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