HomeMy WebLinkAboutOrdinance No. 2748-2014Suggested by: Council Member Boyle
CITY OF KENAI
ORDINANCE NO. 2748 -2014
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KENAI MUNICIPAL CODE 1.90.020 - DUTIES, TO PROVIDE THAT BOARDS,
COMMISSIONS, AND COMMITTEES ACT IN AN ADVISORY CAPACITY TO COUNCIL.
WHEREAS, Kenai Municipal Code 1.90.020 currently provides that boards,
commission, and committees of the City are advisory to department heads when there
are related City Departments; and,
WHEREAS, Council creates boards, commissions and committees of the City; and,
WHEREAS, the Mayor generally nominates board, commission and committee
members who are confirmed by council; and,
WHEREAS, numerous sections of City code provide for committees and commissions
to advise the Council on various items and in some instances Administration as well
as other entities; and,
WHEREAS, it is in the best interest of the City to clarify that City boards, commissions
and committees are generally advisory to Council, unless otherwise specified in code.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that
Section 1. Form: That this is a code ordinance.
Section 2. Amendment of Section 1.90.020 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 1.90.020 - Duties, is hereby amended as follows:
1.90.020 Duties.
(a) Members of boards, commissions, and committees shall be required to
establish policies relating to their respective organization. They shall act in an
advisory capacity to City Council [DEPARTMENT HEADS WITHIN THE CITY
ADMINISTRATION IF THERE ARE SUCH DEPARTMENTS IN THE CITY
ORGANIZATION THAT DIRECTLY RELATE TO THE BOARD, COMMISSION OR
COMMITTEE] unless otherwise specified in City code.
(b) If the board, commission or committee has income stated within the City
of Kenai annual budget, said board, commission or committee shall work with
the City Manager to establish expenses projected for the year for approval by
the City Council
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2748 -2014
Page 2 of 2
Section 3. Severabilitv: 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.
Section 4. Effective Date: That pursuant to KMC 1.15.0700, this ordinance shall
take effect 30 days after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of
August, 2014.
ATTEST:
Sand a o igh, Ci Clerk
PAT PORTER,MAYOR
Introduced: April 2, 2014
Adopted: August 20, 2014
Effective: September 19, 2014
New Text Underlined; [DELETED TEXT BRACKETED]
M
"VI'�lage with a Past, Gcly with a Future
MEMO*
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 v�?�
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1I III'
TO: City Council
FROM: Rick Koch, City Manager
DATE: May 14, 2014
SUBJECT: Ordinance No. 2748 -2014
The purpose of this correspondence is to provide information in opposition to the above -
referenced, proposed ordinance.
My understanding of the proposed ordinance is that it would eliminate the code provision that
Boards, Commissions and Committees are generally advisory to both the City Council and
Administration (Department Heads), and to provide that the Boards, Commissions and
Committees are generally advisory only to Council.
This ordinance does not include an accompanying and /or supporting memorandum. As a result
it is unclear what problem, or perceived problem, is attempting to be resolved by the adoption
of this ordinance.
Because the effects of this proposed ordinance are far - reaching, it is difficult for Administration
to discuss all of the possible outcomes, or to envision the manner in which Administration
would support and /or interact with Boards, Commissions and Committees if this ordinance
were adopted.
Below, I will describe an example of how this change to Code could be problematic:
The Director of the Parks Department wants to work with the Beautification Committee to
receive their advice for the upcoming year's flower themes in the City's flower planters.
Current Procedure
The Director of the Parks Department simply works directly with the Beautification Committee
without the participation of Council. The Beautification Committee confers and works with the
Director of Parks to develop and implement the City's flower theme.
New Procedure if Ordinance is Adopted
Does the Director of the Parks Department need to request that the City Manager go to the
Council to request that the Council ask the Beatification Committee to provide advice to the
Council on a flower planting theme? Then does the Council, upon receipt of advice from the
Beautification Committee, determine if that advice is acceptable, and if so, transmit that advice
to the City Manager who in turn passes it on to the Director of the Parks Department?
Based on the language contained in the proposed ordinance it appears that any time the
Administration wants to receive advice from five of eight Commissions or Committees it will be
necessary to transmit that request for information through the City Council. Not only would this
be unwieldy, but it may tend to politicize what are now routine administrative activities.
At the very least, in the event Ordinance 2748 -2014 were adopted, policies and procedures
would need to be created that defined the manner in which the Administration will be able to
ask for, and receive, advice from five of the eight Commissions and Committees.
have attached Exhibit A, which shows effect of Ordinance 2748 -2014, highlighted in yellow.
Currently, the Commissions and Committees already have a process by which to provide
information and /or unsolicited advice to Council by communicating through the Council Liaison.
Conversely, the City Council can always request information and /or advice directly from a
Commission or Committee through a written communication.
The purpose of this ordinance is unclear, and it creates confusion as to process when the
Administration requires advice from Commissions and Committees. Therefore, with respect to
the sponsor, Administration requests that the Council oppose Ordinance 2748 -2014.
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"Villaye with a Past, C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 I
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1 1111 1
1997
MEMO:
TO: City Council
FROM: IIkkandra Modigh, City Clerk
Scott Bloom, City Attorney
(Rick Koch, City Manager
DATE: August 13, 2014
SUBJECT: Ordinance 2748 -2014
The purpose of this correspondence is to submit for Council review a draft of recommended
changes to KMC 1.90. The draft represents a collaborative effort on the part of the City
Attorney, City Clerk, and City Manager to address the issues brought forth in the above
referenced ordinance and establish consistency in describing the formation, duties, and
responsibilities of Commissions and Committees.
This is a major re -write of portions of the code which results in much clearer, understandable
guidance and direction.
Consolidating the majority of code relating to Commissions and Committees into KMC 1.90
results in the elimination of the following code sections:
1. KMC 1.57 Library Commission
2. KMC 11.10 Harbor Commission
3. KMC 14.05 Planning & Zoning Commission
4. KMC 19.05 Parks and Recreation Commission
5. KMC 21.20 Airport Commission
With minor clarifications the above referenced code sections have simply been moved into
KMC 1.90.
KMC 11.15 Tidelands would be deleted in its entirety. This code section specifically applied to
processes which were employed to determine preferential rights to State of Alaska tidelends
leases which were transferred to the City as a result of the City receiving title to lands
encompassed by Alaska Tidelands Survey 272. The procedures /process identified in this section
of code were complete in the early 1980's and no longer have any application.
A portion of KMC 11.20 will be eliminated and /or amended, as a some portions are moved to
KMC 1.90 and some portions have been modified to recognize present practice.
We recommend the Council schedule a work session to discuss these changes and for the City
Clerk, City Attorney and City Manager to receive direction from the Council.
Chapter 1.90
COMMISSIONS AND COMMITTEES
Sections:
1. 90.010 Creation
1.90.020 Council Liaison
1. 90.030 Administrative Support
1.90.040 General Duties
1.90.050 Qualifications
1.90.060 Terms
1.90.070 Proceedings
1.90.075 Time and Place of Meeting
1.90.080 Library Commission
1.90.085 Harbor Commission
1.90.090 Parks and Recreation Commission
1.90.095 Beautification Commission
1. 90.100 Airport Commission
1.90.105 Planning and Zoning Commission
1.90.110 Commission on Aging
1.90.115 Mini -Grant Steering Committee
1.90.010 Creation
All commissions and committees created by the Council of the City of Kenai, shall consist of
seven (7) members, with the exception of the Commission on Aging and the Mini Grant Steering
Committee, who shall be nominated by the Mayor and confirmed by the City Council from
applications submitted to the City Clerk.
1.90.020 Council Liaison
At the annual organizational meeting of the Council, or as soon as practicable thereafter, the
Mayor, after consultation with the Council, shall nominate Council Members as a council liaison
to any commission or committee. After confirmation by Council, the council liaison may attend
all meetings of the commission or committee. A council liaison is not a member of, and shall
have no voting power or any other rights of membership on the commission or committee. The
Mayor, and other Council Members may attend meetings of commissions or committees when
serving as an alternate for the council liaison, or in their capacity as elected officials.
1.90.030 Administrative Support
City administrative staff shall attend and supply staff support to all meetings of commissions and
committees.
1.90.040 General Duties
(a) Members of commissions and committees shall be required to establish policies relating to
their respective organization. They shall act in an advisory capacity to Council, the City
Manager, and department heads within the City Administration if there are such departments in
the City organization that directly relate to the commission or committee.
(b) A chair and vice -chair shall be selected annually and shall be elected from and by the
appointed members.
Commission /Committee Review Page 1 of 9
August 2014
(c) If the commission or committee has income stated within the City of Kenai annual budget,
said commission or committee shall work with the City Manager to establish expenses projected
for the year for approval by the City Council.
1.90.050 Qualifications
(a)A member of a commission or committee must be a resident of the City of Kenai, unless the
commission or committee is specifically exempted by Council from this requirement as follows:
- Harbor Commission, up to two (2) non - resident members.
- Library Commission, up to two (2) non - resident members.
- Parks & Recreation Commission, up to two (2) non - resident members.
- Beautification Commission, up to two (2) non - resident members.
- Airport Commission, up to seven (7) non - resident members.
(b) The member cannot be an officer or employee of the City of Kenai. If any member should
move his or her residence from the corporate limits of the City of Kenai (if applicable), is an
officer or employee of the City of Kenai, or shall be elected or appointed as an officer or
employee of the City of Kenai, the service of such member shall terminate immediately.
(c) Members of Commissions and Committees, except the Planning and Zoning Commission,
will serve without salary or stipend, but will be reimbursed for all reasonable expenses incurred
in connection with this service, only after approval by Council.
1.90.060 Terms
(a) A member of a commission or committee shall serve for a term of three (3) years, unless the
commission or committee is specifically exempted by Council from this requirement. At the
expiration of a members term, the Mayor, with consent of the Council, can reappoint the
member or recommend a replacement.
(b) The terms of the initial commission or committee member shall be staggered so that three
(3) members will be appointed for one (1) year; two (2) members will be appointed for two (2)
years; and two (2) members will be appointed for three (3) years. Terms shall commence on
January 1st of each year.
1.90.070 Proceedings
(a) All commissions and committees will have regularly scheduled meetings which shall be open
to the public. Exceptions to the meeting requirements shall be established by Council.
Permanent records or minutes shall be kept of all proceedings and such minutes shall record
the vote of each member upon every question. Every decision or finding shall immediately be
filed in the office of the City Clerk and shall be a public record open to inspection by any person.
All acts of commissions and committees are subject to the paramount authority of the City
Council.
(b) If the commission or committee member shall be absent, without the body excusing the
absence for good cause, from more than one -half of all the meetings of his or her committee or
commission, regular and special, held within any period of three (3) consecutive calendar
months, he or she shall thereupon cease to hold the seat. A commission or committee member
may not have more than three (3) excused absences during a twelve (12) month calendar year.
Commission /Committee Review Page 2 of 9
August 2014
(c) In all matters of parliamentary procedure, Robert's Rules of Order Newly Revised, 11th
Edition, shall be applicable and govern all meetings, unless as specified in KMC 1.15.060
motions; KMC 1.15.100, speaking; and KMC 1.15.110, voting.
(d) The responsibility of insuring that all members of boards, commissions and committees
receive a copy of the Standard Procedures of Commissions and Committees lies with the City
Clerk.
1.90.075 Time and Place of Regular Meetings
(a) All regularly scheduled commission and committee meetings will be held at City Hall in
Council Chambers beginning at 7:00 p.m. with the exception of the Commission on
Aging and the Mini -Grant Steering Committee.
1.90.080 Library Commission
(a) Duties and Powers:
(1) As requested by the Council and /or Administration, develop, adopt, alter, or revise
subject to approval by the City Council, a master plan for the physical development of
library facilities for the City;
(2) Submit annually to the City Manager, not less than ninety (90) days subsequent
to the end of the preceding budget year, a list of the recommended capital improvements
which, in the opinion of the Commission, are necessary or desirable to be constructed
during the forthcoming three (3) year period. Such list shall be arranged in order of
preference, with recommendations as to which projects shall be constructed in which
year;
(3) Make recommendations regarding any matter related to library service;
(4) Serve as the liaison between the public and the City Council in regards to library
service;
(5) Work closely with the Friends of the Kenai Community Library for the betterment of
the Kenai Community Library;
(6) Shall act in an advisory capacity in the selection of the Library Director.
(b) The Library Regulations shall be as listed under the regulations section in the Kenai Code,
Supplement No. 18, adopted on September 20, 1982, and all future updates.
1.90.085 Harbor Commission
(a) Duties and Powers:
(1) As requested by the Council and /or Administration, develop, adopt, alter, or revise,
subject to approval by the City Council, a master plan for the physical development of
harbor or port facilities for the City. Such master plan with accompanying maps, plats,
charts, descriptive, and explanatory matter, shall show the Commission's
recommendations for the development of the City Harbor facilities may include, but
are not limited to:
(A) Development of the type, location, and sequence of all public harbor facilities;
(B) The relocation, removal, extension, or change of use of existing harbor
facilities;
Commission /Committee Review Page 3 of 9
August 2014
(2) Submit annually to the City Manager, not less than ninety (90) days subsequent to
the end of the preceding budget year, a list of the recommended capital improvements
which, in the opinion of the Commission, are necessary or desirable to be constructed
during the forthcoming three (3) year period. Such list shall be arranged in order of
preference, with recommendations as to which projects shall be constructed in which
year.
(3) As requested by the Council and /or Administration, make investigations regarding
any matter related to City harbor facilities.
(4) Shall act in advisory capacity in the selection of a Harbor Director should such a
position be created by the City Council.
1.90.090 Parks and Recreation Commission
(a) Duties and Powers:
(1) As requested by the Council and /or Administration, develop, adopt, alter, or
revise subject to approval by the City Council, a master plan for the physical
development of recreation facilities for the City. Such master plan with accompanying
maps, plats, charts, descriptive, and explanatory matter, shall show the Commission's
recommendations for the development of the City's recreation facilities may include, but
are not limited to:
(A) Development of the type, location, and sequence of all public recreation
facilities;
(B) The relocation, removal, extension, or change of use of existing recreation
facilities.
(2) Submit annually to the City Manager, not less than ninety (90) days subsequent to
the end of the preceding budget year, a list of recommended capital improvements,
which in the opinion of the Commission, are necessary or desirable to be constructed
during the forthcoming three (3) year period. Such list shall be arranged in order of
preference, with recommendations as to which projects shall be constructed in which
year.
(3) As requested by the Council and /or Administration, make investigations regarding
any matter related to City recreation.
(4) As requested by the Council and/or Administration, make and prepare reports and
plans for approval by the City Council.
