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HomeMy WebLinkAboutOrd1966-349 'F'~~ l;~ ~. ORDINANCE NO. 349 . _ . (.(/1-)- .y"- ADMINISTRATIVE CODE OF THE CITY OF SEWARD, ALASKA THE CITY OF SEWARD ORDAINS: Division I - City Council Organization and Procedure Division II - organization of Adrrlinistrative Functions Division III - Administrative Policy and Procedure Division IV - Fiscal Procedures Division V - Civil Defense and Disaster Division VI Miscellaneous Procedures . ., (.') > 'J' f" ~- TABLE OF CONTENTS Division I - City Council Organization and Procedure Section 1.100 Organization of the Council ~ , ,[ ,,\ I ~,,~I,.-) -- Section 1.101 Council Meetings Section 1.102 Quorum Section 1.103 Rules of Council Section 1.104 Agenda Section 1.105 Preparation of Minutes Section 1.106 Reading of Minutes Section 1.107 Rules of Debate Section 1.108 Addressing the Council Section 1.109 Manner of Addressing the Council - Time Limit Section 1.110 Decorum Section 1.111 Enforcement of Decorum Section 1.112 Council Not to Interfere in Administrative Service Section 1.113 City Manager Authorized to Process Council Mail Leqis1ation Section 1.114 Method of Action Section 1.115 Preparation of Ordinances Section 1.116 Prior Approval by Administrative Staff Section 1.117 Introducing for Passage and Approval Section 1.118 Title Section 1.119 Ordaining Clause Section 1.120 Vote by Voice: Vote by Roll Call Section 1.121 Effective Date Section 1.122 Publication Division II - Organization of Administrative Func,~ions Section 2.100 Section 2.101 Section 2.102 Section 2.l03 Section 2.104 Section 2.105 Section 2.106 Section 2.107 Section 2.108 Section 2.109 Section 2.110 Section 2.111 Section 2.112 Section 2.113 Section 2. 114 Administrative Officers and Employees: Appointments: Terms and Compensations City Manager City Clerk-Treasurer City Comptroller City Attorney Department of Administration Division of Central Services Division of Purchases and Stores Division of Building and Equipment Maintenance Division of Personnel Division of Police Fire Division Animal Shelter Division Division of Public Works and Engineering Division of Building Inspection r TABLE OF CONTENTS ( CONTINUED) Division II - Organization of Administrative Functions ( Continued) Section 2.115 Division of Water Section 2.116 Division of Light and Power Section 2.117 Division of Recreation Section 2.118 City Planning Division Section 2.ll9 Workmen's Compensation Employees Benefits Section 2.120 Employees' Group Insurance Benefits Division III - Administrative Policy and Procedure Section 3.100 Administrative Officers of the City Section 3.101 Approval of City Manager's Appointments Section 3.102 Duties of Officers Section 3.l03 General Responsibilities Section 3.104 Rules and Regulations Section 3.105 Relationships Section 3.106 Delegation of Duties Section 3.107 Preservation of Records Section 3.108 Departmental Records and Reports Section 3.109 Holidays Section 3.110 Public Liability Insurance Division IV - Fiscal Procedures Section 4.100 Fiscal Year Section 4.101 Budget Statement of City Manager Section 4.102 Budget Adoption Procedure Section 4.103 Contingent Account Section 4.104 System of Accounts Section 4.105 Unencumbered Balances Shall be Reflected Section 4.106 City Expenditures Section 4.107 Bid Procedures Section 4.108 Examination of Claims Section 4.109 Certifying Purchase Orders and Contracts Section 4.110 Payment of Claims Section 4.111 Creation of Debts Section 4.112 Monies Section 4.113 Revenues and Securities Section 4.114 Deposit of Securities Section 4.115 Cancellation of Accounts Receivable and Refunds of Erroneous Payments Section 4.116 Payrolls Section 4.117 Inspection Section 4.118 Sale of Property 17.1:" TABLE OF CONTENTS (CONTINUED) Division V - Civil Defense and Disaster Section 5.100 Purposes Section 5.101 Definitions Section 5.102 Director of Civil Defense and Disaster - Powers and Duties Section 5.103 Powers in the Event of Disaster or State of Extreme Emergency Section 5.104 Civil Defense and Disaster Organization Section 5.105 Division, Services and Staff of Civil Defense and Disaster Organization Section 5.106 Continuity of Government Section 5.107 Violations Sec~ion ~_100 Penalties Division VI - Miscellaneous Provisions Section 6.100 Records to be Public Section 6.101 Reading of Legislation Section 6.102 Executive Session Section 6.103 Council Study Session Section 6.104 Oath of Office Section 6.105 Eligibility for Elective City Office Section 6.106 Councilmen's Remarks Section 6.107 Board of Adjustments Section 6.108 Canvassing Board r' THE CITY OF SEWARD ADMINISTRATIVE CODE DIVISION I - CITY COUNCIL ORGANIZATION AND PROCEDURE Section 1.100 ORGANIZATION OF THE COUNCIL The Council shall meet and organize on the first Monday fol- lowing each regular City election. (HomeRule Charter Sec. 3.3) The Council shall elect two (2) of its members as Borough Assemblymen, and three (3) of its members as Alternate Borough Assemblymen, on the first Monday following each regular City election. within thirty (30) days of its first regular meeting, Coun- cil shall elect one (1) of its members to act as Vice-Mayor in the absence of the Mayor. Within thirty (30) days of its first regular meeting, the Mayor shall make all appointments as required of him. Section 1.101 COUNCIL MEETINGS A. Reqular Meetinqs - The regular meetings of the Council shall be held at the Council Chambers in the City Hall on the first and third Mondays of each month at 7:30 P.M.: provided, however, that when the day fixed falls upon a day designated by law as a legal or National holiday, such meeting shall be held on the next succeeding day not a holiday. B. Special Meetinqs - Special meetings of the Council shall be called by the City Clerk upon the written request of the Mayor, or the City Manager, or any two (2) members of the Council. Special meetings shall be held at the regular meeting place of the Council. ~ "\....... At least six (6) hours written notice shall be given, des- ignating the time and purpose of the special meeting. Such notice shall be served personally on each member of the Council, or left at his usual place of business or residence, by the City Clerk or by someone designated by him. A copy of such notice shall also be delivered to the place of business of each news- paper printed and published in the City, but this requirement shall not be jurisdictional to the holding of such meetings. (Home Rule Charter Sec. 3.5 Paragraph C) No business shall be transacted at any special meeting of the Council except if stated in the notice of the meeting. (Home Rule Charter Sec. 3.5 paragraph F) C. Emerqency Meetinqs - In an emergency, any special meeting shall be a legal meeting if all members are present or if there be a quorum present, and all absent members have waived the required notice in writing. Waive%smay be before or after the time of meeting. (Home Rule Charter Sec. 3.5 paragraph D) D. Public Meetinqs - All regular and special meetings of the Council shall be public meetings and the public shall have reasonable opportunity to be heard. (Home Rule Charter Sec. 3.5 paragraph G) Section 1.102 QUORUM Four members of the Council shall be a quorum for the tran- saction of business. In the absence of a quorum any number less than a quorum may adjourn a meeting to a later date. (Home Rule Charter section 3.5 paragraph I) r Section 1.103 RULES OF COUNCIL A. The Mayor - The Mayor shall possess all powers and shall exercise all duties required of him by law or the City Council. He shall be presiding officer of the Council. He shall be a member of the Council with all powers and duties of that office. (Home Rule Charter Sec. 3.4) B. Vice-Mayor - In the absence of the Mayor, the Vice-Mayor shall possess all the powers of the Mayor. He shall possess all duties provided for or required of him by law or the City Council. C. Chairman - The Mayor (or in the absence of him, the Vice- Mayor) shall take the chair at the hour appointed for the meeting of the Council, or at the hour to which the Council shall have adjourned or recessed at a preceding sessionr shall immediately call the members to order, and shall direct the Clerk to call the roll. He shall then call the preceding journal to be read and disposed of, unless otherwise ordered by the Council. In the absence of the Mayor and the Vice-Mayor, and if a quorum shall be present, the Council shall choose one of its members Acting Mayor for that session, or until the appearance of the Mayor or Vice- Mayor. D. Ad;ournment - The Council may adjourn any of its regular or adjourned sessions to a time not beyond the next regular meetingr and the City Clerk shall publish the time and date to which adjourned, in the best manner. E. Siqnatures - The Mayor ~hall sign all ordinances and resolutions adopted and approved by the Council at the meetings in which he is in attendance, and if he is absent, the Vice- =---- Mayor may sign such documents as have been adopted and approved by the Council. In the absence of the Mayor and Vice-Mayor, the temporary chairman may sign such documents that have been adopted and approved at the meeting at which he presided. F. Votinq Sequence - The voting sequence of the Council shall be alternated for each meeting by the City Clerk. G. Votinq - No member of the Council may vote on any ques- tion upon which he has a substantial, direct or indirect, finan- cial interest. Otherwise, each member of the Council shall vote on each question before the Council for determination unless excused therefrom by the affirmative vote of all remaining members able to vote on the question. If a question is raised under this section at any Council meeting, such question shall be determined before the main question shall be voted on, but the Council mem- ber affected may not vote upon such determination. (Home Rule Charter Sec. 3.5 paragraph L) H. Ma;ority - The vote of at least four members shall be required for official action by the Council, unless a larger majority is required by law. (Home Rule Charter Sec. 3.5 paragraph M) Section 1.104 AGENDA (1) The order of business shall be as follows: A. Call to order B. Opening Ceremony C. Roll Call D. Minutes E. citizen discussion/Public Hearings ~- F. Bid proposals G. Communications H. Ordinances and resolutions I. Reports from the City Manager J. Council Discussion K. Adjournment (2) The presiding officer may at any time permit a member to introduce an ordinance, a resolution, or a motion out of the regular order, subject to provisions of Sections 1.115, 1.ll6 and 1.117, provided two-thirds of the members consent. (3) All reports, ordinances, resolutions, contracts, docu- ments, or other matters to be submitted to the Council at the regular meeting should be submitted to the City Clerk not later than 12:00 Noon on the preceding Wednesday. The City Clerk shall prepare the agenda for all such matters according to the order of business, numbering each item consecutively. A complete copy of such agenda shall be mailed or delivered to each Councilman and each department head so as to reach the recipient not later than 7100 P.M. on the Saturday preceding the Council meeting. The agenda shall be available to the public in the office of the City Clerk at 9:00 A.M. on the day of the council meeting and in the Council Chambers during each meeting. (4) No matters other than those on the