Legal Notice
city of palmer, alaska
Municipal Charter
. PREAMBLE
the people of the City of Pal
•“•q exercising the powers of home
granted to us by the Constitution
a*Kl Laws of the State of Alaska m or
to provide for more efficient ade
quate and economical government do
■Hsrtby ordain, ratify and establish this
Charter of the City of Palmer. Alaska.
CHAPTER I
GENERAL PROVISIONS
Continuation of existing
CORPORATION
Section 11 The City of Palmer shall
continue as a municipal corporation un
<i*r the name City <>f Palmer
■f'ORM OF GOVERNMENT
Section 1 2 T .* govei nment of the
city shall be that commonly known and
•designated as the Council-Manager
form
boundaries
Section 1.3. The boundaries of the
dty shall be the boundaries as estab
lished and one file in the rcords of the
Clerk at the time this charter becomes
effective or as such boundaries may be
•changed thereafter in the manner au
thorized bv law
POWERS OF THE CITY
Section 1.4 The city may exercise all
legislative powers not prohibited by
"law or bv this charter
DEFINITIONS AND CONSTRUCTION
Section 1 5 Except as otherwise spe
cifically defined herein or indicated by
the context, words used in this charter
shall have their ordinary dictionary
sneanings.
,4 a) • Board" includes the word “Com
mission
t b > Capital improvement” means a
-public improvement of a permanent
nature.
(c) "City' means the City of Palmer.
(d> Code means the Code of Ordi
nances of the City of Palmer, including
oil amendments and additions.
(ei Council ' means the City Coun
cil of the City of Palmer.
(f) Elector means a qualified elec
tor. as defined in Article V of the Al
aska Constitution, who is registered as
-required by the Code.
{g» “By law” as used in this char
ter denotes applicable federal law. the
Constitution and statutes of Alaska,
the applicable common law. and ~this
charter.
<ht “Local improvement” means
public improvement specially beneficial
to the property affected and the abate
ment of such unsafe, unsightly, un
bealthful. or unsanitary condiitons as
the Council shall determine to be a pub
tic nuisance.
<i) “Person” extends and applies to
bodies politic and corporate, and to
partnerships and associations as well as
to individuals.
(j) “Public improvement” means im
—provements to or in connection with the
streets, sidewalks, parks, playgrounds,
buildings, sewer systems, water sys
tems, any other facilities, and real
property or appurtenances thereof of
the city used by the public.
<k> Public utility” includes all com
mon carriers in the public streets, wa
ter, sewage disposal, electric light, cen
tral heating, gas, electric power, tele
phone and telegraph lines and systems,
garbage collection, garbage disposal and
reduction plants, docks, and such other
and different enterprises as the law
or the Council may determine to be or
designate as public utilities.
fl) “Publish or “published” in
cludes the setting forth of any matter
for public notice in the manner provid
ed by law. or. where there is no appli
cable law, publishing at least once in
one or more newspapers of the city
qualified by law for the publication of
legal notices, or posting in at least one
public place.
<m> “Sign” or “signature” Includes
the facsimile of a signature when au
thorized by the Council
<nt All words indicating the present
tense are not limited to the time ol
the adoption of this charter, but ma>
be extended to and include the time
an event or requiremnt occurs to which
any provision is applied.
<o> The singular includes the plural,
Ithe plural includes the singular, and the
masculine gender extends to and in
cludes the feminine gender and the
neuter.
RECORDS TO BE PUBLIC
Section 1.6. All records relating to the
general governmental affairs of the
city shall be public records unless oth
erwise provided by law. They shall be
kept in city offices, except when re
quired for official reasons or for pur
poses of safekeeping to be kept else
where. They shall be available at city
offices for inspection, copying, or re
production at reasonable times Such
records, or copies duly certified by the
Clerk, shall be prima facie evidence ol
their contents.
QUORUM
Section 1.7. A quorum of any board
created by or under authority of thii
charter shall, unless otherwise provid
ed, consist of a majority of the nurr.bei
of its members.
SUNDAYS AND HOLIDAYS
Section 1.8. Except as otherwise pro
vided in this charter whenever the date
fixed by law or ordinance for the doing
or completion of any act falls on £
Saturday. Sunday, or legal holiday, such
act shall be done or completed on the
next succeeding business day
PENALTIES FOR VIOLATIONS
Section 1.9. Violations of this char
ter. the code, or any ordinance of the
city may be punished by a fine which
shall not exceed Three Hundred Doll
ars. or imprisonment for not more than
•^thirty days, or by both such fine and
imprisonment.
NOTICE TO CITY OF CLAIM
FOR INJURIES
Section MO.
(a) City shall not be liable in dam
ages for injury to person or property
•*t>v reason of negligence of the City,
-unless, within sixty (60* days after
such injury occurs, the person damaged
or his representative causes a written
■notice to be served upon an officer of
^he City upon whom process may be
served by law, except where the alleg
ed negligence of the City arises but of,
or is in any way connected with, ice or
snow on the surface of any alley, street
or sidewalk, then such notice shall be
so served within ten (10* days after such
injury. Such notice of claim shall be in
writing and under oath, and insofar as
itnown shall set forth specifically the
time and place of the injury, the na
ture and extent of the injury, the man
ner in which it occurred, the amount
of damages claimed, the nature of the
act or defect complained of, and the
oiames and addresses of witnesses
<b> No person shall bring action
against the City for damages to person
"or property arising out of any of the
reasons or circumstances aforesaid, un
less such action is brought within the
period described by law. nor unless the
•notice of claim aforesaid has been duly
served. The officer of the City upon
whom the claim is served shall refer
4he claim to the City Manager, who
««nust promptly present such claim to
4he Council for action.