(5) Shall act in advisory capacity in the selection of a Director of Parks and Recreation.
1.90.095 Beautification Commission
(a) Duties and Powers:
(1) As requested by the Council and /or Administration, develop, adopt, alter, or
revise subject to approval by the City Council, a master plan for the physical
development of beautification enhancements for the City. Such master plan with
accompanying maps, plats, charts, descriptive, and explanatory matter, shall show
the Commission's recommendations for the development of the City's beautification
areas may include, but are not limited to:
(A) Development of the type, location, and sequence of all green spaces and
planting areas;
(B) The relocation, removal, extension, or change of use of existing green
spaces and planting areas.
Commission /Committee Review Page 4 of 9
August 2014
(2) Submit annually to the City Manager, not less than ninety (90) days subsequent to
the end of the preceding budget year, a list of recommended capital improvements,
which in the opinion of the Commission, are necessary or desirable to be constructed
during the forthcoming three (3) year period. Such list shall be arranged in order of
preference, with recommendations as to which projects shall be constructed in which
year.
(3) As requested by the Council and /or Administration, make investigations regarding
any matter related to City beautification efforts and /or projects.
(4) As requested by the Council and /or Administration, make and prepare reports and
plans for approval by the City Council.
1.90.100 Airport Commission
(a) Duties and Powers:
(1) As requested by the Council and /or Administration, develop, adopt, alter or revise,
subject to approval by the City Council, a master plan for the airport development. This
may include, but is not limited to:
(A) Development of type, location and sequence of all airport terminal facilities;
(B) Development and use of all airport aeronautical lands.
(2) Observe, oversee and guide in an advisory capacity, any matters relating to use of
airport runways, airport terminal, and airport aeronautical lands.
(3) Act in an advisory capacity to the Council, City Manager and the Airport Manager.
(4) Review and recommendations to the City Manager on the airport budget.
(5) Review and make recommendations to the City Manager for leases or sale of airport
land(s).
(6) Make recommendations to the City Manager on matters relating to policies regarding
lease or sale of airport land(s).
(b) Membership
The Commission shall comprise of seven (7) members who shall be chosen so as to
represent broadly the following areas:
(1) One member, fixed base operator (FBO).
(2)One member, lessee of airport aeronautical lands or terminal facility.
(3)One member, with expertise in Federal Aviation Administration functions.
(4) One member, representing the Civil Air Patrol.
(5) Three members, at- large, representing the business and professional community.
1.90.105 Planning and Zoning Commission
(a) Duties and Powers:
(1) Review and act upon requests for variance permits, conditional use permits,
planned unit residential development permits, and other matters requiring
consideration under the Kenai Zoning Code.
(2) Interpret the provisions of the Kenai Zoning Code and make determinations when
requested by the Administrative Official.
(3) Review the City of Kenai Comprehensive Plan on an annual basis and conduct a
minimum of one (1) public hearing. Said recommendations shall be forwarded to the
Council for consideration.
Commission /Committee Review Page 5 of 9
August 2014
(4) Promote public interest and understanding of comprehensive planning, platting,
zoning, land management, and other issues relating to community planning and
development.
(5) Proposed plans for the rehabilitation or redevelopment of any area or district
within the City.
(6) Perform historic preservation reviews and duties as set forth in KMC 14.20.105.
(b) The Commission shall act in an advisory capacity to the Kenai City Council regarding the
following matters:
(1) Kenai Zoning Code and Official City of Kenai Zoning Map amendments.
(2) City and airport land lease or sale petitions.
(c) The Commission shall act in an advisory capacity to the Kenai Peninsula Borough
Planning
Commission regarding the following matters:
(1) Subdivision plat proposals.
(2) Right -of -way and easement vacation petitions.
(3) City of Kenai Comprehensive Plan amendments.
(d) Stipend - Members of the Planning and Zoning Commission shall be compensated at
the rate of one hundred dollars ($100.00) per month.
(e) Appointment to the Planning & Zoning Commission
(1) Public Notice — Application.
(A)Whenever a term of a Commission member is to expire, and whenever a vacancy
on the Commission occurs, the City Clerk shall notify the Council and advertise the
notice of vacancy and request for applications, along with the deadline for filing an
application. The application deadline shall be the same deadline as the Council
observes for timely submissions to the City Clerk for inclusion of materials in the City
Council meeting packet (as set by the policies and procedures of the Council) for the
meeting at which the nomination for appointment is on the Council agenda.
(B) The Clerk shall advertise the notice at least two (2) times a week for one (1)
week by publication in a newspaper of general circulation, by posting on the City's
website, and by posting in at least three (3) other public places in the City, one (1) of
which shall be the official bulletin board of the City at City Hall. The last date of
newspaper publication shall be no later than seven (7) days before nomination for
appointment by the Mayor at a Council meeting.
(C) An applicant shall file with the City Clerk a completed application for appointment
to the Commission on a form provided by the Clerk. All applications filed by the
advertised deadline, including those previously on file, shall be placed in the Council
packet for the meeting where the nomination is made.
(2) Nomination Procedure. Consideration shall be given to the qualifications and merits
of each applicant. The Mayor shall make nominations only from the list of persons who
timely submitted an application as provided in subsection (a)(3). The Council may re-
open the application period.
(3) Confirmation by Council. The Kenai City Council shall review the Mayor's nomination
no later than the next regular Council meeting following the meeting in which the Mayor
Commission /Committee Review Page 6 of 9
August 2014
made the nomination, at which time the Council shall consider whether to confirm the
nomination.
(4)Term of Office. Members of the Planning and Zoning Commission shall be appointed
for a term of three (3) years. Terms shall end on December 31st of the third year. In the
event a seat has six (6) months or less remaining to the unexpired term, the Mayor may
choose to nominate an applicant for appointment to the remainder of the current term as
well as to the full term immediately following the expiration date of the unexpired term, and
the Council may confirm the appointment of the applicant to the remainder of the current
term as well as to the full term.
(f) Telephonic Participation at Planning & Zoning Commission Meetings
(1) Except as otherwise provided in subsection (e), if at least a quorum is physically
present at a Commission meeting, other commissioners may participate via telephone in
the Commission meeting, if the commissioner declares that circumstances prevent physical
attendance at the meeting. If the chair chooses to participate via telephone, the vice -chair
shall preside.
(2) No more than the first two (2) commissioners to contact the Clerk's office regarding
telephonic participation in a particular meeting may participate via telephone at any one (1)
meeting.
(3) The commissioner shall notify the Clerk's office in writing as soon as reasonably
practical, but not less than six (6) hours prior to the start of the Commission meeting that
the member proposes to attend by telephone. Such notification shall state whether such
telephonic participation is pursuant to subsection (xiv) or (xv), and shall provide the
physical address of the location, the telephone number, and any available facsimile, email,
or other document transmission service. Failure to provide the notification within the period
of time provided herein shall result in the member's exclusion from attendance of a
Commission meeting through telephonic participation. The Clerk or designee shall notify all
Commission members of the request.
(4) At the meeting, the Clerk or designee shall establish the telephone connection when the
call to order is imminent.
(5) A commissioner participating by telephone shall be counted as present for purposes of
discussion and voting except for matters and agenda items appealable to the Board of
Adjustment.
(6) The commissioner participating by telephone shall make every effort to participate in
the entire meeting. From time to time during the meeting, the presiding officer shall confirm
the connection.
(7) The commissioner participating by telephone may ask to be recognized by the presiding
officer to the same extent as any other member except for matters and agenda items
appealable to the Board of Adjustment.
(8) To the extent reasonably practicable, the Clerk or designee shall provide backup
materials to commissioners participating by telephone.
(9) If the telephone connection cannot be made or is made and then lost, the meeting shall
commence or continue as scheduled and the Clerk or designee shall attempt to establish
or restore the connection.
Commission /Committee Review Page 7 of 9
August 2014
(10) Meeting times shall be expressed in Alaska time regardless of the time at the location
of any commissioner participating by telephone.
(11) Participation by telephone shall be allowed for regular, special and work session
meetings of the Commission.
(12) Remarks by commissioners participating by telephone shall be transmitted so as to be
audible by all members and the public in attendance at the meeting, provided that in
executive session the remarks shall be audible only to those included in the executive
session.
(13) As used in these rules, "telephone" means any system for synchronous two (2) way
voice communication. "Chair" includes the vice -chair or any other commissioner serving as
chair pro tempore.
(14) Each commissioner may attend a maximum of two (2) meetings by teleconference
during the twelve (12) month calendar year.
(15) A commissioner may attend an additional two (2) meetings by teleconference during
the twelve (12) month calendar year if the member declares that he or she is physically
unable to attend the meeting due to the need for extended medical care and treatment of
the member or member's immediate family.
(A)ln this section, "immediate family" means the spouse of the person, another person
cohabitating with the person in a conjugal relationship that is not a legal marriage, a child
(including a stepchild or foster child) of the person, a parent, sibling, grandparent, aunt
or uncle of the person, or a parent or sibling of the person's spouse.
1.90.110 Commission on Aging
(a) Duties and Powers:
(1) As requested by the Council and /or Administration, develop, adopt, alter, or revise
subject to approval by the City Council, a master plan for the operation of the senior
center and senior citizen programs for the City of Kenai;
(2) Submit annually to the City Manager, not less than ninety (90) days subsequent to
the end of the preceding budget year, a list of the recommended capital improvements
which, in the opinion of the Commission, are necessary or desirable to be constructed
during the forthcoming three (3) year period. Such list shall be arranged in order of
preference, with recommendations as to which projects shall be constructed in which
year;
(3) Make recommendations regarding any matters related to the needs of the senior
center and senior citizen programs;
(4) Serve as the liaison between the public and the City Council in regards to the needs
of the elderly in the area;
(5) Work closely with the programs which enable the continued independence of the
senior citizens;
(6) Shall act in an advisory capacity in the selection of the Senior Center Director.
(b) Membership
The Commission shall comprise of nine (9) members and over one -half of the members
shall be participants of the Senior Citizens' programs, sponsored by the City and shall be
sixty (60) years of age or older. No employee of the City is eligible for membership and no
more than one member per house hold is permitted.
Commission /Committee Review Page 8 of 9
August 2014
(c) Time and Place of Meetings
All meetings of the commission will be held at the Senior Center beginning at 3:30 p.m.
1.90.115 Mini -Grant Steering Committee
(a) Duties and Powers:
(1) Provides funding in the form of mini - grants for residents, school programs and
organizations to use for projects that will have an immediate, positive, and long- lasting
effect for their neighborhoods and the City of Kenai.
(2) The City of Kenai may provide funds in its annual Legislative Budget for distribution.
The maximum grant amount the Committee may award is $500. Grants larger than $500
must be approved by the Kenai City Council. Awards for funding are granted to prior -
approved projects only.
(b) Membership
The Committee will include the Mayor, a Kenai Economic Development member, and one
representative each from Kenai Central High School and the Kenai Chamber of Commerce.
(c) Time and Place of Meeting
The meetings will be conducted on an as needed basis to review applications submitted and will
be held at City Hall in the City Clerk's conference room time to be determined by availability of
the committee.
Commission /Committee Review Page 9 of 9
August 2014
Chapter 1.57 LIBRARY COMMISSION
1.57.010 Duties and powers.
The Commission shall be required to do the following:
(a) Develop, adopt, alter, or revise subject to approval by the ty Council, a master plan for
the physical development of library facilities for the City;
(b) Submit annually to the City Manager and Counci list of recommended capital and
other improvements in regards to the library;
(c) Make recommendations regarding any m er related to library service;
(d) Serve as the liaison between the pub ' and the City Council in regards to library service;
(e) Work closely with the Friends o e Kenai Community Library for the betterment of the
Kenai Community Library;
(f) Shall act in an advisory capacityXthe selection of the Library Director.
(Ords. 852, 1161, 1802 -98, 2
1.57.020 Library
The Libr Regulations shall be as listed under the regulations section in the Kenai
Code, Supple nt No. 18, adopted on September 20, 1982, and all future updates. (Ords. 852,
1161, 1802- 98, 2184 -2006)
w \ .
X�
Chapter 11.10 HARBOR COMMISSION
11.10.010 Duties and powers.
(a) The Commission shall be required to do the following:
(1) Develop, adopt, alter, or revise, subject to approval by the Ci Council, a master plan for
the physical development of harbor or port facilities for the Ci uch master plan with
accompanying maps, plats, charts, descriptive, and explanat matter, shall show the
Commission's recommendations for the development of t City Harbor facilities may include,
among other things:
(i) development of the type, location, an sequence of all public harbor facilities;
(ii) the relocation, removal, extension r change of use of existing harbor facilities;
(2) Submit annually to the City Manager Council, not less than ninety (90) days prior to
the beginning of the budget year, a list of ere capital improvements which, in
the opinion of the Commission, are nec sary or desirable to be constructed during the
forthcoming three (3) year period. S list shall be arranged in order of preference, with
recommendations as to which pro' cts shall be constructed in which year.
(3) Make investigations rega mg any matter related to City harbor facilities, tide or
submerged lands. Make reco mendations to the Council relative to the care, control, and
development of tide and s merged lands.
(4) Act in the capaci as directed and authorized by a tidelands ordinance adopted by the
City.
(5) Review all ty leases of City -owned tide, submerged, and lands or navigable waters
within the City d as to the planned improvements proposed and make recommendations to
the City Con il.
(6) Mak and prepare reports and plans for approval by the City Council.
(7) C rdinate public efforts, individual and group, to the effectuation of approved plans.
(8) hall act in advisory capacity in the selection of a Harbor Director should such a position
be eated by the City Council.
(Ords. 4 , 1161, 1802 -98)
"X
.V
V
Chapter 14.05 PLANNING AND ZONING COMMISSION
14.05.010 Duties and powers.
(a) The Commission shall be required to perform the following duties: /
(1) Review and act upon requests for variance permits, conditional use permits, planned unit
residential development permits, and other matters requiring consideration under the Kenai
Zoning Code.
(2) Interpret the provisions of the Kenai Zoning Code and make determinations when
requested by the Administrative Official.
(3) Review the City of Kenai Comprehensive Plan on an annual basis and conduct a
minimum of one (1) public hearing. Said recomme dations shall be forwarded to the Council
for consideration. /
(4) Promote public interest and u:
land management, and other issues
(5) Proposed plans for the rehabil
City.
(6) Perform historic preservation
ndipg of comprehensive planning, platting, zoning,
to community planning and development.
or redevelopment of any area or district within the
and duties as set forth in KMC 14.20.105.
(b) The Commission shall act iy�an advisory capacity to the Kenai City Council regarding the
following matters: /
(1) Kenai Zoning Code and/Official City of Kenai Zoning Map amendments.
