HomeMy WebLinkAboutRes1968-717
RESOLUTION NO. 717
WHEREAS; The City Charter of The City of Seward, Alaska, has some con-
flicting and outxiated provisions which are not compatable with the Kenai
Peninsula Borough ordinances and present city government; and
WHEREAS; The City Council appointed an Advisory Committee to study the
present City Cbarter and to make recommendations or changes which the
committee felt should be placed before the voters of the city; and
WHER BAS; Otanges in the City Charter must be approved by the voters of the
city;
NOW, nIEREFORE, BE IT RESOLVED, by the City Council of The City of
Seward, Alaska, that the followtng proposed changes be presented to the voters
on the October 1st, 1968, General City Election, Said changes shall be on a
separate ballot am will read basically as follows:
. . .
ChaPter 3, S~11on 3.1 of the present City Charter reads:
The City Coundl · Seeuon 3,1:
The City Council shall consist of the Mayor and six (6) Councilmen. The
mayor and each councUman shall be elected from the city at large, The term
of office of the mayor am each councUman shall be for two (2) years and shall
commence on the Monday next following his eloetion. The Council shall
exercise all of the I..egi,lative and Policy-maktng powers of the City and shall
provide for the performance of all duties am obligations Imposed upon the
City by law,
PROPOSITION A
Shall Chapter 3, Section 3, 1 be changed to read:
The City Council shall consist of the Mayor and six (6) Councllmen. The
mayor and each councilman shall be elected from the city at large. The term
of office of the Mayor and of each Councllman shall be for three (3) years and
shall commence on the Monday next following his election. The Council shall
exercise all of the Legislative and Policy. making powers of the City and shall
provide for the performance of all duties am obligations imposed upon the
City by law.
. . .
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Chapter 3, See tion 3.2 of the present City Charter reads:
Terms of Office - Section 3.2:
The terms of three (3) councilmen shall expire in each year, except that
in each second year, counting from 1959, the terms of the mayor and three (3)
councilmen shall expire. When appointments are made to fill vacancies in
the manner provided by Section 2.13 (a) of this charter, appointees shall
qualify for and assume the duties of office within ten (10) days after appoint-
ment, unless such time be extended for not more than sixty (60) days by
council.
PROPaiITION B
Shall Chapter 3, Section 3.2 be changed to read:
Beginning in the year 1968, four (4) councilmen shall be elected. One (1)
councUman for one (1) year and three (3) councilmen for two (2) years. In
the year 1969, a mayor shall be elected as shall one (1) councilman for a
two-year term and two (2) councilmen for a three-year term each. Beginn-
ing with 1971, a mayor shall be elected as shall two (2) councilmen for three-
year terms each. When appointments are made to f1ll vacancies in the manner
provided by Section 2.13 (a) of this charter, appointees shall qualify for and
assume the duties of office within ten (10) days after appointment, unless
such time be exteooed for not more than sixty (60) days by council.
. . .
Chapter 7, Section 7. 1 of the present City Charter reads:
Taxation By Ordinance - Section 7. 1:
The council shall provide in the Code for the annual assessment, levy,
and collection of city taxes.
PROPaiITION C
Shall Chapter 7, Section 7. 1 be changed to read:
The council shall provide in the Code for the annual mill levy am collect-
ion of city taxes.
. . .
Chapter 7, Section 7. 3 of the present City Charter reads:
Assessment Day - Section 7.3:
The taxable status of property shall be determined as on the First Day
of January, or such other date as may be subsequently required by law, which
shall be deemed the Assessment Day. Values on the Assessment Roll shall
be determined according to the facts existing on the Assessment Day for the
year for which the Assessment Roll is made, and no change c:i statuS of any
property after that day shall be considered by the council when acting as
Board of Equallzation. Standards of appraisal shall be followed by the council
when establlshed by law.
