Introduced by: Brown

Date: 2/21/95

Hearing: 3/21/95

Action: Defeated

Vote: 3 Yes, 4 No

KENAI PENINSULA BOROUGH

ORDINANCE 95-07

AN ORDINANCE AMENDING THE REQUIREMENTS FOR

LEGAL ADVERTISING SET FORTH AT KPB 5.08.060

WHEREAS, the Assembly enacted Kenai Peninsula Borough Code of Ordinance ("KPB") 5.08.060 to provide, among other things, the requirements for a newspaper to qualify for publishing legal advertising; and

WHEREAS,at the time KPB 5.08.060 was enacted there were few newspapers that had been around a sufficient amount of time to establish the necessary reputation for reliability and longevity; and

WHEREAS,since that time these newspapers have so established themselves; and

WHEREAS,the entities affected by this ordinance will be the various newspapers located within the Borough; and

WHEREAS,no administrative costs will be incurred as a result of passage of this ordinance;

NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH:

SECTION 1.That KPB 5.08.060 is repealed and re-enacted to read:

5.08.060. Legal advertising.

A. All legal notices and advertising published on behalf of the Kenai Peninsula Borough must be ordered by purchase order duly authorized, in accordance with the borough purchasing procedures.

B. Every legal notice or other advertisement pertaining only to the central peninsula area will be placed in a weekly or daily newspaper of general circulation located in that area. Legal advertising that pertains only to the Homer area will be published in a newspaper of general circulation located in the Homer area; and legal advertisements pertaining to the Seward area will be published in a newspaper of general circulation located in the Seward area. Legal advertising that pertains especially to Homer and Seward areas shall be included in a local newspaper of general circulation in the borough, either for broader coverage of interested persons, or in the event that Homer and Seward do not have a local newspaper.

C. Legal advertising of borough-wide significance will be published in a newspaper of general circulation within the borough.

D. A newspaper of general circulation is defined as a publication that:

1. is published in newspaper format;

2. is distributed at least once a week for at least 50 weeks each year within the affected area as designated in this subsection B and C of the section, excluding a period when publication is interrupted by a labor dispute or by a natural disaster or other casualty that the publisher cannot control; and has a total circulation or distribution of at least 500 copies, or 10 percent of the total population of the affected area as designated by subsections B and C of this section, whichever is less;

3. Has been in business for at least one year and has demonstrated the ability to be a solid and viable source of distributing news and information to the majority of the population in the area which the advertisement or legal notices are intended to reach.

4. is not published primarily to distribute advertising; and

5. is not intended primarily for a particular professional or occupational group.

E. Other advertising published outside the borough will be published in the appropriate newspapers as determined by the mayor.

F. Failure of a published legal advertisement to conform to a purchase order as to required dates or sequence of publication or content will void the purchase order. In the event that the borough incurs additional costs due to a nonconformity, the publisher (or newspaper) responsible for the advertising will be held liable for those costs.

G. Type size for all legal advertisements will be determined by the mayor and specified in any requests for proposals to publish.

SECTION 2.That this ordinance shall take effect immediately upon its enactment.

ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS _______ DAY OF ______________________, 1995.

_____________________________________

Andrew P. Scalzi, Assembly President

ATTEST:

______________________________

Gaye J. Vaughan, Borough Clerk