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HomeMy WebLinkAboutRes1968-717 RESOLUTION NO. 717 WHEREAS; The City Charter of The City of Seward, Alaska, has some con- flicting and outxiated provisions which are not compatable with the Kenai Peninsula Borough ordinances and present city government; and WHEREAS; The City Council appointed an Advisory Committee to study the present City Cbarter and to make recommendations or changes which the committee felt should be placed before the voters of the city; and WHER BAS; Otanges in the City Charter must be approved by the voters of the city; NOW, nIEREFORE, BE IT RESOLVED, by the City Council of The City of Seward, Alaska, that the followtng proposed changes be presented to the voters on the October 1st, 1968, General City Election, Said changes shall be on a separate ballot am will read basically as follows: . . . ChaPter 3, S~11on 3.1 of the present City Charter reads: The City Coundl · Seeuon 3,1: The City Council shall consist of the Mayor and six (6) Councilmen. The mayor and each councUman shall be elected from the city at large, The term of office of the mayor am each councUman shall be for two (2) years and shall commence on the Monday next following his eloetion. The Council shall exercise all of the I..egi,lative and Policy-maktng powers of the City and shall provide for the performance of all duties am obligations Imposed upon the City by law, PROPOSITION A Shall Chapter 3, Section 3, 1 be changed to read: The City Council shall consist of the Mayor and six (6) Councllmen. The mayor and each councilman shall be elected from the city at large. The term of office of the Mayor and of each Councllman shall be for three (3) years and shall commence on the Monday next following his election. The Council shall exercise all of the Legislative and Policy. making powers of the City and shall provide for the performance of all duties am obligations imposed upon the City by law. . . . .1. r Chapter 3, See tion 3.2 of the present City Charter reads: Terms of Office - Section 3.2: The terms of three (3) councilmen shall expire in each year, except that in each second year, counting from 1959, the terms of the mayor and three (3) councilmen shall expire. When appointments are made to fill vacancies in the manner provided by Section 2.13 (a) of this charter, appointees shall qualify for and assume the duties of office within ten (10) days after appoint- ment, unless such time be extended for not more than sixty (60) days by council. PROPaiITION B Shall Chapter 3, Section 3.2 be changed to read: Beginning in the year 1968, four (4) councilmen shall be elected. One (1) councUman for one (1) year and three (3) councilmen for two (2) years. In the year 1969, a mayor shall be elected as shall one (1) councilman for a two-year term and two (2) councilmen for a three-year term each. Beginn- ing with 1971, a mayor shall be elected as shall two (2) councilmen for three- year terms each. When appointments are made to f1ll vacancies in the manner provided by Section 2.13 (a) of this charter, appointees shall qualify for and assume the duties of office within ten (10) days after appointment, unless such time be exteooed for not more than sixty (60) days by council. . . . Chapter 7, Section 7. 1 of the present City Charter reads: Taxation By Ordinance - Section 7. 1: The council shall provide in the Code for the annual assessment, levy, and collection of city taxes. PROPaiITION C Shall Chapter 7, Section 7. 1 be changed to read: The council shall provide in the Code for the annual mill levy am collect- ion of city taxes. . . . Chapter 7, Section 7. 3 of the present City Charter reads: Assessment Day - Section 7.3: The taxable status of property shall be determined as on the First Day of January, or such other date as may be subsequently required by law, which shall be deemed the Assessment Day. Values on the Assessment Roll shall be determined according to the facts existing on the Assessment Day for the year for which the Assessment Roll is made, and no change c:i statuS of any property after that day shall be considered by the council when acting as Board of Equallzation. Standards of appraisal shall be followed by the council when establlshed by law. - 2 - r-.. PROPOOmON D Shall Chapter 7, Section 7. 3 be changed to read: The taxable status of property shall be determined as of the First Day of January, or such other date as may be subsequently required by law, which shall be deemed the Assessment Day. Values on the Assessment Roll shall be determined according to the facts existing on the Assessment Day for the year for which the Assessment Roll is made, and no change of status of any property after that day shall be considered. . . . Chapter 7, Section 7.4 of the present City Charter reads: Security for Taxes on Real Property - Section 7.4: The City shall have a First Lien upon all real property against which taxes are assessed, for the taxes and any collection charges, penalties, and interest which may accummulate thereto, which lien shall continue until the taxes are paid. PROPOOITION E Shall Chapter 7, Section 7. 4 be changed to read: The City shall have a first priority upon all real property against which taxes are assessed and foreclosed by the Borough. . . . Chapter 7, Section 7.5 of the present City Cbarter reads: Protection of City's Real Property Tax Liens - Section 7.5: The City may protect its lien for taxes upon real property by sale at tax sale, or by purchasing the real property at any tax sale or other public sale, or by direct negotiation with the owner. Any such procedure shall be deemed to be for a public purpose. When the City has acquired an interest in real property to protect a tax lien thereon, the owner of any interest in such real property may redeem the same by paying the delinquent city taxes and all accrued charges, penalties, and interest thereon. After the City has held any tax delinquent real property for one (1) year, it may hold same for public use or sell it at a public auction to the highest bidder. PROPOSITION F Shall Chapter 7, Section 7.5 be changed to read: The City may protect its interest for taxes upon real property by the purchasing of the real property at any tax sale or other public sale. Any such procedure shall be deemed to be for a public purpose. After the City has held any tax del1nquent real property for one (1) year, it may hold the same for public use or sell at publ1c sale. . . . - 3 - r~-c~- PR OPOSITION G Shall Chapter 7, Section 7.6 be deleted from the present City Charter as this function is now a Borough operation: Security for Taxes on Personal Property - Section 7.6: City taxes on personal property shall be a debt to the