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FY2005-07 Amendment Title 1 Change Order Manager AuthorityKODIAK ISLAND BOROUGH ORDINANCE NO. FY2005 -07 Introduced by: Requested by: Drafted by: Introduced: Public Hearing: Adopted: Borough Clerk Borough Clerk Borough Clerk 10/07/2004 10/21/2004 10/21/2004 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 1 GENERAL PROVISIONS CHAPTER 1.04 GENERAL PROVISIONS SECTION 1.04.030 DEFINITIONS TITLE 2 ADMINISTRATION AND PERSONNEL CHAPTER 2.15 BOROUGH MAYOR SECTION 2.15.080 EXECUTIVE ABSENCE CHAPTER 2.16 BOROUGH ASSEMBLY SECTION 2.16.050 OATH – DEPUTY MAYOR SECTION 2.16.060 DECLARING AND FILLING VACANCIES CHAPTER 2.17 RULES OF THEASSEMBL SECTION 2.17.030 TYPES OF MEETINGS TITLE 3 REVENUE AND FINANCE CHAPTER 3.16 CONTRACT, PURCHASE, SALE, AND TRANSFER PROCEDURE SECTION 3.16.100 CHANGE ORDERS – MANAGER AUTHORITY WHEREAS, the following amendments are in accordance with A.S. 29.20.160 and A.S. 29.20.260; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Title 1 General Provisions, Chapter 1.04 General Provisions is hereby amended as follows: Sections: Chapter 1.04 GENERAL PROVISIONS 1.04.01 Grammatical interpretation. 1.04.02 Tense, number, and gender. 1.04.03 Definitions. 1.04.04 Effective dates of ordinances, resolutions, and other actions of the assembly —Time. 1.04.030 Definitions. As used in the ordinances and resolutions of the Kodiak Island Borough; unless . t .t otherwise the context �ulerwlse reyulres: A. "Assembly" means the elected governing body of the Kodiak Island Borough; B. "Borough" means the Kodiak Island Borough; C. "Administrative official" means the individual designated by assembly resolution to act as manager during the manager's absence or disability; D. "Attorney" means the legal advisor of the governing body and other officials of the borough; E. "Clerk" means the borough clerk duly appointed by the assembly; Kodiak Island Borough, Alaska Ordinance No. FY2005 -07 Page 1 of 6 F. "Code" means the Code of Ordinances of the borough; G. "Deputy-may presiding officer" means the deputy presiding officer of the assembly appointed by the assembly; H. "Law" includes ordinances of the borough; I. "Manager" means the chief administrator of the borough; J. "Mayor" means the elected mayor of the borough and presiding officer of the assembly; K. "Oath" means an oath or an affirmation in all cases where by law an affirmation may be submitted for an oath, and in such case the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed "; L. "Owner ", as applied to a building or land, means an owner, part owner, tenant in common, or tenant by the entirety of the whole or part of the land or building; M. "Person" means a corporation, partnership, firm, association, organization, business, trust, or society as well as a natural person; N. "Registered mail" means registered or certified mail; O. "School board" means those persons elected to the Kodiak Island Borough School Board of Education; and P. "Seal" means the corporate seal of the borough. Section 3: Title 2 Administration and Personnel, Chapter 2.15 Rules of the Assembly is hereby amended as follows: Sections: Chapter 2.15 BOROUGH MAYOR 2.15.010 Office created. 2.15.020 Qualification and election of borough mayor. 2.15.030 Oath of office. 2.15.040 Duties. 2.15.050 Assembly participation. 2.15.060 Veto. 2.15.070 Miscellaneous. 2.15.080 Executive absence. 2.15.090 Vacancy in the office of mayor. 2.15.100 Filling a vacancy. 2.15.080 Executive absence. A. In the mayor's absence, the deputy - mayor presiding officer shall preside at all regular and special meetings and perform the duties assigned by the mayor or assembly. B. The borough mayor, subject to assembly approval, shall designate a person to act as mayor during the borough mayor's temporary absence or disability. If a manager plan has been adopted, the _______cc_ shall designate by i r a b administrative official to act as aVVp {CG, l //C assembly S / /a // IICJ /y /IC IC N resolution a borough administrative ........... to ..�. -_ manager during the manager's absence or disability. Kodiak Island Borough, Alaska Ordinance No. FY2005 -07 Page 2 of 6 Section 4: Title 2 Administration and Personnel, Chapter 2.16 Borough Assemb /y is hereby amended as follows: Chapter 2.16 BOROUGH ASSEMBLY Sections: 2.16.005 Legislative powers. 2.16.010 Composition. 2.16.020 Term. 2.16.050 Oath -- Deputy mayor presiding officer. 2.16.060 Declaring and filling vacancies. 2.16.070 Absences. 2.16.150 Ordinance- -Form. 2.16.160 Ordinance -- Adoption. 2.16.170 Resolution - -Form. 2.16.180 Resolution -- Adoption. 2.16.190 Journal of proceedings. 2.16.200 Retention, disposal, and microfilming of public records. 