<c) Failure to give notice of injury
or present a claim within the time
and in the manner provided shall bar
any action upon such claim.
<d> This section shall not be deemed
4o waive any defense of immunity
which the city may have from claims
^or damages arising out of negligence.
•*>ut shall apply in all cases where such
defense is not available to the city.
CHAPTER AND SECTION HEADINGS
Section 1.11. The chapter and section
headings used in this charter shall not
wt>e considered a part of the charter
gor the purpose of judicial construction
-or otherwise.
SEVERABILITY OF CHARTER
PROVISIONS , ,
Section 1.12. If any portion of this
charter is held to be invalid, such in
validity shall not affect the remainder
-vjf the charter; and to that end. this
-charter is declared to be severable.
Liberal construction
Section M3. The intent of the Char
ter Commission in drafting this charter
^nd of the electors of the City of Pal
Legal Notice
mer In adopting it was that the pro
visions of the charter should be liber
ally construed to afford a maximum of
local self-government in accordance
with the intent of Section 1 of Article
X Constitution of the State of Alaska
RESIDUAL POWERS
Section 1.14. The enumeration of spe
cified powers in this charter shall not
be construced as limiting the power
of the city.
CHAPTER II
OFFICERS
CITY OFFICERS
Section 2.1
(a> The elective officers of the city
are the Mayor and six <6- Councilmen
(b> The appointive officers of the
city are the City Manager, the City
Clerk, and the City Attorney
'c> The administration officers are
all officers of the city other than elec
tive officers and apoointive officers.
ELIGIBILITY FOR ELECTIVE
CITY OFFICE
Section 2.2.
<a> To be eligible to file a nomina
ting petition for election to a city off
ice. a person shall be an elector of the
city and shall have been a resident of
the city or of territory annexed to the
city, or shall have had a combination
of residence in the city and in the an
nexed territory for a period of not less
! than three years preceding the date
of the filing of such petition.
(b) A person appointed to fill a vac
ancy in an elective office must have
1 such qualifications at the time of his
1 appointment.
(c) The Council shall be the judge
of the election and of the qualifications
of its members.
PERSONS INELIGIBLE FOR CITY
OFFICE OR EMPLOYMENT
Section 2.3. A person who holds or
has held an elective city office shall
not be eligible for appointment to an
office or for employment for which a
salary is paid by the city until one
year has elapsed following the term for
which he was elected or appointed. An
exception may be made with the ap
proval of five (5) or more members
of the Council.
NOTICE OF ELECTION
OR APPOINTMENT
Section 2.4. The City Clerk shall mail
to each person elected or appointed, a
certificate of election or appointment
within five days from the time of elec
tion or appointment.
COMPENSATION OF OFFICERS
Section 2.5. The compensation of all
elective officers, board members, the
City Manager, the City Clerk, and the
City Attorney shall be established by
the Council. The compensation of all
other permanent officers shall be in ac
cordance with the position classifica
tion and pay plan of the city.
OATH OF OFFICE
Section 2.6. Every officer of the city
before entering upcn his duties shall
take the oath or affirmation required
by Section 5 of Article XII. Constitution
of the State of Alaska. The Council
may require designated employees to
take such oath before entering upon
their employment. Oaths of office shall
be filed with the City Clerk.
SURETY BONDS
Section 2.7. In order to protect the
I city and the public, the Council may
require appropiiate surety bonds of
officers and employees. The premium
of such bonds shall be paid by the city»“
GIVING OF SURETY BY OFFICERS
AND EMPLOYEES FORBIDDEN
Section 2 8. No officer or employee
shall give or furnish any bail, bond or
recognizance, nor shall he be the agent
of any bondsmen in connection with
any bond which may be required by
law or by the Council
VACANCIES IN OFFICE
Section 2.9.
<a> A city office shall become vacant
upon the occurrence of any of the fol
lowing :
(1) the expiration of the term of
office;
(2) the death of the incumbent;
(3) a resignation when approved
by the Council;
(4) a removal from office in the
manner provided by law;
(5) ceasing to possess at any time
the qualifications or eligibility requir
ed by this charter for election or ap
pointment to office.
(6> final conviction of a felony
involving moral turpitude or an offense
involving a violation of an oath of
office;
(7> a judicial determination that
the incumbent is of unsound mind.
<8> a decision of a competent tri
bunal declaring the election or appoint
ment of the incumbent void;
<9> failure to take the oath or
make the affirmation, or file the bond
required for the office within ten days
from the date of election or appoint
ment or within such other time, not
exceeding twenty days thereafter, as
the Council may fix;
(10) any other event which, by
law. creates a vacancy .
(b) The Council shall provide in the
code for creating vacancies in elective
offices because of failure to perform
the duties of office. Such provision
shall be self-executing.
RESIGNATIONS
Section 2.10. Resignations of officers
shall be made in writing and filed
with the City Clerk, w'ho shall immed
iately notify the proper officials con
cerned.
v nij r Iivy vyi *
Section 2.11.
