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1984-61 Reverting From A Mayor/ Manager Form Of Government To A Mayor Form Of Governmentn KODIAK ISLAND BOROUGH ORDINANCE NO. 84 -61 -0 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY REVERTING FROM A MAYOR /MANAGER FORM OF GOVERNMENT TO A MAYOR FORM OF GOVERNMENT. WHEREAS, the voters of the Kodiak Island Borough voted at the regular election of October 2, 1984 to repeal the manager plan of government, and WHEREAS, AS 29.23.480 requires introduction of provisions for the reorganization of the municipal executive at the first meeting after repeal. NOW, THEREFORE, BE IT ORDAINED that the following changes to the Kodiak Island Borough Code be made: 1. Section 2.16.030 Stipend be amended to read: 2.16.030 Stipend. Each assembly member shall receive one hundred dollars per month reimbursement for out of pocket expenses connected with fulfillment of his /her responsibilities as an attending or excused assemblyman. 2. Chapter 2.20 BOROUGH MAYOR be repealed and replaced with a new Chapter 2.20 to read: Sections: 2.20.010 2.20.020 2.20.030 2.20.040 2.20.050 2.20.060 2.20.070 Chapter 2.20 BOROUGH MAYOR Borough mayor. Election and Term. Duties. Executive Absence. Assembly Participation. Veto. Filling a Vacancy. 2.20.010 Borough mayor. The borough mayor shall be elected by the registered voters of the Kodiak Island Borough. The borough executive and administrative power is vested in the borough mayor. 2.20.020 Election and term. Any voter of the Kodiak Island Borough is eligible to hold the office of mayor. The mayor is elected at large for a term of two years and until a successor is elected and has qualified. The mayor's regular term begins on the first Monday following certification of the mayor's election. 2.20.030 Duties. The borough mayor, as the chief administrative officer, is responsible for the proper administration of all borough affairs. The mayor of the borough shall: A. Appoint borough employees and administrative officer, except as otherwise provided by this code; he may hire necessary administrative assistants as authorized by budget and appoint, suspend, or remove sub- ordinates; B. Suspend or remove by written order borough employees or admin- istrative officers except as provided otherwise in this code; C. Supervise enforcement of the borough laws; D. Prepare the annual budget and capital improvement programs for the assembly; E. Execute the budget and capital improvement program as adopted; F. Make monthly reports to the assembly on borough finances and operations; r1 1 5 7 a G. Report to the assembly at the end of each fiscal year on the finances and administrative activity of the borough; H. Prepare and make available for public distribution an annual I. Serve as borough personnel officer unless report on borough affairs; authorizes the assembly him to appoint a personnel officer; J. Direct and supervise the administration of: 1. The function of all borough officers and employees except as provided otherwise in this title, 2. The care and f boroughl except borough as real and personal property o by AS 29.33.050, 3. The construction, maintenance and operation of all borough roads, bridges, drains, buildings, and other public works; K. Execute powers an specified by Alaska law or lawfully p i 2.20.040 Executive absence. The borough mayor, subject to assembly approva sha 1 es g Hate a person to act as mayor-during the mayor's temporary absence or disability. n o a matters be ore the assembly but may not vote. 2.20.050 Assembl artici ation. The borough mayor may take part in the iscussio 2.20.060 Veto. (A) Except as provided in (B) of this section, the borough mayor may veto any ordinance, resolution, motion or other action of the assembly and may, by veto, strike or reduce items in appropriation . He ordinances except for meettin labwr9ittentstatementsadvising of histvetosandbly hall submit to at its g next t eegular 9 be overridden by two- thirds of all the giving his reasons. His veto ma on the question. (g) ) The boorrough h votes to which the g not veto actions of the assembly taken mayor ma r may under § 130(a of adjustment. )f AS 29.23.130 or actions of the board of equalization and the boar 2 20 070 Filling a vacancy. A vacancy in the office of the borough mayor oasueming wiThen ersonodesignatedrshallr serve t until h the next regular by the assembly. P essembl andisnchosen, successor If a vacancy occuurs more occurs more than six o�ntosfbll otheaunexpiredeterm�on, the assembly shall call a special elect l Section 2.23 BOROUGH MANAGER be repealed in its entirety. 4, Section 2.10.010 A ointment of officers be amended to read: All 2.10.010 A ointment of officers. The borough heclofficersaandrney \I shall be appointed by the borough Officers serve at the pleasure employees will be appointed by e of the appointing authority. 1 5. Section 2.16.050 Oath Presiding officer and de ut be amendedouohread: i I 2.16.050 Oath-- Presidin officer and de ut . A. clerk II shall a inister the oat o o ice to new y e ected and certified t\ assemblymen on the first regular meeting date following each borough election. shall elect from among its members a presiding (B) The assembly officer and a deputy ty presiding officer to serve at its pleasure. If the presiding officer is not present or disqualifies himself, the deputy I presiding officer shall preside. I) t 1,11 6. Section 2.16.130 nd replaced 10 Repor I be repealed a I i0rdinance No. 84 -61 -0 \lPage 2 e Section 2.16.140 Conduct of meetings be amended to read: 2.16.140 Conduct of meetings. A. The presiding officer or deputy in his absence, shall conduct all assembly meetings and shall preserve order and decorum during the meetings. He may make rules that he deems to be proper to preserve order during the assembly sessions. The presiding