2.16.050 Oath -- Deputy mayor presiding officer. A. The clerk shall administer the oath of office to newly elected and certified assemblymembers on the first regular meeting date following each borough election. B. The assembly shall elect from among its members a deputyn a presiding officer, as specified in subsection 2.17.040(A) of this title, to act as the chair in the absence of the mayor to conduct the meetings and see that the rules are observed. If the deputy mayor presiding officer is not present or disqualifies himself, the senior assemblymember present shall act as the chair. When a member of the assembly is acting as the "chair ", the member retains all privileges otherwise held as a member of the assembly. 2.16.060 Declaring and filling vacancies. A. The assembly shall declare an assemblymember's seat vacant when the assemblymember: 1. resigns and the assembly accepts the resignation; 2. is convicted of a felony or an offense involving a violation of the oath of office; 3. no longer physically resides in the borough; or 4. misses more than four (4) unexcused consecutive regularly scheduled assembly meetings, or misses one -half (1/2) of all regular assembly meetings of the assembly in a six (6) month period. B. If less than ninety (90) days remain in a term, the vacant seat shall not be filled. If a seat is declared vacant and more than ninety (90) days remain in the term, then the clerk shall publish reasonable public notice of the vacancy and, for fourteen (14) days after the first publication thereof, receive applications from persons interested in being appointed to the vacant seat. The assembly shall review the applications and may interview applicants. Not later than thirty (30) days after the seat is declared vacant, the assembly shall appoint from among the applicants a qualified person to fill the vacant seat. C. In appointing a person from among the applicants, the assembly shall utilize the voting procedures specified in subsection 2.17..040(A) of this title for the election of the deputy mayor presiding officer. Kodiak Island Borough, Alaska Ordinance No. FY2005 -07 Page 3 of 6 D. Notwithstanding B of this section, if the membership of the assembly is reduced to fewer than four (4) assemblymembers, then the remaining assemblymembers shall appoint as many qualified persons to the assembly as is necessary to once again constitute a quorum. The assembly shall utilize any procedure which is reasonable under the circumstances in making the appointments required by this subsection and shall make said appointments not later than seven (7) days after the quorum was reduced to less than four (4) assemblymembers. E. Persons appointed to fill a vacancy shall serve until the next regular election, at which time a successor shall be elected to fulfill the remainder of the unexpired term of office. Section 5: Title 2 Administration and Personnel, Chapter 2.17 Rules of the Assembly is hereby amended as follows: Chapter 2.17 RULES OF THE ASSEMBLY Sections: 2.17.010 Authority. 2.17.020 General rules. 2.17.030 Types of meetings. 2.17.040 Organization and presiding officer. 2.17.050 Committees and duties. 2.17.060 Order of business and agenda. 2.17.070 Ordinances, resolutions, and motions. 2.17.075 Emergency ordinances. 2.17.080 Debate. 2.17.090 Citizens' rights. 2.17.100 Miscellaneous. 2.17.030 Types of meetings. A. Regular meeting: The assembly shall meet in the borough assembly chambers, in the borough administration building, Kodiak, Alaska, and are to commence at 7:30 p.m. on the first and third Thursday of each month, or such other time and place as may be designated in the notice of the meeting. Public notice of changed meetings shall be made in at least one (1) newspaper of general circulation in the borough. Meetings shall adjourn at 11:30 p.m. unless the time is extended by a majority of the votes to which the assembly is entitled. No meeting shall be extended beyond midnight, unless extended by a two- thirds (2/3) vote of the assembly, except the meeting shall be extended to set the time and place for resumption of the meeting. B. Special meetings: Special meetings may be called by the mayor, deputy rnayor presiding officer, or by three (3) members of the assembly and, except in an emergency, upon no less than twenty -four (24) hours effective notice to each member. Effective notice shall be written or oral. The notice shall indicate time, location and the purpose of the special meeting and by whom called. The calendar for a special meeting snail be as foiiows: 1. roll call 2. citizens' comments 3. consideration of matters in the call for the special meeting 4. adjournment Matters not included in the call for the special meeting may not be considered. Special meetings shall commence and adjourn as provided in subsection A of this section unless specifically amended. C. Adjourned or recessed meetings: If the assembly has not concluded the agenda, the Kodiak Island Borough, Alaska Ordinance No. FY2005 -07 Page 4 of 6 time and place of the resumption of the meeting shall be announced or the items shall be carried over to the following regular meeting or taken up at a special meeting called for that purpose. D. Work