agenda shall be finally acted upon by the Council: provided, however, that matters that seem to be emergencies or of an urgent need by the Mayor, or any Councilman, or the City Manager, with an explanation of the ~ emergency or urgency stated in open Council meeting, may, with the consent of the Council majority present, be considered and acted upon by the Council. Section 1.105 PREPARATION OF MINUTES A. Method of Keepinq Minutes - The minutes of the Council shall be kept by the City Clerk and shall be neatly typewritten in a book kept for that purpose with a record of each particular type of business transaction set off in paragraphs, with proper subheads, provided that the City Clerk shall be required to make a record only of such business as was actually passed upon by vote of the Council, and shall not be required to make a verbatim transcript of the proceedings; provided further that a record should be made of the names and addresses of the persons address- ing the Council, the title and the subject matter to which the remarks related, and whether they spoke in support of or in opposition to the subject matter. Provided, however, that any Councilman may request that his remarks on any subject be recor- ded in the minutes verbatim. Section 1.106 READING OF MINUTES Unless the reading of minutes of a Council meeting is requested by the majority of the Council, such minutes may be approved without reading if the Clerk has previously furnished each Council member with a copy thereof. section 1.107 RULES OF DEBATE A. Robert's Rules of Order shall be used as an authority on all questions of parliamentary law. These rules may be r' amended or altered or new rules adopted by the vote of all mem- bers elected to the Council at any meeting of the Council. B. presidinq Officer Mav Debate and Vote - The presiding officer may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all Councilmen, and shall not be deprived of any of the rights and privileges of a Councilman by reason of his acting as presiding officer. C. Gettinq the floor: Improper references to be avoided. Every Councilman desiring to speak shall address the chair, and upon recognition by the presiding officer shall confine him- self to the question under debate, avoiding all improper lang- uage and references to personalities. D. Interruptions - A Councilman, once recognized, shall not be interrupted in speaking unless it be to call him to order or as herein otherwise provided. If a Councilman while speaking is called to order, he shall cease speaking until the question of order be determined, and if in order, he shall be permitted to proceed. Section 1.108 ADDRESSING THE COUNCIL A person desiring to address the Council shall first secure the permission of the presiding officer to do so: provided, however, that under the proper heading of business, unless the presiding officer rules otherwise, any qualified and interested person shall have the right to address the Council upon obtain- ing recognition from the presiding officer. ~ A. Public Hearinqs - Interested persons or their author- ized representatives may address the Council in regard to matters then under consideration. B. Oral Communications - Taxpayers or residents of the City, or their authorized legal representatives, may address the Council by oral communications on any matter concerning the City's business, or any matter over which the Council has con- trol: provided, however, that preference shall be given to those persons who may in advance have given notice to the City Clerk of their desire to speak, setting forth the nature of their communication, in order that the s~e may have appeared on the agenda of the Council. Section 1.109 MANNER OF ADDRESSING THE COUNCIL - TIME LIMIT A. Each person addressing the Council shall stand before the Council, shall give his n~e and address in an audible tone of voice for the records, and unless further time is granted by the presiding officer shall limit his address to five minutes. All remarks shall be addressed to the Council as a body and not to any member thereof. No person other than a Councilman and the person having the floor shall be permitted to enter into any discussion without permission from the presid- ing officer. B. Spokesman for Group or Persons - When any group of persons wishes to address the Council, on the s~e subject matter, it shall be proper for the presiding officer to request that a spokesman be chosen by the group to address the Council, r.' and, in that case, if additional members of the same group are to be presented at that time, to limit the number of persons so addressing the Council, so as to avoid repetition before the Council. Section 1.110 DECORUM A. By Councilmen - When the Council is in session, the Councilmen must preserve order and decorum and no Councilman shall by conversation or otherwise delay or interrupt the pro- ceedings or the peace of the Council, nor disturb any Councilman while speaking, nor refuse to obey the orders of the Councilor the person presiding. B. By Other Persons - Any person making personal impertinent or slanderous remarks, or who shall become boisterous while addressing the Council, shall be forthwith, by the presiding officer, barred from further audience at said meeting before the Council, unless permission to continue be granted by a majority vote of the Council. Section 1.111 ENFORCEMENT OF DECORUM The Chief of Police shall be ex-officio sergeant at arms of the Council. He shall carry out all orders and instructions given him by the presiding officer for the purpose of maintain- ing order and decorum in the Council Chambers. Any person in the audience who uses loud, boisterous or profane language at a Council meeting, or language tending to bring the Councilor any Councilman into contempt, or any person who persistently inter- rupts the proceedings of the Councilor refuses to keep quiet r-- or take a seat when ordered to do so by the presiding officer, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than Three Hundred Dollars ($300.00) or by imprisonment in jail for a period of not more than thirty (30) days or both such fine and imprisonment. Upon instruction of the presiding officer, it shall be the duty of any police officer present to eject any person from the Council Chambers, or place him under arrest, or both. Section 1.112 COUNCIL NOT TO INTERFERE IN ADMINISTRATIVE SERVICE None of the Council, nor any of its committees or members, shall direct, request or attempt to influence either directly or indirectly the appointment of any person to office or employ- ment by the City Manager, nor in any manner interfere with the City Manager to prevent him from exercising his own judgment in the appointment of officers and employees in the administrative service. The Council and its members shall deal with the admin- istrative service solely through the City Manager, and neither the Council nor any member thereof shall give orders to any of the subordinates of the City Manager, either publicly or privately. (Home Rule Charter, Sees. 3.6 and 3.7) Section 1.113 CITY MANAGER AUTHORIZED TO PROCESS COUNCIL MAIL The City Manager is authorized to receive and open all mail addressed to the City Council and to give it immediate attention to the end that all administrative business referred r" to in said communications and not necessarily requiring Council- matic action may be disposed of between Council meetings7 pro- vided that all action taken pursuant to such communications shall be reported to the City Council thereafter. Any communi- cations needing Council actiondaall be reported to the City Council at the next regular meeting, together with the report and recommendations of the City Manager. and copies of such communcations shall be mailed to the Council. Section 1.114 METHOD OF ACTION Legislative action shall be taken by the Council only by means of an ordinance or resolution. Section 1.115 PREPARATION OF ORDINANCES All ordinances, except ordinances initiated by the elec- tors of the City under the provisions of Home Rule Charter Section 4.6, shall be prepared in writing and approved as to form by the City Attorney. No ordinance shall be prepared for presentation to the Council unless ordered by the majority vote of the Councilor requested by the City Manager, or prepared by the City Attorney on his own initiative. Section 1.116 PRIOR APPROVAL BY THE ADMINISTRATIVE STAFF All ordinances, except ordinances initiated by the elec- tors of the City under the provisions of Home Rule Charter Section 4.6, resolutions and contract documents, before presen- tation to the Council, shall have been approved as to form by the City Attorney or his authorized representative, or if substantial matters in the administration are involved, shall r- , have been examined for the administration by the City Manager or his authorized representative. Section 1.117 INTRODUCING FOR PASSAGE AND APPROVAL A. Ordinances and resolutions and other matters are sub- jects requiring Council action. Action must be introduced and sponsored by a member of the Council, except that the City Manager may present ordinances and resolutions or other matters or subjects to the Council for consideration. B. No ordinance shall be passed at the same meeting at which it is introduced unless an emergency is declared by an affirmative vote of not less than four (4) members of the Council. (Home Rule Charter Sec. 4.4) Any ordinance declared by the Council as being necessary as an emergency measure for preserving the public health, welfare and safety must contain a statement of the reasons for the emergency and its urgency. C. Proposed ordinances may be amended between time of introduction and final passage, provided its general scope of original intention is retained. The correction of typeograph- ical or clerical errors shall not constitute an amendment within the meaning of this section. Section 1.118 TITLE Each ordinance shall be preceded by a brief title which shall indicate the subject or contents thereof. Section 1.119 ORDAINING CLAUSE The ordaining clause of all ordinances adopted by the r'"' Council shall be: "The City of Seward ordains". The ordaining clause of all ordinances adopted by the people shall be: "The People of 'fhe City of Seward ordain". Section 1.120 VOTE BY VOICE - VOTE BY ROLL CALL Any vote of the Council may be by voice vote upon demand of any member either prior or subsequent to any vote. Such vote shall be by roll call. Each member shall answer by the word "Yes" or "No". Section 1.121 EFFECTIVE DATE A. The effective date of each ordinance or code provision or resolution shall be stated therein. B. All ordinances or code provisions passed by the Council shall become effective ten (10) days after enactment, except that (1) All code provi~which provide for or establish a tax shall become effective not less than thirty (30) days after enactment (Home Rule Charter Sec. 4.3). (2) All code provisions which provide for or establish a salary for an elective office shall be effective on the Monday following the next general municipal election or such later date as the official elected to said office qualifies for office. (3) An ordinance or code provision may become effective immedi- ately upon enactment providing an emergency described therein and declared to require the enactment of said legislation to allevi- ate the emergency is