HomeMy WebLinkAboutResolution No. 2014-08MA
CITY OF KENAI
RESOLUTION NO. 2014 -08
Suggested by: City Attorney
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING
THE CITY ATTORNEY TO FILE SUITS ON BEHALF OF THE CITY TO COLLECT
DELINQUENT FEES FOR CITY SERVICES AND ASSOCIATED PENALTIES,
INTERESTS AND COSTS.
WHEREAS, pursuant to Resolution 2010 -30, the City Council has authorized the City
Attorney to file suits on behalf of the City to enforce City codes regarding health and
safety, nuisance, garbage, refuse and debris, junk and abandoned vehicles and related
land use ordinances, and to collect civil penalties for violations for the same; and,
WHEREAS, the City provides water and sewer services for a fee within the City as
provided in KMC Chapter 17 - Public Utilities and Enterprises; and,
WHEREAS, the City often has outstanding delinquent water and sewer accounts; and,
WHEREAS, although formal legal action is not the preferred method of collection, it is
occasionally necessary along with the filing of confessions of judgment before action in
conjunction with voluntary payment agreements; and
WHEREAS, the City Attorney must sometimes react quickly in filing legal actions for
collection of service fees.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA:
Section 1. That the City Attorney is authorized to institute legal actions in the name
of the City to collect delinquent fees for City services as provided in KMC Title 17 -
Public Utilities and Enterprises, and associated penalties, interests and costs,
including attorney's fees.
Section 2. That this resolution takes effect immediately upon passage.
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Resolution No. 2014 -08
Page 2 of 2
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of
January, 2014.
ATTES PAT PORTER, MAYOR
Sandra 10 79 h, ity C erk
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IlVillaye with a Past C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014
MEMORANDUM
TO:
Mayor Porter and Council >164ers
FROM:
Scott Bloom, City Attorne ✓✓
DATE:
January 9, 2014
SUBJECT:
Resolution No. 2014 -08
This Resolution will authorize the City Attorney to file lawsuits in the name of the City to
collect delinquent fees for water and sewer services and associated penalties, interests
and costs, including attorney's fees. I anticipate this would most commonly be done
through the filing of Confessions of Judgment and Judgments (before action) in
association with voluntary payment plans. However, there may also be instances where a
more traditional lawsuit to collect delinquent service fees should be filed in the best
interest of the City and it is not practical time wise to seek council approval.
Your consideration is appreciated.
Y: \Ordinances & Resolutions \Resolutions\Resolution No. 2014 -08 Authorizing CA File Complaints MEMO.docx