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HomeMy WebLinkAboutRES2023-112 Repeal Resolution 2023-088, 2023-089Sponsored by: Sorensen Failed: September 25, 2023 Request for Reconsideration: September 26, 2023 Motion to Reconsider Approved: October 9, 2023 Amended & Approved: October 9, 2023 CITY OF SEWARD, ALASKA RESOLUTION 2023-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, TO REPEAL RESOLUTION 2023-88 AND RESOLUTION 2023- 89. WHEREAS, City Council approved Resolution 2023-88 and Resolution 2028-89; that placed Proposition No. 1: The Sale of the Seward Electric Utility and Proposition No. 2: The Seward City Charter Amendment on the October 3 regular election ballot WHEREAS, the Clerk's Office received two referendum requests to repeal two resolutions, Resolution 2023-88 and Resolution 2023-89 WHEREAS, the Clerk's Office has followed the required timeline and determined the sufficiency of both referendum requests; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. Resolution 2023-88 and Resolution 2023-89 is hereby repealed. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 9th day of October 2023. THE CITY OF SEWARD, ALASKA ot,4 re Sue McClure, Mayor CITY OF SEWARD, ALASKA RESOLUTION 2023-112 AYES: Calhoon, Finch, Barnwell, Wells, Osenga, McClure NOES: None ABSENT: DeMoss ABSTAIN: None ATTEST: Acting City Clerk 1 1 1 City Council Agenda Statement Meeting Date: September 25, 2023 To: City Council Through: Kat Sorensen, City Manager From: Kris Peck, City Clerk Subject: Resolution 2023-112: A Resolution Scheduling a Special Election to Repeal Resolution 2023-88 and Resolution 2023-89 to be held Tuesday, November 28, 2023. Background and justification: The City Clerk has received two sufficient petitions for referendums to repeal two Resolutions (Resolution 2023-99 and Resolution 2023-89) that placed Proposition No. 1: The Sale of the Seward Electric Utility and Proposition No. 2: The Seward City Charter Amendment on the October 3 regular election ballot. Applicable Seward City Code for Initiative and Referendum (Section 4.15) is enclosed below. Here is the timeline for the referendum petitions. City code timeline requirements were met. - The application for referendum petitions were received August 3, 2023 - The application was certified on August 17, 2023 - The completed petitions were filed with the clerk on September 5, 2023 - The completed petitions were certified on September 15, 2023 - The clerk submitted the petition to the City Council on the first regular meeting after certification Although Seward City Code language states that it must be put on the next regular election, these referenda fall too close to the next regular election to meet the required legal noticing. The Clerk must notice a regular election 20 days in advance and a special election 30 days in advance. (4.01.045) Absentee voting has already opened for the regularly scheduled October 3 election. Given the circumstances and requirements, a special election will need to be scheduled for between November 28 and December 11, 2023. Based on historic information, the estimated costs of the election will be $6000. 4.01.045 Publication of notice of elections. The clerk shall publish a notice of each regular and special election at least twice in one or more newspapers of general circulation in the city, the first such publication to be accomplished at least 20 days prior to a regular election, and at least 30 days prior to a special election. The notice shall also be posted on the city's website and in four public places within the city. (Ord. 527, 1984; Ord. 542, § 1, 1985; Ord. 94-47; Ord. 2002-05; Ord 2004-02; and Charter 10.2; Ord. No. 2022-017, § 1, 1-9-2023) 4.15.010 Reservation of powers. A. In accordance with the city charter, the powers of initiative and referendum are reserved to the qualified voters of the City of Seward. The voters of the city, by initiative, may propose and enact any ordinance which the city council has power to enact under the charter except as otherwise provided in this section. The voters of the city, by referendum, may approve or reject any ordinance passed by the city council except as otherwise provided in this section. B. Ordinances dedicating revenues; ordinances making, repealing, transferring, or otherwise changing appropriations; ordinances fixing mill levies; ordinances authorizing the issuance of bonds; and special ordinances shall not be subject to either initiative or referendum. Ordinances creating courts, defining the jurisdiction of courts or prescribing their rules shall not be subject to initiative. Ordinances necessary for the immediate preservation of the public peace, health or safety (emergency ordinances) shall not be subject to referendum. (Ord. 567, 1986) Chapter 4.15. Initiative and Referendum 4.15.015 Application for petition. A. An initiative