(2) City and airVdesiable ase or sale petitions.
(3) Capital ImpProgramming. The Commission shall submit annually to the
Council a list of red capital improvements which, in the opinion of the Commission,
are necessary and o be constructed during the forthcoming three (3) year period.
Such list shall be order of preference, with recommendations as to which projects
shall be construct year.
(c) The Com ssion shall act in an advisory capacity to the Kenai Peninsula Borough
Planning Commissi regarding the following matters:
(1) Subdiv' ion plat proposals.
(2) Righ of -way and easement vacation petitions.
(3) Ci of Kenai Comprehensive Plan amendments.
(d) embers of the Planning and Zoning Commission shall be compensated at the rate of
one hundr dollars ($100.00) per month.
(KMC 14 -3; rds. 155, 403, 1018, 1161, 1179, 1892 -2000, 2312 -2008)
14.05 #15 Appointment to Planning and Zoning Commission.
Public Notice — Application.
(1) Whenever a term of a Commission member is to expire, and whenever a vacancy on the
Commission occurs, the City Clerk shall notify the Council and advertise the notice of vacancy
and request for applications, along with the deadline for filing an application. The application
deadline shall be the same deadline as the Council observes for timely submissions tp the City
Clerk for inclusion of materials in the City Council meeting packet (as set by the policies and
procedures of the Council) for the meeting at which the nomination for appointment is on the
Council agenda.
(2) The Clerk shall advertise the notice at least two (2) times a week for one (1) week by
publication in a newspaper of general circulation, by posting on the City's website, and by
posting in at least three (3) other public places in the City, one (1) of which shall be the official
bulletin board of the City at City Hall. The last date of newspaper publication shall be no later
than seven (7) days before nomination for appointment by the Mayor at a Council meeting.
(3) An applicant shall file with the City Clerk a completed application for appointment to the
Commission on a form provided by the Clerk. All applications filed by the advertised deadline,
including those previously on file, shall be placed in the Council packet for the meeting where
the nomination is made.
(b) Nomination Procedure. Consideration shall be given to the qualifications and merits of
each applicant. The Mayor shall make nominations only from the list of persons who timely
submitted an application as provided in subsection (a)(3). The Council may re -open the application
period.
(c) Confirmation by Council. The Kenai City Council shall review the Mayor's nomination
no later than the next regular Council meeting following the meeting in which the Mayor made the
nomination, at which time the Council shall consider whether to confirm the nomination.
(d) Tenn of Office. Members of the Planning and Zoning Commission shall be appointed for
a term of three (3) years. Terms shall end on December 31 st of the third year. In the event a seat has
six (6) months or less remaining to the unexpired term, the Mayor may choose to nominate an
applicant for appointment to the remainder of the current term as well as to the full term
immediately following the expiration date of the unexpired term, and the Council may confirm the
appointment of the applicant to the remainder of the current term as well as to the full term.
(Ord. 2587 -2011)
14.05.020 Fees.
In order to defray the expenses connected with the consideration of applications for
amendment to the Kenai Zoning Code or Official Map and with the consideration of applications
for permits, the person presenting the application shall pay to the City a fee in an amount as set
forth in the City's schedule of fees adopted by the City Council. Whether an application is
granted or denied by the Commission, the petitioner or applicant shall not be entitled to the
return of the fee paid. (KMC 14 -11; Ords. 403, 954, 1161, 1179, 2528 -2011, 2565 -2011)
14.05.05 Telephonic participation at Planning and Zoning Commission meetings.
(a) Except as otherwise provided in subsection (e), if at least a quorum is physically present
at a Commission meeting, other commissioners may participate via telephone in the Commission
meeting, if the commissioner declares that circumstances prevent physical attendance at the
meeting. If the chair chooses to participate via telephone, the vice -chair shall preside,,
(b) No more than the first two (2) commissioners to contact the Clerk's office regarding
telephonic participation in a particular meeting may participate via telephone at any one (1) meeting.
(c) The commissioner shall notify the Clerk's office in writing as soon as reasonably
practical, but not less than six (6) hours prior to the start of the Commission meeting that the
member proposes to attend by telephone. Such notification shall state whether such telephonic
participation is pursuant to subsection (n) or (o), and shall provide the physical address of the
location, the telephone number, and any available facsimile, ,email, or other document transmission
service. Failure to provide the notification within the period of time provided herein shall result in
the member's exclusion from attendance of a Commission meeting through telephonic participation.
The Clerk or designee shall notify all Commission members of the request.
(d) At the meeting, the Clerk or designee shall establish the telephone connection when the
call to order is imminent.
(e) A commissioner participating by telephone shall be counted as present for purposes of
discussion and voting except for matters and agenda items appealable to the Board of Adjustment.
(f)The commissioner participating by telephone shall make every effort to participate in the entire
meeting. From time to time during the meeting, the presiding officer shall confirm the connection.
(g) The commissioner participating by telephone may ask to be recognized by the presiding
officer to the same extent as any other member except for matters and agenda items appealable to
the Board of Adjustment.
(h) To the extent reasoruibly practicable, the Clerk or designee shall provide backup
materials to commissioners p icipating by telephone.
(i) If the telephone connectio cannot be made or is made and then lost, the meeting shall commence
or continue as scheduled a d the Clerk or designee shall attempt to establish or restore the
connection.
0) Meeting times shall a expressed in Alaska time regardless of the time at the location of any
commissioner participating by telephone.
(k) Participation by telephone shall be allowed for regular, special and work session
meetings of the Commission.
(1) Remarks by commissioners participating by telephone shall be transmitted so as to be audible by
all members and the public in attendance at the meeting, provided that in executive session the
remarks shall be audible only to those included in the executive session.
(m) As used in these rules, "telephone" means any system for synchronous two (2) way voice
com nication. "Chair" includes the vice -chair or any other commissioner serving as chair pro
to ore.
(n) Each commissioner may attend a maximum of two (2) meetings by teleconference during
the twelve (12) month calendar year.
(o) A commissioner may attend an additional two (2) meetings by teleconference during the
twelve (12) month calendar year if the member declares that he or she is physically unable to attend
the meeting due to the need for extended medical care and treatment of the member or member's
immediate family.
(p) In this section, "immedi family" means the spouse of the person, another person
cohabitating with the perso ' a conjugal relationship that is not a legal marriage, a child
(including a stepchild or ster child) of the person, a parent, sibling, grandparent, aunt
or uncle of a person, or a parent or sibling of the person's spouse.
(Ord.
1�
Chapter 19.05 PARKS AND RECREATION
19.05.010 Creation.
(Ord. 416, repealed 1161)
19.05.020 Duties and powers.
The Commission shall be required to do the following:
(a) Develop, adopt, alter, or revise subject to approval by the City Council, a master plan for
the physical development of recreation facilities for the City. Such master plan with
accompanying maps, plats, charts, descriptive, and explanatory matter, shall show the
Commission's recommendations for the develojj Jment of the City's recreation facility may
include, among other things: /
(1) Development of the type, 197
and sequence of all public recreation facilities;
and
(2) The relocation, removal, extension, or change of use of existing recreation
facilities.
(b) Submit annually to the City Manager and Council, not less than ninety (90) days prior to
the beginning of the budget year, a list of recommended capital improvements, which in the
opinion of the Commission, are necessary or desirable to be constructed during the forthcoming
three (3) year period. Such list shall be arranged in order of preference, with recommendations as
to which projects shall be constructed in which year.
(c) Make investigations regarding any matter related to City recreation.
(d) Make and prepare reports and plans for approval by the City Council.
(e) Shall act in advisory capacity in the selection of a Director of Parks and Recreation.
(Ords. 416, 1161)
19.05.030 Terms and appointments to vacancies.
(Ords. 416430, repealed 1161)
19.05,!040 Qualifications of Commission members.
(Ords. 416, 619, rep 7w 1161)
19.05.050 Proteedinas of Commission.
(Ord. 416, }repealed 1161)
Chapter 21.20 AIRPORT COMMISSION j
21.20.010 Duties and powers. /
The Commission shall:
(a) Develop, adopt, alter or revise, subject to approval by the City Council, a master plan for
the airport development. This may include:
(1) Development of type, location and sequence of all airport terminaf facilities;
(2) Development and use of all airport aeronautical lands.
(b) Observe, oversee and guide in an advisory capacity, any matters relating to use of airport
runways, airport terminal, and airport aeronautical lands.
(c) Act in an advisory capacity to the Council and the Airport Manager.
(d) Make recommendations to the City Manager on airport budget.
(Ords. 2180 -2006, 2241 -2007)
21.20.020 Qualifications. /
Members of the Airport Commission will conform to the requirements of the City of
Kenai Boards, Commissions, and Committees Standard Procedures as established by KMC 1.90,
except that members of the Airport Commission need not be residents of the City of Kenai.
(Ords. 1531 -93, 2180 -2006)
21.20.030 Membership.
The Commission shall comprise of seven (7) members who shall be chosen so as to
represent broadly the following areas:
i
(a) One member, fixed base operator (FBO).
(b) O 1e member, lessee of airport aeronautical lands or terminal facility.
(c) One member, with expertise in Federal Aviation Administration functions.
(d) One member, representing the Civil Air Patrol.
(e) Three members, at- large, representing the business and professional community.
One non - voting member, representing ad hoc member of the Kenai City Council.
1531- 93,2180 -2006)
Chapter 11.15 TIDELANDS
11. hort title.
This ordinance shall be known as
11.15.020 Definitions.
�I.
IV`s
For the purpose of this ordinance, the terms defined herein shall have the meaning
provided unless the context requires otherwise:
(a) "Alaska" means the State of Alaska.
(b) "Agricultural Lands" means tidelands chiefly valuable for agricultural purposes.
(c) "Assessor" means the Assessor of the City of Kenai, Alaska, or other individual
designated by the City Manager to perform the functions herein assigned to the Assessor.
(d) "City" means the City of Kenai, Alaska.
1-�" (
(e) "City Engineer" means the City Engineer of the City, or other city official designated to
perform the functions herein assigned to the City Engineer.
(f) ` ass ht" means the right extended to persons who occupied or
developed tide or submerged lan s of a surveyed townsite on and prior to September 7,
1957, and who have executed a waiver to the City f all rights such occupant may have
had pursuant to Public Law 85 -303. Upon execution of the waiver, ersons or their
successors in interest, have the right to acquire such occupied or, velope ' or submerged
lands from the City for consideration of the costs of survey, and transferring and co ing the
title.
(g) "Clas Terence Right" means the right extended to Class I preference right claimants
who refuse to execute a to the City of any rights such occupants may have acquired
pursuant to Public Law 85 -303. t e mandatory for the City to expeditiously honor the
application from the occupant after the Secre the Army has submitted to the Secretary of
the Interior and Governor of the State maps showing the ad line established by the Corps
of Engineers with respect to the tract so granted. The most expediRon&jnethod of securing title
to such lands is to execute the waiver of Class II rights and proceed to app itle under a
Class I preference right.
Preference Right" means the right extended to persons who occupied or
developed tide or su lands after September 7, 1957, and who continued to occupy the
same on January 3, 1959. Such pe or their successors, have the right to acquire such
occupied or developed tide or submerged or a consideration not to exceed the costs of
appraisal, and the administering and transferring, inc survey, together with the appraised
Mrmml 1ue thereof, exclusive of any value occurring from improvements or development,
such as fill materia . ui es therenn
(j) "Clerk" means the Clerk of the City.
(k) "Commission" means the City of Kenai A Harbor Commissi
(1) "Director" means the Director of(ands, State of Alaska.
(m) "Director's Line" means a line seaward of the City, apprdved by the Director, with the
concurrence of the Commissioner of Natural Resources, Sta e of Alaska, seaward of all tide and
submerged lands occupied or suitable for occupation and evelopment without unreasonable
interference with navigation.
(n) "Fair Market Value" means the highest price, described in terms of money, which the
property would bring if exposed for sale for a r asonable time in the open market, with a seller,
willing but not forced to sell, and a buyer, * ing but not forced to buy, both being fully
informed of all the purposes for which the
;op is best adapted or could be used.
(o) "Fill" shall mean earth, gn
contiguous submerged lands to a I
lands for a special useful purpose.
tide or contiguous submerged lain,
considered fill unless such fill ova;
3, 1959.
vel, Pock, sand, or other similar materials placed upon tide or
eight above the high water line for the purpose of elevating the
arth, gravel, rock, sand, or other similar materials, placed on
solely for the purpose of spoils disposal shall not be
used for useful and beneficial purpose on and prior to January
(p) "Hearings Officer ""means that City official employed to hear disputes between claimants,
summarize the testimony; attempt to reach stipulations of fact between the parties, assemble the
record of the dispute, and submit the same to the Council for determination.
(c) "Improvements" means buildings, wharves, piers, dry docks, and other similar types of
structures permanently fixed to the tide or contiguous submerged lands that were constructed
and/or maintaine y the applicant for business, commercial, recreation, residential, or other
beneficial uses o purposes. Floats secured by guide piles used as floating wharves, where access
is provided to t e shore, shall be improvements within the meaning of this section, and fill
material not a tually in place to above the line of mean high tide of January 3, 1959 and actually
utilized for neficial purposes on January 3, 1959 by the applicant shall be considered a
permanent ' provement, but in no event shall fill be considered a permanent improvement when
placed on a tidelands solely for the purpose of disposing of waste or spoils. Fill material not
utilized r a beneficial purpose on and prior to January 3, 1959, and fill material not actually in
place to above the line mean high tide on January 3, 1959 shall not be the basis for an
applic ion, nor shall it be included in any application, for the exercise of preference rights
*(r) "Industrial and Commercial Lands" means tide lands chiefly valuable for industrial,
facturing, or commercial purposes.
(s) "Kenai" means the City of Kenai, Alaska.
(t) "Manager" means the Manager of the City of Kenai, Alaska. /
(u) "Mean High Tide" at any place subject to tidal influence shall be interpreed as the tidal
datum plane derived from averaging all the high waters observed at that plate over a period of
nineteen (19) years. Mean high water shall be interpreted to be as the igtersection of the datum
place of mean high water with the shore.
(v) "Mean Low Tide" shall be interpreted to be mean lower low water which is the mean of
the lower of the two low waters of each day for a tidal cycle of nineteen (19) years.
(w) "Occupant" means any person as defined here' , or his successor in interest, who actually
occupied for any business, residential, or other ben icial purpose, tide or submerged land,
within the conveyance of such by the /pers ty, on or prior to January 3, 1959, with
substantial permanent improvements. all be considered an occupant by r eason of
having:
(1) Placed a fish trap in poation or storage upon the tide, shore, or
submerged land;
(2) Placed a set net or fling therefor or any other device or facility for taking of fish;
(3) Placed pilings q dolphins for long storage or other moorage;
(4) Placed
contiguous submerged
(5) C
is occupied by a
improvements sl
power, or other transmission facilities, roads, trails, or other
or
the land by virtue of some form of constructive occupancy. Where land
other than the owner of the improvements thereon, the owner of the
the purpose of this ordinance, be considered the occupant of such lands.