declared to exist. This exception shall not be employed for the sole reason that the rules for introduction, reading, etc. of legislation are waived to permit passage on the r- first reading due to the existence of an emergency. C. All resolutions passed by the Council become effective immediately except: (1) Those involving real property transactions which shall be- come effective in not less than thirty (30) days (Home Rule Charter Sec. 12.3 paragraph (b) and (2) Those establishing rules and regulations affecting the public, which shall become effective in not less than ten (10) days, or as otherwise provided by law. Section 1.122 PUBLICATION Each ordinance or code provision and each resolution involv- ing financial matters, elections, and real property transactions or establishing rules and regulations affecting the public, or as required by the Council in the passage of the specific resolu- tion, shall be posted on the bulletin board at City Hall in Seward, Alaska, within a reasonable time after enactment and for the number of days between enactment and effective date, and a notice of the place of posting and a brief statement of the pur- pose of the ordinance or code provision shall be published in one or more of the newspapers of the City within a reasonable time. r THE CITY OF SEWARD ADMINISTRATIVE CODE DIVISION II - ORGANIZATION OF ADMINISTRATIVE FUNCTIONS Section 2.100 ADMINISTRATIVE OFFICERS AND EMPLOYEES, APPOINT- MENTS, TERMS AND COMPENSATIONS A. The City Manager, City Clerk and City Attorney shall be appointed by the Council. They shall hold office for indefinite terms at the pleasure of the Council. B. All other administrative officers except members of City boards shall be appointed by the City Manager and serve at his pleasure. C. Members of City boards shall serve for the terms pro- vided by law. (Home Rule Charter, Chap. 5, Sec. 5.3) Section 2.101 CITY MANAGER A. The City Manager shall be the chief administrative offi- cer of the Council and shall perform the duties of his office under authority of and shall be accountable to the Council. (Home Rule Charter, Chap. 5, Sec. 5.4) B. He shall supervise and coordinate the work of the admin- istrative officers and departments of the City, except the City Attorney, and he shall act as coordinator between this officer and the other administrative officers (Home Rule Charter, Chap. 5 , Sec. 5 . 4) . c. Duties: (1) He shall have the duties as set forth in the Charter. (2) He shall have subject to his approval the expendi- tures, policies and procedures for the departments coming under ~~ his control. (3) He shall sign for the City approved contracts, leases, and agreements authorized by the City Council. (4) He may recommend the Council's sale and lease of materials, property, equipment and real estate of the City. (5) He may negotiate such contracts and leases as the council may authorize. (6) He shall recommend to the Council a schedule of fees and rates of all types of services performed by the departments under his control. In addition, he shall establish such fees and rates as Council may direct. (7) He shall recommend changes to the Council and the basic organization and plans for departments under his control: and enforce changes approved by the Council. (8) He shall perform such duties as may be required by the Charter or as the Council may require of him. (Ordinance No. 340, passed February IS, 1965) section 2.102 CITY CLERK-TREASURER A. Duties: (1) He shall keep a record of the proceedings of the City council and such other bodies as Council may require. (2) He shall keep all ordinances, resolutions, contracts and agreements of the City, and authenticate such records as shall be necessary. (3) He shall publish ordinances and other legal notices as required. r~ (4) He shall keep and maintain a record of all elections of the City and shall be responsible for the conduct of elections. (5) He shall keep informed of all matters pending before the Council and other bodies as Council may require. (6) He shall have the power to administer oaths or affirma- tions in all matters relating to the municipality. (7) He shall have the custody of the seal of The City of Seward. (8) He shall have the power to appoint deputies, if needed, provided that the appointment of all deputies shall be approved by at least four (4) members of the Council. (9) He shall perform such other duties as may be required by the Charter, the City Manager, or as the Council may require of him, or as is required by law. (lO) He shall receive and safely keep all monies and secur- ities belonging to'the City and shall deposit all of the public monies in any bank in the State of Alaska authorized by law to receive such deposit of public monies, such deposits to be made in accordance with the provisions of the laws of the State of Alaska and tile OLdinancQs and resolutions of the city. (11) He shall pay public monies only upon warrants drawn by the City Comptroller or claims which have been approved by the Councilor are in accordance with the ordinances of the City. (12) He shall render to the City Comptroller and City Manager after every deposit recorded a monthly report as to the status of all monies, securities and accounts receivable and ~ collections thereof for which he is responsible. (13) He shall collect and receive all monies due the city, except as otherwise provided in this ordinance, in accordance with the State law or ordinances of the City, and rules and regulations governing the status and completion of the credit and collection of accounts. (14) He shall recommend to the City Manager rules and regu- lations governing the establishment of credit and the collection of accounts receivable, and the deposit and security of all monies in all departments of the City, and he shall administer such rules and regulations as may be adopted. (15) He shall conduct tax sales and shall act as redemption officer for the City. (16) He shall receive and approve all applications for utilities, services, and/or the establishment or discontinuance of services, in accordance with the rules and regulations estab- lished for that purpose. (17) He shall be responsible for the proper reading of all meters used in connection with the sale or rental of utility services. (IB) He shall keep and maintain appropriate files and records for the accomplishment of his function. (Ordinance No. 340, passed February 15, 1965) (19) All contracts, except as otherwise provided herein, shall be authorized by the Council and shall be signed on behalf of the City by the City Manager and the City Clerk-Treasurer, after having been a~proved as to form by the City Attorney. ~_. (Home Rule Charter, Chap. 12, Sec. 12.1 (b) (20) He shall have power to administer all oaths required by law. (Home Rule Charter, Sec. 5.5, paragraph (c) Section 2.103 CITY COMPTROLLER A. Duties: (1) He shall formulate and recommend to the City Manager policies and procedures on accounting, auditing, budgeting, pre- paration and payment of payrolls and tax matters when directed by the City Manager, billing, and drawing of warrants and payment of properly approved claims against the City, and other financial matters. (2) He shall administer such policies and procedures, des- cribed in the preceding section, when approved by the City Mana~ ger, and conduct such activities for the City. (3) He shall prescribe, subject to the approval of the City Manager, the form in which the budget is presented for adoption. (4) He shall prepare and maintain the cost accounting books of the City and records reflecting the unencumbered balances, and such other records as may be appropriate for the fulfillment of his function. (5) He shall prepare all financial statements and reports for the City, and in particular (a) shall render annual and quarterly reports to the Council, reflecting revenues and expen- ditures of the several departments: (b) shall render a current monthly statement to the City Manager reflecting unencumbered balances for all accounts administered by the City Manager or ~ .t departments coming under his control. (6) He shall review the proposed annual budget for all offices and departments of the City and consolidate them into a proposed annual City budget, for presentation to the Council by the City Manager. (7) He shall establish procedures for the operation of the City's insurance program, shall have custody of all insurance policies, and shall keep the Council advised as to the status and expiration date of all insurance policies. (8) He shall be responsible for the maintenance of an inventory of all property, equipment and supplies owned by the City. (9) He shall prescribe procedures for the accounting and billing in all departments of the City. (10) He shall perform such other duties as may be required by the City Manager. (Ordinance No. 340, passed Feb. 15, 1965) Section 2.104 CITY ATTORNEY A. Duties: (1) He shall advise the Council and the City Manager, and boards, commissions and all officers and departments of the City, on all matters of law. (2) He shall draft and assist in drafting of all ordinances, resolutions, agreements and contracts to be made or entered into by the City, and approve the forms of such instruments. (3) He shall prosecute violators of the City ordinances and shall represent the City in all actions at law. r (4) He shall perform such other duties as may be required by the Charter, the City Manager, or as the Council may require of him. (Ordinance No. 340, passed Feb. 15, 1965) Section 2.105 DEPARTMENT OF ADMINISTRATION This department shall be under the direction of the City Manager and shall be composed of the following divisions, which shall have the functions hereinafter set forth, and such others as may be delegated. Section 2.106 DIVISION OF CENTRAL SERVICES This division shall be under the supervision of the City Clerk, or such person as he may designate, who shall be account- able to the City Manager. A. This division shall provide telephone, mail and messen- ger service for all City departments. B. This division shall provide an information service at City Hall. C. This division shall provide mimeographing and other dupliC"ating ra~ilities for all City departments. D. This division shall provide centralized office machine operation for all City departments, when such centrali~ed opera- tion is considered advisable. E. This division shall provide office supplies, etc., for all City departments. F. This division shall provide such other services as may be required of it by the City Manager. ~ Section 2.107 DIVISION OF PURCHASES AND STORES This division shall be under the supervision of the City Manager or such person as he may designate, who shall be account- able to the City Manager. His duties shall be as follows: A. He shall make all purchases required by the various departments, divisions, offices, sections and units of the City government, in conformity with the central procedures established for that purpose. B. He shall operate and maintain the warehouse and storage facilities of the City and such control records as are necessary for the proper inventorying of stocks and supplies. C. He shall prepare and obtain and maintain standard spec- ifications for materials and supplies and equipment Whenever practicable. D. He shall keep in form and maintain records as to the sources of supply for all classes of