city clerk shall promptly prepare,
sign and issue certificates of elec
tion, sealed with the seal of the
City, to all persons elected to of
fice.
Laws to Govern Election—
When
Section 10-11. The provisions of
law applicable to City elections,
shall govern elections of this City
insofar as they are applicable, and
are not superseded by this Charter
or by ordinance.
ARTICLE XI
INITIATIVE, REFERENDUM
AND RECALL
Initiative and Referendum:
Authorized — Exceptions
Section 11-1. The qualified voters
of the City, by the initiative, may
propose and enact any ordinance
which the council has power to en
act under this charter except as
otherwise provided in this section.
The qualified voters of the City,
by the referendum, may approve
or reject any ordinance passed by
the council except as otherwise pro
vided in this section.
Ordinances dedicating revenues,
ordinances making, repealing,
transferring, or otherwise chang
ing appropriations, ordinances
creating courts, defining the jur
isdiction of courts or prescribing
their rules, and special ordinances,
«=hall not be subject to either the
initiative or the referendum. Or
dinances granting, extending or re
newing fraschises for public utili
ties shall not be subject to the
initiative. Ordinances necessary
for the immediate preservation of
the public peace, health or safe
ty (herein called emergency or
dinances), shall not be subject to
the referendum.
Petitions
Section 11-2. An initiative peti
tion or a referendum petition shall
contain a copy or summary of the
ordinance initiated or sought to be
referred; provided that, if a sum
mary only is included in an initi
ative petition, at leaist three copies
of the proposed ordinance shall be
filed in the city clerk’s office and
shall be open to public inspection.
A copy of the petition shall be filed
with the city clerk before copies
are circulated for signatures. The
petition shall then be signed by a
number of qualified voters of the
city equal at least to twenty-five
percent of the total votes cast at
the immediately preceding regular
city election. An initiative peti
tion with sufficient signatures
must be filed within one month
after the copy was originally filed
as hereinabove provided. A refer
endum petition with sufficient sig
natures must be filed within one
month after passage and publica
tion of the ordinance sought to be
referred. When a referendum pe
tition with signatures is thus filed,
the ordinance sought to be refer
red shall not go into effect until
the petition is finally found to be
illegal and/or insufficient, or, in
case the petition is found to be
legal and sufficient, until the vot
ers approve the ordinance as pro
vided below in this article. Each
copy of an initiative or a referen
dum petition filed must bear an
affidavit signed by the qualified
voter who circulated the copy
stating that each of the signers
who signed the copy signed it <n
his presence, that he believes that
each has stated his name and ad
dress correctly, and that he be
lieves each signer is a qualified
voter of the City. Within one
month after the petition is filed,
the city clerk, with such assisstance
from the city attorney as he deems
necessary, shall ascertain whether
the petition is legal and has suf
ficient signatures, and shall certify
his finding. His finding shall be
subject to judicial review.
Ballot Title and Proposition—
Submission i
Section 11-3. If an initiative or a
referendum petition is found to
be legal and to have sufficient sig
natures, the City Clerk, with such
assistance from the City Attorney
as he deems necessary, shall pre
pare the ballot title and proposi
tion for the ordinance. The city
clerk shall place the question on
the ballot for the next regular or
special City election held not less
than two months after final deter
mination of the legality and suf
ficiency of the petition. The coun
cil by resolution or ordinance may
call, or authorize the mayor by
proclamation to call, a special
election for the purpose. If, in the
case of an initiative petition, the
council, at least one month before
the election, enacts an ordinance
substantially the safe as the one
in the petition, the petition shall
be void.
Vote Required—
Effect
Section 11-4. If a majority of the
votes cast on the proposition favor
the enactment of an initiated or
dinance, it shall be enacted; pro
vided that, if the proposition is
submitted at a special election,
the number of votes cast at the
election must be at least 50 per
cent of the number of the votes
cast at the last regular municipal
election. If at least as many vote3
are cast for the approval of a re
ferred ordinance as are cast against
it, it shall be approved and go into
effect; otherwise it shall be re
jected. The council may not, with
in two years after the election,
repeal an initiated ordinance which
has been enacted, but may at any
time pass a non-emergency ordi
nance amending it by the same
vote required for the passage of
an emergency ordinance. If two
or more initiated or referred or
dinances which have conflicting
provisions are enacted or approved
at the same election, the one re
ceiving the largest affirmative vote
shall prevail.
Charter Provision Self-Executing
—Further Regulation by
Ordinance
Section 11-5. The provision of
this charter relating to the initia
tive and referendum shall be self
executing, but the council by or
dinance may further regulate the
procedures for the initiative and
referendum.
Recall
Section 11-6. All incumbents of
elective office of the City, includ
ing persons chosen to fill vacancies
in such offices, shall be subject
to recall from office by the quali
fied voters of the City. Procedures
and grounds for recall shall be
such as may be prescribed by law.