(x) "Occupie or Developed" means the actual use, control, and occupancy, but not
necessarily residence, of the tide or submerged land by the establishment thereon of substantial
permanent improvements.
(z) "Park and Recreation Lands" means tidelands chiefly valuable for public park and
recreation use, including scenic overlooks.
(aa) `Person" means any person, firm, corporation, cooperative association, partnership or
other ntity legally capable of owning land or any interest therein.
(bb) " Pierhead Line" is a line fixed by the Corps of Engineers roughly parallel to the existing
line of mean low tide at such distance offshore therefrom that said pierhead line shall encompass
landward all stationary, manmade structures under the authority of Public Law 85 -303.
(cc) "Preference Right' subject to the classifications thereof herein established means the
right of an occupant to acquire by grant, purchase, or otherwise, at the election of the occupant,
except as otherwise limited or prescribed in this Ordinance, any lot, piece, parcel, 6i tract of
tideland or submerged land occupied or developed by such occupant on and prior to January 3,
1959.
(dd) "State" means the State of Alaska.
(ee) "Submerged Lands" means land covered by tidal waters between the line of mean low
water and seaward to a distance of three (3) geographical miles, in their natural state, without
being affected by manmade structures, fill, and so forth.
(ff) "Substantial Permanent Improvements" shall for the purposes of the Ordinance have the
same meaning as Improvements, as herein defined.
(gg) "Tidelands" means lands periodically covered by tidal waters between the elevations of
mean high tide and mean low tides, without regard to artificial interference with tidal flows
caused by manmade structures, breakwaters, fill, and the like. e
shall also include submerged lands conveyed by the State to the City.
(hh) "Tidelands Subdivision Pl " is that certain plat of subdivision of tidelands and
submerged lands conveyed by thdState to the City made by H.H. Galliett, Jr., Registered
Engineer, dated December, 1968, known as Alaska Tidelands Survey No. 272 and filed as 76-
179 in the Kenai Recording District showing all structures and improvements thereon and the
boundaries of each tract ocpupted or developed, together with the name of the owner or claimant
thereof, including within jlie boundaries of each tract occupied or developed such surrounding
tide and submerged lan es as shall be reasonably necessary in the opinion of the Council for the
use and enjoyment of the structures and improvements thereon by the owner or claimant, but
shall not include any tide or submerged lands which if granted to such occupant, would unjustly
deprive any occupant of adjoining lands from his reasonable use and enjoyment thereof.
11.15.030 Approval and acceptance of State conveyance.
The conveyance by the State to the City, dated January 6, 1977 of tidelands and
submerged lands lying seaward of the City is hereby approved and accepted and the lands therein
are here 'y declared incorporated into the limits of the City.
11.1 .040 Approval and adoption of subdivision plat.
The Tidelands Subdivision Plat, hereinafter called "Pla " is hereby approved and adopted
as the official Tidelands Subdivision Plat of the City of Ke , Alaska, of tide and submerged
lands conveyed by the State to the City by conveyance dated January 6, 1977. Said Alaska
Tidelands Survey is numbered 272 and is filed under 76 -179 in the Kenai Recording District.
11. i .050 and places p ting plat
S d Plat all be p sted for eriod o not less t sixty (60 day commenci g
the d e llowing e dat of final pass this ordinanc , 'n the ffice of e Cler , City Hall
Buildin .
1 .15.060 Publication of 6tice of posting plat and pi passage of ordinance.
The Clerk shall se to b issued and pub, shed once a eek for four Weeks., in a
n spaper of general rculation i the City, commencing the day after the to of final pass ge
o this ordinance, a n f ice of the p sting of said plat containing th followir g>�statements:
Time and place of posting.
The day of final passage and the effectiv date of this ordinance whi h adopts the plat
official Tidelands Subdivision Plat of the tid�and submerged lands conv yed by the State
City on January 6, 1977.
That any and all persons having or claiming preference rights provide l
n defined to any part or parts of the subdivided land embraced within the
who fail to apply to exercise such rights under the provisio6 of this ordini
°ars from and after October 6, 979, which is hereby declared to be the dat
c tions therefor will be first ac epted by the City, shall have forfeited their
ded by law and this ordinance.
(d) That this Ordinance was enacted to protect occupants having preference r
due rocess of 14 to provide procedures for applying for exercise of preference
hearing and adjudicating adverse claims, and for conveying title to occupants hol
rights defined by law and this ordinance. /
(e) That copi of this ordinance and plicatio forms are avail ble at the cJf
of the City.
(Ord. 45A
1 .15.0 Tim 'n whi application ill be accepted -for filing.
r law and as '
undaries of said
.ce within two
upon which
ireference i ghts
I
to afford
its, for
;preference
1
of the Clerk
After im ' review of the applica ' n by the Conunissi ,the applicant sh 1 have
pre ed at his o cost a preliminary and al plat as describe 'n the followings tion. (Ord.
455)
11.15.100 Preliminary plat.
Na) The applicant hall prepare, or have pr aced, a preliminary plat of t e tide, shore, or
\ThCommission ged lands whit he claims. This plat sh comply with the requireme is hereinafter set
f
(The purpose of a pr liminary plat is to affor he occupant an opportunity of receiving
pnary review and prev t the unnecessary expen iture of money and time that would be
ntated if major changes ere required. \\
(he applicant must file hr application accompanied four black or blue -lined plats of
t t. A
(Th Commission shall forwar the preliminary plat to an e ineer to be designated by th`r
Cssio who shall report to the Co mission his approval or dis proval of the plat for
tal or gineering reasons and the mmission shall, within nmet} (90) days after
ssion o he preliminary plat, notify t applicant of the tentative a roval or disapproval
olat and 's reasons therefor. (Conditiona approval of the preliminary p t shall not constitute approval of the fmal plat.
Rit shall be d emed an expression of approv as a guide to preparation ol final plat.
(Ord. 455)
Preliminary plat
The Preliminary Plat sh4l show the following
(a) Negal description of locatio to include latitude and 1 giti
corner o the survey and the total acr of the area occupied or a
(b) N e and address of applicant d name of land surveyor,
preliminary ayout.
to the nearest inute at one
�d.
any, who prepared e
(c) The ho"Zontal scale shall be 100' to %he inch unless otherwise ap roved by the
Commission. \ \
(d) Date of prl paration and North Point.
The horizontal Cale shall be 100' to the inc unless otherwise ap oved by the
mmission.
(f) The location of all oads within 200' of the tra , fill material, existin permanent
buil 'ngs, or other structure within the parcel, existing tility lines, mean hig and low tide lines
with ference to permanent ctures and other permane t features such as sec 'on lines, and
such o er information as may a requested by the City.
(g) S ace for approval and/or c mment by the Commissio
(h) The ames of adjacent owners claimants, if any, oth\tlhi the City
(i) Adjac t U.S. Surveys, if any, gid \beown ber of the Surve
0) A vicini ketch or key map shouon the preliminary out. The scale sh<
not be less than on -half inch to the mile. location of the parce eing applied for,
the principal roads tems and section or y lines shall also be sh
120 Survey procedure.
Wherever feasible, data asst forth in ATS 272, recorded in the Kenai Recording District
as 7 179 shall be used. Where addi 'onal data is required the followigg procedures shall govern:
(a) Vetermining the line of mean high tide
(1 In the case of U.S. Survey hich abuts the tidelands, such .S. Survey being
made prior the date of statehood, the lin of mean high tide shall be cons ed to be either the
meander line established on the seaward si of the U.S. Surveyor the line s defined under
Section 2(s) o these regulations, whichever is a lower.
(2) F tidelands surveys abutting any .S. Survey made after the da of statehood
or in any location here no uplands survey exists, a line of mean high tide shal a determined
by using U.S.C. & S. Bench Marks (or any other b \nchmarks which have been tablished
from that source), an tide table datum. The upland b need not follow this li a in its entire exactness, but ay follow in a "meander" or " line of mean high tide, ach end of
the boundary should be stablished on the elevation igh tide. Provided, howe er, that
where the true line of me high tide has been alterer artificial accretion, the li e of
high tide as it existed prio to such alteration shall go
(3) In the case tha o
property being surveyed, the s
water, and applying tidal reading.
accordance with Paragraph (2) of
the average grade of the bench is
U.S.C. & G.S. Bench Mark eNsi
eyor may, by using the tide tab
he has taken, determine the line
Nsectt is
ion. In some cases, such
.en ercent (10 %) or less and det
within one mile of the
for the immediate body <
if mean high tide and use
salt or mud flat areas w
the elevation of the
lire of mean high tide could ere e a lengthy horizontal distance, t1
that a true line of mean high tid be established, regardless of the
mark.
(b) Method of establishing side bo dary lines.
(1) In fixing the side boundary ' e:
Boundary Lines, as outlined by such authors
event that actual occupancy does not match the
include the occupantis holdings and not to encr
(Ord. 455)
11.15.130 Procedure o anal plat.
(a) The final plat shall nform
'Commission.
(b) The final plat shall be sN
mylars together with five prints.
the general rules of
Council may require
ce from a kno bench
din Riparian
Rayner, Clark or Brown, shall followed. In e
parian Boundaries, the survey all be made t
)a on the adjoining occupant.
substantially to the preliminary layout as
1\
to the City Clerk on good quality tracing cloth,
by the
ink, or
(c) The final plat shall be drawn o scale of 1" equals 100', i ith an option of using 1" a ua
20' or on sheets of one of three si es: 18" x 24 ", 31 1/2" x 34 ", or 22" x 36 ", unless
otherwi approved by the Commission. When more than one sheet is required, an index shall
filed sho 'ng the entire parcel with the s ets in numerical order, and each sheet showing the
total numb r, i.e., sheet 1 of 3. When more an one sheet is submitted, only the last must have
the approva blocks, but all sheets must be th same size.
(d) When e final plat has been approved b the
with the deed to e property, to the Magistrate o
for official record g. Special instructions shall be
the deed to the occ ant after recording. One copy o
The original tracing c retaining the certification by th
Prints or duplicate tran arencies will be furnished at
(Ord. 455)
11.15,140 Final plat r u
(a) The f� plat shall
Commission, one copy shall be sent, along
e Recording District in which the tract lies
Kthe ct the Magistrate instructing him to send
plat will be returned 'io the occupant.
ommission will be retained by the City.
of reproduction.
S.
all infonnation require on preliminary plat.
%St The final plat must represent an actual survey made by a person who has been
btate of Alaska, Board of Engineers & Architects Examiners to practice land si
te of Alaska.
(c) In a'dgition thereto, the following information shall be shown on the final
in
(1) undary lines of the parcel with length and bearings which st close within the
limits of one to 5,0 0. If the seaward limits of the survey falls within the li of mean low tide,
the seaward boundar ust represent lines actually established by the s eyor.
(2) All easem is as required by the City.
(3) Basis of bearin s used.
(4) A properly labele egend showing monumenJs/as found or established.
(5) The course of the shor line for an additio 400' from each side of the survey.
(d) Monuments.
(1) Minimum requirements: Mon
pipe, 30 or more inches long. This pipe shall
be filled with concrete. Firmly emplaced in t
The pipe shall be thoroughly tamped when ,si
is shall consist of a 1 1/2" galvanized iron
a four -inch flange across the bottom and shall
icrete at the top shall be a brass or bronze cap.
(2) The brass or bronze cap Oall have a ikinimurn of two -inch diameter across the
top and 3/4" by 2 1/2" shank. Each ca shall be marke in accordance with the Manual of
Surveying instructions as compiled by the Bureau of Lald Management and shall also show the
registration number of the surveyor.
(3) Where impra icable to set an iron pipe monumenXsury ntaining a minimum of one
thousand (1,000) ubic inches of concrete and a brass o marking the actual comer
point may be used. Should the point for a corner be in a h would be impracticable to
monument, witness comers shall be set in a safe place oboundary line or have two
(2) reference monuments set. The m onuments on the up the survey shall be
referenced�to bearing objects, such as trees, rocks, pilin, a ., or have two (2)
reference monuments set marking the corner.
(e) /These references may be shown on the plat of survey or may be liste separately on a plat
as descr' ed under KMC 11.15.130(c).
Unless otherwise approved by the City Council, each survey shall have a least four (4)
monuments, each fully described in the plat of survey. It is desirable but not ma atory that
monuments be set at all exterior angle points of the parcel. The line of sight bet we adjacent
monuments shall be unobstructed. The distance between adjacent monuments shall t exceed
one thousand three hundred twenty feet (1,320'). No part of the parcel shall be farther an one
thousand three hundred twenty feet (1,320') from a monument unless otherwise approved
the City Council.
(2) If the point for the seaward comer falls in an unsafe place, a witness corner shal e
established on the side boundary line.
: tionship to Known Monument.
0 Bearings of all lines shall be referred to the true meridian. The magneti eedle may not
be u d for this purpose. Bearings shall be obtained by deflection from exi 'ng official
surve at the G.L.O., B.L.M., U.S.C., and G.S., U.S.G.S., the Alaska D' ision of Lands, or
monum is with proper identification which are delineated on recorde plats, unless otherwise
provided r in these regulations.
(2) True b rings and distances to the nearest established surve ines, such as those listed
previously, which shall be accurately described on the plat, sha be shown.
11.15.150 Deposits for
to filing.
The application form will\assist the applicant in d Iermining the proper costs to advance,
which will depend upon the nature %caset ht claimed n all cases a filing fee as set forth in the
City's schedule of fees adopted by ouncils all be required. Survey costs depend upon
the area claimed at a per foot rate in the/)City's schedule of fees. If the area claimed is
different from the lot as it appears t, the pplicant shall show the measurements of the
additional or lesser area claimed ante and pay the different survey cost accordingly.
