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HomeMy WebLinkAboutRes1994-112 . . . Sponsored by: Klinkner & Murphy CITY OF SEWARD, ALASKA RESOLUTION NO. 94-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, PROVIDING FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY OF SEWARD THE QUESTION OF AMENDING SECTIONS 2.9(a)(9) AND 2.13(a) OF THE CHARTER OF THE CITY OF SEWARD AT AN ELECTION IN AND FOR THE CITY OF SEWARD ON OCTOBER 4, 1994 WHEREAS, Section 14.2 of the Charter of the City of Seward provides that the Charter may be amended by proceedings commenced by the vote of four members of the council; and WHEREAS, Section 14.3 of the Charter of the City of Seward provides that when an amendment to the Charter is proposed by the council, it shall be submitted to the qualified voters of the City at any election to be held in the City not less than 60 days after its proposal by the council; and WHEREAS, it is in the best interest of the City and its residents that Section 2.9(a)(9) and 2.13(a) of the Charter of the City of Seward be amended as set forth below. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The council hereby proposes that Sections 2.9(a)(9) and 2.13 of the Charter of the City of Seward, relating to vacancies in office, be amended to read as follows: Section 2.9(a)(9): (9) upon failure to take the oath or make the affirma- tion, or file the bond required for the office within ten days from the date of appointment or certification of election or within such other time, not exceeding twenty days thereafter, as the council may fix; Section 2.13: (a) If a vacancy occurs in an elective office, other than a vacancy occurring from a recall: . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 94-112 (1) If the vacancy occurs more than two weeks before the last time for filing for offices to be filled at the next regular city election, the council shall fill the vacancy by appoinbnent within thirty days, with the person appointed serving until the next time when terms of elective officers begin. If the unexpired term of the vacated office extends beyond the next time when terms of elective officers begin, the office shall be filled for the remainder of the unexpired term at the next regular city election; (2) If the vacancy occurs no more than two weeks before the last time for filing declarations of candidacy for offices to be filled at the next regular city election, the council shall not fill the vacancy until immediately after the council organizes following such regular city election, and the council then shall fill any such vacancy by appoinbnent for the remainder of the unexpired term. (b) If a vacancy occurs in an appointive office, such vacancy shall be filled within ninety days thereafter in the manner provided for making the original appoinbnent. Such time may be extended, for not to exceed an additional ninety days, by council resolution setting forth the reasons therefor. Section 2. An election is to be held on October 4, 1994, in and for the City of Seward, for the purpose of submitting to the qualified voters of the City of Seward a proposition substantially in the following form: PROPOSITION NO. AMENDMENT OF SEWARD CITY CHARTER SECTIONS 2.9(a)(9) and 2.13 Shall Sections 2.9(a)(9) and 2.13 of the Charter of the City of Seward, relating to vacancies in office, be amended to read as follows: Section 2.9(a)(9): (9) upon failure to take the oath or make the affinnation, or file the bond retJuired for the office within ten days from the date of appointment or certification of election or within such other time, not exceeding twenty days thereafter, as the council may fix; . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 94-112 Section 2.13: (a) If a vacancy occurs in an elective office, other than a vacancy occurring from a recall: (1) If the vacancy occurs more than two weeks before the last time for filing for offices to be filled at the next regular city election, the council shall fill the vacancy by appointment within thirty days, with the person appointed serving until the next time when tenns of elective officers begin. If the unexpired tenn of the vacated office extends beyond the next time when tenns of elective officers begin, the office shall be filled for the remainder of the unexpired tenn at the next regular city election; (2) If the vacancy occurs no more than two weeks before the last time for filing declarations of candidacy for offices to be filled at the next regular city election, the council shall not fill the vacancy until immediately after the council organizes following such regular city election, and the council then shall fill any such vacancy by appointment for the remainder of the unexpired tenn. (b) If a vacancy occurs in an appointive office, such vacancy shall be filled within ninety days thereafter in the manner provided for making the original appointment. Such time may be extended, for not to exceed an additional ninety days, by council resolution setting forth the reasons therefor. Section 3. The amendment proposed by this resolution shall be published not less than two weeks nor more than four weeks before the October 4, 1994 election, at the same time and in the same manner as the notice of that election. Section 4. This resolution shall take effect immediately upon its adoption. The amendment set forth in Section 1 shall become effective upon its approval by a majority of the qualified voters voting on the question at the election of October 4, 1994, and the filing of the amendment as provided in Section 14.7 of the Charter of the City of Seward. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 25th day of July, 1994. CITY OF SEWARD, ALASKA RESOLUTION NO. 94-112 AYES: NOES: ABSENT: ABSTAIN: A TIEST: THE CITY OF SEWARD, ALASKA ~. Lt0 - CJa~ Dave W. Crane, Mayor Anderson, Bencardino, Crane, Darling, Krasnansky, O'Brien, Sieminski None None None APPROVED AS TO FORM: WohIforth, Argetsinger, Johnson & Brecht, Attorneys for the city of Seward, Alaska (City Seal) (J1bJ! ~ City Attorney