(a l The Council may remove the City
Manager, the City Clerk, the City At
torney. and members of boards, re
gardless of term of office The person
so removed from office shall have the
right to a public hearing before the
Council concerning the cause of his
removal.
<b) City employees shall be protect
ed from arbitrary discharge by code
provision.
RECALL
Section 2.12. An elective officer may
be recalled. The vacancy thereby cre
ated shall be filled in the manner pre
scribed by law.
FILLING VACANCIES
Section 2.13.
(a) If a vacancy occurs in an elec
tive office, except in the case of re
call, the Council shall fill the vacancy
by appointment within thirty days
thereafter. If the vacancy occurs less
than twenty-four hours prior to the
last date and time set for filing nom
inating petitions for offices to be filled
at the next regular meeting of the
Council next following such regular
city election, it shall not be filled un
til the first regular meeting of the
Council next following such regular
city election. Each such appointment
shall be for a term ending on the Mon
day following the next regular city
election.
(b) If a vacancy occurs in an ap
pointive office, such vacancy sMU be
filled within forty-five days th»*r»fter
in the manner provided for making the
original appointment. Such time may
be extended, for not more than an ad
ditional ninety days, by Council reso
lution setting forth the reasons there
for.
DELIVERY OF OFFICE
TO SUCCESSOR
Section 2.14. Whenever an officer or
employee leaves an office or employ
ment for any reason, he shall deliver
forthwith to his successor in the office
or to the Mayor, all property of the
city such as books, working papers,
moneys and effects, which are in his
custody, possession, or control.
CHAPTER III
THE CITY COUNCIL
THE CITY COUNCIL
Section 3.1. The Council shall consist
of the Mayor and six Councilmen. The
Mayor and each Councilman shall be
elected from the city at large The term
of office of the Mayor and of each
Councilman shall be for three 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 and obligations imposed upon the
city by law.
TERMS OF OFFICE
Section 3.2. The terms of two council
men shall expire each year, except that
in each third year, counting from 1963,
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the terms of the Mayor and of two
Councilmen shall expire When ap
pointments are made to fill vacancies
in the manner provided by Section
2.13ia> of this Charter, appointees shall
qualify for and assume the duties of
office within ten days after appoint
ment. unless such time be extended for
not more than sixty days by the Coun
cil.
ORGANIZATION OF THE COUNCIL
Section 3.3. The Council shall meet
and organize on the first Monday fol
lowing each regular city election. At
such meeting, or within one week
thereafter, the Council shall elect from
its membership a Mayor pro tempore
and do such other acts as may be re
quired for its organization and the con
duct of its business The Council shall
provide in the code for the interim
order of the succession of its members
to the office of Mayor pro tempore
and for the prompt and temporary re
constitution of the Council in the event
that its membership is reduced to less
than a quorum.
THE MAYOR
Section 3.4
(a> The Mayor shall possess all pow
ers and shall exercise all duties provid
ed or required of him by law or by the
Council.
(bi He shall be the presiding officer
of the Council.
(c) He shall be a member of the
Council w-ith all the powers and duties
of that office.
*d> He shall advise the Council con
cerning the affairs of the city and
make recommendations thereon
<e> In emergencies, he shall have
the powers conferred by law upon
peace officers and shall exercise such
powers as chief executive officer to pre
vent disorder, to preserve the public
peace and health and to provide for the
safety of persons and property.
(f> He shall make all required ap
pointments subject to prior approval of
the Council.
(g) He shall have the power to par
don or to parole any person convicted
of a violation of this charter or of the
(h) He shall not possess the veto
power.
THE MAYOR PRO TEMPORE
Section 3.5 The Mayor pro tempore
shall succeed to the office of Mayor
when a vacancy occurs In that office.
He shall have and exercise the powers
and duties of the Mayor when the May
or is absent or unable to perform the
duties of his office. When a doubt exists
concerning the ability of the Mayor to
perform the duties of his office, the
Council shall, by resolution, determine
whether the Mayor pro tempore shall
act in the place of the Mayor. Such de
termination shall stand until the Coun
cil determines that such disability or
inability ceases.
MEETINGS OF THE COUNCIL
Section 3.6.
(a) The Council shall meet in the
established Council Chambers or in
such other place as may be establish
ed in the code, and shall hold at least
two regular meetings in each month.
In the selection of its meeting place,
consideration shall be given to the
reasonable accommodation of the pub
lic.
<b> Special meetings of the Council
shall be held at the regular meeting
place of the Council. Special meetings
shall be called by the City Clerk on the
written request of the Mayor, of the
City Manager, or of any two members
of the Council.
, 4c> At least six hours written notice
shall be given designating the time
and purpose of a special meeting Such
notice shall be served personally on
each member of the Council or left at
his usual place of residence or business
by the City Clerk or by someone des
ignated by him. A copy of such notice
shall also be delivered at the place of
business of each newspaper printed and
published in the city, but this require
ment shall not be jurisdictional to the
holding of any such meeting.
<d> In an emergency, any special
meeting shall be a legal meeting if all
members are present or. if there be a
quorum present, and all absent mem
bers have waived ir\ writing the re
quired notice. Waivers may be either
before or after the time of the meeting.
