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HomeMy WebLinkAboutOrd1989-618 . . . sponsored by: Murphv CITY OF SEWARD, ALASKA ORDINANCE NO. 618 OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY SEWARD, ALASKA, ENACTING MISCELLANEOUS REVISIONS TO THE SEWARD CITY CODE, TITLE 4, ELECTIONS WHEREAS, the Alaska State Legislature enacted legislation relating to municipal petitions and elections, and to appointments to fill certain municipal offices; and WHEREAS, the City Council wishes the Seward City Code to be consistent with the Alaska Statutes, Title 29; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that: Section 1. section 4.01.010 is hereby revised by amending the definition of "qualified voter" to read as follows: Oualified voter. Is any person who: 1. is qualified to vote in state elections under AS 15.05.010; 2. has been a resident of the city for 30 days immedi- ately preceding the election; 3. is registered to vote in state elections at a residence address within the city at least 30 days before the municipal election at which the person seeks to vote; and 4. is not disqualified under Article V of the state constitution. Section 2. section 4.01. 055, subsection A., is hereby revised to read as follows: 4.01.055 Oualification of voters. A. In accordance with AS 15.05.010 and AS 29.26.050, a person is qualified to vote in city elections who: 1. is qualified to vote in state elections under AS 15.05.010; 2. has been a resident of the city for 30 days immedi- ately preceding the election; 3. is registered to vote in state elections at a residence address within the city at least 30 days before the municipal election at which the person seeks to vote; and 4. is not disqualified under Article V of the state constitution. -1- . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 618 Section 3. follows: section 4.15.015 is hereby revised to read as 4.15.015 Application for petition. A. An initiative or referendum is proposed by filing an application with the city clerk containing the ordinance or resolution to be initiated or the ordinance or resolution to be referred and the name and address of a contact person and an alternate to whom all correspondence relating to the petitions may be sent. An application shall be signed by at least 10 voters who will sponsor the petition. An additional sponsor may be added at any time before the petition is filed by submitting the name of the sponsor to the clerk. Within two weeks the clerk shall certify the application if the clerk finds that it is in proper form and, for an initiative petition, that the matter: 1. is not restricted by section 4.15.010 B. of this code: 2. includes only a single subject: 3. relates to a legislative rather than to an administrative matter: and 4. would be enforceable as a matter of law. Section 4. section 4.15.020, Subsection C., is hereby revised to read as follows: 4.15.020 Contents of petition. C. The clerk shall notify the contact person in writing when the petition is available. The contact person is responsible for notifying sponsors. copies of the petitions shall be provided by the clerk to each sponsor who appears in the clerk's office and requests a petition, and the clerk shall mail the petition to each sponsor who requests that the petition be mailed. section 5. Section 4.15.025, Subsection B., is hereby revised to read as follows: 4.15.025 Siqnature requirements. B. The clerk shall determine the number of signatures required on a petition and inform the contact person in writing. Except as provided in E. of this section, a petition shall be signed by a number of voters equal to 25 percent of the number of votes cast at the last regular election held before the date written notice is given to the contact person that the petition is available. Section 6. Section 4.15.025 is hereby amended by adding a new subsection E. to read as follows: -2- . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 618 E. If the ordinance or resolution that is the sUbject of an initiative or referendum petition affects only an area that is less than the entire area of a city, only voters residing in the affected area may sign the petition. The clerk shall determine the number of signatures required on the petition and inform the contact person in writing. The petition shall be signed by a number of voters equal to 25 percent of the number of votes cast in that area at the last regular election held before the date written notice is given to the contact person that the petition is available. Section 7. section 4.15.030, Subsection A., is hereby revised to read as follows: 4.15.030 Sufficiency of petition. A. All copies of an initiative or referendum petition shall be assembled and filed as a single instrument. within ten days after the date the petition is filed, the clerk shall: 1. certify on the petition whether it is sufficient; and 2. if the petition is insufficient, identify the insufficiency and notify the contact person by certified mail. Section 8. section 4.20.020, Subsection A., is hereby revised to read as follows: 4.20.020 ApPlication for recall petition. A. An application for a recall petition shall be filed with the city clerk and shall contain: 1. the signatures and residence addresses of at least ten city voters who will sponsor the petition; 2. the name and address of the contact person and an alternate to whom all correspondence relating to the petitions may be sent; and 3. a statement in two hundred words or less of the grounds for recall stated with particularity. section 9. section 4.20.025, Subsection B., is hereby revised to read as follows: 4.20.025 Recall petition. B. The clerk shall notify the contact person in writing when the petition is available. That person is responsible for notifying sponsors. copies of the petition shall be provided by the clerk to each sponsor who appears in the clerk IS office and requests a petition, and the clerk shall mail the petition to each sponsor who requests that the petition be mailed. -3- . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 618 Section 10. section 4.20.030, Subsection B., is hereby revised to read as follows: 4.20.030 Sianature reauirements. B. The clerk shall determine the number of signatures required on a petition and inform the contact person in writing. The petition shall be signed by a number of voters equal to twenty- five percent of the number of votes cast for that office at the last regular election held before the date written notice is given to the contact person that the petition is available. section 11. section 4.20.035, Subsection A., is hereby revised to read as follows: 4.20.035 Sufficiencv of petition. A. The copies of a recall petition shall be assembled and filed as a single instrument. A petition may not be filed within one hundred eighty days before the end of the term of office of the official sought to be recalled. within ten days after the date a petition is filed, the city clerk shall: 1. certify on the petition whether it is sufficient; and 2. if the petition is insufficient, identify the insufficiency and notify the contact person by certified mail. Section 12. follows: section 4.20.055 is hereby revised to read as 4.20.055 Form of recall ballot. A recall ballot shall contain: 1. the grounds for recall as stated in two hundred words or less on the recall petition; 2. a statement by the official named on the recall petition of two hundred words or less, if the statement is filed with the clerk for publication and public inspection at least twenty days before the election; 3. the following question: "Shall (name of person) be recalled from the office of (office)? Yes [ ] No [ ]." Section 13. Section 4.20.065, Subsection B, is hereby revised to read as follows: 4.20.065 Successors. B. A person who has been recalled may not be appointed under SUbsection A. of this section to the office from which the person was recalled. A person appointed under Subsection A. of this section serves until a successor is elected and takes office. -4- . . CITY OF SEWARD, ALASKA ORDINANCE NO. 618 Section 14. This ordinance shall take effect ten (10) days following its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 14th day of August, 1989. AYES: NOES: ABSENT: ABSTAIN: ATTEST: THE CITY OF SEWARD, ALASKA ~ . ~~~ HARRY GIESELER, MAYOR GIESELER, DUNHAM, MEEHAN, NOLL, O'BRIEN NONE HILTON, SIMUTIS NONE APPROVED AS TO FORM: PERKINS COlE, Attorneys for the City of Seward, Alaska . (City Seal) ~~.1 ttP ~ Fred B. Arvl.dson city Attorney Introduced By: Introduction Date: Public Hearing & Enactment Date: O'Brien/Dunham 07/24/89 08/14/89 -5-