Tab_159[t11 I [S1I I
I, DEBRA MARLAR, City Clerk of the City of Kodiak, a municipal corporation of
the State of Alaska, HEREBY CERTIFY as follows:
1. The City of Kodiak was duly incorporated on September 11, 1946. A
Home Rule Charter for the City of Kodiak was ratified on March 16, 1965. A copy of the
Charter, as amended to the date hereof, is attached hereto as Exhibit A.
2. The members of the Council of the City of Kodiak during the period from
January 1, 2016, through the present, and the date of beginning and the date of
expiration of their terms were and now are, as follows:
Laura Arboleda
Randall Bishop
Charles Davidson
Gabriel Saravia
Richard Walker
John Whiddon
October 2015 to October 2017
October 2014 to October 2017
October 2013 to October 2019
October 2015 to October 2018
October 2015 to October 2018
October 2013 to October 2019
3. Each of the foregoing members of the Council of the City of Kodiak was
duly elected or appointed and qualified, and held office continuously as a member of the
Council as stated in the foregoing paragraph.
4. Since October 2015, Pat Branson was, and now is, the duly elected,
qualified, and acting Mayor of the City of Kodiak.
5. Since May 2009, Aimée Kniaziowski was, and now is the duly appointed,
qualified and acting City Manager of the City of Kodiak.
6. Since June 2015, Kelly Mayes was, and now is, the duly appointed,
qualified and acting Finance Director of the City of Kodiak.
7. Since November 5, 1999, Debra Marlar was, and now is, the duly
appointed, qualified, and acting City Clerk of the City of Kodiak.
8. Since August 1, 2000, Birch Horton Bittner & Cherot were, and now are,
the duly appointed, qualified, and acting City Attorneys of the City of Kodiak.
9. Regular meetings of the Kodiak City Council are held on the second and
fourth Thursdays of each month, at 7:30 p.m., at the Assembly Chambers of the
Borough Building, 710 Mill Bay Road, Kodiak, Alaska.
10. The seal impressed on this certificate is the duly adopted and only official
seal of the City of Kodiak.
505786\83\00554408
IN WITNESS WHEREOF, I have executed this certificate and impressed the seal
of the City of Kodiak hereon this 3rd day of November, 2016.
CITY OF KODIAK, ALASKA
/....
/
DEBRA MARLAR, City Clerk
[SEAL]
2
505786\83\00554408
Page 1 of 40 Kodiak City Code Charter of the City of Kodiak, Alaska
Charter of the City of Kodiak, Alaska
Adopted by the Charter Commission
February 9, 1965
Ratified by the People of Kodiak
March 16, 1965
I f: I.]ZI[]II I1
Preamble
I Incorporation, form of government, powers, interpretation
II The council
Ill City manager and administrative departments
IV Officers and employees
V Budget, taxation, and fiscal affairs
VI Borrowing
VII Local public improvements
VIII Public utility services
IX Municipal court
X Elections
XI Initiative, referendum, and recall
XII Intergovernmental relations
XIII Amendment and separability of charter
XIV Succession in government
The Kodiak City Code is current through Ordinance 1356, passed August 11, 2016.
Kodiak City Code Charter of the City of Kodiak, Alaska Page 2 of 40
PREAMBLE
We, the people of the City of Kodiak, exercising the powers of home rule granted to us by the
constitution and laws of the State of Alaska, in order to provide for more efficient, adequate, and
economical government, do hereby ordain, ratify, and establish this Charter of the City of Kodiak,
Alaska.
The Kodiak City Code is current through Ordinance 1356, passed August 11, 2016.
Kodiak City Code Charter of the City of Kodiak, Alaska Page 3 of 40
ARTICLE I
lyco :_1 1
Section
I-i Incorporation
1-3 Government
1-4 Powers of the city
1-5 P—licability of state law
l. etations—deffl11II!
I-i Incorporation
The City of Kodiak, Alaska, shall continue to be a municipal body politic and corporate in perpetuity
under the name of the 'City of Kodiak, Alaska." It shall succeed to and possess all the property,
rights, privileges, franchises, powers, and immunities now belonging to the corporation known as
the City of Kodiak, Alaska; and shall be liable for all debts and other obligations for which the
corporation is legally bound at the time this charter goes into effect.
1-2 Boundaries
The boundaries of the City as they exist at the time this charter goes into effect, shall remain the
boundaries of the City until they are changed in a manner authorized by the state constitution
and/or law.
1-3 Government
The municipal government provided by this charter shall be known as the "Council-Manager
Government." All powers of the City shall be exercised in the manner prescribed by this charter, or,
if the manner is not thus prescribed, then in such manner as the council may prescribe by
ordinance.
1-4 Powers of the city
The City of Kodiak, Alaska, shall have all the powers, functions, rights, privileges, franchises, and
immunities of every name and nature whatever which a home-rule city may have under the
constitution and laws of the State of Alaska. The City may exercise all legislative powers not
prohibited by law or by this charter.