Transfer costs will be the same in ey cover the cost of time estimated to be required
to exa mine, process, and approve t"on, as well as to prepare and execute the deed,
publish notice, give notice of additional costs, I any, and give notice to applicant. In all cases,
transfer costs will be in an amount as set forth in he City's schedule of fees adopted by the City
Council. Deposit for appraisal costs will be requir in all cases of Class III preference rights, or
where another asserted right is dete fined by the C uncil to be a Class III right. Appraisal costs
shall depend upon the area involve and the complexi of the appraisal sought. Where required
as a deposit, the minimum and imum deposit forth appraisal fee shall be as set forth in the
City's schedule of fe( 55, 2528 -2011)
11.15.160 Additional costs in certain cases.
Aside from posits required at the time of filing application additional costs will be
required to be pai prior to hearings where disputes require hearings, and for cost of land under a
Class III right a well as appraisal thereof when a preference right sough to be exercised is
determined to e a Class III right, as follows:
(a) ,' When the area claimed does not comply with the boundaries of the to quiroEotice n on the plat,
it is necessary to have a hearing to establish the validity of the right claimed an d ey it is
necessary for the plat to be changed to comply with the application. This may re to be
given to adjacent occupants interested in the difference between the lands claimed and land as
shown on the plat so that all parties in interest may be heard at the hearing.
When applications conflict with the same area or portions thereof, it shall be nee
a hearing to determine the fact and the issue in question. Conflicting claims will be
scrutinized and each disputing party will bear the burden of proving facts sufficier
the validity of his or her claim.
(c) The party filing an application conflicting with a claim previously filed sha a required
to depo 't hearings costs in the amount of one hundred dollars ($100.00). If the con 'ct is not known
at the tim of filing, the applicant shall be advised of the conflict as soon as it is wn and of the
need to de osit the hearing cost deposit.
(d) T \same plicant who after hearing and determination by the Counci s determined to have
claimed the of another shall be the party to bear the cost of the hearin . If such party did not
deposit sucs, no deed shall be delivered to him or her until the cos s paid. Where the
depositor is vailing party, the hearing cost deposited shall be re nded to him or her by the
City.
(e) title y Class III preference right is claimed, th applicant shall be required to
deposit the sed p chase price after appraisal has been de and the purchase price has been
so determine same rocedure will be applied when n application under another Class of right
is sought butermine at the only available right to a applicant is a Cla ss III right.
(f) When a pnce right i ought to be exercised o er than a Class III right and such right is
determined a Class right, en the applicant sh be required to deposit the estimated cost of
appraising tperty claimed.
(g) The applicant who recei es the
cost of recording the deed.
(Ord. 455)
11.15.170 Procedures for processing filed
the City shall at his or her own cost bear the
The Clerk shall cause tj(e following procedure \to be carried out
(a) All copies o pplications accepted for filing sh 1 be stamped with time and date of filing
and an application nu ber in chronological order of filing.
(b) All orig' al applications shall be filed in a perman\perso nd the names of the
applicants entere in an alphabetical index which shall be a rt of such register.
(c) Th pplication register shall be available for pub during office hours of the
Clerk exce hen in actual use for filing and indexing.
(d) ertified copies of all applications shall be preparso upon request upon
their pa rng two dollars ($2.00) per pag e for copies of said ad attachments
formi g apart thereof.
(e Processing of Duplicate Applications. The third copy of the application will be
to applicant as his or her record and as
ipt ford eposit made, or mailed to applicant if he or she has provided a retu nvelope. The
id y shall be the working file copy to be handled and processed as folio .
(1) plications to exercise Class I preference rights having waivers ached and which
apply for nds which comply with the plat with respect to area and b undary locations shall be
transmitted the City Engineer for handling as provided in KMC 1.15.190. Applications to
exercise Class reference rights which do not have waivers att hed, irrespective of whether
the lands applied r comply with the plat shall be segregated or han-
dling in the same manner asXClass II preVence right applications.
(2) Applications to exercise Class refe nce rights having waivers attached, and which
claim lands which do not comply with Plat with respect to area and boundary locations,
shall be transmitted to the City Engine r handling as provided in KMC 11. 15.190 and
further processing as provided in C 11. .220.
(3) Applications to exercise Cl s II preferen rights shall be segregated and kept with Class
I preference right applications of having waiver ttached. All such applications shall be held
in abeyance by the City unti uch time as the pierhe d line is established by the Corps of
Engineers, whereupon suc applications shall be prom ly honored an d processed in the
manner herein describe or Class I preference right app boons, where waivers are attached.
(4) Applications to xercise Class III preference rights, an all applications determined in
whole or in part to a Class III, shall be transmitted to the Asse or for appraisal as provided in
KMC 11.15.180
(5) No appl' ations which combine Class I, Class II, and Class III, any combination of
such prefer ce rights, will be accepted for filing. Any such application resented for filing
shall be r rued to the applicant for revision into two or more application each of which will
apply f land under only one type of preference right.
(6)
/An application to exercise one class of preference right which in part compN
with respect to area and boundary locations, but does not wholly comply with
respects, shall be treated as if no part of the application so complies with the
shall be processed for contest hearing.
455)
11.15.1 Appraisal.
with the
e Plat in
All applications for Class II preference rights shall be transmitted tXfurther
er for appraisal. His appraisal shall be made on a form prepared in nal
h shall be attached to the application and the duplicate of which shhis
Applications when appraised shall be transmitted to the City Engi
ipg. (Ord. 455)
11.15.190 Review by City Engineer.
A ll application being ready for processing s be reviewed by the City Engineer. Upon
review and comparison ' h the Plat, he shall m his request to the Harbor Commission giving
a copy thereof to the applic t as to whether o of the application seeks to exercise a preference
right to land which is describe n the Plat d complies with it in respect to area and boundary
locations.
11.15.200 Recommended proval by
The Kenai Ad ' ory Harbor Commission shal view all applications for tidelands upon
the submission of City Engineer's report. The Cornmr ion may conduct public hearings to
/notifyingplicant lidi of the applicant's claim and request additi al evidence by way of affidavits
i order to come to recommend said claim for appr al by the City Council
plicant thereof by mail sent to the address stated on h is plication. The Commission
a check -off list to aid it in considering applications. The 'ty Council shall consider
the claim of the applicant within the time limitations and wit the right of appeal
t to KMC 11.15.240. (Ord. 455)
11.15. rocessing of approved applications by Clerk and notice to public.,.
All application turned to the Clerk approved by the City Engineer, and appraised by
the Assessor if required, sha processed by the Clerk in the following manner:
(a) The Clerk shall ascertain if the e it made by the applicant is sufficient to pay all
known and estimated costs of survey, apprai$ a , sfer, and purchase, if of Class III and if not,
to advise the applicant that the reminder due shall be osited with the Clerk before further
processing.
(b) If or when the . eposit is sufficient to pay all such costs, the C e hall cause to be
published once a eek for four weeks, in a newspaper of general circulation ' the City, the
following:
(1) Notice of the names of the applicant(s), the Block and Lot numbers oft e�
y claimed according to Plat designations;
(2 � The preference right claimed;
(3) The improvements made;
(4) The length of time (including the dates) -the applicant occupied the land; and
(c) If Class III its appraised value, and that the City will issue to the applicant(s) its Deed
therefor within thirty (30) days after the last date of publication, provided that before date of last
publication no adverse applications -claim has been (filed with the City.
(d) During said period o�fublication, the applications thereof shall be returned to the City
Engineer who, at the end�of said period of publication, shall note on the application whether or
not any adverse claims have been filed for the land in question.
(e) If adv erse claims have been filed, the applications shall be further processed for hearing.
If n verse claims have been filed, the respective applications shall be returne?Ho the Clerk.
(Ord. 455)
11.15.220 Deeds — Permanent register.
the C ei tk-shalLt, en cause to be prepared a Quit -Claim deed coriyeying 'such land to the
applicant(s) that the City has dhd-tr mit the Quit -Claim Deed to-the-Manager for execution.
Notice shall then be sent to the applicant to-take deliver -y-of said Deed at the office of the Clerk,
who shall deliver the same to the applic -if 31l requirements ve been met and all costs,
including purchase price, if-required, have been paid. Duplicate origin l executed Deeds
shall be kept in the-efo he s - Clerk in a permanent register entitled "Kenai Ti_dbelmls Deeds"
with pe ; nt alphabetical index of grantees. (Ord. 455)
13.15.230 Special proceedings for disputed claims
The Commission shall sit as a,quasi adjudicatory body to setoispu es for hearing and
hear the evidence under oath of the parties to the- disputes. ProceeTings shall be informally
conducted but testimony taken under oath, an otie 6 � e proceedings shall be given to the
disputing parties. Their object shabe- tudetermine without
may
! the respective basis of the
conflicting claims. Upon-the- submission of each dispute, the Commi n shall prepare a short
summary on the -confl cting claims and the evidence submitted in support eof, together with
their v en findings of fact, and conclusions of law. (Ord. 455)
Proceedings for determination by Council of all disputes.
Upon fe&eeipLQf the working files in all cases of disputes, and the summar
Hearings Officer, together copies of notices of hearings served upon -ors mailed to all parties
to the dispute, the Council shall set ute of Hearigg and determination, and cause notice to
be served on all parties. Upon the Council haviiig-h `d the dispute it shall enter its ruling
thereon as quickly as possible, but novlater than ten (10) a fterr the matter is submitted.
Aggrieved persons shall have the right of appeal to the Superior court, w' thirty (30) days
after the ruling the Council is rendered. (Ord. 455)
Determination upon stipulation of facts.
Whe ossible, to reach agreement of the parties at hearings before the Commission,
a stipulation of facts sha re pared and agreed upon by the parties. Where this is done, the
Commission shall prepare and attac conclusions of law and submit the file to the City
Engineer to determine if the City's interests-are-affected by the stipulation, orifa-ho-u-ndary
change is required and no third party or City interests ire—affected adversely by the proposed
change in boundaries of lots shown on the Plat approval o ouncil the Plat shall be
directed to be changed. Should it bye date inei�n byothe City Engineer that ulation
adversely affects the inte the City or those of third parties, the dispute shall be ed to
the Commission lbrr further proceedings upon notice given. (Ord. 455)
1 60 Rejection of protests other than by applicant.
No objections will-be- rereived to proposed issuance by Deed by the City on publieaiion
of notice thereof, nor will any person-be_peennitted to appear and be heard at-anytiearing of a
dispute before the Commission or the Council, unhtss such object-of or person is an applicant for
preference rights of Class I or II and has filed an appli `a-tion_with the Clerk. The foregoing shall
not prevent the appearances -befo—re the Commission or Council of w' es appearing on behalf
of the partie ' disp a or persons called by the Commission or Council who ay have personal
ge concerning the verification of claims. (Ord. 455)
15.270 Handling of deposit and purchase funds.
(a) All funds receiv deposits with applications forts or purchase price for tidelands
shall be deposited by the Financ ector in the G_�neral Fund. Such deposits will be credited by
the Finance Director as follows:
(1) Survey Costs s a credit to disbursements ma e City for costs of
preparing the T' ds Subdivision Plat.
Costs - to administrative costs as deeds are issued.
(3) Apprais =Lands—s ve costs as earned, or as credit to a costs
incurred.
(b) Purchase Costs -be credited to a separate accou nt in the General
Fund to pay for improvements in tidelands consisting of fill, street, sidewalk, and sewer
improvements.
(Ord.
of preference rights.
Any occupant, owner, or-fiWodetQQfprefer
applied to the City for title thereto as herein-prcN
applications to exercise preference rights will be
ordinance, by a properly completed ap 1' ' n c
rights as herein defrn o has not
1, on orb re o (2) years after the date
for filing by the City under this
filed wi e Clerk and accompanied by the
required deposit, shall have fo its his right to assert this preferen ' Ins and acquire title to
tidelands subject theret m the City; and such tidelands and contiguous merged lands
subject to such sed preference rights shall thereafter be free and clear of all c s to
preferen fights and the City shall have no obligation to convey the same to any pers or
ons whosoever, and said land shall then be and remain the property of the City and be
subject to such disposition as provided for by law or ordinance. (Ord. 455)
11.15.290 Forms.
The Clerk shall cause to be printed application forms and other forms for use in
hag, the same in substantially the following form:
(a)
APPLICATION FOR TIDELAND
PREFERENCE RIGHTS
Name Application No.
Address
Post Office
Mark X to designate
Class I
Class II
Class III
Preference Right Claimed:
Does the Tideland Plat 272 correctly show the lard applied for:
Yes _ No
If Tideland Plat does not correctly show land applied for, describe 't by metes and bounds and
attached plat of land applied for (use attachment if more space is re ired).
All claimed improvements were first constructed and used (1) before Septem 7, 1957? (2)
Before September 7, 1957 and January 3, 1969? (3) After January 3, 1959? er
My part of your claim based on improvements and/or fill constructed or placed after January
3 959?
Yes
No . If answer is "yes," describe area improved after January 3, 1959 (use attachment
if more sp a is needed), and state nature of improvements.
Have any ofthes improvements been extended or improved after (1) September 7, 1957? (2)
January 3, 1959? Describe.
Was this beneficial use continued through January 3, 1959? Describe.
The Plat is based on apparent use d improvements existing on January 3, 1959, recognized by
the Alaska Land Act; state any reasoll known to you why your claim does not correspond with
the Plat. (Use attachment if more spac is required.)
I offer Cash Money Order Cashier's Check in
the amount of $ as deposit for th following costs:
Use By Clerk
Filing Fee
Survey Costs (at rate of _ /sq.ft.) $
Appraisal Costs (Class II Applications) $ $ \
Transfer Costs ($ ) $ $
Hearing Costs (If claim adverse to prior application a deposit of $ \hea and
service notice is
required.) $ $
T \otal Deposit (Does not include purchase
price of land in Class II Applications)
Deposit Deceived by City By:
Date of
Date Applicatiol Received by City:
Time Filed:
CERTIFICATION
I, , the
the statements made in the at)vIi
Print Name(s)
Signature(s)
(b)
ASSESSOR'S APPRAISAL
-named applicant, or its agent, hereby certifies that all of
and incorporated attachments, if any, are true and correct.
The undersigned appraiser(s) do hereby certify that he has duly appraised the tide and/or
submerged land described in the attached Application No. of
without including in the hereinafter stated value any value for valuable improvements
constr%cted or placed hereon prior to January 3, 1959, at the fair market value.
Tideland �_ sq.ft. at $
DATED, at Kenai, Alaska, this
Signed:
(c)
WAIVER OF CLASS II PREFERENCE
per sq. ft., $
day of , 19
(ATTACH TO EACH CLASS I APPLICATION)
I, , the applicant, or his authorized agent, iktthe Application for Tideland
Preference Rights, Application No. , to whic this Waiver is attached, do
hereby waive any and all Preference Rights, to acquire tide or subTerged and lying seaward of
the City of Kenai, to which I am now or may hereafter become enti ed by reason of the
provisions of Public Law 85 -303.
DATED, at Kenai, Alaska, this day of '19
(Print Name)
(d)
CITY OF KENAI,
TIDELAND QUIT- CLAI%I DEED
This deed, made in duplic to this
between the City of Kenai, Alaska, ran
WITNESSETH:
day of 19 , by and
and , Grantee(s).