purchases, bids, price quo- tations and other related items. In addition, he shall cooperate with the City Comptroller, keeping inventory records of all equip- ment and major items of supply owned by the City, and in making periodic inventories. E. He shall advise and assist the City Manager in the form- ulation of policies and procedures in connection with the pur- chasing activities of the City. F. He may be authorized to sign for the City Manager pur- chase orders which do not exceed $150.00 in value, in conformance with control procedures ~stablished for that purpose. ~- G. He shall perform such other duties as may be required of him by the City Manager. Section 2.108 DIVISION OF BUILDING AND EQUIPMENT MAINTENANCE This division shall be under the supervision of the City Manager or such person" as he may designate, who shall be account- able to the City Manager. His duties shall be as follows: A. He shall operate the City garage and machine shop, keep- ing a record of the work performed by these sections and other departments of the City. B. He shall maintain and operate the physical plant of the City regarding the assignment of space, the maintenance of build- ings, and the recommendation of such rules and regulations as are proper for the efficient use of the City facilities. C. He shall keep the operating records of all motorized equipment used or operated by the city. D. He shall coordinate the needs of the several departments, except the Fire Department, for motorized equipment and the over- all needs of the City for motorized equipment, and make general recommendations to the City Manager in connection with the pur- chase or rental of motorized equipment. E. He shall recommend to the City Manager rules and regula- tions governing the use and care of mechanical equipment used by the various departments of the City, except motorized equipment used and operated by the Fire Department. F. He shall actively supervise a preventative maintenance program for all mechanical equipment owned or operated by the City. r- - G. He shall be responsible for and direct the maintenance of all public buildings and mechanical equipment owned or opera- ted by the City, and shall establish a maintenance program, including janitorial services, for the upkeep of all public buildings owned or operated by the City, and shall report regularly to the City Manager the condition of such buildings. H. He shall perform such other duties as may be required of him by the City Manager. Section 2.109 DIVISION OF PERSONNEL This division shall be under the supervision of the Person- nel Officer, who shall be accountable to the City Manager. His duties shall be as followsr A. He shall be responsible for the management and adminis- tration of the Personnel Programs, in accordance with the rules and regulations established by the merit system. B. He shall follow such personnel procedures and practices as may be approved by the City Manager. C. He shall administer control procedures for the recruit- ment, employment and promotion of the personnel of the City. D. He shall prepare and maintain such job and position classifications and specifications as may be required. E. He shall keep and maintain complete personnel records. F. He shall coordinate such an employee safety program as may be directed by the City Manager. G. He shall coordinate and administer such employee-in- service training programs as may be directed by the City Manager. H. He sh:::.L ;;,'~"fc'-m such other duties as may be required of him by tl:. (: -i Iv!anager. Section 2.110 DIVISION OF POLICE This division shall be under the direction of the Chief of Police, who shall be accountable to the City Manager. His duties shall be as follows: A. He shall formulate and recommend to the City Manager policies and procedures pertaining to the enforcement of rules and regulations for the government and operation of the Police Department, and shall administer such policies and procedures when approved by the City Manager, and shall conduct such activi- ties for the City. B. He shall be responsible for the preservation of public peace and order in the prevention and detection of crime, and apprehension of offenders, the protection of persons and of prop- erty, and the enforcement of the law. C. He shall hf.:l "::"0sponsihle for "the operation of the juven- ile law enforcel!l~nt p:.-rsr:1!ll of t:h~ City. D. He shall 0;"(J:,: ") tf~ th~ '7~ '::'[ ~''''.l 1. E. He shall \Y,e,~'<lt.." ~:l',,~ 1 "'1ui.p:r.",nt as necessary for the fulfillment of hin ,(1:',:UC t ,,0::'. F. He shall CCfll\Tf"> a1:;, t:r:afn.r:: :::ogulations G. He shell ncv;_';~ U"_(: (~i ty M.anage~ of matters concerning traffic control. H. He shall sell :;nnually, unclaimp.d property at public auction, or as specifi~(!, by J a,I:. I. He shall depoGit with the City Treasury within three days such funds as may be collected in the course of the opera- tion of his department, and at no time retain more than $25.00 in his possession. J. He shall perform such other duties as may be required of him by the City Manager. (ordinance No. 340, passed Feb. 15, 1965) ~ -~- Section 2.lll FIRE DIVISION This division shall be under the direction of the Fire Chief, who shallbe accountable to the City Manager. His duties shall be as follows: A. He shall formulate and recommend to the City Manager policies and procedures pertaining to the enforcement of rules and regulations for the government and operation of the Fire Department. B. He shall administer such policies and procedures when approved by the City Manager, and shall conduct such activities for the City, set forth in the preceding section. C. He shall be responsible for the prevention of fires, the protection of life and property against fires, and the re- moval of fire hazards. D. He shall be responsible for rendering of emergency services for which his department is equipped. E. He shall recommend to the City Manager policies and procedures pertaining to the prevention and control of fires. F. He shall be responsible for the construction, mainten- ance and repair of all fire alarm facilities. G. He shall be responsible for inspecting business and other premises for fire hazards, and for the enforcement of the fire prevention code. In addition, he shall conduct educational fire prevention programs. H. It shall be the duty of the Fire Chief to notify the Borough Assessor and Building Inspector of all property damage ~ caused by' fire. I. He shall operate and be in charge of such equipment as is necessary for the fulfillment of his function. H. He shall perform such other duties as may be required of him by the city Manager. (Ordinance No. 340, passed Feb. 15, 1965) Section 2.112 ANIMAL SHELTER MVISIOfl This 'fi..-.:i.8!OO shall be under the direction of the Chief of Police, who shall be aocountable to the City Manager. His duties shall be as follows: A. He shall formulate and recommend to the City Manager policies and procedures relating to the care and control of animals and shall administer such policies and procedures when approved by the City Manager, and shall conduct such activities for the city. B. He shall enforce all ordinances, and State laws, relat- ing to the care of, control, impounding and registration of all animals. C. He shall conduct the sale of animals as directed by law. D. He shall deposit with the City Treasurer within three days such funds as may be collected in the operation of his department. E. He shall recommend to the City Manager a schedule of fees or rates to be charged for th~ car@ and ma;ntenan~e of privately owned animals. ~ (F) He shall be responsible for the destruction of animals in accordance with the ordinances of the City. (G) He shall perform such other duties as may be required by the city Manager. Section 2.113 DIVISIO~ OF PUBLIC WORKS AND ENGINEERING 'this d!.1sion shall be under the direction of the City Engineer, and the Public Works General Foreman, who shall be accountable to the City Manager. His duties shall be as follows: A. He shall formulate and recommend to the City Manager policies and procedures for planning, design, construction, main- tenance and repair and improvement of all public works and places owned or operated by the City. B. Except as otherwise provided in this code, he shall administer such policies and procedures When approved by the City Manager and shall conduct such activities for the City. C. He shall provide such technical services to other de- partments as the City Manager may direct. D. He shall coordinate the engineering and planning acti- vities of the utilities owned and operated by the City, on matters of mutual concern, between the several utilities and the Department of Public Works and Engineering. E. He shall proceed as directed by law on all matters requiring his official action. F. He shall inspect all construction work done by and for the City and require compliance with all contracts made in connection therewith. ., ._____~._._._.__.__~_.__c ,~,___,.___.~. ~ G. He shall have subject to his approval all progress pay- ments for construction work done by the City, and file notice of completion thereof with the City Manager and the City Comptroller. H. He shall act as superintendent of streets in all matters required by that position. I. He shall prepare or cause to be prepared all official maps of the City, and shall keep and maintain such records as are necessary for the fulfillment of his function, and shall record thereon any changes on the official copy, which shall be maintained and filed by the City Clerk. J. He shall act in an advisory capacity for the Planning Commission on all matters of engineering nature affecting the city. K. He shall be responsible for ~nd maintain all markings for traffic control placed upon the streets or curbs. L. He shall be responsible for the function of traffic engineering for the City. M. He shall operate such equipment as is necessary for the fulfillment of his function. N. He shall recommend to the city Manager a schedule of fees and rates to be charged for services performed by his department. Section 2.114 DIVISION OF BUILDING INSPECTION This division shall be under the supervision of the City Manager, or such person as he may designate, who shall be accountable to the City Manager. His duties shall be as follows: ar;:. ~. ~p ~h211 enforce all laws of the State of Alaska, and all ordinances of the City of Seward, regulating buildings, housing, fire zones, plumbing, heating and electrical appliances and insulations. B. He shall issue permits in conformity with the codes and laws applicable to building inspection. C. He shall provide the office of the Borough Assessor with copies of all building permits, demolition permits and such other records of changes which would affect the assessed valua- tion of the buildings and improvements. D. He shall perform such other duties as may be required of him by the City Manager. Section 2.115 DIVISION OF WATER This division shall be under the direction of a utility General Foreman, who shall be accountable to the City Manager. His duties shall be as follows: A. He shall formulate and recommend to the City Manager pOlicies and procedures pertaining to the management, operation, design, development, construction, repair, maintenance and improvement and the extension of water utilities owned or oper- ated by the City. He shall administer such