The enumeration or mention of particular powers by this charter shall not be deemed to be
exclusive or limiting; and in addition to the powers enumerated or mentioned herein or implied
hereby the City shall have all powers which, under the state constitution and law, it would be
competent for this charter specifically to enumerate or mention.
The Kodiak City Code is current through Ordinance 1356, passed August 11, 2016.
Kodiak City Code Charter of the City of Kodiak, Alaska Page 4 of 40
1-5 Applicability of state law
Provision of state law relating to matters which may be regulated by home-rule cities, shall be in
effect in this City only insofar as they are applicable and are not superseded by this charter or by
ordinance.
1-6 Interpretations—definitions
Except as otherwise clearly indicated by the context:
(1) The singular includes the plural, the plural includes the singular, and the masculine gender
extends to and includes the feminine gender and the neuter.
(2) Words indicating the present tense are not limited to the time of adoption of this charter, but
may extend to and include the time when an event or requirement occurs to which any provision is
applied.
(3) "Capital Improvement" means a public improvement of a permanent nature, and may include
land and equipment necessary for the functioning of a building or other capital improvement.
(4) "City" means the City of Kodiak, Alaska.
(5) "Council" means the city council of the City of Kodiak. "All its members" or "all
Council members" means the total number of councilmembers provided for in this charter, without
regard to vacancies or absences.
(6) "Law" denotes applicable federal law, the constitution and statutes of Alaska, and applicable
common law.
(7) "Local Improvement" means public improvement specifically beneficial to the property affected,
and also includes the abatement of such unsafe, unhealthful, or unsanitary conditions as the council
shall determine to be a public nuisance.
(8) "Ordinance" means a law of the City; provided that a temporary or special law, administrative
action, order or directive, may be in the form of a resolution.
(9) "Person" extends and applies to an association, firm, corporation, governmental agency and unit
of government as well as to an individual.
(10) "Public Improvement" means improvements to or in connection with streets, sidewalks, parks,
playgrounds, buildings, sewer systems, water systems, power systems, harbor facilities, and any
other real property or appurtenances thereof of the City used by the public.
(11) "Public Utility" includes all common carriers in the public streets, water, sewage disposal,
electric light, central heating, gas, electric power, telephone and telegraph lines and systems, and
such other and different enterprises as the law or the council may determine.
The Kodiak City Code is current through Ordinance 1356, passed August 11, 2016.
Kodiak City Code Charter of the City of Kodiak, Alaska Page 5 of 40
(12) "Publish," "published," or "publication" includes the setting forth of any matter for public notice
at least once in one or more newspapers of the City qualified by law for thepublication of notices,
or posting in at least five conspicuous public places in the City. In all such cases of publication by
posting, the city clerk shall provide a copy of the ordinance, notice, or document posted on request
from any person, without charge, at any time within two months after posting.
The Kodiak City Code is current through Ordinance 1356, passed August 11, 2016.
Kodiak City Code Charter of the City of Kodiak, Alaska Page 6 of 40
ARTICLE II
THE COUNCIL
Section
111 Councflmembers—=r - rgMllfiction
For statutory provisions vesting legislative power in the council, see AS 29.20.050; on
qualifications for office, see AS 29.20.140; and requiring a permanent file of resolutions, see AS
29.25.060.
Il-i Councilmembers—number, qualification
There shall be a council of six members. Only persons who, at the time of their election or choice
to fill a vacancy, are at least twenty-one (21) years old and have resided within the City at least one
year, or in the case of a newly annexed area, within either the City or the newly annexed area, for a
total of at least one year, shall be qualified for the office of councilmember. No councilmember may
hold another office or position with compensation in the city government. If any councilmember
The Kodiak City Code is current through Ordinance 1356, passed August 11, 2016.
Kodiak City Code Charter of the City of Kodiak, Alaska Page 7 of 40
ceases to be a resident of the City, that councilmember shall thereupon cease to hold office. [Ord.
1055, 1997; election held October 7, 1997; passage ratified October 23, 1997; Ord. 990 §1, 1994;
election held October 4, 1994; ratified October 13, 1994; Res. 11-68, election held September 13,
1968, passage ratified September 16, 19681
11-2 Mayor and Deputy Mayor
There shall be a mayor who shall have all the qualifications of a councilmember, and, in addition,
must be at least thirty (30) years of age at the time of his election or choice to fill a vacancy. The
mayor shall preside at meetings of the council, and shall certify the passage of all ordinances and
resolutions passed by it. The mayor shall have no regular administrative duties, except that the
mayor shall sign such written obligations of the City as the council may require. If a vacancy
occurs in the office of mayor, the council shall elect a qualified person, who may or may not be a
councilmember at the time, to be mayor for completion of the unexpired term or until the vacancy is
filled by election. If a councilmember is elected mayor, the councilmember's office shall be vacated
upon taking office as mayor, and then be filled as prescribed elsewhere by this charter.