City from the persons to whom they are assessed. If any person to whom such taxes are assessed fails to pay the taxes, or if the collecting officer reasonably believes that any person will not pay such taxes, the taxes and accrued charges, penalties, am interest may be collected by a personal action in the name of the City against the person to whom assessed in a court of competent jurisdiction, or by dis- traint and sale of any personal property of the person assessed. Neither of the remedies herein given shall be exclusive of the other at any time. . . * Chapter 8, Section 8.1 (c) of the present City Charter reads: Special Assessments and Public Improvements - Section 8.1 (c): If protest as to the necessity of a local improvement are made by the owners of property which will bear fifty percent or more of the estimated cost of the improvement, the public improvement shall not proceed until the ob- jections have been reduced to less than fifty percent, except upon the approval of at least four (4) members of the council. PROPOSmON H Shall Chapter 8, Section 8.1 (c) be changed to read: If protests as to the necessity of a local improvement are made by the owners of property which will bear fifty percent or more of the estimated cost of the improvements, the public improvement shall not proceed until the ob- jections have been reduced to less than fifty percent, except when such improve- ments effect the Health, Welfare and Safety of any or all residents of The City of Seward, and upon the approval of at least four (4) members of the council. * . * Chapter 8, Section 8.6 (a) of the present City Charter reads: Lien For and Collection Of Special Assessments - Section 8.6 (a): The City shall have a first lien upon all real property against which special assessments are assessed. and any such lien shall be of the same character, effect, and duration, and shall be enforcable in the same manner as the lien for city taxes. - 4 - PROPOSITION I Shall Chapter 8, Section 8.6 (a) be changed to read: The City shall have a first priority upon all real property against which special assessments are assessed, and any such lien shall be of the same character, effect, and duration, and shall be enforcable in the same manner as the lien for City assessments. * * * Chapter 9, Section 9.3 of the present City Charter reads: City Representatives on Borough Assembly - Section 9.3: The City shall participate in Borough affairs. The Council shall appoint the City's representatives on the Borough Assembly. It shall also appoint alternates, any of whom may serve in the case of the temporary absence of representatives. PROPOSITION J Shall Chapter 9, Section 9.3 be changed to read: The City shall participate in Borough affairs. The Council shall appoint the City's representatives on the Borough Assembly. * * * Chapter 10, Section 10.3 (b) of the present City Charter reads: Qualifications of Electors - Chapter 10.3 (b): Only persons who are registered as electors of the City and whose names appear on the tax rolls of the City shall be entitled to vote on questions of the borrowing of money by the City when the principal and interest on such borrowed money is to be paid by taxes or by special assessments levied against property. PROPOSITION K Shall Chapter 10, Section 10.3 (b) be changed to read: Only persons who are registered as electors of the City and whose names appear on the real property tax rolls shall be entitled to vote on questions of the borrowing of money by the City when the principal and interest on such borrowed money is to be paid by taxes or by special assessments levied against the property. * * * Chapter 11, Section 11. 2 of the present City Charter reads: Limitations on Borrowing Power - Section 11.2: The outstanding general obligation indebtedness of the City incurred for - 5 - r-~ ~ all public purposes shall not at any time exceed fifteen percent of the assessed value of all the real and personal property in the City. The restrictions im- posed by law on contracting debt shall not apply to debt incurred through the issuance of revenue bonds when the only security is the revenues of the enter- prise, nor to bonded indebtedness to be paid from special assessments on benefited property, nor to refunding indebtedness. In determining the debt limit of the City. there shall be deducted from the amount of the outstanding bonded indebtedness any amounts credited to or on deposit for debt retirement, and any portion of reserve funds or accounts pledged to the payment of principal amount of any outstanding bonded indebtedness. Money may be borrowed for reasons of disaster, permitted by Section 11.1 (a) (3 b) beyond the limit imposed by this section, and the Council shall, at the time of authoriza- tion of such indebtedness, provide for the fulfillment of other requirements of law relative to incurring such indebtedness. PROPOSITION L Shall Chapter 11, Section 11.2 (a) be changed to read: The restrictions imposed by law on contracting debt shall not apply to debt incurred through the issuance of revenue bonds when the only security is the revenues of the enterprise, nor to bonded indebtedness to be paid from special assessments on benefited property, nor to refunding indebtedness. In determining the debt limit of the City, there shall be deducted from the amounts credited to or on deposit for debt retirement, and any portion of reserve funds or accounts pledged to the payment of principal amount of any outstanding bonded indebtedness. Money may be borrowed for reasons of disaster, permitted by Section 11.1 (a) (3 b) beyond the limit imposed by this section, and the Council shall, at the time of authorization of such indebted- ness, provide for the fulfillment of other requirements of law relative to incurring such indebtedness. '" '" '" The above listed proposed changes in the City of Seward, Alaska, Home Rule Charter. are all changes which were recommended by the committee appointed to study the present City Charter. Those serving on the committee were: Frank Lewis, Hans Hafemeister, Paul Stockard, Donna Kowalski, Bill Saindon and Wilda Fleming, with Mayor R. W. Kirkpatrick and City Manager Kester L. Dotts as advisory members and therefore not entitled to vote on said recommen- ded changes. This Resolution shall become effective immediately upon its passage and approval and the City Clerk-Treasurer is hereby instructed to have - 6 - I I I I I I , , , I propositions and ballots prepared for voters at the October City Election. Passed and approved by the City Council of The City of Seward, Alaska, this 22nd day of July , 1968. -1 i~.' i.7 .L'.. t;J: W. Kirick Mayor Attest: ) ,) /.-'/ ,;~ Ie. '-r.~'} ,)tmes . . Utp \./City Clerk-Treasurer - 7 -