That the said grantor, for and in considerate n of the sum of One and No 100 /ths ($1.00)
Dollars and other good and valuable consideration, t it in hand paid by the said Grantee(s),
pursuant to the provisions of the Alaska Land Act (Ch ter 169, SLA 1959) and Ordinance No.
455 -78, enacted on January 3, 1979, pursuant thereto, does hereby conveys, quit claims, and
confirms unto said Grantee(s) as tenants by the entirety, the right of survivorship (strike if
grantees are not husband and wife), and to his (their) heirs assigns (strike if Grantee a
corporation) and to its successors and assigns (strike if Grante not a corporation), all such
interest as the Grantor has, if any, in the following described lot, iece, parcel and tract of
tideland and contiguous submerged land situated within the corpo to limits of the City of Kenai,
Alaska, and more particularly described as follows, to -wit:
All of Lot , Block according to the official Tidelan dSubdivision Plat of
the City of Kenai, Alaska. \
Together with all and singular the tenements, hereditaments and appurtenances thereunto
ng or in anywise appertaining.
To ave and to hold the same unto the said Grantee(s), his or their heirs and assigns, (or)
to its success rs and assigns, forever.
IN WITNESS`
year hereinabove first
CORPORATESEAL
By: (Its Manager)
04011136
Clerk
(Ord. 455)
the Grantor has caused this Deed to be executed the day and
OF KENAI, ALASKA
Chapter 11.20 LEASING OF TIDELANDS
11.20.010 Policy.
The City, in order to make sites available for beneficial industries, may lease City -owned
tidelands to persons who agree to operate a beneficial industry upon the terms and conditions the
Council considers advantageous to the City. (Ord. 532)
11.20.020 Lands available for leasing.
All classified tide and contiguous submerged land within the limits of the City to which
the City holds title may be leased as hereinafter provided, for surface use only, �
ri en yiSC-tpra2l�
11.20.030 Qualifications of applicants.
An applicant for a lease is qualified if the applicant:
(a) Is an individual at least nineteen (19) years of age or over; or
(b) Is a group, association, or corporation which is authorized to conduct business under the
laws of Alaska.
(Ord. 532)
prior to
Before ac ' applications to lea tidelands, the involved shall ha a first b
class ed for leasing by e City Council with e approval of th lanning and HE or
Comm sions, and their ava bility advertised in ewspaper of g eral circulation i the
once eac week for two (2) suc ssive weeks not les an thirty (30) s prior to the t
for the clos g of the acceptance o pplications, and tha 11 applications e available for
inspection at e City Hall offices. ( s. 532, 1802 -98)
11.20.050 Applications. C' 1 M�^Y
(a) All applications for lease of tidelands shall be filed with the Glerk -ol n forms provided by
— iirrr6r'ltenand available at City Hall which shall upon execution of the lease become part of the
lease document. Only forms completed in full and accompanied by a filing fee as set forth in the
City's schedule of fees adopted by the City Council will be accepted for filing. Filing fees are not
refundable.
(b) With every application, the applicant shall submit a development plan showing and
stating:
(1) The purpose of the proposed lease;
(2) The use, value, and nature of improvements to be constructed;
(3) The type of construction;
(4) Dates construction is estimated to commence and be completed;
(5) ether int ed use com�ties with the zoning�nance and co rehensiv Ian /ofe
Ci ;
(6) Describe by reference to the plat the area to be leased;
(7) A detailed financial plan showing ability to carry through with the development plan;
(8) A ormance of five pe nt (5 %) of the ect s estimate (whi nd
sha of excee y thousan Lars ($50,0 )), payable t City.
(Ords. 532, 2528 -2011)
11.20.060 Rights prior to leasing.
Neither the filing of an application for a lease nor the holding of a public hearing thereon
as provided below, shall give the applicant a right to a lease or to the use of the land applied for.
Any use not authorized by a lease shall constitute a trespass against the City. (Ord. 532)
11.20.070 Procedure.
(a) Planning and Zoning Commission. All lease applications shall be reviewed first by the
City of Kenai Planning and Zoning Commission to determine whether the contemplated use falls
within that permitted under the zoning ordinance.
(b) rbor Co ission. All le applica ons shall b eviewe y the H or CPI�
ssi
If the Co ission r considerin he lease plicatio etermin at a pub ' hearin orth
in the ection Belo that anyone ease will in the st interest of the Ci of Ken ',
C missi on ma make a reco mendatio to the ' y Council f applic along th a
odifications r conditions comme d by th Commissi
c) City Council. The City Council shall make the final determination of the selection of the
applicant based upon the Commission's recommendation and approve or reject the choice of
application made.
(Ords. 532, 1802 -98)
11.20.080 Public notice — Public hearing.
Notice of the lease application shall be published in a newspaper of general circulation
within the City not less than ten (10) or more than thirty (30) days prior to the date of public
hearing. The notice must contain the name of the applicant, a brief description of the land,
proposed use, term, and a declaration that the Commission will consider the lease to the
applicant on the basis of the applicant's agreement to operate a beneficial industry upon the
terms and conditions as set forth in its application which is available for public inspection at the
City Hall offices. The notice shall state the date upon which public hearing will be held before
the Commission for consideration of the application. (Ord. 532)
11.20.090 Selection of applicant.
After the hearing provided in KMC 11.20.080 above, the Commission may make its
A recommendation of the applicant to the City Council if in the Commission's opinion, on the basis
�\ of all the testimony presented, the award of the prospective lease will be advantageous to the
City and in the best interests of the public welfare, health, and safety. In the alternative, the
l�r Commission may elect to make no recommendation for any applicant giving its reasons therefor.
fission ma impose additional conditions upon the applicant
The decision of the Council shall be posted on the City Bulletin Board the day after the hearing
and remain posted for ten (10) days. (Ord. 532)
11.20.100 Appeal.
Any person disagreeing with the decision of the Council may appeal the decision by
filing suit in the Superior Court, Third Judicial District at Kenai, within ten (10) days from the
date of the posting of Council's decision. (Ord. 532)
11.20.110 Appraisal and survey of leased lands.
The applicant will furnish a survey and appraisal of the land in question prior to leasing.
Any resurveying or re- platting required will be the applicant's responsibility and expense. (Ords.
532,1282 -88)
11.20.120 The lease document — Terms.
Leases may be issued for a term of not less than two (2) years nor more than nicety -aim
years. The applicant shall state in his or her appli-
cation the term desired. In determining whether to grant a lease for the requested term, the
Council shall consider the nature, extent, and cost of the improvements which the applicant
agrees to construct thereon as a condition of the lease the time required to amortize the proposed
investment, the value of the applicant's pro-
posed use to the economy of the City and other relevant factors. The term of the lease may be
extended for a number of successive periods for a set number of years each as long as the
appropriate extensions and original term do not exceed years. (Ord. 532)
r
11.20.130 Appraisal.
No 1' shall be leased, or a renewal lease issued, unless the same has been appraised
within a kLx month eriod prior to the date fixed for beginning of the term of the lease or renewal
lease. No Ian-J'sB-aff1be leased for less than the approved, appraised annual rental, according to
the method as described in Section 11.20.150 below, except to State or Federal agencies or their
subdivisions if it is in the public interest to do so. Appraisals shall reflect the number and value
of City services rendered the land in question. (Ord. 532)
11.20.140 Review.
No leased land may be changed in use, nor may any renewal lease be issued until the
proposed use or renewal has been reviewed by the Planning Commission and approved by the
Council. (Ord. 532)
11.20.150 Annual minimum rental.
(a) Annual minimum rentals shall be computed from the approved appraised market value
utilizing the method as described in KMC 11.20.160(a). Annual minimum rental shall include:
(1) Taxes pertaining to the leasehold interest of the Lessee.
(2) Sales tax now enforced or levied in the future computed upon rent payable in
monthly installments whether rent is paid on a monthly or yearly basis.
(3) All taxes and assessments levied in the future by the City of Kenai, as if lessee
was considered the legal owner of record of the leased property.
(4) Interest at the rate of eight percent (8 %) per annum and ten percent (10 %)
penalties of any amount of money owed under this lease which is not paid on or before the date it
becomes due.
(5) All sales taxes due on payments under this lease and to all sales taxes applicable
to its operations.
(6) All special assessments for public improvements levied by the City of Kenai, as if
lessee were considered legal owner of leased property.
(b) Upon execution of the lease the lands demised become taxable to the extent of its
leasehold interest and lessee shall pay all real property taxes levied upon such leasehold interest
in these lands, that the City as part of the consideration of rental payments depends and relies
upon the payment by the lessee of said assessments and taxes as if he were the owner of said
demised land.
(c) Rent shall be paid annually in advance. Said payments shall be prorated to conform with
the City of Kenai's fiscal year beginning July 1 and ending June 30. If the equivalent monthly
payment exceeds $200, then the lessee shall have the option of making payments on a monthly
or quarterly basis.
(Ord. 532)
11.20.160 Principles and policy of lease rates.
(a) To insure a fair return, all leases for a period in excess of five (5) years shall include a
redetermination clause as of the fifth anniversary of each lease, normally set for the first of July
of that fifth year. In pursuing a fair return, all lands for lease shall be appraised prior to lease and
again prior to redetermination. Therefore, lease rates shall be based on: �d�.(( b f
ea Dz ; Gr J� �� Q i vW
(1) Fair market value of the land, including an appropriate consideration of facilities
and services available (public water, public sewer, storm sewers, pud'other public utilities) as
determined by a qualified independent appraiser, considering the best use of the specific Ind.
(2) $ The actual rate of return determined to be a fair return to the City shall be set at
e'kI.six percent V %) of fair market value. The appraisal shall not include structural improvements
made to the and or improvements made by way of gravel or other approved fill placed on the
land,.(Ord. 1631-9$) L, 4"A. f ct
(b) Re ing that investors, elopers, and er potential 1 ees ne reasona e
assuranc of stability in fu tur ease rates, the determinatio ause of ture ses � 611
includ the following Ian ge:
At each five ear interval, fair market va a shall be determi d by qualifi , independ
appraiser The redetermi lease rate ( ual rent) under thi provision, s 11 be limite to a
;afte fty p cent (50 %) inc ase in the prior ase rate until the irtieth -year niversary the lease
which the fifty rcent (50 %) ca provision shall n9 longer appl and the leas ate shal e
etenmined every ve years on th asis of fair marls t evaluation s determine in KM .20.080. /
(c) ity leases idelands existing a time of enactment of thjs chapter shall ave a
thirt ear perio determined from e date from ich the lease yas o/ngmall nter mto.
(d) Failure by the City to insist upon renegotiation at the end of any given five -year period
shall not constitute a waiver of the right of the City to insist upon renegotiation in any
subsequent year, provided that neither the City nor the lessee shall have the right to insist upon
renegotiation until five years shall have elapsed from the date the rental was last adjusted.
(Ord. 532)
11.20.170 Responsibility to properly locate.
It shall be the responsibility of the lessee to properly locate himself and his improvements
on the leased land. It shall be unlawful to encroach on other lands of the City or on lands owned
or leased by another. (Ord. 532)
11.20.180 Lease utilization.
Leased lands shall be utilized for purposes within the scope of the application, the terms
of the lease and in conformity with the ordinances of the City and Borough, and in substantial
conformity with the comprehensive plan. Utilization or development for other than the allowed
uses shall constitute a violation of the lease and subject the lease to cancellation at any rime.
Failure to substantially complete the development plan of the land within the specified time from
the date of execution of the lease, consistent with the proposed use and terms of the lease, shall
constitute grounds for cancellation. The lease shall set forth in detail with appropriate plans and
specifications the improvements to be made within the time period described above. (Ord. 532)
11.20.190 Subleasing.
-0
Leases may provide for subleasing a portion of the leased land without prior Council
approval. Subleases shall be in writing and be subject to the terms and conditions of the original
lease. No approval of the City shall be given to the sublease of property until the lessee has
substantially complied with the development plan. (Ord. 532)
11.20.200 Assignments.
Except for assignments for collateral purposes, no lessee may assign the lands leased to
—hiix without prior Council approval. The assignee shall be subject to all of the provisions of the
lease. Any attempted assignment made in violation of this section shall be void. Any assignment
requiring Council approval will not be unreasonably denied. (Ord. 532)
11.20.210 Modification.
No lease may be modified orally or in any manner other than by an agreement in writing,
signed by all parties in interest or their successors in interest. Any such modification shall require
Council approval.
11.20.220 Cancellation — Forfeiture.
(a) Leases in good standing may be canceled in whole, or in part, at any time upon mutual
written agreement by lessee and the City Council.
(b) Any lease used for an unlawful purpose may be canceled.
(c) If the lessee shall default in the performance or observance of any of the lease terms,
covenants, or stipulations thereto, or of the regulations now or hereafter in force, and should said
default continue for thirty (30) calendar days after service of written notice by the City without
remedy by lessee of the conditions warranting default, the City shall subject lessee to appropriate
legal action, including, but not limited to, forfeiture of the lease. No improvements may be
removed by lessee or other person during any time the lessee is in default. This provision shall
not be construed to prohibit the City from taking any appropriate legal action, including, but
limited to, forfeiture of the lease, immediately upon the occurrence of a default.
(Ord. 532)
11.20.230 Default —Right of entry.
Should default be made in the payment of any portion of the rent or fees when due or in
any of the covenants or conditions contained in the lease or in any regulations now or hereinafter
in force, then in such event the City shall give lessee thirty days after such written notice to cure
such default or defaults, after which if the default is not cured, the City may terminate the lease,
re -enter and take possession of the premises, remove all persons therefrom. (Ord. 532)
11.20.240 Notice or demand.
Any notice or demand which under the terms of a lease or under any statute must be
given or made by the parties thereto, shall be in writing and be given or made by registered or
certified mail, addressed to the other party at the address of record. However, either party may
designate in writing such new or other address to which such notice or demand shall thereafter be
so given, made or mailed. A notice given hereunder shall be deemed delivered when deposited in
a U.S. general or branch post office, enclosed in a registered or certified mail envelope,
addressed as hereinabove provided. (Ord. 532)
11.20.250 Financing — Rights of mortgages or lienholder.
(a) For the purpose of interim or permanent financing or refinancing from time to time of the
improvements to be placed upon the leased premises, and for no other purpose, a lessee, after
giving written notice thereof to the City, may encumber by mortgage, deed of trust, assignment,
or other appropriate instrument, the lessee's interest in the leased premises and in and to the
lease, provided such encumbrance pertains only to such leasehold interest and does not pertain to
or create any interest in the City's title to the leased premises. If such mortgage, deed of trust, or
assignment, shall be held by a bank or other established lending or financial institution (which
terms shall include an established insurance company and qualified pension or profit - sharing
trust), and such institution shall acquire the lessee's interest in such lease as a result of a sale
under said encumbrance pursuant to a foreclosure or other remedy of the secured party, or
through any transfer in lieu of foreclosure, or through settlement of or arising out of any pending
or contemplated foreclosure action, such lending institution shall have the privilege of
transferring its interest in such lease to a nominee or a wholly -owned subsidiary corporation with
the prior consent of the City, provided, however, such transferee shall assume all of the
covenants and conditions required to be performed by the lessee, whereupon such lending
institution shall be relieved of any further liability under such lease from and after such transfer.