policies and proce- dures when approved by the City Manager and shall conduct such activities for the City. B. He shall advise and assist the City Manager in formulat- ing proposals and recommendations to the City Council, and rate schedules to be used in the sale of utility services coming ~ within his province. C. He shall operate such equipment as necessary for the fulfillment of his function. D. He shall keep and maintain such maps and records as are necessary for the fulfillment of his function, and shall record thereon any changes on the official copy, which shall be main- tained and filed by the City Clerk. E. He shall cooperate and coordinate his efforts with the Fire Department in the installation, repair and maintenance of a water system adequate for the needs of the Fire Department. F. He shall be responsible for the rendering of necessary services in answer to customer's inquiries arising out of ~e operation of the utilities under his control. G. He shall perform such other duties as may be required of him by the City Manager. Section 2.116 DIVISION n~ LIGHT AND POWER This division sh~11 be under the direction of a Light De- partment General Forema.n, who shall be accountable to the City Manager. His duties shall be as follows: A. He shall formulate and recommend to the City Manager policies and procedures pertaining to the management, operation, design, construction, repair, development, maintenance, improve- ment and extension of the electric and power utilities owned and operated by the City. B. He shall keep and maintain such maps and records as are necessary for the fulfillment of his function, and shall record r- thereon any changes on the official copy, which shall be main- tained and filed by the City Clerk. C. He shall install and maintain as directed electrical traffic control devices Of the City. D. He shall maintain and operate as directed the street lighting system of the City. E. He shall advise and assist the City Manager in formulat- ing proposals and recommendations to the City Council, and rate schedules to be used in the sale of utilities coming under his and within his province. F. He shall be responsible for rendering of necessary ser- vices in answer to customers' inquiries arising out of the operation of the utilities under his control. G. He shall perform such other duties as may be required of him by the City Manag~r. Section 2.117 DIVISION OF RECRE~TION This division ~h~ll bp. under the supervision of the City Manager, or such perRon ~s he may designate, who shall be accountable to the City Manager. His duties shall be as follows: A. He shall formulate and recommend to the City Manager policies and procedures in connection with the management, operation and control of municipal playgrounds, swimming pools, community centers, camps, theatres, gymnasiums, museums and athletic fields and activities connected therewith. He shall administer said policies and procedures when approved by the City Manager, and shall conduct such activities for the City. r=-- B. He shall recommend to the City Manager, as directed, a schedule of fees and rates to be charged for the services of his department. C. He shall perform such other duties as may be required of him by the City Manager. Section 2.118 CITY PLANNING DIVISION This division shall be under the direction of the City Manager, or such person as he may designate, who shall be accoun- table to the City Manager. His duties shall be as follows: A. He shall make studies and reports as may be required by the City Manager. B. He shall recommend proposals and procedures to the City Manager pertaining to the land use and development, and use and development of public properties, and special zoning matters, and shall cooperate with the Building Offidal and the Fire Chief in coordinating fire zones and land use zones. C. He shall advise the public on matters relating to planning procedures as outlined by law, and receive and transmit to the proper authorities requests of the public which shall be within the province of the City Planning Division. D. He shall cooperate and coordinate the work of his division with technical assistance to the Planning Commission. E. He shall maintain such maps and records as shall be necessary for the fulfillment of his function: and shall record any changes on the official copy of any such maps, which shall be maintained and filed by the City Clerk. F. He shall act as zoning administrator in all matters required of that division. G. He shall perform such other duties as may be required by the City Manager. Section 2.119 EMPLOYEES WORKMEN'S COMPENSATION BENEFITS The City shall carry a special insurance program to compen- sate claims for injuries, sickness, disability or death of its officers or employees arising out of and during the course of their employment. ~.. A. Procedure for Filinq Claims: (l) Notice by Employee: To be a valid claim against the City of Seward, written signed notice of injury or death sus- tained during work hours while employed by the City shall be given to the City Clerk or City Manager by the injured employee, or in the case of death by a person in behalf of the employee, within twenty-four (24) hours of the occurrence, on forms provi- ded by the City. In the event an employee is physically unable to give written notice within twenty-four (24) hours of the occurrence, his immediate supervisor or such other City employee as may have been witness to the occurrence shall give an interim written notice to be either countersigned by the injured employee when he is able to do so or to be replaced by the signed written notice of the injured employee within twenty-four (24) hours of thA time he is physically able to give such notice, but in no instance later than twenty-eight (28) days after the occurrence. If the injured employee is physically unable to sign the interim or replacement notice within twenty-eight (28) days of the occur- rence, a person in behalf of the injured employee shall give such notice. If two or more City employees are present at serious injury or apparent death of a City employee, one shall immediately verbally notify the City Manager of the occurrence and the one most capable of doing so shall take charge of secur- ing medical care and, if qualified, administer first aid. The notice of injury forms required and provided by the City shall contain all of the information required by the Alaska Workmen~s compensation Act. The employee or person in his behalf shall supply all of the required information. (2) Notice by City: The City Clerk or City Manager shall give written notice containing all of the information required by the Alaska workmen's compensation Act, of such injury or death, to the Alaska workmen's Compensation Board for the City and for the employee (to fulfill the responsibility of the em- ployee under AS Sec. 23,30.100), and in duplicate to the City's insurance agent as soon as possible but not later than thirty (30) days following the occurrence. (3) Medical Information: To be a valid claim against the City of Seward, if there is medical expense, the injured person, or a person in his behalf if he is physically unable to do so, or\in case of death, a person in his behalf claiming to be en- titled to compensation for the death or a person in his behalf shall (a) cause a written signed report in quadruplicate, on forms provided by the City, to be made to the City Clerk or City Manager by the attending licensed physician, and containing all of the information required by the form as provided therein. The first and final report from the attending physician may be com- bined, if treatment is concluded, and the report submitted within thirty (30) days: otherwise interim reports at thirty (30) day intervals or at such intervals as required by the City or by the Alaska Workmen's Compensation Board shall be sUbmitted to the City: (b) deliver to the City properly identified billings in r-.- triplicate for all medical expense related to such injury or death. (4) The City Clerk or City Manager shall promptly transmit the report of the physician and medical bills to the Board and in duplicate to the City's insurance agent. B. Hospitalization, Medical, Loss of Income and Disabilitv Benefits as Provided bv Workmen's Comp~n~ation Law The City shall provide hospitalization and medical benefits as required by law. C. Requirement of Claims Claims shall be filed with the City Clerk, subject to the time as prescribed by law and filing of said claims shall be notice to employer as provided, relating to Workmen's Compensa- tion. A report of injury shall be immediately signed by the employee's immediate supervisor, including names of witnesses whenever possible. Section 2.120 EMPLOYEES GROUP INSURANCE BENEFITS A. Permanent employees working not less than six (6) hours per day or thirty (30) hours per week, and their dependents, are insured by the City under contract with a private insurance com- pany for loss of life, disability, loss of income, and expenses for hospitalization and medical treatment, all up to certain limits and under certain conditions, as a result of death or accident occurring during other than their working hours and as a result of illness other than illness caused or due to working conditions. B. To be a valid claim against this insurance contract, the employee shall file with the City Clerk, in writing and in triplicate, on forms provided by the City, a claim containing all of the supporting reports, data and bills required by said forms. C. Potential claims must be reported immediately. Instruc- tions as to frequency of written claims will be given at this time. D. Insurance commences on the first of the month following three (3) full months employment on a permanent basis. ~ THE CITY OF SEWARD ADMINISTRATIVE CODE DIVISION III - ADMINISTRATIVE POLICY AND PROCEDURE Section 3.100 ADMINISTRATIVE OFFICERS OF THE CITY The following shall be considered as administrative offi- cers of the City: A. City Clerk B. City Attorney C. City Comptroller D. City Treasurer E. City Manager Section 3.101 APPROVAL OF CITY MANAGER'S APPOINTMENTS Appointments to the following positions shall be made by the City Manager, with approval of the Council: A. Chief of Police B. Fire Chief C. Custodian and Humane Officer D. City Comptroller E. Public Works General Foreman F. Utility General Foreman G. Electric General Foreman Section 3.102 DUTIES OF OFFICERS Each officer shall perform all duties of his office re- quired by State law, the Charter, and ordinances of the City, and such duties not in conflict therewith as may be required either by the councilor the City Manager. whichever appoints him. ~~~ Section 3.103 GENERAL RESPONSIBILITIES The head of each division shall be immediately responsible to the City Manager for the effective administration of his re- spective division and all activities assigned thereto. In the case of vacancy in office, or during the absence of any division head, the City Manager may designate an interim acting head, with the approval of Council. All division heads shall keep in- formed as to the latest practices in their particular fields and shall inaugurate, with the approval of the Councilor the City Manager, whichever is appropriate, such new practices as appear to be for the benefit of the municipal service and the public. Section 3.104 RULES AND REGULATIONS The City