officer may speak to a point of order in preference to other members and shall decide all points of order subject to overruling by a majority vote of the assembly. He may participate in the debate of any matter and may call any member to the chair to substitute during amy meeting until he elects to resume the chair. B. The conduct of meetings of the assembly shall be governed according to Robert's Rules of Order, revised, and additional rules that may be adopted by the assembly. Section 2.28.020 Definitions be amended by repealing Item C Borough Manager and relettering all items below Item B beginning with Item C Borough Mayor. Section 2.28.030 Emergency services council Item A be amended to read: 2.28.030 Emergency services council. A. Membership. The emergency services council is created and shall consist of the city of Kodiak mayor and manager, the Kodiak Island Borough mayor, and the Commanding Officer of the United States Coast Guard Support Center at Kodiak or his designee. lO. All other sections of the Kodiak Island Borough Code be amended by repealing the word "manager" and replacing with the word "mayor" in all references to the administrative position of borough manager. AND BE IT FURTHER ORDAINED that this ordinance take effect upon the Monday following the certification of the regular election of October 1985. PASSED AND APPROVED this 6th day of December , 1984. KODIAK ISLAND BOROUGH Bdrdugh M~'yor -' ' ~ATTEST- ; Bo-'Fo'ugh Cl~4~k' First Reading and Approval Date: iSecond Reading, Public Hearing and Approval Date: ;Effective Date: December 6, 1984 November 1, 1984 December 6, 1984 !Recommended By: Ordinance No. 84-61-0 Page 3 4.05.040--4.05.060 1. The residence and mailing address of, and a le- gal description of the relevant real property owned by, each signer; 2. The name and mailing address of a representative designated to receive correspondenge on behalf of the signers; 3. A statement of the services provided, or proposed to be provided, in the service area; and 4. A vicinity map indicating the area in which the service area is proposed to be established, altered or abolished. B. The petition shall be submitted to the borough clerk, who shall review it for conformity to this subsection. The clerk shall return an insufficient petition to its spon- sors with a written description of its deficiencies. C. The clerk shall refer a sufficient petition to the ~~ who shall prepare and submit to the assembly an ordinance effecting the proposed action. (Ord. 80-29-0 Sl (part), 1980). 4.05.040 Initiation b~ assembly. The assembly shall initiate the establishing, altering or abolishing of a ser- vice area by introducing an ordinance effecting the proposed action. (Ord. 80-29-0 Si(part), 1980). 4.05.050 Standards for assembl~ action. A. In acting on an ordinance under this chapter, the assembly shall con- sider and make findings on the following issues: 1. The need for services within the area, and the feasibility of providing them, considering the area's size, population, and the facilities and services already exist- ing therein; 2. The assessed or estimated value of all taxable property within the area; 3. The characteristics of the area indicating its cohesiveness as a community; and 4. The area's ability to pay for the proposed service. B. No lot, tract or parcel shall be in more than one service area. (Ord. 80-29-0 §l(part), 1980). 4.05.060 Election required. A. An ordinance altering or abolishing a service area within which one or more ser- vices are being provided shall not be effective unless ap- proved by a majority of the qualified voters voting on the question in each area affected by the ordinance. The ques- tion shall be submitted and the result implemented as pro- vided in Chapter 4.10. B. For the purposes of this section, the area affected by the abolishing of a service area is the entire service area. The area affected by the altering of a service area 51-1 (Kodiak Island Borough 4/81) 16.12.030 B. The preliminary plat will be submitted in four legible, semi-permanent copies to the borough clerk not less than fourteen days prior to a regular meeting of the planning commission and the filing fee shall be paid at this time. C. The borough clerk shall immediately forward for review one copy of the preliminary plat to the borough chair~ .~.one to the borough engineer and hold one in the planning commission file. D. The borough engineer shall make his.comments and recommendations in writing and so submit them to the chair- man of the planning commission at least two days prior to the commission meeting. E. The commission shall review the plat and if possible discuss it with the subdivider or his representative and shall later approve or disapprove the plat. F. The approval or disapproval of the preliminary plat will be conveyed to the subdivider in writing within five days after the meeting of the planning commission at which such plat was considered. In case the plat was dis- approved, %he subdivider shall be notified of the reason for such action and what requirements will be necessary to meet the approval of the commission. The approval of the preliminary plat does not constitute an acceptance of the subdivision, but is deemed to be an authorization to proceed with the preparation of the final plat. This approval of the preliminary plat shall only be effective for a period of twelve months unless an extension is granted by the planning commission. If the final plat has not been submitted for approval within this period, a prelimi- nary plat must again be submitted to the commission for approval and must be accompanied by a new filing fee. G. The action and conditions, if any, of the commis- sion shall be noted on all four copies of the plat. One copy shall be returned to the subdivider, one copy shall be filed in the permanent planning commission file, and one copy shall be transmitted to the borough engineer. (Ord. 83-45-0 Sl, 1983; prior code Ch. 5 subch. 