(e> An affidavit of service of any
notice required by this section shall be
made a part of the journal of a spe
cial meeting. All waivers of notice shall
be attached to and made part of the
journal of the meeting.
<f» No business shall be transacted
at any special meeting of the Council
except that stated in the notice of the
meeting.
<g> All regular and special meetings
of the Council shall be public meetings
and the public shall have a reasonable
opportunity to be heard.
4h> The Council may. after its agen
da is otherwise completed recess for
the purpose of discussing, in a closed
or executive session, any question per
mitted by law which is expressed in
the motion calling for the executive
session. The public may be excluded
from the session, but final action snail
not be taken by the Council or any
matter discussed in executive session
until the matter is placed on the agen
da.
4i) Four members of the Council
shall be a quorum for the transaction of
business. In the absence of a quorum,
any member less than a quorum may
adjourn a meeting to a later date.
(j) The Council shall determine its
own rules and order of business and
shall keep a journal of all its pro
ceedings. The journal of each meeting
of the Council shall be signed by the
Clerk and countersigned by the Mayor.
The vote upon all matters considered
by the Council shall be taken by "Yes
or "No" votes which shall be entered
upon record, except that, where the
vote is unanimous, it shall be necessary
only so to state.
<k» The Council may compel attend
ance at its meetings of any officers or
employees of the city. It may punish
for non-attendance in such manner as
it may prescribe in the code.
41) No member of the Council may
vote on any question upon which he
has a substantial direct or indirect in
terest. Otherwise, each member of the
Council shall vote on each question be
fore the Council for determination, un
less excused therefrom by the affirma
tive vote of all remaining members
able to vote on the question. If a ques
tion is raised under this section at any
Council meeting, such question shall be
determined before the main question
shall be voted on, but the Council mem
bers affected may not vote on such de
termination.
4m) The vote of at least four mem
bers shall be required for official ac
tion by the Council, unless a larger
majority is required by law.
<n) The agenda shall be published or
posted five 4 5 > days prior to a regular
meeting.
POWERS OF THE COUNCIL TO
APPOINT CITrZELN BOARDS
Section 3.7.
<a> The Council may in its discre
tion by ordinance create or abolish
boards and may grant to them the pow
er to conduct hearings, to make rec
ommendations and initial decisions
which, unless appealed from within
twenty days shall become final. The
Council shall provide for appeals by
any party affected by the proceedings
or by a city administration officer, and
shall direct that all decisions must be
promptly filed with the City Clerk as
public record.
4b) Unless the Council shall other
wise determine by a majority vote, all
questions presented to the Council con
cerning any subject which has been del
egated to a citizen board shall be sub
mitted first to the board for considera
tion.
(c> Boards established by the Coun
cil shall not be authorized to employ
or direct the employment or removal
of any administration officer or em
ployee of the city, except that the City
Manager shall consult the respective
boards regarding the appointment and
dismissal of the department head.
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RESTRICTIONS OF POWERS
OF THE COUNCIL
Section 3.8
(a» The Council and its members
shall not direct the appointment or re
moval of any administration officer or
employee of the city and shall deal
with the administrative service of the
city through the City Manager only.
<b> There shall be no standing com
mittees of the Council.
CHAPTER IV
CITY LEGISLATION
INTRODUCTION. CONSIDERATION,
STYLE AND RECORDING OF
CODE PROVISIONS
Section 4.1.
< a > Each proposed code provision
shall be introduced in written form.
The enacting clause shall be: “The
City of Palmer Ordains “
ibi No code provision shall be in
troduced and passed at the same meet
ing unless an emergency is declared by
an affirmative vote of not less than
four members of the Council,
j <c> Each code provision shall be re
corded by the City Clerk,
j <d> The City Attorney shall enter
and identify in the Code all code pro
| visions adopted by the Council. Such
j entry shall be prima facie evidence of
the due and proper adoption of all
j code provisions.
(e) The Mayor shall verify each
! code provision and authenticate it on
I the record by his signature.
<f> All official proceedings of the
city may be placed in evidence in all
courts and tribunals by a copy there
of certified as true by the City Clerk,
i under the seal of the city, in addition
[ to other methods provided or permit
I ted by law.
PUBLICATION OF CODE PROVISIONS
Section 4.2 Each code provision shall
| be published in a manner provided by
the Council. If publication is made by
j posting, a notice of the place of post
ing and a brief statement of the pur
pose of the code provision shall be
published in one or more of the news
i papers of the city within a reasonable
EFFECTIVE DATE OF TAXATION
CODE PROVISIONS
Section 4.3. No code provision which
provides for or establishes a tax shall
become effective for at least thirty
days after adoption by the Council.
TIME LIMIT FOR PROSECUTION
OF CHARTER OR CODE
I VIOLATIONS
Section 4.4. Nb prosecution for the vi
olation of this charter or of the code
shall be commenced after the expira
tion of two years following commission
of the offense, unless the accused has
fled or remained beyond the bound
arise of the city. The period of time
during which the accused remains out
side the municipal boundaries shall not
be counted.
DUE PROCESS TO BE ACCORDED
Section 4.5. All proceedings relative
to the arrest, custody, and trial of per
sons accused of any violation of this
charter or of the code shall be conduct
ed so as to accord due process of law
to the accused.