Manager may prescribe and enforce such rules and regulations as may be deemed necessary for the operation and management of all office~/givisions coming under his control, and may recommend to the Council for approval rules and regula- tions for the management of all offices and divisions of the City. The City Manager shall communicate to all parties under his jurisdiction the enactment of such rules and regulations. Section 3.105 RELATIONSHIPS All division heads shall advise and assist all other division heads on matters within their respective provinces, and shall coordinate their activities and cooperate with each other on matters of mutual concern. Section 3.106 DELEGATION OF DUTIES Any d~vision head may delegate to members of the divisions - coming under his direction such duties and responsibil~ties ~g he deems advisable, together with proportionate authority for their fulfillment, but in no case may he delegate his overall responsibility or any of his accountability. Section 3.107 PRESERVATION OF RECORDS Each division head shall be responsible for the preservation of all records under his jurisdiction, and shall provide a sys- tem for filing and indexing the same. No records, reports, cor- respondence or other data relative to the business of any divi- sion shall be destroyed or removed permanently, unless authorized by the City Manager. Section 3.108 DIVISIONAL RECORDS AND REPORTS Reports of the activities of each division shall be made to the City Manager when he so desires, and an annual written re- port shall also be filed with the City Manager within thirty (30) days after the end of the fiscal year. Such reports shall be in proper form and in sufficient detail to furnish adequate informa- tion for the proper control of divisional activities. Section 3.109 HOLIDAYS For the transaction of municipal business of the City, the following days are declared to be holidays, on which municipal business may be suspended: Every Sunday, New Year's Day, Washington's Birthday, Seward Day, Memorial Day, Independence Day, Labor Day, Alaska Day, Veterans' Day, Thanksgiving Day, Christmas Day, and every Saturday, and such other days which may be proclaimed holidays by the Mayor. r In the event any of the aforementioned days, except if Saturday or Sunday, fall on Saturday or Sunday respectively, the following Monday shall be considered as a holiday. Section 3.110 PUBLIC LIABILITY INSURANCE A. The City shall not be liable in damages for injury to person or property by reason of negligence of the City, unless, within sixty days after such injury occurred, the person damaged, or his representative, causes a written notice to be served upon an officer of the City upon whom process may be served by law. Such notice shall state that such person intends to hold the City liable for such damages and shall set forth substantially the time and place of the injury, the manner in which it occurred, the nature of the act or defect complained of, the extent of the injury so far as known, and the names and addresses of witnesses known to the claimant. B. No person shall bring an action against the City for damages to person or property arising out of any of the reasons or ctta~cesaforesaid, unless brought within the period pre- scribed by law, nor unless he has first presented to the Clerk a claim in writing and under oath, setting forth specifically the nature and extent of the injury and the amount of damages claimed. The Clerk shall refer the claim to the City Manager, who must promptly thereafter present such claim to the Council for action. C. Failure to give notice of injury or present a claim within the time and in the manner provided shall bar any action r---- '!'HE CITY OF SEWARD ADMINISTRATIVE CODE DIVISION IV - FISCAL PROCEDURES Section 4.100 FISCAL YEAR The fiscal year of the City shall begin on July 1 of each year, unless otherwise provided by law. (Horne Rule Charter, Chap. 6, Sec. 6.1) Section 4.101 BUDGET STATEMENT OF CITY MANAGER During or prior to the third week in May, the City Manager shall present to the Council a budget proposal for the next fiscal year of the City. Such budget proposal shall set forth the City Manager's recommendations concerning and an analysis of anticipated income and expenditures of the City during the next fiscal year. The proposed expenditures set forth in the budget proposal shall not exceed the expected revenues of the City. Unencumbered funds remaining at the end of the current fiscal year may be reallocated for purposes set forth in the budget proposal. (Horne Rule Charter, Chap. 6, Sec. 6.2) Section 4.102 BUDGET ADOPTION PROCEDURE The budget proposal of the City Manager shall be reviewed by the Council and shall be available for public inspection in the office of the City Clerk. Council shall direct that a public hearing on the budget proposal shall be held not less than one (1) week before its final adoption. Notice of the public hearing shall be published in a newspaper by the City Clerk at least one (1) week prior to the date of hearing. At a regular meeting held not less than ten (10) days prior to the end of the fiscal r=--u upon such claim. D. This section shall not be deemed to waive any defense of immunity which the city may have from claims for damages arising out of negligence, but shall apply in all cases where such defense is not available to the City. E. Any employee of the City involved in any occurrence resulting in injury to property or persons other than City property or City employees, or any City employee witnessing such an occurrence shall (1) immediately secure or provide emergency care for injured persons or (2) immediately secure or provide emergency warning devices to prevent further injury to property: (3) immediately thereafter report such occurrence in writing to the Chief of Police on forms provided by the City and including any ,additional information he may require: and (4) in case of serious injury, immediately verbal notice shall be given to the City Manager: and (5) the complete report describing in detail the above stated elements of a potential claim against the City and including names and addresses of witnesses, shall be re- ferred to the City Manager and the City Clerk. F. No employee of the City may acknowledge liability in damages for injury to persons or property. G. Any occurrence involving injury to both a City employee or City property and to persons other than City employees or other than City property shall be reported and processed in compliance with the procedures applicable to both Workmen's Compensation (Section 2.119 herein) and Public Liability Insurance (Section 3.110 herein), and the foregoing. r< year, the Council shall, by resolution, adopt a budget for the following fiscal year and make appropriation of the money needed therefor. If the Council does not adopt a budget prior to the third day preceding the commencement of the next fiscal year, it shall be held to make an appropriation therefor, without any further Council action. (Home Rule Charter, Chap. 6, Sec.6.3) Section 4.103 CONTINGENT ACCOUNT The budget may contain contingent accounts which shall read as follows: HThe contingent account of the City shall be expen- ded only on written authorization of the City Manager for items for which no provision or insufficient provision has been made by the appropriations contained in the budgetJ' Expenditures from the contingent account shall be reported monthly in the Comptroller's report to the Council. Section 4.104 SYB"lBIl 01' ACCOUNTS All City accounts shall be kept in the form prescribed by the budget. Section 4.105 UNENCUMBERED BALANCES SHALL BE REFLECTED A. The necessary accounting records shall be maintained to reflect the unencumbered balances of all appropriations. In determining the unencumbered balances of appropriations, the estimated amounts of committments for goods or services ordered bat not paid for shall be taken into consideration, and the Comptroller shall submit to the Council and the City Manager a monthly report of all unencumbered balances. B. Unencumbered appropriation balances may be transferred to any department by the City Manager at any time. At the re- quest of the City Manager, or on its own initiative, the Council may transfer unencumbered balances from one office, department or agency to another. (Home Rule Charter, Chap. 6, Sec. 6.4) C. The City Manager shall submit periodically to the Council information comparing estimated and actual revenues and expenditures to the end of the preceding month. (Home Rule Charter, Chap. 6, Sec. 6.4). Section 4.106 CITY EXPENDITURES A. Every undertaking of the City of Seward involving the expenditure of City money shall be in writing, in the form of a purchase order, credit card, travel voucher, or of a contract, as may be appropriate, and no officer or employee of the City shall have authority to enter into any oral agreement involving the expenditure of money. The City Manager and City Clerk shall sign all contracts on behalf of the City, and the City Manager and the Comptroller shall sign all purchase orders. B. The City Manager is hereby authorized to bind the City by purchase order without advertising or previous action by the City Council for the payment for labor, services, materials or other valuable considerations, to be furnished to the City, or for the lease or purchase of real property in amounts not exceeding One Thousand Dollars ($1,000.00) in anyone item, with the exception that in the Electric Light and Power Division this amount shall not exceed Two Thousand Dollars ($2,000.00) in any one item; provided, however, that all efforts have been made to ~ , provide the City of Seward with the lowest and best prices ob- tainable. This may be accomplished by requesting written quota- tions or advertising for sealed bids. The City Manager may re- ject any or all quotations and bids and may waive minor irregu- larities in the quotations or bids. Whenever in the best interests of the City, local vendors shall be used. C. Purchase orders may be used in contracting for skilled or unskilled labor or for labor and materials when the total cost does not exceed One Thousand Dollars ($1,000.00, where the labor or materials desired are in fact a single purchase or operation. Separate purchase orders shall not be issued for the purpose of avoiding the limitations of this section. D. Purchase orders shall be issued upon requisitions signed by the head of the division. All requisitions shall be filed with the purchasing agent and no purchase shall be made until an order has been obtained from him. E. In the absence of the City Manager, a person designated by him, in writing, is hereby authorized to sign for the City Manager purchase orders for materials, supplies and equipment which do not exceed One Hundred Fifty Dollars ($150.00) in value, in conformance with control procedures to be established by the City Manager for that purpose. Section 4.107 BID PROCEDURES A. When the cost of equipment, supplies and materials and/or labor required by the City exceeds the sum of One Thous- and Dollars ($1,000.00), the City Manager shall call for bids by ~ advertising at lease once in a newspaper of general circulation in the City, not less than two (2) weeks prior to the date set for receiving bids. B. All bids must be accompanied by cash, a certificate of deposit or certified check or draft, or a cashier's check or a draft on some responsible bank in the United States, in favor of and payable at sight to The City of Seward, for an amount equal to five per cent (5%) of the bid. If the bidder to whom the contract is awarded shall, for fifteen (15) days after such award, fail or neglect to enter into a contract and file the re- quired bond, the City Clerk shall draw the money due on said certificate of deposit or check or draft, and pay the same or any cash deposit into the treasury, and under no circumstances shall it be returned to the defaulting bidder. In lieu of the foregoing, any bid may be accompanied by a surety bond in the said amount, furnished by a surety authorized to do a surety business in the State of Alaska, guaranteeing that said bidder will enter into a contract and file the required bond within said period. C. All bids shall be placed in a sealed envelope and de- livered to the City Clerk, and opened by the City Manager, or a person designated b~him, in public, at the time and place designated in the notice inviting bids. The contract shall be let to the lowest and best bidder, by the City Council. The City Council may reject any or all bids and may waive minor irregularities in the bids. - -._. ~..'T'."'