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PROPOOmON D
Shall Chapter 7, Section 7. 3 be changed to read:
The taxable status of property shall be determined as of the First Day of
January, or such other date as may be subsequently required by law, which
shall be deemed the Assessment Day. Values on the Assessment Roll shall be
determined according to the facts existing on the Assessment Day for the year
for which the Assessment Roll is made, and no change of status of any property
after that day shall be considered.
. . .
Chapter 7, Section 7.4 of the present City Charter reads:
Security for Taxes on Real Property - Section 7.4:
The City shall have a First Lien upon all real property against which
taxes are assessed, for the taxes and any collection charges, penalties, and
interest which may accummulate thereto, which lien shall continue until the
taxes are paid.
PROPOOITION E
Shall Chapter 7, Section 7. 4 be changed to read:
The City shall have a first priority upon all real property against which
taxes are assessed and foreclosed by the Borough.
. . .
Chapter 7, Section 7.5 of the present City Cbarter reads:
Protection of City's Real Property Tax Liens - Section 7.5:
The City may protect its lien for taxes upon real property by sale at tax
sale, or by purchasing the real property at any tax sale or other public sale,
or by direct negotiation with the owner. Any such procedure shall be deemed
to be for a public purpose. When the City has acquired an interest in real
property to protect a tax lien thereon, the owner of any interest in such real
property may redeem the same by paying the delinquent city taxes and all
accrued charges, penalties, and interest thereon. After the City has held
any tax delinquent real property for one (1) year, it may hold same for public
use or sell it at a public auction to the highest bidder.
PROPOSITION F
Shall Chapter 7, Section 7.5 be changed to read:
The City may protect its interest for taxes upon real property by the
purchasing of the real property at any tax sale or other public sale. Any such
procedure shall be deemed to be for a public purpose. After the City has
held any tax del1nquent real property for one (1) year, it may hold the same
for public use or sell at publ1c sale.
. . .
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PR OPOSITION G
Shall Chapter 7, Section 7.6 be deleted from the present City Charter as this
function is now a Borough operation:
Security for Taxes on Personal Property - Section 7.6:
City taxes on personal property shall be a debt to the City from the persons
to whom they are assessed. If any person to whom such taxes are assessed
fails to pay the taxes, or if the collecting officer reasonably believes that any
person will not pay such taxes, the taxes and accrued charges, penalties, am
interest may be collected by a personal action in the name of the City against
the person to whom assessed in a court of competent jurisdiction, or by dis-
traint and sale of any personal property of the person assessed. Neither of
the remedies herein given shall be exclusive of the other at any time.
. . *
Chapter 8, Section 8.1 (c) of the present City Charter reads:
Special Assessments and Public Improvements - Section 8.1 (c):
If protest as to the necessity of a local improvement are made by the
owners of property which will bear fifty percent or more of the estimated cost
of the improvement, the public improvement shall not proceed until the ob-
jections have been reduced to less than fifty percent, except upon the approval
of at least four (4) members of the council.
PROPOSmON H
Shall Chapter 8, Section 8.1 (c) be changed to read:
If protests as to the necessity of a local improvement are made by the
owners of property which will bear fifty percent or more of the estimated cost
of the improvements, the public improvement shall not proceed until the ob-
jections have been reduced to less than fifty percent, except when such improve-
ments effect the Health, Welfare and Safety of any or all residents of The City
of Seward, and upon the approval of at least four (4) members of the council.
* . *
Chapter 8, Section 8.6 (a) of the present City Charter reads:
Lien For and Collection Of Special Assessments - Section 8.6 (a):
The City shall have a first lien upon all real property against which special
assessments are assessed. and any such lien shall be of the same character,
effect, and duration, and shall be enforcable in the same manner as the lien
for city taxes.
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PROPOSITION I
Shall Chapter 8, Section 8.6 (a) be changed to read:
The City shall have a first priority upon all real property against which
special assessments are assessed, and any such lien shall be of the same
character, effect, and duration, and shall be enforcable in the same manner as
the lien for City assessments.