Such lending institute for the nominee or wholly -owned subsidiary corporation to which it may
have transferred such lease, or any other lending institution which may at any time acquire such
lease, shall be relieved of any further liability under such lease from and after a transfer of such
lease.
(b) A leasehold mortgagee, beneficiary of a deed of trust, or security assignee, shall have and
be subrogated to any and all rights of the lessee with respect to the curing of any default
hereunder by lessee.
(c) If the holder of any such mortgage, beneficiary of any such deed of trust, or the security
assignee shall give the City before any default shall have occurred in the lease, a written notice
containing the name and post office address of such holder, the City shall thereafter give to such
holder a copy of each notice of default by the lessee at the same time as any notice of default
shall be given by the City to the lessee, and the City will not thereafter accept any surrender or
enter into any modification of this lease without the prior written consent of the holder of any
first mortgage, beneficial interest under a first deed of trust, or security assignee, in this lease.
(d) If, by reason of any default of the lessee, either this lease or any extension thereof shall
be terminated at the election of the City prior to the stated expiration therefor, the City will enter
into a new lease with the leasehold mortgagee for the remainder of the term, effective as of the
date of such termination, at the rent and additional rent, and on the terms herein contained,
subject to the following conditions:
(1) Such mortgagee, beneficiary, or security assignee, shall make written request to
the City for such new lease within twenty days after the date of such termination and such
written request shall be accompanied by a payment to the City of all sums then due to the City
under the lease.
(2) Such mortgagee, beneficiary, or security assignee, shall pay to the City, at the
time of the execution and delivery of such new lease, any and all sums due thereunder in addition
to those which would at the time of the execution and delivery thereof be due under this lease;
but for such termination and in addition thereto, any reasonable expenses, including legal and
attorney's fees, to which the City shall have been subjected by reason of such default.
(3) Such mortgagee, beneficiary, or security assignee shall, on or before the execution
and delivery of such new lease, perform all the other conditions required to be performed by the
lessee to the extent that the lessee shall have failed to perform such conditions.
(e) If a lending institution or its nominee or wholly -owned subsidiary corporation shall hold
a mortgage, deed of trust, or similar security interest in and to this lease and shall thereafter
acquire a leasehold estate, derived either from such instruments or from the City, and if such
institution, nominee, or corporation shall desire to assign this lease or any new lease obtained
from the City (other than to a nominee or to a wholly -owned subsidiary corporation as permitted
by the above provisions) to an assignee who will undertake to perform and observe the
conditions in such lease required to be performed by the lessee, the City shall not unreasonably
withhold its consent to such assignment and assumption, and any such lending institution,
nominee, or subsidiary shall be relieved of any further liability under such lease from and after
such assignment. If the proposed assignor shall assert that the City in unreasonably withholding
its consent to any such proposed assignment, such dispute shall be resolved by arbitration.
(Ord. 532)
11.20.260 Entry and re-entry.
In the event that the lease should be terminated as hereinbefore provided by summary
proceedings or otherwise, or in the event that the demised lands or any part thereof should be
abandoned by the lessee during the said term, the lessor or its agents, servants, or representatives
may, immediately or any time thereafter, re -enter and resume possession of said lands or such
part thereof, and remove all persons and property therefrom, either summary proceedings or by a
suitable action or proceeding at law without being liable for any damages therefor. No re -entry
by the lessor shall be deemed an acceptance of a surrender of the lease. (Ord. 532)
11.20.270 Re- lease, CAN
In the even that a lease should be enninated as herein provided, or by summary
proceedings, or otherwise, th may offer said lands for lease or other appropriate
disposal, mirsu�us, rlm�rovisions of this or ' / rd 532)
11.20.280 Forfeiture of rental.
In the event that the lease should be terminated because of any breach by the lessee as
herein provided, the annual rental payment last made by the lessee shall be forfeited and retained
by the lessor as partial or total liquidated damages for said breach. (Ord. 532)
11.20.290 Right of inspection.
City shall have the right at all reasonable times to enter the premises, or any part thereof,
for the purposes of inspection. (Ord. 532)
11.20.300 Easement grants reserved.
City reserves the right to grant and control easements in, or above the land leased. No
such grant or easement will be made that will unreasonably interfere with the lessee's use of the
land, and lessee shall have free access and use of any and all parking and loading rights, rights of
ingress and egress now or hereafter appertaining to the leased premises. (Ord. 532)
11.20.310 Lease subordinate to financing requirements.
Lessee agrees that City may modify the lease to meet revised requirements for Federal or
State grants, or to conform to the requirements of any revenue bond covenant. However, the
modification shall not act to reduce the rights or privileges granted the lessee by this lease, nor
act to cause the lessee financial loss. (Ord. 532)
11.20.320 Written waiver.
The receipt of rent by the lessor with knowledge of any breach of the lease by the lessee,
or any default on the part of the lessee in observance or performance of any of the conditions or
covenants of the lease, shall not be deemed to be a waiver of any provisions of the lease. No
failure on the part of the lessor to enforce any covenant or provision therein contained, nor any
waiver of any right thereunder by the lessor, unless in writing, shall discharge or invalidate such
covenants or provisions, or affect the right of the lessor to enforce the same in the event of any
subsequent breach or default. The receipt, by the lessor, of any rent or any other sum of money
after the termination, in any manner, of the term therein demised, or after the giving by the lessor
of any notice thereunder to effect such termination, shall not reinstate, continue, or extend the
resultant term therein demised, destroy, or in any manner impair the efficacy of any such notice
or termination as may have been given thereunder by the lessor to the lessee prior to the receipt
of any such sum of money or other consideration, unless so agreed to in writing and signed by
the lessor. (Ord. 532)
11.20.330 Surrender on termination.
(a) Lessee shall, on the last day of the term of this lease or upon any earlier termination of
this lease, surrender and deliver up the premises into the possession and use of City without
fraud or delay in good order, condition, and repair, except for reasonable wear and tear since the
last necessary repair, replacement, restoration, or renewal, free and clear of all lettings and
occupancies unless expressly permitted by City in writing, and free and clear of all liens and
encumbrances other than those created by City for loans to the City.
(b) Upon the end of the term of this lease or any earlier termination thereof, title to the
buildings, improvements, and building equipment shall automatically vest in the City without
requirement of any deed, conveyance, or bill of sale document in confirmation hereof, lessee
shall execute, acknowledge, and deliver the same and shall pay any charge, tax, and fee asserted
or imposed by any and all governmental units in connection therewith.
(Ord. 532)
11.20.340 Sanitation.
The lessee shall comply with all regulations or ordinances of the City which are
promulgated for the promotion of sanitation. The premises of the lease shall be kept in a neat,
clean, and sanitary condition, and every effort shall be made to prevent the pollution of water.
(Ord. 532)
11.20.350 Building and zoning codes.
Leased lands shall be utilized in accordance with the building and zoning ordinances and
rules and regulations of said authority. Failure to do so shall constitute a violation of the lease.
(Ord. 532)
11.20.360 Rules.
(a) The lessee shall observe, obey, and comply with all applicable rules, etc., of the State or
Federal governments.
(b) City reserves the right to adopt, amend, and enforce reasonable rules and regulations
governing the demised premises and the public areas and facilities used in connection therewith.
Except in cases of emergency, no rule or regulation hereafter adopted or amended by the City
shall become applicable unless it has been given thirty days notice of adoption or amendment
thereof.
(c) Lessee, in the conduct of its operations on the demised premises, shall observe, obey, and
comply with any and all applicable rules, regulations, laws, ordinances, or orders of any
governmental authority, federal or state, lawfully exercising authority over lessee or lessee's
conduct of its business.
(d) City shall not be liable to lessee for any diminution or deprivation of possession, or of its
rights hereunder, on account of the exercise of any such right or authority as in this section
provided, nor shall lessee be entitled to terminate the whole or any portion of the leasehold estate
herein created, by reason of the exercise of such rights or authority, unless the exercise thereof
shall so interfere with lessee's use and occupancy of the leasehold estate as to constitute a
termination in whole or in part of this lease by operation of law in accordance with the laws of
the State of Alaska and of the United States made applicable to the states.
(Ord. 532)
11.20.370 Aircraft operations protected.
(a) The City shall reserve to itself its successors and assigns, for the use and benefit of the
public, a right of flight for the passage of aircraft in the airspace above the surface and all
improvements approved by the City of the premises conveyed, together with the right to cause in
said airspace such noise as may be inherent in the operation of aircraft, now or hereafter used for
navigation of or flight in the air, using said airspace of landing at, taking off from, or operating
on the Kenai Airport. (When plans for improvements are approved by the City, the City to the
extent of those improvements releases the easements here expressed.)
(b) The lessee by accepting conveyance expressly agrees for itself, its representatives,
successors, and assigns, that it will not erect nor permit the erection of any structure or object, on
the and conveyed, which would be an airport obstruction within the standards established under
the Federal Aviation Administration Regulations, Part 77, as amended. In the event the aforesaid
covenant is breached, the City reserves the right to enter on the land conveyed hereunder and to
remove the offending structure or object, all of which shall be at the expense of the lessee or its
heirs, successors, or assigns.
(Ord. 532)
11.20.380 Right to enjoyment and peaceable possession.
The City shall agree and covenant that the lessee, upon paying rent and performing other
covenants, terms, and conditions of this lease, shall have the right to quietly and peacefully hold,
use, occupy, and enjoy the said leased premises, except that any inconvenience caused by public
works projects in or about the leasehold premises shall not be construed as a denial of the right of
quiet or peaceable possession. (Ord. 532)
11.20.390 Lessee to pay taxes.
Lessee shall pay all lawful taxes and assessments which, during the term thereof may
become a lien upon or which may be levied by the State, Borough, City, or any other tax - levying
body, upon any taxable possessory right which lessee may have in or to the reason of its use or
occupancy, provided, however, that nothing herein contained shall prevent lessee from
contesting as any other land owner any increase in such tax or assessment through procedures
outlined in State statutes. (Ord. 532)
11.20.400 No partnership or joint venture created.
The City shall not be construed or held to be a partner or joint venturer of lessee in the
conduct of business on the demised premises; and it is expressly understood and agreed that the
relationship between the parties thereto is, and shall at all times remain that of landlord and
tenant. (Ord. 532)
11.20.410 Default bankruptcy.
If the lessee shall make any assignment for the benefit of creditors or shall be adjudged a
bankrupt, or if a receiver is appointed for the lessee or lessee's assets, or any interest under this
lease, and if the appointment of the receiver is not vacated within thirty days, or if a voluntary
petition is filed under Section 18(a) of the Bankruptcy Act by the lessee, then and in any event,
the City may, upon giving the lessee thirty days' notice, terminate this lease. (Ord. 532)
11.20.420 Nondiscrimination.
The lessee, for himself, his heirs, personal representatives, successors in interest, and
assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant
running with the land, that:
(a) No person on the grounds of race, color, or national origin shall be excluded from
participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of
said facilities.
(b) In the construction of any improvements on, over, or under such land and the famishing
of services thereon, no person on the grounds of race, color, or national origin shall be excluded
from participation, denied the benefits of, or otherwise be subjected to discrimination.
(c) The lessee shall use the premises in compliance with all other requirements imposed by
or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A,
Office of the Secretary, Part 21, Nondiscrimination in Federally- assisted Programs of the
Department of Transportation — Effectuation of Title VI of the Civil Rights Act of 1964, and as
said regulations may be amended.
(d) In the event facilities are constructed, maintained, or otherwise operated on the said
property described in this lease, for a purpose involving the provision of similar services or
benefits, the lessee shall maintain and operate such facilities and services in compliance with all
other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -
Assisted Programs of the Department of Transportation — Effectuation of Title VI of the Civil
Rights Act of 1964, and as said Regulations may be amended.
(Ord. 532)
11.20.430 Partial invalidity.
If any term, provision, condition, or part of the lease is declared by a court of competent
jurisdiction to be invalid or unconstitutional, the remaining terms, provisions, conditions, or parts
shall continue in full force and effect as though such declaration was not made. (Ord. 532)
11.20.440 Parole modifications.
It shall be mutually understood and agreed between the parties that the agreement, as
written, shall cover all the agreements and stipulations between the parties; and no
representations, oral or written, have been modifying, adding to, or changing the terms thereof.
(Ord. 532)
11.20.450 Amendment of lease.
Notwithstanding anything to the contrary, in order to aid the lessee in the financing of the
improvements to be situated herein, the City shall agree that in the event the proposed
mortgagee, beneficiary or security assignee under any interim or permanent loan on the security
of the leasehold interest of the lessee and the improvements to be situated thereon so requires,
the City will make a reasonable effort to amend this lease in order to satisfy such requirements
upon the express condition and understanding, however, that such variance in language will not
materially prejudice the City's rights thereunder nor be such as to alter in any way the rental
obligations of the lessee hereunder nor its obligations to comply with all existing laws and
regulations of the City relating to the leasing of airport lands, and to all applicable Federal
statutes, rules, and regulations, and all covenants and conditions of the deed by which the City
holds title to the land. (Ord. 532)
11.20.460 Compliance with laws.
(a) Lessee shall comply with all applicable laws, ordinances, and regulations of public
authorities now or hereafter in any manner affecting the leased premises or the sidewalks, alleys,
streets, and way adjacent thereto or any buildings, structures, fixtures, and improvements or the
use thereof, whether or not any such laws, ordinances, and regulations which may be hereafter
enacted involve a change of policy on the part of the governmental body enacting the same.
Lessee agrees to hold City financially harmless from the following:
(1) From the consequences of any violation of such laws, ordinances, and/or
regulations.
(2) From all claims for damages on account of injuries, death, or property damage
resulting from such violation.
(b) Lessee further agrees it will not permit any unlawful occupation, business, or trade to be
conducted on said premises or any use to be made thereof contrary to any law, ordinance, or
regulation as aforesaid with respect thereto.