-"''''''''''''''''"",",,".'~~~_ ~- D. The City Treasurer shall return to the unsuccessful bidders their certificates of deposit, drafts, checks or cash, and shall retain the certificate of deposit, check, draft or cash of the successful bidder until after the approval of the bond or other security furnished by said bidder for the faith- ful performance of his contract, and then shall return such certificate of deposit, check, draft or cash to the said success- ful bidder. E. Restrictions and provisions of this section shall not apply to contracts for individual services requiring special knowledge and judgment or professional services, or for the purchase of a patented article, or where an emergency makes the delay incident to competitive bidding unreasonable, or to the placement of insurance coverage. Section 4.108 EXAMINATION OF CLAIMS The Comptroller shall examine all payrolls, bills, claims and other demands of the City, and shall issue no warrant for payment unless the claim is im proper form, correctly computed and approved, is legally due and payable, and appropriation has been made thereof which has not been exhausted, and unless there is sufficient money in the City treasury to make payment. Section 4.109 CERTIFYING PURCHA~-9BD~~_AND CONTRACTS The City comptroller shall attach to each contract a certi- ficate signed by the City Comptroller, and there sha~~ b~ attacnpd to and included in each purchase order a certificate of the City Comptroller that the established amount of money to meet the r-- ~n_ obligation of the City by such contract or purchase c~~~~ : . been lawfully appropriated and in the proper form and in the process of collection to the credit of the fund involved, free from any prior encumbrance. In the case of a contract which continues beyond the current fiscal year, and to involve expen- ditures of money in future years, the Comptroller shall only certify as to money estimated to be paid by the City thereunder during the current fiscal year. Section 4.110 PAYMENT OF CLAIMS A. The City Comptroller shall pay claims for which appro- priations have previously been made, when the claim was incurred by purchase order as herein provided, or by agreement approved by the City Council. B. The City Comptroller shall require invoices to be sub- mitted to him by the vendors, and that the head of the department or division of the City concerned shall submit to him a copy of the purchase order so certified to the effect that the goods or services for which the purchase order and invoices are rendered have been delivered in the manner, quantity and quality speci- fied, prior to the issuance of the City's warrant and payment thereofr whereupon the City's warrant shall be properly issued in payment. C. Claims for transportation expenses and allowances sub- mitted in connection with traveling on official business shall be allowed by the City Comptroller only when such expenses have been approved in advance by the City Manager and are submitted r- on proper forms provided by the City and certified by the claimant. Section 4.111 CREATION OF DEBTS Neither the Council nor any officer or employee of the City shall create, audit, allow or permit to accrue any debt or lia- bility for any purpose in excess of available monies in the treasury legally apportioned or appropriated for that purpose. Section 4.112 MONIES All money collected by agencies of the City shall be deposited with the City Treasurer within three days after collection. Section 4.113 REVENUES AND SECURITIES All revenues and proceeds from securities owned by the City shall be collected by the City Treasurer promptly when due and reported immediately by him to the City Comptroller. Section 4.114 DEPOSIT OF SECURITIES All securities shall be deposited in a safe deposit box in a bank which is approved by the Council, to which access shall be had only upon the signature of the City Manager and the City Treasurer or his deputies. Section 4.115 CANCELLATION OF ACCOUNTS RECEIVABLE AND REFUNDS OF ERRONEOUS PAYMENTS A. The City Comptroller may, on approval of the City Manager, cancel any account receivable except bill s which may become a lien against property for taxes, but shall report such cancellations to the City Council. Bills Which may become a lien against property may be cancelled only upon writt"en formal r claim by the owner when supported by substantial evidence of its propriety and approved by the City Council. B. Any refunds of over-payments or erroneous payments may be made by the City Comptroller, with the approval of the City Manager; provided, however, that utility customers' deposits can be refunded by the City Comptroller with the approval of the City Treasurer. Section 4.116 PAYROLLS Payrolls shall be submitted to the City Manager for appro- val, and upon approval the City Comptroller shall issue his warrants in payment thereof when due. It shall not be necessary for the City Comptroller to encumber in advance or to certify as to the availability of funds appropriated for personal services, except those obtained on a contractual basis; provided that upon issuance of such warrants, the City Comptroller shall immediate- ly cause the appropriate funds to be encumbered to the extent of the warrants issued. Section 4.117 INSPECTION A. Prior to the making of partial or final payments on contracts, the City Manager and the City Engineer shall certify that the conditions of the contract for which payment is made have been complied with. In the case of partial payments, such payments shall be made on estimates of the amount and value of work accomplished. The certificates or estimates shall include on the amount and value of the work accomplished, the materials used, since any preceding estimate. Such certificates or r' estimates shall further indicate that if a greater proportion G~ the contract has been performed by the contracting party, than that which is represented by the request for partial payment, the request only shall be paid, in addition to any preceding partial payments. Upon receiving said certificates, estimates or invoices properly certified, the City Comptroller shall then issue warrants in payment. B. The responsibility for the inspection and acceptance of all materials, supplies and equipment shall rest with the division head concerned. Section 4.118 SALE OF PROPERTY Whenever the head of any department shall make a written finding that any personal property of the City is no longer needed for corporate or public purposes, the same may be offer- ed for sale, when the written findings have been approved by the City Manager. The sale shall be held in accordance with the procedure followed in theawardiog of purchases, but to the highest responsible bidder. r~ THE CITY OF SEWARD ADMINISTRATIVE CODE DIVISION V - CIVIL DEFENSE AND DISASTER Section 5.100 PURPOSES The declared purposes of this division are to provide for . the preparation and carrying out of plans for the Civil Defense of persons and property within this City, in the event of a disaster from natural or man-made causes or acts of war, and to provide for the coordination of the Civil Defense and Disaster functions of this City, with all other public agencies and effective private persons, corporations and organizations. Any expenditures made in connection with such Civil Defense and Disaster activities, including mutual aid activities, shall be deemed exclusively to be for the protection and benefit of the inhabitants and property of the City of Seward. Section 5.101 DEFINITIONS The following words and phrases, whenever used in this division, shall be construed as defined in this section: A. Civil Defense - shall mean preparation for and carrying out of all emergency functions other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from disaster. It shall not include nor does any provision of this division apply to any condition resulting from a labor controversy. B. Disaster - shall mean actual or threatened enemy attack, sabotage, air pollution, extraordinary fire, flood, storm, epidemic, riot, earthquake or other similar public calamity. C. State of Extreme Emerqency - shall mean the duly ~-c----------_~____n_- proclaimed existence of conditions of extreme peril to the safs- ty of persons and property within the city of Seward caused by an enemy attack, or threatened attack, or other cause such as air pollution, nuclear or chemical accident, fire, flood, storm, epidemic, riot, earthquake, which conditions, by reason of their magnitude, are or are likely to be beyond the control of the ser- vices, personnel, equipment and facilities of the City, and re- quire the combined forces of mutual aid to combat. A state of extreme emergency exists immediately and without proclamation thereof by the Governor whenever the State of Alaska is attacked by an enemy of the United States or upon receipt of warning from authorized Federal or State agency indicating that such an enemy attack is probable or imminent. A state of extreme emergency does not include, nor does any provision of this division apply to a condition resulting from a labor controversy. D. State of Disaster - shall mean the duly proclaimed existence of conditions of extreme peril to the safety of per- sons and property within the City caused by such condition as air pollution, nuclear or chemical accident, fire, flood, storm, epidemic, riot or earthquake, or other conditions, except as a result of war-caused disaster, which such conditions by reason of the services, personnel, equipment and facilities of the City, require the combined forces of mutual aid to combat. State of Disaster does not include nor does it apply to any condition resulting from a labor controversy. E. Civil Defense and Disaster Service Worker - shall mean and include all city employees, all voluntp.erR ,..p_.