INITIATIVE AND REFERENDUM
Section 4.6. A code provision may be
initiated or a referendum may be had
on any act of the Council in the man
ner and subject to the limitations set
forth by law.
CODE PROVISIONS ADOPTED
BY THE INITIATIVE
Section 4.7.
(a) A code provision adopted by the
initiative procedure may not be amend
ed or repealed by the Council for a
I period of two years after the date of
i the election at which it was adopted.
<b» Should two or more code pro
visions adopted at the same election
| have conflicting provisions, the one re
ceiving the largest affirmative vote
shall prevail.
COUNCIL ACTION
Section 4 8. The filing with the Mayor'
of a sufficient referendary petition
within thirty days after the passage
of the act of the Council to which such
petition refers shall automatically sus
pend the operation thereof, pending re
peal by the Council or final determina
tion by the electors.
BUILDING AND ZONING
REGULATIONS
Section 4.9. To provide for the health,
safety, and welfare of citizens within
the city, the Council shall provide for
comprehensive building and zoning
regulations.
ABATEMENT OF NUISANCES
Section 4.10. The Council shall pro
vide in the code for the declaration and
abatement of nuisances which may be
offensive or tend to endanger the
health and welfare of the public, and
for the assessment of the cost thereof
against the property upon, or in re
spect of which the nuisance exists.
PORT AND HARBOR JURISDICTION
Section 4.11. The Council shall reg
ulate the use and development of all
waters and submerged lands which are
subject to the jurisdiction of the city.
OTHER MUNICIPAL SERVICES
Section 4.12. The Council shall pro
vide for the furnishing of such mu
nicipal services as it deems necessary
for the protection of the health, safety,
welfare, and morals of the public. When
the interests of the city so require, the
Council may authorize plans or agree
ments for reimbursing the city in con
sideration of furnishing any of such
services to tax-exempt persons or
agencies, whether private or govern
mental.
CHAPTER V
THE ADMINISTRATIVE SERVICE
THE COUNCIL TO PROVIDE FOR
THE CITY ADMINISTRATION
Section 5.1. The Council shall provide
in the code for the organization of the
administrative offices and departments
of the city and shall prescribe their du
ties and functions.
EMERGENCY ADMINISTRATION
Section 5.2. In order to assure con
tinuity of city services and adminis
tration in periods of emergency result
ing from war or disaster, the Council
shall provide in the code for the prompt
and temporary succession to the pow
ers and duties of administrative officers
and departments when such officers and
departments are unable to carry on
their respective powers and duties.
ADMINISTRATIVE OFFICERS AND
EMPLOYEES—APPOINTMENT.
TERMS AND COMPEiNSATION
Section 5.3.
<a> The City Manager, the City
Clerk, and the City Attorney shall be
appointed by the Council. They shall
hold office for indefinite terms at the
pleasure of the Council.
<b> All other administrative officers,
except members of city boards, shall
be appointed by the City Manager
and shall serve at his pleasure.
(C) Members of city boards shall
serve for the terms provided by law.
<d> The Council shall provide in the
code for the employment of city per
sonnel on the basis of merit and fit
ness.
<e> There shall be no discrimination
on the grounds of race, color, religion,
or national origin in the selection, dis
charge. ana fixing the terms and condi
tions of employment of city personnel.
THE CITY MANAGER
Section 5.4.
<a> The City Manager shall be chosen
solely on the basis of his demonstrated
administrative qualifications, with par
ticular empharis on his training and ex
perence as a professional municipal
administrator. He shall be a resident
of the city during his tenure in office.
<b) He shall be the chief administra
tive officer of the Council, and shall
perform the duties of his office under
the authority of and shall be account
able to the Council. His duties shall Tie
prescribed in the code by the Council
and may include duties in addition to
those set forth in this charter.
<c> He shall supervise and coordinate
the work of the administrative officers
and departments of the city, except
those of the City Attorney and the City
Clerk, and shall act as coordinator be
tween these officers and the other ad
ministrative officers.
(d> He shall prepare and recommend
to the Council the annual budget pro
posals of the city.
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(e) He shall enforce the code and
other acts of the Council and administer
all city contracts.
(f) He shall employ or be responsible
for the employment of all city em
ployees and shall supervise and coordin
ate the personnel policies and practices
of the city.
CITY CLERK
Section 5.5.
(a) The City Clerk, or his authorized
representative, shall be clerk of the
Council. He snail attend all meetings
of the Council and shall keep a record
of its proceedings.
<b> He shall record and certify all
actions of the Council.
(c» He shall have power to admin
ister all oaths required by law.
<d) He shall be custodian of the
city seal and the official records of
the city.
(e> He shall give to the proper offi
cials ample notice of the expiration
or termination of any term of office
and, wheh necessary, the conditions
or requirements of all bonds, franchises,
contracts, or agreements.
(f) He shall be the registrar of the
city and shall be responsible for the
calling and supervision of all city
elections, unless otherwise provided by
law.
<g> He shall perform such other dut
ies in connection with his office as may
be required of him by law or by the
Council.
CITY ATTORNEY
Section 5 6.
fa) The City Attorney shall act as
the legal advisor of and be responsible
to the Council. He shall advise the City
Manager and the City Clerk concerning
legal problems affecting the city ad
ministration.