4 §3B). 16.12.030 Final ~lat procedure. A. The final plat shall comply with the requirements of Section 16.16.020 and shall be submitted to the borough clerk not less than fourteen days prior to a regular meeting of the planning commission. B. The final plat shall be submitted on tracing cloth or approved plastic in ink or an equivalent reproducible with four blue or black line prints thereof together with copies of any covenants or attachments where such restric- tions are too lengthy to be shown on the plat. C. The borough clerk shall immediately forward for review one copy of the final plat to the borough chairman., one to the borough engineer, place one in the permanent 72-1 (Kodiak Island Borough 9/83) 16.16.020 IN TESTIMONY WHEREOF: has caused these presents to be signed and his seal to be affixed this day of 19 __. State of Alaska THIRD JUDICIAL DISTRICT By: ) ) )ss ) THIS IS TO CERTIFY, that before me, the undersigned, a Notary Public in and for the State of Alaska, duly com- missioned and sworn as such, personally appeared the within named , known to me and to me known to be the identical individual named in and who executed the foregoing instrument and who acknowledged to me that he signed and sealed the same as his free and voluntary act and deed and for the uses and purposes therein mentioned and set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day of , 19 NOTARY PUBLIC FOR ALASKA My Commission Expires: Kodiak Island Borough Planning Commission: Received: Approved: ASSEMBLY: This is to certify that the within plat was duly submitted to and approved by the Kodiak Island Borough Assembly, by resolution number duly authenti- cated as passed this day of , 19 . BOROUGH ~HAI RMAN BOROUGH CLERK (Prior code Ch. 5 subch. 4 S4B). 76 18.35.040--18.35.050 18.35.040 Enforcement. Appropriate action may be taken by the ~'or his designee at any time, or from ~~.~n orce the provisions of this chapter or time to time, to ~ to prevent violations thereof. (Ord. 83-7-O(A) §l(part), 1983). 18.35.050 Penalties and remedies. A. A person who violates the provisions of this chapter is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than three hundred dollars. B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may bring a civil action to enjoin any violation of this chapter, or to obtain damages for any injury the plaintiff suffered as a result of the violation. C. Each act or condition violating this chapter, and each day during which the act or condition exists, continues or is repeated shall be a separate and distinct violation. D. The penalties provided for violation of this chapter are in addition to and not in lieu of any other penalty pro- vided for in state law or any civil remedy available to the borough. (Ord. 83-37-0 §5, 1983: Ord. 83-7-O(A) Si(part), 1983). Chapter 18.40 LEASING OF REAL PROPERTY OR INTEREST THEREIN Sections: 18.40.010 18.40.020 18.40.030 18.40.040 18.40.050 18.40.060 Leasing procedures. Negotiated leases. Term of lease. Terms and conditions of leases. Minimum acceptable annual rental. Deposit and receipt. 148/154 (Kodiak Island Borough 9/8'3) 18.40.080--18.40.110 3. Annual rentals of one thousand dollars or more may'be paid monthly. ~3. The effective date of the lease contract shall determine the anniversary date for determining payment dates. (Ord. 78-7-0 §2(part), 1978). 18.40.080 Adjustment of rental. The annual rent due shall be reviewed and adjusted by thereat the end of the first five-year term and at the end o-~-f-~-v~ry five-year term thereafter. Any changes or adjustments shall be based upon changes in the appraised fair market value of the land and improvements being leased, excluding landfill and other improvements placed upon the land by the lessee; pro- vided, however, that the value of landfill and improvements placed by a lessee and not removed on termination or ex- piration of the lease shall be utilized in the calculation of rentals for subsequent leases of the property with those improvements. (Ord. 78-7-0 §2(part), 1978). 18.40.090 Use of material. The lessee shall not sell or remove for use off the premises any timber, stone, gravel, peat moss, topsoils, or any other material valuable for building or other commercial purposes; provided, however, that material may be used, if required, for the development of the leasehold. Any removal of such material from the leasehold shall require written approval from the Mn&qer and, for instances involving a commercial quantity, market value shall be paid to the borough. (Ord. 78-7-0 S2(part), 1978). 18.40.100 Lease utilization. Leased borough real prop- erty shall be utilized for purposes within the scope of the application, the terms of the lease, and in conformity with the borough comprehensive plan. Utilization or development for other than the allowed uses shall constitute a violation of the lease and subject the lease to cancellation. Failure to commence construction of the proposed improvements within two years or failure to complete construction of the proposed improvements within five years of the date of lease shall be a breach of lease and shall, at the borough's option, result in termination of the lease unless the borough has granted an extension under the terms and conditions set forth in Section 18.20.130. (Ord. 78-7-0 S2(part), 1978) 18.40.110 Subleasing. Lands or interest therein leased from the borough may be subleased upon receiving prior written approval of the ~a~_~. This approval shall not be unreasonably withheld.-U-~ilization of constructed im- provements shall be a substantial reason for the sublease. Subleases shall be in writing and be subject to all terms 156 (Kodiak Island Borough 1/82)