined in its operation to the part, provision, or application dj -ctly involved in all controversy in which this judgment shall have been New Text Underlined; [DELETED TEXT BRACKETED Ordinance No. 2559 -201 1 Page 2 of 2 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 1.15.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of June, 2011. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR Introduced: May 18, 2011 Adopted: June 1, 2011 Effective: July 1, 2011 New Text Underlined- [DELETED TEXT BRACKETED] KENAIQ ALASKA Village with a Past Gi with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 l lll't 1992 MEMO: TO: Mayor Pat Porter Council Members Bob Molloy, Joe Moore, Ryan Marquis, Terry Bookey, and Brian Gabriel FROM: Vice Mayor Mike Boyle DATE: May 12, 2011 .. SUBJECT: Ordinance No. 2559 -2011 -- Providing free boat launch and parking services to City of Kenai Residents At the May 4, 2011 Council meeting, I stated that I was working on an ordinance to provide free services to City residents related to the City's boat launch facility. I now propose for introduction Ordinance No. 2559 -2011. This ordinance would require the City to provide free boat launch and boat launch parking to City residents. My hope is that the Council would introduce and adopt the Ordinance in time for residents to benefit from free service during the height of summer recreational activities. The Ordinance could go into effect as early as July 1 with the typical public hearing schedule. (The Council could later amend the fee schedule to reflect the "no charge" rule at some point in the future so that the Code and the fee schedule are consistent.) The Council has been involved in discussion of the Public Trust Doctrine in the past. As this issue does not deal with beach access or parking on the beach, I do not feel the Doctrine applies to this ordinance. By focusing on this service and facility constructed by the City with taxpayer funds I believe that, if challenged, the ordinance would be validated. The ordinance is also supported by the otherwise reasonable charges for this service in general and the fact that residents are supporting the facility through their tax dollars. Thus, I feel the City should pursue this matter.