(b) He shall perform such other dut
ies as may be prescribed by the Council.
CITY FISCAL AGENT
Section 5.7. The Council shall provide
in the code for the collection, receipt,
and custody of taxes, moneys, and
things of value belonging to the city
and for an administrative officer who
shall be responsible therefor.
EMPLOYEE BENEFIT PLANS
Section 5 8. Any benefit plans provid
ed for officers and employees by the
Council shall be actuarially sound.
Membership in any retirement system
which may be adopted by the city shall
constitute a contractual relationship.
Accrued benefits of any retirement sys
tem shall not be diminished or im
paired.
CHAPTER VI
BUDGET PROCEDURE AND
GENERAL FINANCE PROVISIONS
FISCAL YEAR
Section 6.1. The fiscal year of the
city shall be as established by the
Council, unless otherwise provided by
law.
BUDGET STATEMENT OF CITY
MANAGER
Section 8.2. During or prior to the
sixth week preceding the first day of
the fiscal year, the City Manager shall
present to the Council a budget propos
al for the next fiscal year of the city.
Such budget proposal shall set forth
the City Manager s recommendations for
and an analysis of the anticipated in
come and expenditures of the city dur
ing the next fiscal year, together with
comparative figures showing the esti
mated corresponding amounts for the
current year and comparisons with the
previous year. The proposed expendi
tures set forth in the budget proposal
shall not exceed the expected revenues
of the City. Unencumbered funds re
maining at the end of the current fis
cal year may be reallocated for pur
poses set forth in the budget proposal.
BUDGET ADOPTION PROCEDURE
Section 6.3..
(a) The budget proposal of the City
Manager shall be reviewed by the Coun
cial and shall be available for public
inspection in the office of the City
Clerk.
(b) The Council shall direct that a
public hearing on the budget proposal
be held not less than one week before
its final adoption. A notice of the public
hearing shall be published in a news
paper by the City Clerk at least one
week prior to the date of hearing.
(c) At a regular meeting held not
less than ten days prior to the end of
the fiscal year, the Council shall, by
resolution, adopt a budget for the
following fiscal year and make an ap
propriation of the money needed there
for.
budget prior to the third day preceding
the commencement of the next fiscal
year, the budget proposal shall be
come an appropriation and the budget
for the fiscal year without further
Council action.
BUDGET CONTROL
Section 6 4
(a) Unencumbered appropriation bal
ances may be transferred within a de
partment by the City Manager at any
time at the reqeust of the City Man
ager or on its own initiative, the Coun
cil may transfer unencumbered balances
from one office, department or agency
to another.
(b) The City Manager shall submit
periodically to the Council information
comparing estimated and actual reve
nues and expenditures to the end of
the preceding month
WITHDRAWAL OF FUNDS
Section 6.5.
(a) All funds drawn from the treas
ury shall be drawn pursuant to the
authority and appropriation of the
Council.
INDEPENDENT AUDIT
Section 6.6. An independent audit
shall be made of all accounts of the
city at least annually and more fre
quently if deemed necessary by the
Council. The annual audit shall be
made by certified public acountants em
ployed by the Council and shall be com
pleted within ninety days following the
close of the fiscal year. An analysis of
the audit shall be made public by the
Council.
CHAPTER VII
TAXATION
TAXATION BY ORDINANCE
Section 7.1. The Council shall pro
vide in the code for the annual assess
ment. levy, and collection of city
taxe*.
EXEMPTIONS
Section 7.2 The power of taxation
6hall never be surrendered. No exemp
tions from taxation shall be allowed
except such as are expressly provided
by law. Private leaseholds, contracts,
or interests in land or property owned
or held by the United States, the State,
or its political subdivisions, shall be
taxable to the extent of the interests.
ASSESSMENT DAY
Section 7.3. The taxable status of
property shall be determined as of
the first day of January, or such other
as may subsequently be required by
law. which shall be 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 the status of
any property after that day shall be
considered by the Council when acting
as a board of equalization. Standards
of appraisal shall be followed by the
Council when established as a board
of equalization. Standards of appraisal
shall be followed by the Council when
established by law.
SECURITY FOR TAXES ON
REAL PROPERTY
Section 7.4. The city 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 accumulate thereto,
which lien shall continue until the
taxes are paid.
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 re
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deem the same by paying the delinquent
city taxes and all accrued charges, pen
alties. and interest thereon, after the
city has held any tax delinquent real
property for one year, it may hold the
same for public use or sell it at public
auction to the highest bidder.
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 ar assessed fails or refuses 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, and in
terest 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 sales of any personal pro
pel ty of the person assessed. Neither
of the remedies herein given shall be
exclusive of the other at any time.
CHAPTER VIII
SPECIAL ASSESSMENTS AND
PUBLIC IMPROVEMEMENTS
GENERAL POWER RELATIVE TO
SPECIAL ASSESSMENTS AND
PUBLIC IMPROVEMENTS
Section 8.1.
(a) The Council shall have the power
to make public improvements, includ
ing local improvements, within the
city and. to the extent permitted by
law, outside the city. The Council may
determine the necessity for any public
improvement, and may determine that
the whole or any part of the cost there
of. including the cost of plans, specifi
cations, administration. engineering,
architectural, and legal expenses, and
of the acquisition of property in con
nection therewith, shall be levied by
special assessments upon the property
specially benefitted thereby. When
more than one lot or parcel of land
is to be specially benefitted. the project
shall be considered as a special assess
ment district.
