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;
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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.
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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.
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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
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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
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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
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