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HomeMy WebLinkAboutRes1981-036 r I I I I 8/18/81 JES: jes CITY OF SEWARD, ALASKA RESOLUTION NO. 81-36 A RESOLUTION REGARDING THE RESPONSIBILITIES AND PARAMETERS OF THE KENAI PENINSULA BOROUGH ASSEMBLY WHEREAS, Title 29.33 of the Alaska Statutes specifically addresses the powers and duties of borough governments within the State of Alaska, and WHEREAS, those powers and duties which are to be exercised by the borough governments on an areawide basis are cited as taxation; planning, platting and zoning; other powers may be obtained only by transfer from a city or by holding an areawide election on the issue, pursuant to AS 29.33.250, and WHEREAS, the Kenai Peninsula Borough attorney is hired with Borough monies to represent the Borough and to advise the Assembly on legal issues, thereby attempting to lessen the Borough's exposure to 'litigation, and WHEREAS, in recent months the Kenai Peninsula Borough Assembly has acted upon issues which appear clearly outside the realm of Borough powers., and WHEREAS, further, the Borough Assembly has not followed the advice of retained legal counsel and, thus, has spent taxpayer's dollars in litigation on issues which should not have been addressed by the Assembly, and WHEREAS, the Seward City Council has been presented with a petition signed by local residents, objecting to the Borough's apparent expansion of its jurisdiction into areas involving personal privacy and adopting ordinances in obvious conflict with court rulings and/or State and Federal statutes, and WHEREAS, the Seward City Council supports the views as expressed by the local citizens regarding the Kenai Peninsula Borough's consideration of issues outside the purview of the Borough's powers; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that support is given the Kenai Peninsula Borough Assembly for acting within the scope of powers and duties as granted it by the State of Alaska; however, the City Council objects to the Borough Assembly attempting to expand its jurisdiction by considering issues beyond the realm granted by the State. AND, BE IT FURTHER RESOLVED that the City Council objects to the Borough Assembly overriding the considered opinion of its legal counsel and expending taxpayer's dollars to defend legislation which would not have been enacted had the Borough Attorney's advise been followed. t City of Seward, Alaska Resolution No. 81-36 Page Two PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 24th day of August , 1981. AYES: NOES: ABSENT: CITY OF SEWARD, ALASKA d./~Hu2 j '" CAMPBELL, HUGLI AND NONE CRIPPS, GILLESPIE, O'BaIEN AND SWARTZ SORIANO ATTEST: (Ci ty Seal) APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN Attorneys for the City of Seward, Alaska ~ f1f~ Fred B. Arv~dson