sessions: The assembly may meet informally in work sessions, at the call of the mayor, deputy mayor presiding officer, or by three (3) members of the assembly, to review forthcoming programs of the borough, receive progress reports on current programs or projects or receive other similar information from the manager, provided that all discussions and conclusions thereon shall be informal. Work sessions are public and no formal action shall be taken by the assembly. E. Executive sessions: The assembly may meet in executive session, at the call of the mayor, deputy mayor presiding officer, or any four (4) members of the assembly, only during a regular or special meeting, to privately discuss matters of confidential concern to the well being of the borough government. 1. Upon adoption of a motion stating the purpose for an executive session the assembly in closed session may discuss: a. potential or pending litigation to which the borough may become or is a party; b. any matter the immediate public knowledge of which would tend to affect adversely the finances of the borough; c. any matter which would tend to defame or prejudice the character or reputation of any person, except that the person may request a public discussion; or d. matters involving negotiations with labor organizations representing borough employees; e. matters which by law or ordinance are required to be confidential; f. confidential attorney - client communications made for the purpose of facilitating the rendition of professional legal services to the borough; g. matters pertaining to personnel; and h. land acquisition or disposal. F. This section does not apply to quasi - judicial boards when holding a meeting solely to make a decision in an adjudicatory proceeding. 2.17.040 Organization and deputy mayor presiding officer. A. Organization: The assembly shall annually, at the November meeting, elect from its members a deputy mayor presiding officer to serve at the assembly's pleasure. B. Election of the deputy mayor presiding officer of the assembly shall be in the following manner: 1. as the first order of business, nominations for deputy mayor presiding officer shall be opened. 2. nominations may be made by any member of the assembly. 3. at the close of nominations, a ballot shall be taken. The clerk shall distribute, collect, and with the assistance of one (1) other person, tally the ballots. The clerk shall announce the results. 4. a majority vote of the assembly shall be required for election. 5. if no majority is cast for any candidate, the candidate with the fewest ballots shall be dropped from the list of candidates until there are two (2) remaining and balloting shall continue until one (1) candidate is elected. C. Deputy mayor presiding officer: The deputymayorpresiding officer shall preside as the chair at assembly meetings in the absence of the mayor. If at any meeting the deputy mayor presiding officer is not present, or is unable to act, the senior a_ ssemh_lymP_ m_be_r present shall preside as the chair. present Kodiak Island Borough, Alaska Ordinance No. FY2005 -07 Page 5 of 6 Section 6: Title 3 Revenue and Finance, Chapter 3.16 Contract, Purchase, Sale, and Transfer Procedures are hereby amended as follows: Chapter 3.16 CONTRACT, PURCHASE, SALE, AND TRANSFER PROCEDURES Sections: 3.16.010 Contract, purchase, sale, and transfer procedures. 3.16.020 Limitation on manager's authority. 3.16.030 Open market procedures. 3.16.040 Advertising for bids. 3.16.050 Processing of bids. 3.16.060 Local preference. 3.16.070 Exceptions to bidding requirements. 3.16.080 Lowest responsible bidder. 3.16.090 Requirements mandatory. 3.16.100 Change orders -- Manager authority. 3.16.105 Circumvention of bidding requirements prohibited. 3.16.110 Competitive sealed proposals -- Negotiated procurement. 3.16.100 Change orders -- Manager authority. The manager, or designee, is authorized, without assembly approval, to enter into change orders with respect to borough construction projects where the amount of additional expenditure occasioned by the change order or orders does not, in the aggregate, exceed ten thousand (10,000) dollars. The manager, or designee, shall report monthly to the assembly the nature and amount of such change orders. If the change order or orders exceeds ten thousand (10,000) dollars, it will require the signatures of: A. The mayor and deputy ,r,ayor presiding officer ; B. The mayor and one (1) assembly member in the absence of the deputy mayor presiding officer ; C. The deputy mayor presiding officer and one (1) assembly member in the absence of the mayor; or D. Any two (2) assembly members in the absence of the mayor and deputy mayor presiding officer . ATT L JT. d ith A. Nielsen, CM ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS TWENTY -FIRST DAY OF OCTOBER, 2004 Borough Clerk KODIAK ISLAND BOROUGH Tuck Bonney, Deputy Bi;rough Mayor Kodiak Island Borough, Alaska Ordinance No. FY2005 -07 Page 6 of 6