The council by ordinance may
further regulate the recall insofar
as such regulation is not in con
flict with the State Constitution
or law.
ARTICLE XII
INTERGOVERNMENTAL
RELATIONS
Cooperation With Other Units
Of Government—Transfer of
Powers and Functions
Section 12-1. Agreements, includ
ing those for cooperative or joint
administration of any function or
power, may be made by the coun
cil with any other local govern
ment, with the State, or with the
United States, unless otherwise
provided by law or by this Charter.
The council may transfer to the
borough in which this city is lo
cated any of the city’s powers and
functions unless prohibited by law
or this charter, and may in a like
manner revoke the transfer. Such
agreement for cooperative or joint
administration of any function or
power, or such transfer of any
power or function to the borough,
or the revocation of any such trans
fer, shall be made only by a non
:mergency ordinance or by author
ity of such ordinance. The ordi
nance shall be published in full
within ten days after its passage,
and shall be subject to referendum
procedures as provided in this
charter if a legal and sufficient
referendum petition is properiy
filed. Procedures for making con
tracts prescribed in any other sec
tion of this charter shall not apply
to agreements made pursuant |o
this section.
City Representatives on
Borough Assembly
Section 12-2. The City shall par
ticipate in borough affairs. The
council shall appoint the City’s
representatives on the Borough As
sembly. It shall also appoint alter
nates, any of whom may serve in
case of the temporary absence of
representatives.
ARTICLE XIII
AMENDMENT AND
SEPARABILITY OF
CHARTER
Amendment of Charter:
Proposal, Approval
Section 13-1. Proposals to amend
this charter may be made in either
of the following ways: (1) The
qualified voters of the City, by ini
tiative petition, may initiate
amendments to this charter in the
same manner, as nearly as may be,
as they may initiate ordinances;
and (2) the council by resolution
or ordinance may propose, and sub
mit or provide for the submission
of, charter amendments to the
qualified voters of the City. A
charter amendment initiated by pe
tition of the qualified voters shall
be submitted to the qualified vot
ers at a regular or special election
in the same manner as an initiated
ordinance and subject to the same
regulations, as nearly as may be.
A charter amendment proposed by
the Council may be submitted to
the qualified voters of the City at
any regular or special election held
not less than two months after pas
sage of the said resolution or or
dinance. Any amendment thus
submitted to the qualified voters,
shall become effective upon ap
proval by a majority of the quali
fied voters who vote on the ques
tion. If more than one amendment
should be proposed, all of them ex
cept those which are so interre
lated that they should be approved
or rejected together, shall be sub
mitted in such manner that the
voters may vote on them separ
ately. A copy or copies of every
charter amendment approved by
the qualified voters shall be filed
as may be required by law. A new
Charter may be proposed and ap
proved in lieu of this charter in
the same manner as an amend
ment to this charter may be pro
posed and approved.
It is hereby recognized that the
manner of adoption, amendment
and repeal of home-rule charters
may be regulated by law; and any
binding provisions of the State
Constitution or law regulating such
manner shall prevail over any
conflicting provisions of this char
ter or of any ordinance.
Separability Clause
Section 13-2. If a court of com
petent jurisdiction should hold any
section or part of this charter in
valid, such holding shall not af
fect the remainder of this charter
nor the context in which such sec
tion or part so held invalid may
appear, except to the extent that
another part of the charter may
be inseparably connected in mean
ing and effect with that section or
part.
If a court of competent jurisdic
tion holds a part of this charter
invalid, or if a change in the Stale
Constitution or law renders a part
of this charter invalid or inapplic
able, the council by ordinance may
take such appropriate action as
will enable the City government
to function properly.
ARTICLE XIV
SUCCESSION IN
GOVERNMENT
Charter—When in Effect
Section 14-1. This charter shall
go into effect upon approval by
an affirmative vote of a majority
of the qualified voters who vote on
the question of approval, and th**
government provided by it shall
be deemed a continuation of the
governcent existing previously
under law.
Officers and Employees to
Continue
Section 14-2. The incumbents of
the offices of mayor, councilmen,
city manager, city clerk-treasurer,
and all other offices and positions
of employment (including mem
bers of boards and commissions),
under the statutory government
of this City at the time this Chart
er goes into effect, shall continue
in their respective offices and posi
tions of employment under this
charter until their respective terms
expire or until their services are
terminated in accordance with the
provisions of this charter and or
dinances relating to the creation,
change and abolition of offices and
removal of officers and employees,
as the case may be. The compen
sation of all officers and employees
shall continue at the same rate
after this charter goes into ef
fect until changed in accordance
with this charter.
Ordinances Continued
Section 14-3. All ordinances, in
sofar as they are not inconsistent
with this charter, shall continue
in effect until they are repealed
or until they expire by their own
limitations.