(b) Any special assessment for local
improvements against property bene
fitted shall be in proportion to. and
shall not exceed, the value of the
benefit received from the local improve
ments. The Council shall establish the
method of apportioning such benefits.
(c) 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 improvement, the public im
provement shhll not proceed until the
objections have ben reduced to less
than fifty percent, except upon the ap
proval of at least five members of the
Council.
DETAILED PROCEDURE TO BE
FIXED IN THE CODE
Section 8.2 The procedure for local
improvements may be commenced by
the Council either on its own initiative
or upon receipt of a petition in the man
ner provided in the code. The Council
shall prescribe in the code the complete
special assessment procedure for local
improvements and for agreements for
furnishing capital improvements and
the extension thereof in lieu of assess
ment. For local improvements, such
code provision shall include and re
quire the following:
(1) the procedure for filing petitions
for local improvements;
(2) a survey and report by the City
Manager concerning the need for. desir
able extent of. and estimated cost of
each proposed local improvement;
(3) a public hearing by the Council
on the necessity for the local improve
ment ;
(4) a resolution of the Council deter
mining to proceed or not to proceed
with the proposed local improvement:
(5) a public hearing by the Council
on the special assessment roll for the
local improvement;
(6) publication of notice of each
hearing required by this section in a
newspaper published within the city
and by first class mail to persons whose
names appear on the current assess
ment roll as owners of real property
within the special assessment district;
(7) a resolution confirming the spe
cial assessment roll for the local im
provement.
EXPENDITURES BEFORE FUNDS FOR
IMPROVEMENT ARE AVAILABLE
Section 8.3 No expenditures, other
than for administrative, engineering,
and legal work for any local improve
ment, the cost of which is to be borne
by special assessments on the property
benfitted, shall be made unless the cash
is on hand or bonds have been author
ized to finance the cost thereof.
CORRECTION OF INVALID
SPECIAL ASSESSMENTS
Section 8.4. If any special assessment
procedure of the Council shall be ir
regular or invalid for any reason, the
Council may correct the same at any
time within ninety days after the con
firmation of the special assessment roll
or after final determination of any
litigation thereon, whether before or
after the completion of the local im
provement to which the special assess
ment applies. If payments of special
assessments have been made under the
irregular or invalid procedure, such
payments shall be credited to payments
required under the corrected procedure,
or in the alternate, the Council may
provide in the code for the payment of
refunds.
LIMITATIONS ON SUITS AND
ACTIONS
Section 8.5. No special assessment
procedure shall be contested by any
action at law or in equity, unless com
menced within sixty days after the con
firmation of the special assessment roll
therefor. If no such action be so com
menced. the procedure for such local
improvement shall be conclusively pre
sumed to have been regular and com
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 enforceable in the same man
ner as the lien for city taxes.
<b) The Council shall provide proce
dure in the code for the collection of
special assessments and the collection
charges, penalties, and interest which
shall be added for the delayed or de
linquent payment thereof
RECEIPTS FROM SPECIAL
ASSESSMENTS
Section 8.7. Accounts for special as
sessment rolls shall be created and kept
separate from all other city accounts
Moneys collected from special assess
ments shall be used solely to pay the
cost of the improvements to which they
apply and to the principal of and inter
est on indebtedness of the city
ALL REAL PROPERTY LIABLE
FOR SPECIAL ASSESSMENTS
Section 8 8 All real property, includ
ing such as is exempt from taxation by
law. shall be liable for the cost of local
improvements assessed in accordance
with this chapter, unless specifically
exempted from special assessments b'v
law.
CHAPTER IX
INTERGOVERNMENTAL RELATIONS
AGREEMENT FOR TRANSFERRING
POWERS
Section 9 1 Agreements, including
those for cooperative or joint admin
istration of any function or power, may
be made by the Council with any local
government, with the State, or with the
United States unless otherwise provided
by law. The Council may transfer to the
borough of which the city is a part any
city power or function unless prohibited
by law. Such transfer shall not take
effect for ninety days following appro
val by the Council. The Council mav
at any time revoke the transfer
COOPERATION WITH OTHER
GOVERNMENTS
Section 9.2 The city may cooperate
with the United States, with the State
or its political subdivisions, or with
other States and their political subdi
visions on matters of common interest
For this purpose the Council may make
all necessary appropriations.
CITY REPRESENTATIVES ON
BOROUGH ASSEMBLY
Section 9.3. The City shall participate
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in borough affairs. The Council shall
elect from its membership the city’s re
presentatives on the Borough Assembly.
It shall also elect alternates, any of
whom may serve in case of the tempor
ary absence of representatives.
VACANCIES IN OFFICE OF
REPRESENTATIVES ON THE
ASSEMBLY
Section 9 4 Any vacancy in the of
fice of city representative on the As
sembly shall be filled by the Council
within thirty days after such vacancy
occurs.
COMPENSATION OF
REPRESENTATIVES ON THE
ASSEMBLY
Section 9.5. Compensation received
by city representatives on the Assembly
shall not constitute compensation from
the city and shall be retained by such
representatives.