or referendum is proposed by filing an application with the city clerk containing the ordinance or resolution to be initiated or the ordinance or resolution to be referred and the name and address of a contact person and an alternate to whom all correspondence relating to the petitions may be sent. An application shall be signed by at least ten voters who will sponsor the petition. An additional sponsor may be added at any time before the petition is filed by submitting the name of the sponsor to the clerk. Within two weeks, the clerk shall certify the application if the clerk finds that it is in proper form and, for an initiative petition, that the matter: 1. Is not restricted by § 4.15.010(b) of this code; 2. Includes only a single subject; 3. Relates to a legislative rather than to an administrative matter; and 4. Would be enforceable as a matter of law. B. A decision by the clerk on an application for petition is subject to judicial review. (Ord. 567, 1986; Ord. 610, 1988; Ord. 618, § 3, 1989) 4.15.020 Contents of petition. A. Within two weeks after certification of an application for an initiative or referendum petition, a petition shall be prepared by the city clerk. Each copy of the petition shall contain: 1. A summary of the ordinance or resolution to be initiated or the ordinance or resolution to be referred; 2. The complete ordinance or resolution sought to be initiated or referred as submitted by the sponsors; 3. The date on which the petition is issued by the clerk; 4. Notice that signatures must be secured within 90 days after the date the petition is issued; 5. Spaces for each signature, the printed name of each signer, the date each signature is affixed, and the residence and mailing addresses of each signer; 6. A statement, with space for the sponsor's sworn signature and date of signing, that the sponsor personally circulated the petition, that all signatures were affixed in the presence of the sponsor, and that the sponsor believes the signatures to be those of the persons whose names they purport to be; and 7. Space for indicating the total number of signatures on the petition. B. If a petition consists of more than one page, each page shall contain the summary of the ordinance or resolution to be initiated or the ordinance or resolution to be referred. C. The clerk shall notify the contact person in writing when the petition is available. The contact person is responsible for notifying sponsors. Copies of the petitions shall be provided by the clerk to each sponsor who appears in the clerk's office and requests a petition, and the clerk shall mail the petition to each sponsor who requests that the petition be mailed. (Ord. 567, 1986; Ord. 618, § 4, 1989) 4.15.025 Signature requirements. A. The signatures on an initiative or referendum petition shall be secured within 90 days after the clerk issues the petition. The statement provided under § 4.15.020(A)(6) shall be signed and dated by the sponsor. Signatures shall be in ink or indelible pencil. B. The clerk shall determine the number of signatures required on a petition and inform the contact person in writing. Except as provided in (e) of this section, a petition shall be signed by a number of voters equal to 25 percent of the number of votes cast at the last regular election held before the date written notice is given to the contact person that the petition is available. C. Illegible signatures shall be rejected by the clerk unless accompanied by a legible printed name. Signatures not accompanied by a legible residence address shall be rejected. D. A petition signer may withdraw the signer's signature on written application to the clerk before certification of the petition. E. If the ordinance or resolution that is the subject of an initiative or referendum petition affects only an area that is less than the entire area of a city, only voters residing in the affected area may sign the petition. The clerk shall determine the number of signatures required on the petition and inform the contact person in writing. The petition shall be signed by a number of voters equal to 25 percent of the number of votes cast in that area at the last regular election held before the date written notice is given to the contact person that the petition is available. (Ord. 567, 1986; Ord. 610, 1988; Ord. 618, §§ 5, 6, 1989) 4.15.030 Sufficiency of petition. A. All copies of an initiative or referendum petition shall be assembled and filed as a single instrument. Within ten days after the date the petition is filed, the clerk shall: (Supp. No. 26-1) Created: 2023-09-13 09:18:30 [EST] Page 3 of 7 1. Certify on the petition whether it is sufficient; and 2. If the petition is insufficient, identify the insufficiency and notify the contact person by certified mail. B. A petition that is insufficient may be supplemented with additional signatures