approval of the council by a voie
of at least five members.
Limitations on
Suits and Actions
Section 7-5. No special assess
ment procedure hall be contested
by any action at law or in equity
unless commenced within sixty
days after the confrmation of the
special assessment roll therefor. If
no such action be so commenced,
the procedure for such local im
provement shall be conclusively
presumed to have been regular and
complete.
Lien for Special
Assessments
Section 7-6. The City shall have
a first lien upon all real property
against which special assessments
are assessed, for the special as
sessments and any collection
charges, penalties and interest
which may accumulate thereto;
and the lien shall be of the same
character, effect and duration, and
shall be enforceable in the same
manner, as the lien for City taxes.
All Real Property Liable for
Special Assessments
Section 7-7. All real property,
including such as is exempt from
taxation in accordance with law,
shall be liable for the cost of local
improvements assessed in accord
ance with this article unless spe
cifically exempted from special
assessments by law.
article VIII
PUBLIC UTILITY SERVICES
General Powers Respecting
Municipal Utilities
Section 8-1. The City shall have
all the powers not prohibited by
law to acquire, own, operate, and
-regulate public utilities, either
within or beyond its corporate
limits, and may also sell utility
services beyond its corporate lim
its.
Rates
Section 8-2.
(a) The Council may provide by
ordinance for the establishment of
utilities and provide for their reg
ulation, promotion, control, and
the fixing of the rates to be charg
ed, which must be sufficient to re
turn to the City a reasonable profit
after taxes.
(b) In furnishing service from
municipally owned utilities no
agreements shall be made for serv
ices outside of the City which will
return to the City less net reve
nues than it realizes for the same
services within the City. Increased
rates for utility service outside
the City may be established by the
Council.
(c) Transactions pertaining to
the ownership and operation of
each municipal utility shall be re
corded in a separate group of ac
counts, which shall be classified in
accordance with generally accept
ed accounting practices. An annual
report shall be prepared to show
the financial position of each City
utility and the results of its opera
tion. Such reports shall be avail
able for inspection at the offices
of the City Clerk.
Collection of Municipal Utility
Rates and Charges
Section 8-3. The Council shall
provide in the code for the collec
tion of rates and charges for pub
lic utility services furnished by
the City. When any person fails
or refuses to pay the City any
sums due on utility bills, the serv
ice upon which such delinquency
exsts may be discontinued and suit
may be brought for the collection
thereof.
Disposal of Municipal Utility
Plants and Utility Property
Section 8-4. The Council may
sell, lease, or otherwise dispose
of a municipal utility or of proper
ty and interest in property used or
useful in the operation of a utility
only after a proposition to do so
is approved by three-fifths of the
electors of
proposition.
Franchise: 1a
Section 8-„. . ft a.,
contract between Lie v
person providing for t-.w ,
to furnish a public utility i.erv
to the City and its inhabitants n m
permitting the person to use the
streets, alleys, bridges, easements
and other public places of the City
in the furnishing of the public
utility service.
A franchise may be granted to
a person, extended, renewed or
amended only by an ordinance ac
cepted as provided hereinbelow by
the person to whom the franchise
is granted, passed by the council,
and approved at an election by a
majority of the qualified voters
voting on the question. After in
troduction, a copy of the ordinance
in its final form must be in the
office of the City Clerk and sub
ject to public inspection for at least
one month before it is passed. Be
fore passage, the council shall hold
a public hearing thereon, a notice
of which must have been published
at least one week prior to the
hearing.
Also before passage, tne appli
cant must file with the City Clerk
his unconditional acceptance of
all terms of the franchise, and if
a special election is to be held for
the purpose, must pay to the de
partment of finance of the City an
amount of money estimated by the
City Clerk to be adequate to pay
all expenses of holding such elec
tion. If any balance remains after
all such expenses have been paid,
it shall be repaid to the grantee.