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Chapter 9, Section 9.3 of the present City Charter reads:
City Representatives on Borough Assembly - Section 9.3:
The City shall participate in Borough affairs. The Council shall appoint
the City's representatives on the Borough Assembly. It shall also appoint
alternates, any of whom may serve in the case of the temporary absence of
representatives.
PROPOSITION J
Shall Chapter 9, Section 9.3 be changed to read:
The City shall participate in Borough affairs. The Council shall appoint
the City's representatives on the Borough Assembly.
* * *
Chapter 10, Section 10.3 (b) of the present City Charter reads:
Qualifications of Electors - Chapter 10.3 (b):
Only persons who are registered as electors of the City and whose names
appear on the tax rolls of the City shall be entitled to vote on questions of the
borrowing of money by the City when the principal and interest on such
borrowed money is to be paid by taxes or by special assessments levied
against property.
PROPOSITION K
Shall Chapter 10, Section 10.3 (b) be changed to read:
Only persons who are registered as electors of the City and whose names
appear on the real property tax rolls shall be entitled to vote on questions of
the borrowing of money by the City when the principal and interest on such
borrowed money is to be paid by taxes or by special assessments levied against
the property.
* * *
Chapter 11, Section 11. 2 of the present City Charter reads:
Limitations on Borrowing Power - Section 11.2:
The outstanding general obligation indebtedness of the City incurred for
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all public purposes shall not at any time exceed fifteen percent of the assessed
value of all the real and personal property in the City. The restrictions im-
posed by law on contracting debt shall not apply to debt incurred through the
issuance of revenue bonds when the only security is the revenues of the enter-
prise, nor to bonded indebtedness to be paid from special assessments on
benefited property, nor to refunding indebtedness. In determining the debt
limit of the City. there shall be deducted from the amount of the outstanding
bonded indebtedness any amounts credited to or on deposit for debt retirement,
and any portion of reserve funds or accounts pledged to the payment of
principal amount of any outstanding bonded indebtedness. Money may be
borrowed for reasons of disaster, permitted by Section 11.1 (a) (3 b) beyond the
limit imposed by this section, and the Council shall, at the time of authoriza-
tion of such indebtedness, provide for the fulfillment of other requirements
of law relative to incurring such indebtedness.
PROPOSITION L
Shall Chapter 11, Section 11.2 (a) be changed to read:
The restrictions imposed by law on contracting debt shall not apply to
debt incurred through the issuance of revenue bonds when the only security
is the revenues of the enterprise, nor to bonded indebtedness to be paid from
special assessments on benefited property, nor to refunding indebtedness.
In determining the debt limit of the City, there shall be deducted from the
amounts credited to or on deposit for debt retirement, and any portion of
reserve funds or accounts pledged to the payment of principal amount of any
outstanding bonded indebtedness. Money may be borrowed for reasons of
disaster, permitted by Section 11.1 (a) (3 b) beyond the limit imposed by this
section, and the Council shall, at the time of authorization of such indebted-
ness, provide for the fulfillment of other requirements of law relative to
incurring such indebtedness.
'" '" '"
The above listed proposed changes in the City of Seward, Alaska, Home Rule
Charter. are all changes which were recommended by the committee appointed
to study the present City Charter. Those serving on the committee were:
Frank Lewis, Hans Hafemeister, Paul Stockard, Donna Kowalski, Bill Saindon
and Wilda Fleming, with Mayor R. W. Kirkpatrick and City Manager Kester L.
Dotts as advisory members and therefore not entitled to vote on said recommen-
ded changes.
This Resolution shall become effective immediately upon its passage and
approval and the City Clerk-Treasurer is hereby instructed to have
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propositions and ballots prepared for voters at the October City Election.
Passed and approved by the City Council of The City of Seward, Alaska, this
22nd day of
July
, 1968.
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t;J: W. Kirick
Mayor
Attest:
) ,) /.-'/
,;~ Ie. '-r.~'}
,)tmes . . Utp
\./City Clerk-Treasurer
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