HomeMy WebLinkAboutOrd1989-618
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sponsored by: Murphv
CITY OF SEWARD, ALASKA
ORDINANCE NO. 618
OF
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
SEWARD, ALASKA, ENACTING MISCELLANEOUS REVISIONS
TO THE SEWARD CITY CODE, TITLE 4, ELECTIONS
WHEREAS, the Alaska State Legislature enacted legislation
relating to municipal petitions and elections, and to appointments
to fill certain municipal offices; and
WHEREAS, the City Council wishes the Seward City Code to be
consistent with the Alaska Statutes, Title 29;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, HEREBY ORDAINS that:
Section 1. section 4.01.010 is hereby revised by amending the
definition of "qualified voter" to read as follows:
Oualified voter. Is any person who:
1. is qualified to vote in state elections under AS
15.05.010;
2. has been a resident of the city for 30 days immedi-
ately preceding the election;
3. is registered to vote in state elections at a
residence address within the city at least 30 days before
the municipal election at which the person seeks to vote;
and
4. is not disqualified under Article V of the state
constitution.
Section 2. section 4.01. 055, subsection A., is hereby revised
to read as follows:
4.01.055 Oualification of voters. A. In accordance
with AS 15.05.010 and AS 29.26.050, a person is qualified
to vote in city elections who:
1. is qualified to vote in state elections under AS
15.05.010;
2. has been a resident of the city for 30 days immedi-
ately preceding the election;
3. is registered to vote in state elections at a
residence address within the city at least 30 days before
the municipal election at which the person seeks to vote;
and
4. is not disqualified under Article V of the state
constitution.
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CITY OF SEWARD, ALASKA
ORDINANCE NO. 618
Section 3.
follows:
section 4.15.015 is hereby revised to read as
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 10 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 section 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.
Section 4. section 4.15.020, Subsection C., is hereby revised
to read as follows:
4.15.020 Contents of petition. 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.
section 5. Section 4.15.025, Subsection B., is hereby revised
to read as follows:
4.15.025 Siqnature requirements. 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.
Section 6. Section 4.15.025 is hereby amended by adding a new
subsection E. to read as follows:
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CITY OF SEWARD, ALASKA
ORDINANCE NO. 618
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.
Section 7. section 4.15.030, Subsection A., is hereby revised
to read as follows:
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:
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.
Section 8. section 4.20.020, Subsection A., is hereby revised
to read as follows:
4.20.020 ApPlication for recall petition. A. An
application for a recall petition shall be filed with the
city clerk and shall contain:
1. the signatures and residence addresses of at
least ten city voters who will sponsor the petition;
2. the name and address of the contact person and
an alternate to whom all correspondence relating to the
petitions may be sent; and
3. a statement in two hundred words or less of the
grounds for recall stated with particularity.
section 9. section 4.20.025, Subsection B., is hereby revised
to read as follows:
4.20.025 Recall petition. B. The clerk shall notify
the contact person in writing when the petition is
available. That person is responsible for notifying
sponsors. copies of the petition shall be provided by
the clerk to each sponsor who appears in the clerk IS
office and requests a petition, and the clerk shall mail
the petition to each sponsor who requests that the
petition be mailed.
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CITY OF SEWARD, ALASKA
ORDINANCE NO. 618
Section 10. section 4.20.030, Subsection B., is hereby
revised to read as follows:
4.20.030 Sianature reauirements. B. The clerk shall
determine the number of signatures required on a petition
and inform the contact person in writing. The petition
shall be signed by a number of voters equal to twenty-
five percent of the number of votes cast for that office
at the last regular election held before the date written
notice is given to the contact person that the petition
is available.
section 11. section 4.20.035, Subsection A., is hereby
revised to read as follows:
4.20.035 Sufficiencv of petition. A. The copies of a
recall petition shall be assembled and filed as a single
instrument. A petition may not be filed within one
hundred eighty days before the end of the term of office
of the official sought to be recalled. within ten days
after the date a petition is filed, the city clerk shall:
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.
Section 12.
follows:
section 4.20.055 is hereby revised to read as
4.20.055 Form of recall ballot. A recall ballot shall
contain:
1. the grounds for recall as stated in two hundred
words or less on the recall petition;
2. a statement by the official named on the recall
petition of two hundred words or less, if the statement
is filed with the clerk for publication and public
inspection at least twenty days before the election;
3. the following question: "Shall (name of person)
be recalled from the office of (office)? Yes [ ] No [ ]."
Section 13. Section 4.20.065, Subsection B, is hereby revised
to read as follows:
4.20.065 Successors. B. A person who has been recalled
may not be appointed under SUbsection A. of this section
to the office from which the person was recalled. A
person appointed under Subsection A. of this section
serves until a successor is elected and takes office.
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CITY OF SEWARD, ALASKA
ORDINANCE NO. 618
Section 14. This ordinance shall take effect ten (10) days
following its enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,
this 14th day of August, 1989.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
THE CITY OF SEWARD, ALASKA
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HARRY GIESELER, MAYOR
GIESELER, DUNHAM, MEEHAN, NOLL, O'BRIEN
NONE
HILTON, SIMUTIS
NONE
APPROVED AS TO FORM:
PERKINS COlE, Attorneys for
the City of Seward, Alaska
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(City Seal)
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Fred B. Arvl.dson
city Attorney
Introduced By:
Introduction Date:
Public Hearing &
Enactment Date:
O'Brien/Dunham
07/24/89
08/14/89
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