(Ord. 532)
11.20.470 Care of premises.
Lessee, at its own cost and expense, shall keep the leased premises, all improvements
which at any time during the tern of this lease may be situated thereon, and any and all
appurtenances thereunto belonging, in good condition and repair, during the entre tern of this
lease. (Ord. 532)
11.20.480 Lessee's obligation to remove liens.
Lessee will not permit any liens including, but not limited to, mechanics', laborers', or
material -men's liens obtainable or available under the then existing laws, to stand against the
leased premises or improvements for any labor or material furnished to lessee or claimed to have
been furnished to lessee or to lessee's agents, contractors, or sublessees, in connection with work
of any character performed or claimed to have been performed on said premises or
improvements by or at the direction or sufferance of lessee, provided, however, lessee shall have
the right to provide a bond as contemplated by Alaska law and contest the validity or amount of
any such lien or claimed lien. On final determination of such lien or such claim for lien, lessee
will immediately pay any judgment rendered with all proper costs and charges and shall have
such lien released or judgment satisfied at lessee's own expense. (Ord. 532)
11.20.490 Condemnation.
In the event the leased premises or any part thereof shall be condemned and taken for a
public or a quasi - public use, then upon payment of any award or compensation arising from such
condemnation, there shall be such division of the proceeds, such abatement in rent payable
during the term or any extension of the term hereof, and such other adjustments as the parties
may agree upon as being just and equitable under all the circumstances. If the City and lessee are
unable to agree within thirty days after such an award has been paid into court, upon what
division, annual abatement in rent, and other adjustments are just and equitable, the dispute shall
be determined by arbitration provided in KMC 11.20.670 hereof. (Ord. 532)
11.20.500 Protection of subtenants.
To protect the position of any subtenant(s) hereafter properly obtaining any interests in
the leasehold estate granted lessee hereunder, the City agrees that in the event of the cancellation,
termination, expiration, or surrender of this lease (the ground lease), the City will accept the
subtenant, its successors and assigns, as its lessee for a period equal to the full elapsed portion of
the term of the sublease, including any extensions or renewals thereof not exceeding the term of
this lease, upon the same covenants and conditions therein contained, to the extent that said
covenants and conditions are not inconsistent with any of the terms and conditions of this lease,
provided such subtenant shall make full and complete attornment to the City for the balance of
the term of such sublease so as to establish direct privity of estate and contract between the City
and the subtenant with the same force and effect as though such sublease was originally made
directly between the City and such subtenant; and further provided such subtenant agrees to
comply with all the provisions of the ground lease and all the terms of any mortgage, deed of
trust, or security assignment to which such leasehold estate is subject, except the payment of rent
under the ground lease and the payment of any debt service under any such mortgage, deed of
trust, or security assignment. (Ord. 532)
11.20.510 Successors in interest.
This lease shall be binding upon and shall inure to the benefit of the respective successors
and assigns of the parties hereto, subject to such specific limitations or assignment as are
provided for herein. (Ord. 532)
11.20.520 Governing law.
The indenture of lease shall be governed in all respects by the laws of the State of Alaska.
(Ord. 532)
11.20.530 Notices.
(a) Any notices required by the lease shall be in writing and shall be deemed to be duly given
only if delivered personally or mailed by certified or registered mail in a prepaid envelope
addressed as follows:
To City: /City Hall —City of Kenai
�o I tv F- �A70 &L,
Kenai, Alaska 99611
To Tenant:
(b) The City shall also mail a copy of any notice given to the lessee, by registered or certified
mail, to any leasehold lender (mortgagee, beneficiary of a deed of trust, security assignee) who
shall have given the City notice of such mortgage, deed of trust, or security assignment.
(c) Any such addresses may be changed by an appropriate notice in writing to all other
parties affected provided such change of address is given to the other parties by the means
outlined in paragraph (a) above at least fifteen days prior to the giving of the particular notice in
issue.
(Ord. 532)
11.20.540 Fire protection.
The lessee will take all reasonable precaution to prevent and take all necessary action to
suppress destructive or uncontrolled grass, brush, or other fires on leased lands, and comply with
all laws, regulations, and rules promulgated and enforced by the City for fire protection within
the area wherein the leased premises are located. (Ord. 532)
11.20.550 Inspection.
The lessee shall allow authorized representatives of the City to enter the leased land for
inspection at any reasonable time. (Ord. 532)
11.20.560 Personal use of materials.
All coal, oil, gas, and other minerals and all deposits of stone or gravel valuable for
extraction or utilization and all materials subject to Title II, Division I, Chapters 4, 5, and 6 of the
Alaska Administrative Code are excepted from the operation of a surface lease. Specifically, the
lessee of the surface rights shall not sell or remove for use elsewhere any timber, stone, gravel,
peat moss, topsoil, or any other material valuable for building or commercial purposes; provided,
however, that material required for the development of the leasehold may be used if its use is
first approved by the City. (Ord. 532)
11.20.570 Restrictions and reservations.
The lease shall contain such restrictions and reservations as are necessary to protect the
public interest. (Ord. 532)
11.20.580 Waste and injury to land.
If any person shall commit waste, trespass, or other injury upon City land, the person so
offending, in addition to being civilly liable for any damages caused, shall be deemed guilty of a
violation. (Ord. 532, Ord. 1858 -2000)
11.20.590 Warranty.
The City does not warrant by its classification or leasing of land that the land is ideally
suited for the use authorized under said classification or lease, and no guaranty is given or
implied that it shall be profitable to employ land to said use. City bears no responsibility for any
water erosion of land. (Ord. 532)
11.20.600 Approval of other authorities.
The issuance by the City of leases does not relieve the grantee or lessee of responsibility
of obtaining licenses or permits as may be required by duly authorized Borough, State, or
Federal agencies. (Ord. 532)
11.20.610 Title restrictions.
All leases or sales of property shall be made subject to restrictions and reservations in the
patent, deed, or other instrument under which the City holds. (Ord. 53 2)
11.20.620 Insurance —Hold harmless.
Lessee shall covenant to save the City harmless from all actions, suits, liabilities, or
damages resulting from or arising out of any acts of commission or omission by the lessee, his
agents, employees, customers, invitees, or arising from or out of the lessee's occupation, or use
of the premises demised, or privileges granted, and to pay all costs connected therewith. In this
connection, the lessee shall agree to arrange and pay for all the following:
(a) Public liability insurance protecting both the City and/or its agents and the lessee, such
insurance to be evidenced by a certificate showing the insurance in force. The amount of such
public liability insurance shall have limits not less than those known as
$250,000/$500,000 /$100,000.
(b) Liquor liability (where applicable).
(c) Lessee agrees to carry employer's liability insurance and Workmen's Compensation
Insurance, and to fumish a certificate thereof to the City, if applicable.
(d) Insurance contracts providing liability insurance and Workmen's Compensation shall
provide for not less than thirty days written notice to the City of cancellation or expiration or
substantial change in policy conditions and coverage.
(e) Lessee agrees that waiver of subrogation against the City shall be requested of lessee's
insurer, and shall be provided at no cost to the City.
(f) Cross Liability: It is understood and agreed that the insurance afforded by this policy or
policies for more than one named insured, shall not operate to increase the limits of the
company's liability, but otherwise shall not operate to limit or void the coverage of any one
named insured as respects claims against the same named insured or employees of such other
named insured.
(g) The insurance procured by the lessee as herein required shall be issued in the name of the
lessee and the City by a company licensed to do business in the State of Alaska, and shall contain
endorsements that:
(1) Such insurance may not be canceled or amended with respect to the City without
thirty days written notice by registered or certified mail to the City by the insurance company.
(2) Lessee shall be solely responsible for payment of premiums and that City shall
not be required to pay any premiums for such insurance.
(h) The amount of insurance coverage required above may be subject to review for increase
at each five -year renegotiation of the lease.
(i) Upon review by the C C1. lessee may be required to obtain such other
insurance protecting the City and lessee that may be necessarily required or advisable owing to
the particularities of the harbor- related activities on the lease -hold interest.
(Ord. 532)
11.20.630 Insurance of users — Subtenants.
Lessee, for its own protection, may require bona fide public users and subtenants to
execute agreements holding lessee harmless from actions arising out of user's operations and
may require such bona fide public users and subtenants to show proof of public liability
insurance covering their operations on the demised premises in such amounts as will adequately
protect them. (Ord. 532)
11.20.640 Annual report.
The lessee may be required to submit to the City each year on or about March 15, an
annual report on its operations, particularly those services and facilities offered to the public,
whether on a fee or non -fee basis. (Ord. 532)
11.20.650 Tidelands claims. oU
i
The City shall lease the subject land subject to any preference rights claims made
pursuant to the provisions of Alaska State 38.05.320 or Ordinance No. 455 -78, dated September)
5, 1979 of the City of Kenai, adopted pursuant thereto, and the lessee holds lessor harmless for. /
any damages, legal expenses, or compensation necessitated by the resolution or satisfaction of
said claims, if any. (Ord. 532)
11.20.660 Subjection to harbor ordinance.
All leases are subject to the terms, conditions, and regulations imposed by Title II,
Harbor and Harbor Facilities, of the 1979 Kenai Code of ordinances as amended of which this
section is part. (Ord. 532)
11.20.670 Arbitration.
In the event the City and lessee shall be unable to agree as to any matter provided for in
the lease except as to the amount of the five -year rent redetermination amount which is handled
pursuant to KMC 11.20.160, such dispute shall be determined by three disinterested arbitrators
(unless the parties can agree on one arbitrator). Such arbitration shall be conducted upon request
of either the City or the lessee, before three arbitrators (unless the City or the lessee agree to one
arbitrator) designated by the American Arbitration Association and in accordance with the rules
of such Association. The arbitrators designated and acting under this lease shall have no power to
depart from or change any of the provisions thereof. The expense of arbitration proceedings
conducted hereunder shall be borne equally by the parties. The proceedings shall take place in
Kenai, Alaska unless otherwise agreed upon by the parties. (Ord. 532)
11.20.680 Provisions regulating public use purpose.
The City Council realizes that only a limited area of tidelands bordering navigable waters
are available within the City of Kenai and which are owned by the City of Kenai. It would be in
the public interest to insure that these lands do not pass out of community control at least to the
extent that the public would not be deprived of harbor services at reasonable rates in the future.
Therefore, areas of City -owned tidelands which are developable for the bona fide public
purposes as enumerated below shall be leased only with the following covenants defined to
insure public use and access at reasonable rates. (Ord. 532)
11.20.690 Provision to be included in public use lease.
The following provision shall be included in leases where harbor facilities are constructed
to be utilized all or in part for bona fide public uses. (Ord. 532)
11.20.700 Public use: defined.
(a) Public use shall mean a use limited in part or in whole to the following:
(1) In general, the lessee may use the demised premises or part thereof for any of the
following purposes only:
(i) Public dock facilities.
(ii) Maritime commerce.
(iii) Transportation.
(iv) Fishing.
(v) Boat harbor.
(vi) Port and waterfront development purposes.
(b) Before lessee may conduct any activities which fall under this general criteria, but are not
specifically mentioned above, lessee must obtain written consent of the City.
(Ord. 532)
11.20.710 Controlled access.
Lessee, for its own protection, may construct or install fences, gates, or other types of
barriers to restrict access to portions of the demised premises that are not designated for a public
use and may provide reasonable controls for access to public use areas to allow for security for
such areas while insuring reasonable public access. Reasonable public access includes
accommodations made for fishing operations during fishing season. (Ord. 532)
c��
11.20.720 Use charges.
Lessee shall make reasonable and no - discriminatory charges to the public for use of any
of its facilities. It is expressly recognized th t lessee is entitled to a margin of profit, which
should be fair, reasonable, and competitive and that City will cooperate to this end in
considering rates and fees. TheernnnTissidn shall review all rate structures annually. The lease
shall contain an arbitration provision as set forth in KMC 11.20.670 to resolve disputes arising
hereunder. (Ord. 532)
11.20.730 Maintenance of dock.
Lessee covenants that it will maintain the dock facility in a safe condition and in
accordance with applicable state and federal standards. (Ord. 532)
11.20.740 Modifications of existing leases.
Leases shall only be modified to that extent deemed to be necessary to protect the
public's interest. (Ord. 532)
11.20.750 Unauthorized removal of material prohibited.
Any person, firm, or corporation who without written authority from the City removes
rock, gravel, or other material from the lands owned by the City without the express consent of
the City shall be deemed guilty of a violation. Any criminal action taken against such person
shall not preclude the
institution of civil proceedings by the City. (Ords. 532, 1858 -2000)
11.20.760 Removal not authorized by lease.
No deed or lease granted by the City to any person shall contain terms or be construed as
granting any right to remove material from City lands. (Ord. 532)
11.20.770 Disposition of rights by Council.
In recognition that conditions may exist from time to time whereby use of such lands and
the material comprising the same may be beneficial to the public interest and promote the
progress and development of the City, applications for the use thereof may be received and
considered by the Commission, providing such applications fully disclose to the City all material
facts and plans for the proposed use. Such applications shall be consistent with the
comprehensive plan of the City and referred to the City Planning Commission for its
recommendations. Disposition of such applications shall be made by the Council after
recommendation from the Commission. (Ord. 532)
11.20.780 Penalties.
(a) It is unlawful for any person to violate any of the provisions of this chapter and upon
conviction thereof shall be fined as provided for violations in KMC 13.05.010. Each day such
violation is committed or permitted to continue shall constitute a separate offense and shall be
punishable as such hereunder.
(b) In addition to or as an alternative to the above penalty provision, the City may impose a
civil penalty in an amount as provided by KMC 13.05.010 per day for the violation of any provision
of this chapter and seek injunctive relief for any infraction thereof for which the offending party will
be charged for reasonable attorney's fees and costs incurred by the City as awarded by the court.
(c) Nothing in this section shall be deemed to restrict the City's exercise of any of its rights
pursuant to the lease agreement including those enumerated in KMC 11.20.220 and KMC 11.20.240
hereof.
(Ords. 532, 1240)
11.20.790 Tideland leases for shore fisheries.
(a) The annual minimum rental rate for tideland leases used primarily for shore fisheries
shall be an annual fee as set forth in the City's schedule of fees adopted by the City Council.
However, should the State of Alaska set an annual lease rate higher than that established by the City
for similar tideland leases for shore fisheries on land owned by the State, the City may amend the
annual rental to a rate equal to that charged by the State of Alaska. Any money owed pursuant to
KMC 11.20.150 shall be in addition to the annual minimum set forth above.
(b) Neither KMC 11.20.160 nor KMC 11.20.620(a) shall apply to tideland leases for shore
fisheries.
(c) The provisions of KMC 11.20.110 and KMC 11.20.130 requiring appraisals of tideland
property shall not apply to leases of tidelands for shore fisheries. However, the survey provisions of
KMC 11.20.110 are applicable to shore fishery leases.
(Ords. 1632 -95, 2528 -2011)