obtained and filed before the eleventh day after the date on which the petition is rejected. C. A petition that is insufficient shall be rejected and filed as a public record unless it is supplemented under subsection (b) of this section. Within ten days after a supplementary filing, the clerk shall recertify the petition. If it is still insufficient, the petition shall be rejected and filed as a public record. (Ord. 567, 1986; Ord. 610, 1988; Ord. 618, § 7, 1989) 4.15.035 Protest. If the clerk certifies an initiative or referendum petition is insufficient, a signer of the petition may file a protest with the city manager within seven days after the certification. The city manager shall present the protest at the next regular meeting of the city council. The city council shall hear and decide the protest. (Ord. 567, 1986) 4.15.040 New petition. Failure to secure sufficient signatures does not preclude the filing of a new initiative or referendum petition. However, a new petition on substantially the same matter may not be filed sooner than six months after a petition is rejected as insufficient. (Ord. 567, 1986) 4.15.045 Initiative election. A. The city clerk shall present a certified sufficient petition for initiative to the council at the first regular meeting after certification. B. Unless the city council enacts substantially the same measure within 30 days of submission of the certified petition, the city clerk shall, with the aid of the city attorney, prepare an ordinance or resolution to implement the petition and shall submit it to the voters at the next regular election. C. The ordinance or resolution initiated shall be published in full in the notice of the election but may be summarized on the ballot to indicate clearly the proposal submitted. D. If a majority vote favors the ordinance or resolution, it shall become effective upon certification of the election, unless a different effective date is provided in the ordinance or resolution. E. The council may at any time not less than 20 days from the date of the election adopt an ordinance or resolution to implement the petition. In that event, a vote on the initiative shall not be held. (Ord. 567, 1986) (Supp. No. 26-1) Created: 2023-09-13 09:18:30 [EST] Page 4 of 7 4.15.050 Referendum election. A. Unless the ordinance or resolution is repealed by the council, when a petition seeks a referendum vote the clerk shall submit the matter to the voters at the next regular election. If no regular election occurs within 75 days of the certification of a sufficient petition, the council shall hold a special election within 75 days of submission to the council. B. If a petition is certified before the effective date of the matter referred, the ordinance or resolution against which the petition is filed shall be suspended pending the referendum vote. During the period of suspension, the city council may not enact an ordinance or resolution substantially similar to the suspended measure. C. If the council repeals the ordinance or resolution before the referendum election, the petition is void and the matter referred shall not be placed before the voters. D. If a majority vote favors the repeal of the matter referred, it is repealed. Otherwise, the matter referred remains in effect or, if it has been suspended, becomes effective on certification of the election. (Ord. 567, 1986) 4.15.055 Effect. A. The effect of an ordinance or resolution may not be modified or negated within two years after its effective date if adopted in an initiative election or if adopted after a petition that contains substantially the same measure has been filed. B. If an ordinance or resolution is repealed in a referendum election or by the city council after a petition that contains substantially the same measure has been filed, substantially similar legislation may not be enacted by the city council for a period of two years. C. If an initiative or referendum measure fails to receive voter approval, a new petition application for substantially the same measure may not be filed sooner than six months after the election results are certified. (Ord. 567, 1986) Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Strategic Plan: Other: Total amount of funds listed in this legislation: $ 6000 This legislation (✓): Creates revenue in the amount of: Creates expenditure in amount of: Creates a savings in the amount of: $ Has no fiscal impact Funds are (✓): Budgeted Line item(s): 01000-1110-7804 X Not budgeted Not applicable $ 6000 Fund Balance Information Affected Fund (✓): General Boat Harbor Motor Pool X Available Fund Balance SMIC Parking Other Electric Water Wastewater Healthcare Note: amounts are unaudited $ 10,245,484.88 Finance Director Signature: X Yes Attorney Signature: Not applicable Comments: Administration Recommendation Attorney Review Ca.xlck, X Adopt Other: