Loading...
HomeMy WebLinkAboutOrd2002-005 I I I Sponsored by: Introduction Date: Public Hearing Date: Clerk September 9,2002 September 9, 2002 CITY OF SEWARD, ALASKA ORDINANCE 2002-05 AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE SEWARD CITY CODE TO AUTHORIZE THE PUBLICATION OF NOTICE OF REGULAR ELECTIONS TWENTY DAYS PRIOR TO THE REGULAR CITY ELECTION OF OCTOBER 1, 2002, DECLARING AN EMERGENCY, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE WHEREAS, Seward City Code (SCC) S 4.01.045 requires the notice of each regular election to be published at least twice in one or more newspapers of general circulation in the city, the first such publication to be accomplished at least thirty days prior to the election; and WHEREAS, the Regular City Election of October 1,2002 was noticed under the Notice of Filing Dates and Offices to be Filled in the Seward Phoenix Log on July 25, 2002; and WHEREAS, the July 25 notice did not contain the specific requirements outlined in SCC S 4.01.040 and consequently did not meet the thirty day publication requirement in SCC S 4.01.045; and WHEREAS, a Notice of Regular City Election of October 1, 2002 meeting the requirements of SCC S 4.01.040 was posted at City Hall, Seward's Post Office and the Harbormaster Building on August 30,2002, was running on the local cable scanner channel since September 9,2002, and will be published in the Anchorage Daily News on September 10, 2002 and the Seward Phoenix Log on September 12; and WHEREAS, under Alaska Statute 29.26.030 a home rule municipality shall give at least 20 days notice of an election; and WHEREAS, the Seward City Charter S 10.1, SCC S 2.10.015 and SCC S 4.01.030 each require the Regular City Election to be held annually on the first Tuesday in October; and WHEREAS, Regular City Elections have been held annually on the first Tuesday in October since 1949 and a strong voter tradition and level of expectation of voters and candidates exists that City Council elections will occur in that election; and WHEREAS, traditionally Special Elections have a lower voter turn out than Regular Elections; and WHEREAS, holding a Special Election on an alternate date instead of a Regular Election, particularly when Borough issues will be addressed at the Regular Election on October 1,2002, and, as a consequence of unforeseen events relating to publication of notice of an election, will impinge on the candidates for office and registered voters of the City of Seward's welfare by creating unwarranted confusion, disenfranchising voters, and interfering with the fundamental right to vote, and the interest of those seeking public office; and CITY OF SEWARD, ALASKA ORDINANCE 2002-05 WHEREAS, SCC S 2.15.040 states that emergency ordinances may be enacted if declared by the City Council as being necessary as an emergency nature for preserving the public health, welfare and safety. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that: Section 1. The Council finds and declares that an emergency exists pursuant to Seward City Charter Section 4.1(b) and SCC S 2.15.040 with regard to the welfare ofthe registered voters of the City of Seward and candidates for public office through unforeseen events relating to publication which might otherwise compel a special election after a regular election. The facts upon which this finding is based, warranting the enactment of an emergency ordinance at the same meeting it is introduced, include the above recitals which are incorporated herein by this reference and also include the prior publication, in the forms of newspaper notices, cable television notices, and posted written notices advising voters that the Regular City Election shall be held on October 1, 2002. Although newspaper notice was not published thirty days prior to October 1, 2002, as required by Seward's code of ordinances, confusion and unfairness to the voters and candidates would result if this ordinance were not to be adopted. Section 2. SCC S 4.01.045 is hereby amended to read as follows: (Strikeout-delete, Bold = new), "The clerk shall publish a notice of each regular and special election at least twice in one or more newspapers of general circulation in the city, the first such publication to be accomplished at least thifly twenty days prior to the a regular election and thirty days prior to a special election, and the notice shall be posted at two public places within the city." Section 3. This ordinance shall take effect immediately upon enactment and shall remain in effect for sixty days from the date of its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 9th day of September, 2002. THE CITY OF SEWARD, ALASKA r r\. l~ ~ ' Edgar Blatchford, Mayor I I I CITY OF SEWARD, ALASKA ORDINANCE 2002-05 AYES: NOES: ABSENT: ABSTAIN: Shafer, Orr, Valdatta, Branson, Clark, Calhoon, Blatchford None None None ATTEST: Ij If ~f1?rJ4 . /,~ ) ~an Le"tis ity Clerk (City Seal) \\\\\nu"" ~......\ Or St=/tk"" ~ ~~ ...~........ A1~ '..., ~ c}~....o~o~;:... <:) -::. ~.. ~...,~ III : -..-" . to' - .. e. ~'" - . SEAL . .. :e: :G~: .. '- : ,... ~ \ -.- . ~ ... a. I~': .. It\..'....'" ...'1/.';' '\ - ~"'.."'~ 1 '\9......Li".~. '~'Iii.....l... 'i-~"\..Jo ~, OF ~\,. ~..".. "IIu,"'"