~.,.,-..., with the Civil Defense Disascer Organization, and any unregis- tered person pressed into service during the state of disaster or state of extreme emergency, by a person having authority to command the aid of the citizens in the execution of their duties. F. Local Peril, Local Emerqency or Local Disaster - shall mean the existence of conditions within the territorial limits of the City, in the absence of a duly proclaimed state of emergen- cy, or state of disaster, which conditions are the result of an emergency created by a great public calamity, such as extraord- inary nuclear or chemical accident, fire, flood, storm, epidemic, earthquake or other disaster which is or is likely to be beyond the control of the services, personnel, equipment and facilities of the City, and requires the combined forces of other local agencies to combat. Section 5.102 DIRECTOR OF CIVIL DEFENSE AND DISASTER - POWERS AND DUTIES There is hereby created the office of Director of Civil Defense and Disaster. The City Manager may be the Director of Civil Defense and Disaster. The Director is empowered: A. To request the City Council to proclaim the existence or threatened existence of a local disaster or local emergency and determination thereof, if the City Council is in session, or to issue such proclamation if the City Council is not in session, subject to confirmation by the City Council at the earliest r~ . ~ practicable time. B. To request the Governor to proclaim a state of disaster or state of extreme emergency when, in the opinion of the Dire- ctor, the resources of the region are inadequate to cope with the disaster. C. To control and direct the efforts of Civil Defense and Disaster Organization of this City for the accomplishment of the purposes of this division. D. To direct coordination and cooperation between divi- sions, services and staff of Civil Defense and Disaster Organi- zations of this City. To resolve questions of authority and responsibility that may arise between them. E. To represent the civil Defense and Disaster Organiza- tions of this City in all dealings with public or private agencies pertaining to Civil Defense and Disaster. Section 5.103 POWERS IN THE EVENT OF DISASTER OR STATE OF EXTREME EMERGENCY In the event of the proclamation of disaster or local emer- gency as herein provided, or the proclamation of a state of disaster or a state of extreme emergency by the Governor or the Director of the Alaska Disaster Office, the Director is hereby empowered: A. To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such disaster or emergencY1 provided, however, such rules and regulations must be confirmed at the earliest prac- ticable time by the City Council. B. To obtain vital supplies and equipment and such other properties found laddng and needed for the protection of the life and property of the people, and bind the City for the fair value thereof1 and if required, immediately to commandeer the same for the public use. C. To require emergency services of any City officer or employee, and in the event of a proclamation of a state of dis- aster or state of extreme emergency, by the Governor, in the region in which the City is located, to command the aid of as many citizens of this community as he thinks necessary in the execution of his duties. Such persons shall be entitled to all privi~eges, benefits, and immunities as are provided for regular City employees. D. To requisition necessary personnel, and material, of any City department or agency. E. In the event the City Manager is appointed Civil De- fense Director, he is to execute all of his ordinary powers as City Manager, and all of the special powers conferred upon him by this division, or by resolution adopted pursuant thereto, and all powers conferred upon him by any statute, or agreement, approved by the City council, or by any other lawful authority, and to exercise complete authority over the City and to exercise all power vested in the City by the Constitution and the general laws of the City Charter. Section 5.104 CIVIL DEFENSE AND DISASTER ORGANIZATION All officers and employees of the City of Seward, together with those volunteer forces enrolled to aid them during a ~ disaster, and all groups, and organizations, and persons who mav by agreement or operation of law, including persons pressed into service by provision of sub-section C of Section 5.103, shall be charged with duties incident to the protection of the life, and property, of the City, during such disaster, and shall consti- tute and be known as the Civil Defense and Disaster organization of The City of seward, Alaska. section 5.105 DIVISION, SERVICES, AND STAFF OF CIVIL DEFENSE DISASTER ORGANIZATION The function and duties of the City of Seward Civil Defense and Disaster Organization shall be distributed among such divi- sions, services and special staff, if the City Manager acting as Director of civil Defense and Disaster organization, or the Director, shall prescribe. The City Council shall, concurrently with the adoption of this division, adopt the Civil Defense and Disaster Organiza- tion's Plan for the City of Seward, which: A. sets forth a form of organization: B. establishes and designates divisions and services: C. Assigns functions, duties, powers and responsibilities of the Civil Defense and Disaster services personnel. D. designates services and the respective chiefs of services: and E. establishes operational procedures to be carried out in the event of local disaster or emergency, or proclama- tion of a state of disaster or state of extreme emergency, as herein defined. r- Insofar as possible the form of the organization, titles and terminology shall conform to the recommendations of the Alaska Disaster Office and disaster agencies of the Federal Government. Section 5.106 CONTINUITY OF GOVERNMENT To provide for the continuance of the legislative and executive departments of the City in the case of a disaster, ~e City Council shall appoint seven (7) : standby Councilmen who shall assume their positions in alphabetical order and who shall have the qualifications, tenure and duties and powers specified in Chapter 3 of the Home Rule Charter of the City of Seward. Section 5.107 VIOLATIONS It shall be unlawful for any person, during a disaster, A. Willfully, to obstruct, hinder or delay any member of the Civil Defense and Disaster Organization in the enforcement of any lawful rule or regulationissued pursuant to this Ordi- nance, or in the performance of any duty imposed upon him by virtue of this Ordinance. B. To do any acts forbidden by any lawful rules or regulations issued pursuant to this Ordinance, and such act as is of such nature as to be likely to give assistance to the enemy or imperil the lives and property of the inhabitants of the City, or to prevent, hinder or delay the defense or protec- tion thereof. r Section 5.108 PENALTIES Anyone guilty of a violation, as set forth in the preceding Section S.lO?, under Division V - Civil Defense and Disaster, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than Three Hundred Dollars ($300.00) or by imprisonment in jail for a period of not more than thirty (30) days, or both such fine and imprisonment. I THE CITY OF SEWARD ADMINISTRATIVE CODE DIVISION VI - MISCELLANEOUS PROVISIONS Section 6.100 RECORDS TO BE PUBLIC All public records of the City shall be available at all times during office hours, and any person may inspect the same, provided he shall specify the record desired, and such record shall not be taken from the office. Such records or properties duly certified by the City . Clerk shall be prima-facie evidence of their contents. Section 6.101 READING OF LEGISLATION Ordinances and resolutions may be introduced and passed by reading the title only, and shall be read in full only when requested by a majority of the Councilor unless otherwise provided by law. When an ordinance or resolution has been introduced, copies thereof shall be made available to the public in the Council Chambers and by the office of the City Clerk. Section 6.102 EXECUTIVE SESSIO~ Council may, after its agenda is otherwise completed, recess for the purpose of discussing in closed or executive session any question permitted by law which is expressed in a motion calling for the executive session. The public may be excluded from the session, but final action shall not be taken by the Council on any matter discussed in an executive session until the matter is placed on the agenda. Section 6.103 COUNCIL STUDY SESSIO~: Upon written request of the Mayor, or of the City Manager, ~ of of any two members of the City Council, Council may hold study sessions for the purposes of planning, studying, discussing any question permitted by law, for the best interests of the City. The public may be excluded from the session, but final action shall not be taken by the Council on any matters discussed in the study session until the matter is placed on the agenda. Such meetings shall be held in the regular meeting place of the City Council. Section 6.104 OATH OF OFFICE The Mayor, and each Councilman of the City, all officers appointed by the Council, all officers of the Police Department, and all administrative offic~rs appointed by the City Manager, shall take and file with the City Clerk a constitutional oath of office before entering upon the duties thereof. Section 6.105 ELIGIBILITY FOR ELECTIVE CITY OFFICE A. To be eligible to file a nominating petition for election to a City office, a person shall be an elector of the City and shall have been a resident of the City or of the terri- tory annexed to the City, or shall have a combination of residence in the City and in the annexed territory, for a period of not less than one (l) year preceding the date of the filing of such petition. B. A person appointed to fill a vacancy in an elective office must have such qualifications at the time of his appointment. C. The Council shall be the judge of the election and qualifications of its members. (Home Rule Charter, Chap. 2, Sec.2.2, paragraphs a, b, c) r- Section 6.106 COUNCILMEN'S REMARKS An individual Council member may request the City Clerk to record his opinion verbatim into the minutes as a matter of public record. Section 6.107 BOARD OF ADJUSTMENTS The City Council is designated to be the Board of Adjust- ments for the City of Seward. The Mayor shall act as Chairman. Section 6.108 CANVASSING BOARD The City Council is designated to be the canvassing board of all City elections. ct.. ()',~ :o::Y(":t_'"'"!,.''' -:0 ......]: :''\:".''1' . 1 '\ 1. '? it,; -:~ [:-!r~ '-:!. 'LIT\' I, . L' '\ ""')~ ," /l/ \. c~r:c,..''''.~ ;', . . """'! ~ J ".. ^rr'l',~~ ..~. J..... )1 ':'.1 :~~ : ,... ., ~:;~ " "I '; <",-;; f'( 3~~' ..11." ("\,,; .- .1. I"~ fC"'/\~') r .L'._' b i If any portion of this Ordinance is held to be invalid, such invalidity shall not affect the remainder of this Ordinance, an.,. ~at:. ..., ilhis ordina:AC8 ia ~":_-.e IlJlrJ.Jt,Jlie. " Any or all code provisions or ordinances in conflict here- with are hereby repealed. Publication of this Ordinance shall be made by posting a copy hereof for a period of ten (10) days on the city Hall Bulletin Board, and by publishing a notice of the place of posting and a brief statement of the purpose of this Ordinance in a newspaper of general circulation in the Cit~within a reasonable time. First reading: ,I,'': ~. 'i;~3G Second reading: rE.:, '? 1966 PASSED AND APPROVED by Seward this'Y ( d- day of the Common Council of the City of F ~L<-J . 1966. I?w-~ ichard . Kirkpatrick Mayor Attest: u~ ~~A' t' R _ V!Ccz~' Beatrice E. Watts City Clerk-Treasurer Ji'I .,,-.t; . "I. r. -i ~'.l ': .r-; ~r() . . ~-_ r1 i',Ir- '").i r,.~"r,'_" r ._