HomeMy WebLinkAboutOrd1996-018
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Sponsored by: Garzini
Introduction Date: June 24 1996
Public Hearing Date: July 8 1996
CITY OF SEWARD, ALASKA
ORDINANCE NO. 26.:.lB
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA AMENDING TITLE 6 PURCHASING, CONTRACTS AND
PROFESSIONAL SERVICES, TO ESTABLISH REQUIREMENTS FOR
CONTRACTORS AND VENDORS TO BE IN COMPLIANCE WITH KENAI
PENINSULA BOROUGH TAX PROVISIONS AND CITY OF SEWARD
UTILITY, OTHER FEE PROVISIONS AND CITY BUSINESS LICENSE
WHEREAS, real and personal property taxes apply to all business-owned real and
personal property; and
WHEREAS, sales taxes are required to be collected and subsequently remitted to the
Kenai Peninsula Borough by all businesses with retail goods or services; and
WHEREAS, a portion of such taxes are collected by the Kenai Peninsula Borough for the
City of Seward; and
WHEREAS, the City provides water, sewer and power for business needs through a
public utility enterprise system; and
WHEREAS, the City requires all businesses conducting business within the City to obtain
a City business license; and
WHEREAS, the City, from time to time, contracts for goods or services with businesses
or individuals who are found to be delinquent in either real property taxes, personal property
taxes, sales taxes, utility payments, other City fees and the City business license; and
WHEREAS, these contracts are frequently paid with tax dollars collected from other
businesses and individuals who comply with Borough and City Code provisions regarding taxes,
utilities, other fees and the City business license; and
WHEREAS, it is imprudent for the City to contract with businesses or individuals who
do not comply with the City of Seward and/or Kenai Peninsula Borough Code of Ordinances in
the areas of taxes, utilities, other fees and City business license.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, HEREBY ORDAINS that:
CITY OF SEWARD, ALASKA
ORDINANCE NO. 2Q:l8.
Section 1. That Chapter 6.01 of the Seward City Code is hereby amended by adding new
Section 6.01.050 as follows:
6.01.050 Contractor delinflUenc.y in certain Dayments.
A. The city shall not award a contract or purchase order to any person
who then is delinquent in paying (1) any tax levied by the city or the Kenai
Peninsula Borough, (ii) any special assessment levied by the city, (iii) any charge
for city utility or harbor services, or (iv) any city business license fee, unless the
person cures the delinquency within 10 days after the mailing of written notice
thereof
B. The city may terminate any contract or purchase order if the
contractor becomes delinquent in payment of any of the items listed in subsection
A of this section, unless the contractor cures the delinquency within 10 days after
mailing of written notice thereof
C. The city may deduct from any amount due the contractor under any
contract or purchase order an amount equal to the total of all delinquent amounts
that the contractor owes for (1) taxes levied by the city or the Kenai Peninsula
Borough, (ii) special assessments levied by the city, (iii) charges for city utility or
harbor services, and (iv) the city business license fee.
D. Subsections Band C of this section shall be deemed to be
incorporated in every city contract and purchase order that is executed after the
effective date of this section.
E. Nothing in this section shall prevent any person from paying under
protest any tax, special assessment, utility or harbor charge, or business license
fee, or pursuing appropriate judicial or administrative action to contest or recover
any such tax, assessment, charge or fee.
Section 2. This ordinance shall take effect ten (10) days following its enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this
8th day of July, 1996.
THE CITY OF SEWARD, ALASKA
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CITY OF SEWARD, ALASKA
ORDINANCE NO. 26=.l8.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Anderson, Bencardino, Crane, Deeter, Sieminski
King
Keil
None
APPROVED AS TO FORM:
Wohlforth, Argetsinger, Johnson & Brecht,
Attorneys for the city of Seward, Alaska
~(~
City Attorney
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