Same: Terms and
Conditions:
Section 8-6. No franchise shall be
granted by the City for a term ex
ceeding twenty years, and every
franchise shall contain a provision
requiring the franchise to take ef
fect within one year after the vot
ers approve the ordinance grant
ing it. Franchises may include pro
visions for fixing utility rates and
charges, and may provide for re
adjustment thereof; but the terms
of a franchise shall not limit the
power of the City to regulate such
rates and charges. With respect to
any franchise granted after this
charter goes into effect, whether
or not provided in the franchise,
the City may:
1. Terminate the franchise for
the violation of any of its
provisions, for the mis-use
or non-use thereof, or for
the violation of any regula
tion imposed by this Chart
er or by the ordinance;
(2) Require proper and reason
able extension of plant and
facilities and the mainten
ance thereof at the highest
practicable standard of ef
ficiency;
(3) Establish reasonable stand
aras ot service ana quality
of products, and prevent
unjust discrimination in
service and rates;
(4) Require continuous and un
interrupted service to the
public in accordance with
the terms of the franchise
throughout the entire period
thereof;
(5) Impose other regulations de
termined by the Council to
be conducive to the health,
safety, welfare or conveni
ence of the public;
(6) Require the public utility
to permit joint use of its
property and appurtenances
located in the streets, alleys,
bridges, easements and other
public places, by the City
and by other public utilities,
insofar as such joint use may
be reasonably practicable,
and upon payment of reason
• • » V,
ui jr
. and
jjint use
uu to be
. . i .c puulic utility to
i.« wi pari of the cost of
improvement or mainten
ance of streets, alleys, bridg
( , easements and other pub
lic places, that arises from
its use thereof, and to pro
tect and save the City harm
less from all damage arising
from such use; and—
(8) Require the public utility to
file with any designated City offi
cer or officers reports con
cerning the utility and its
financial operation and stat
us, and such drawings and
maps of the proposed loca
tion or location and nature
of its facilities as the Coun
cil may request; and require
the public utility to permit
designated City officers to
inspect its books and other
records.
Same: Sale or Assignment
Selection 8-7. The grantee of a
franchise may not sell, assign, sub
let, or allow another to use the
same, unless the council gives its
consent. Nothing in this section
shall limit the right of the grantee
to mortgage his property or fran
chise, nor shall it restrict the
rights of the purchaser, upon fore
closeure sale, to operate the same;
but such mortgagee or purchaser
shall be subject to the terms of
the franchise, the provisions of
this charter and the ordinance of
the City.
ARTICLE IX
MUNICIPAL COURT
District Magistrate—
Municipal Court
Section 9-1. The district magis
trate court now authorized by law
to hear and determine cases aris
ing out of violations of City or
dinances, or any other court which
may hereafter be so authorized by
law, shall have jurisdiction to hear
and determine cases arising out
of violations of this charter and of
the ordinances of the City unless
the council by ordinance creates
a municipal court and vests such
jurisdiction in it if not pro
hibited by State law. Unless other
wise indicated by the context, the
term municipal court and munici
pal judge may also be used re
spectively in referring to the said
district magistrate court and dis
trict magistrate or other courts
and judges having said jurisdic
tion.
Minor Violation Bureau
Section 9-2. The council by ordi
nance may create a minor viola
tions buerau with authority to dis
pose of cases arising out of desig
nated minor violations of ordinanc
es, such as minor traffic and park
ing violations, when the accused
waives his right to be heard in
court, pleads guilty, and pays fines
and costs.
Penalties
Section 9-3. The council by or
dinance shall prescribe the pun
ishment for violations of the chart
er and ordinances of the City, but
such punishment shall not exceed
Three Hundred Dollars fine or im
prisonment for more than thirty
days, or both such fine and im
prisonment, and costs of prosecu
tion. When a judgment directs
that the defendant pay a fine and/
or costs and he fails to do so, he
shall be imprisoned until the fine
and/or costs are satisfied at a rate
per day to be determined by ordi
nance, which cannot exceed one
day for every Five Dollars of the
fine and costs, except in cases
where the council bv ordinance
, fines and
i in another
; \ provide for the
>, i, i "vocation of a per
...x>nse sued by the City
- permittee or licensee is
0:1V cto i of violating any provi
v ms of law or ordinance relating
tin; the privilege, action, business,
pioiession, trade, other vocation
or anything for which the permit
or license was issued.
Part ons, Paroles and
Commutations
Section 94. The mayor shall have
power to pardon or to parole any
person convicted of a violation of
this charter or of any ordinance,
and to commute sentences there
for. The Council shall have power
to regulate and to limit the power
granted by this section.
ARTICLE X
ELECTIONS
Annual Elections—Time
Section 10-1. There shall be no
primary election, but only a gen
eral election, herein also called
regular election, for the election
of the mayor and councilmen. Such
election shall be held on the first
Tuesday in October every year.