Pending Actions and
Proceedings
Section 14-4. The adoption of this
Charter shall not abate or other
wise affect any action or proceed
ing, civil or criminal, pending
when it takes effect, brought by or
against the municipality or any of
fice, department, agency or offi
cer thereof.
CERTIFICATE
We, the undersigned members
of the Charter Commission of the
City of Kodiak, Alaska, duly
elected in accordance with Chapter
196 of the 1959 Session Laws of the
State if Alaska, acting as said
Charter Commission, and having
elected Leon H. Johnson, Chair
man, Walter O. Kraft, Vice Chair
man, and Robert L. Hall, Secre
tary of said Charter Commission,
state that the said Charter Com
mission has prepared the above
Charter of the City of Kodiak,
Alaska, and do hereby approve
and propose the said Charter, and
direct that it be filed in the office
of the City Clerk of the said City;
and further direct that this
Charter of the City of Kodiak,
Alaska, shall be submitted to the
qualified voters of the City of
Kodiak, Alaska, at the regular
election which shall be held on
Tuesday, October 1, 1963, for rati
fication or rejection in accordance
with law.
In witness whereof, we hereunto
subscribe our names, this 21st day
of August, 1963, in the City of
Kodiak, Alaska
Leon H. Johnson
Walter O. Kraft
Robert L. Hall
Charles A. Powell
Jack Hinckel
Fred C. Rrechan
Gene A. Sundberg
Thomas Frost, Jr. >
Emil Norton
ATTEST:
Robert L. Hall,
Secretary, Charter Commission
Filed in the office of the City
Clerk of the City of Kodiak, Alaska
August 22, 1963.
Douglas G. Preston
City Clerk-Treaourer
Legal Notices
THE SUPERIOR COURT FOR
THE STATE OF ALASKA
THIRD JUDICIAL DISTRICT
AN ORDER APPOINTING TIME
FOR HEARING FINAL
ACCOUNT AND REPORT
ANDREW PETERSON, Admin
istrator of the Estate of PEON IA
PETERSON, deceased, having this
day filed in this Court and matter
his Final Account and Petition for
Final Distribution and Discharge,
praying that a day be appointed
for the hearing thereof, it is here
by
ORDERED that Friday, the 25th
day of October, 1963, at the hour
of 10:00 o’clock in the forenoon of
said date, be and the same is here
by appointed and designated as
the time in the office of Robert K.
Yandell, Probate Master, 941
Fourth Avenue, Anchorage, Alas
ka, as the place for the hearing of
objections to said Final Account
and Report, when and where ail
persons interested in said Estate
may hear and object to said ac
count and when and where said ac
count will be heard and settled;
and at said hearing the Court will
determine what persons are to take
the Estate under the laws of suc
cession of the State of Alaska; It
is further
ORDERED, that a Notice of such
hearing sliall be given by Publica
tion of Notice of the time and
place thereof, once a week, for
four (4) consecutive weeks in the
Kodiak Mirror, a newspaper of gen
eral circulation, published weekly
on Fridays, at Kodiak, Alaska, and
the proof of such publication be
filed herein.
DONE IN OPEN COURT this
22 day of August, 1963.
ROBERT K. YANDELL
Master for the Superior
Court
Publish: August 30th, Sept. 6th,
13th and 20th, 1963.
THE SUPERIOR COURT FOR
THE STATE OF ALASKA
THIRD JUDICIAL DISTRICT
AN ORDER APPOINTING TIME
FOR HEARING FINAL
ACCOUNT AND REPORT
JOHN W. CHASE, Administra
tor of the Estate of DOROTHY
BECK CHASE, deceased, having
this day filed in this Court and
matter his Final Account and Peti
tion for Final Distribution and
Discharge, praying that a day be
appointed for the hearing thereof,
it is hereby
ORDERED that, Friday, the 25th
day of October at the hour of 10:00
o’clock in the forenoon of said date,
be and the same is hereby appoint
ed and designated as the time in
the office of Robert K. Yandell.
Probate Master, 941 Fourth Ave
nue, Anchorage, Alaska, as the
place, for the hearing of objec
tions to said Final Account and
Report, when and where all per
sons interested in said Estate may
hear and object to said account
and when and where said account
will be heard and settled; and at
said hearing the Court will deter
mine what persons are to take the
Estate under the laws of succession
of the State of Alaska; It is
further
ORDERED, that a Notice of such
hearing shall be given by Publica
tion of Notice of the time and
place thereof, once a week, for
four (4) consecutive weeks in the
Kodiak Mirror, a newspaper of
general circulation, published
weekly on Fridays, at Kodiak,
Alaska, and the proof of such pub
lication be filed herein.
DONE IN OPEN COURT this 22
day of August, 1963.
ROBERT K. YANDELL
Master for the Superior
Court
Publish: August 30th. Sept 6th,
13th and 20th, 1963.