CHAPTER X
ELECTIONS
REGULAR CITY ELECTION
Section 10.1. A regular city election
shall be held anually on the frist Tues
day in October or such other date as
the Council may provide in the code.
The date of holding regular city elec
tions may not be changed by the Coun
cil at any time less than one year prior
to the date of the first regular city
election affected.
SPECIAL CITY ELECTIONS
Section 10.2. The Council shall pro
vide in the code for the calling of
special elections No less than twenty
days notice shall be given of each
special election. The notice shall state
the purpose of the election.
QUALIFIATIONS OF ELECTORS
Section 10.3.
(a) To be eligible to vote at any
city election, a person shall be regis
tered as an elector of the city. The
Council shall prescribe in the code the
procedure for the registration of elec
tors by the City Clerk and his author
ized representatives. Every resident of
the city may register as an elector of
the city within the time prescribed in
the code if he is, or will be, at the time
of the election:
(1) a citizen of the United States.
<2) at least nineteen years of age;
(3) able to speak or read the English
language as prescribed by law.
(4) immediately preceding the elec
tion. for one year a resident of
Alaska and for thirty days a resi
dent of the election district in
which the city is located.
(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 bor
rowed money is to be paid by taxes or
by special assessments levied against
property.
(c) The Council shall provide in the
code for absentee voting by registered
electors who are infirm or ill and by
those who will be out of the city for
the entire time that the polls are open
on election day.
(d) No person shall be disqualified
from voting at a city election merely
because of a change of his residence
within the city.
(e) The Council shall provide in the
code for the purity of elections and the
prevention of fraudulent voting.
ELECTION PROCEDURE
Section 10.4
(a) All elections of city officers shall
be nonpartisan.
The Council shall provide by ordinance
for:
(1) the nonpartisan nomination of
candidates for elective city offices.
(2) the printing and custody of bal
lots:
(3) the appointment and payment
of necessary election personnel;
(4) the conduct of city elections;
(5) the counting and canvassing
of ballots cast:
(6) the procedure for the recount
ing of ballots cast in the event a re
count is demanded;
(7) the declaration of results of
elections;
(81 all other matters necessary for
the holding of city elections.
(b) Except for absentee voting the
Council may provide for the use of
voting machines in lieu of paper bal
lots.
TIE VOTE
Section 10.5 In the event of a tie vote,
the Council shall determine the sue
cessful candidate by lot. Such determin
i ation shall be final.
CHAPTER X!
MUNICIPAL BORROWING
GENERAL AUTHORIZATION TO
BORROW MONEY
Section 11.1.
(a) The City shall have the power to
borrow money for any public purpose
and to issue its evidences of indebted
ness therefor. Such evidence of indebt
edness shall include, but not be limited
to those enumerated in the following
three categories:
(1) Bonds for capital improvements
authorized by the Council and ratified
by a majority of the electors qualified
under Section 10.3 (b) and who vote
thereon, voting at any regular or spec
ial election:
(a) General obligation bonds, the
principal and interest of which are
payable from taxes levied upon the
taxable real and personal property in
the city, and from any other sources
of revenue and for the payment of
which the full faith and credit of the
city are pledged without limitation as
to rate or amount;
< b> Special assersment bonds which
are issued in anticipation of the pay
ment of special assessments, or any
combination of two or more special as
sessments. which bonds shall be both
on obligation of the special as
sessment district or districts and a gen
eral obligation of the city;
(cl General obligation bonds which
are also secured by the revenue from
a revenue producing utility, such bonds
being Issued for the acquisition, con
struction. or improvement of the utility;
(2) Revenue bonds which art secur
ed only by the revenue producing pub
lic utilities and do not constitute a gen
eral obligation or debt of the city. Such
revenue bonds shall be authorized by
the Council and ratified by a majority
of the electors qualified under Section
10.3(a);
(3) Those bonds and other obliga
tions which may be authorized by the
Council and do not require ratification
by the qualified electors of the City:
(a) Revenue or tax anticipation
notes which may be issued in antici
pation of the collection of any rev
enues. including taxes, in or during
the current fiscal year of the City,
for the purpose of meeting appropria
tions during the year;
(b) Disaster bonds or notes to be
issued in case of fire, flood, wind, ex
plosion, war damage, volcanic action,
earthquake, or other calamity for the
preservation and rehabilitation of
municipal capital improvements, in
a sum not to exceed two percent of
the asessed value of all the real and
personal property in the city, and due
in not more than ten years;
. Notes for loans from accumu
lated reserves of the city on a deiin
lte plan for the repayment thereof
and of isterest thereon as provided by
the Council;
<b) Bonds or notes on which a vote
'he electorate is not required may be
authorized by the Council. No such
bonds or notes shall be Issued, how
ever. until not less than thirty davs
have passed from the date of Council
authorization. The purpose of this sec
tlon is to provide the electors of the
rlih. ? opportunity to exercise their
or no. 0r r<,f!rendum Disaster bonds
or notes may be issued immediately up
the Council* PrOPer author,“tlon by
mIi»L^?Ch bo?d or other evidence of
L "h“U contaln <m its face
whlrh o'’1? specifying the purpose for
U issued- No officer of the
anv om ‘ th* Proceeds thereof for
“ . ^J“"P°se. except that when
a "f “ny iTOPd issue
or a part thereof remain unexpended
(Continued on pago 11)