Three Year Terms—
Election at Large—
Nonpartisan Elections
Section 10-2. The mayor and
councilmen shall be elected for
terms of two and three years, re
spectively, and shall serve there
after until their respective succes
sors are elected and qualitfy; pro
vided that, if fewer councilmen are
elected and qualify in any year
than provided for in this section
(because of falure of other candi
dates to file or for other cause!,
then lots shall be cast in a meet
ing of the council and under its
direction to determine which of
the counclmen whose terms are
about to expire shall continue to
serve.
The terms of office of the mayor
and councilmen shall begin on the
first Monday after their election.
If the mayor-elect or a council
man-elect fails to qualify within
one month after the beginning of
his term, his election shall be void.
The mayor and councilmen shall
be elected at large, by the quali
fied voters of the entire City, by
secret ballot. The election shall be
nonpartisan, and no party designa
tion or emblem shall be placed
on the ballot.
Filing
Section 10-3. Any qualified per
son may have his name placed on
the ballot for the election as a
candidate for mayor or councilman
by filing a petition with the City
Clerk, signed by at least 25 quali
fied voters of the City and a sworn
statement of his candidacy, not
more than one month and at least
two weeks prior to the election.
The petition may have been cir
culated and filed by the candidate
himself or by one or more quali
fied voters other than the candi
date.
Voting—
Who Elected
Section 10-4. Every qualified vot
er of the City shall be entitled to
vote for one candidate for each
office to be filled at an election.
On the ballots between the title of
the office and the names of the
candidates, shall be placed the in
struction ‘Vote for . . . (one, two,
three)” as the case may be. A
voter may also write in the name
of, and vote for, a person whose
rr>me does not appear on the ballot.
T,ie candidate for mayor receiving
the greatest number of votes shall
be elected. The two or three candi
dates for councilman, depending
on the number to be elected, re
ceiving the greatest number of
votes shall be elected. In case of
a tie, the election shall be deter
mind fairly by lot from among the
candidates trying, in a meeting of
the council and under its direc
tion.
Filling Vacancies at
Slections
Section 10-5. When a mayor
and/or councilman or councilmen
are being elected to fill a vacancy
or vacancies for the unexpired
term or terms, the provisions of
this charter shall apply as in the
election of a mayor and council
men for regular terms, insofar as
applicable. The phrase “for one
year term,” “for two-year term,”
and/or “for regular three-year
term,” as the case may be, shall
be placed after the titles of the
offices on the ballots as necessary
to identify the places on the coun
cil being filled at such election.
Council to be Judge of
Election and Qualifications
of Its Members
Section 10-6. The council shall
be the judge of the election and
qualifications of its own members
and the mayor, subject to judicial
review as may be provided by law.
Qualified Voter Defined
Section 10-7. Every qualified vot
er as defined in Article V of the
Alaska Constitution, who resides
within this City, shall be entitled
to vote in any election and on any
City question there at; provided
that only persons whose names ap
pear on the tax rolls of the City
shall be entitled to vote on ques
tions of the borrowing of money
by the City when the principal and
interest on such borrowed money
is to be paid or secured by taxes
or by special assessment levied
against property.
Political Activity of Officers
And Employees
Section 10-8. No officer or em
ployee of the City except the may
or or councilmen, may work for or
against, or attempt to influence,
the election or defeat of any candi
date for mayor or councilman, or
the recall of the mayor or any
councilman; provided that this
shall not prohibit the ordinary ex
ercise of one’s right to express his
opinions and to vote. Any person
who violates this section, shall be
punished, upon conviction thereof,
by a fine not exceeding fifty dol
lars and costs. Such violation shall
constitute cause for removal from
office or employment; and if the
regular removal authority has not
already removed a person who vi
olates this section, he shall be
automatically removed by said con
viction of violating this section.
Calling Special Elections_
Questions Submitted at
Elections—Notice
Section 10-9. The council, by
resolution or ordinance, may call,
or may authorize the mayor to
call, special elections and submit
questions there at. In the same
manner, other questions may be
submitted ti the voters at a special
election or at a regular election.
Questions may also be submitted
at elections as provided in other
sections of this charter. The City
Clerk shall publish in full every
Charter amendment and every or
dinance and every other question
which is to be submitted to the
voters at an election for approval
or enactment, except a referred
ordinance which was published in
full after passage, not more than
six weeks and at least three weeks
before the election at which it is
to be submitted.
Canvassing Returns—
Certificates of Election
Section 10-10. The council shall
canvass the returns of all City elec
tions, regular and special, and shall
ascertain and declare the results
thereof; provided that the council
may delegate this function to a
board created by ordinance. The
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