Not sooner than thirty (30) days nor more than sixty (60) days from the beginning of the terms of
newly elected councilmembers, the council shall elect one of its members deputy mayor, who shall
serve as such until the next such first meeting. The deputy mayor shall act as mayor during the
absence or disability of the mayor or, if a vacancy occurs in the office of mayor, until another
mayor is elected by the council and qualifies. If the office of deputy mayor becomes vacant, the
council shall elect from its members another deputy mayor for the completion of the unexpired
term. The deputy mayor, when acting as mayor, shall continue to have a vote as councilmember;
but the deputy mayor shall not have veto power.
Should both mayor and deputy mayor be absent from a council meeting, a temporary mayor shall
be appointed by the council to serve during such absence.
11-3 Compensation
The compensation of the mayor and councilmembers shall be determined by a non-emergency or
initiated ordinance; but no increase in the compensation, except when made by ordinance enacted
by the qualified voters by initiative, shall become effective until after a regular city election has
been held. The mayor and councilmembers shall not receive any other compensation for any
personal service rendered the City, but may be reimbursed for expenses incurred in the discharge
of their official duties. [Ord. 694, 1984; election held October 2, 1984; passage ratified October 10,
1984]
11-4 Powers
Except as otherwise provided in this charter, all powers of the City, including the determination of
all matters of policy, shall be vested in the council. Without limitation of the foregoing, the council
shall have the power:
The Kodiak City Code is current through Ordinance 1356, passed August 11, 2016.
Kodiak City Code Charter of the City of Kodiak, Alaska Page 8 of 40
(1) To appoint and remove the city manager as provided in this charter;
(2) By ordinance to enact legislation relating to any or all subjects and matters not prohibited by the
state constitution or by law or by this charter;
(3) To adopt the budget, raise revenue and make appropriations, and regulate salaries and wages,
and all other fiscal affairs of the City;
(4) To inquire into the conduct of any office, department, or agency of the City, and investigate
municipal affairs;
(5) To appoint or elect and remove its own subordinates, personnel in the department of law, the
members of the personnel board, and other quasi-legislative, quasi-judicial, or advisory officers and
authorities, or prescribe the method of appointment or electing and removing them; and
(6) To create, change, and abolish all offices, departments, and agencies of the city government
other than the offices, departments, and agencies created by this charter; and to assign additional
powers, duties, and functions to offices, departments, and agencies created by this charter.
11-5 Council not to interfere in appointments and removals, etc.
Neither the council, any councilmember, nor the mayor, may participate in any manner, except as
provided in this charter, in the appointment or removal of officers and employees of the City.
Except for the purpose of inquiry, the council and the mayor shall deal with the administrative
service solely through the city manager.
11-6 City clerk
There shall be a city clerk, who shall be an official of the City appointed by the council for an
indefinite term.
The city clerk shall serve as clerical officer of the council. The clerk shall keep the journal of the
proceedings of the council, and shall enroll in a book or books kept for the purpose, all ordinances
and resolutions passed by it. The clerk shall be custodian of such documents, records, and
archives as may be provided by law or ordinance; shall be custodian of the seal of the City, and
shall attest, and affix the seal to documents when required in accordance with this charter, law, or
ordinance; shall keep a correct and up-to-date record of the city boundaries and changes therein;
and shall supervise municipal elections and such other elections as may be required by law or
ordinance, including voter registration and records; provided that the council, by ordinance, may
vest the supervision of elections in a board.
11-7 Meetings
The council shall hold at least one regular meeting every month at such time and place as it may
prescribe by ordinance, resolution, or rule of the council. Special meetings may be called by the
mayor or by the city manager upon the request of two or more members of the council. All meetings
The Kodiak City Code is current through Ordinance 1356, passed August 11, 2016.
Kodiak City Code Charter of the City of Kodiak, Alaska Page9 of 40
of the council shall be open to the public, and the journal of its proceedings shall be open to public
inspection; but committees of the council, including the committee of the whole, may hold private
meetings. All actions of the council shall be taken at public meetings. [Ord. 990 §2, 1994; election
held October 4, 1994; ratified October 13, 1994]
11-8 Absences to terminate membership
If the mayor or any member of the council shall be absent from four consecutive regular meetings
of the council, the council may declare the office vacant; and the office shall be automatically
vacated if the mayor or councilmember is absent from more than one-half of all regular meetings
held within any six-month period.
11-9 Removal
The mayor or any councilmember may be removed from office by recall as provided by this charter
or in accordance with procedures and standards in any ordinance passed by the council; provided,
however, that no such person shall be removed from office for a cause or offense other than one
which would authorize removal of an equivalent official in a non-home rule city. [Ord. 801, 1986;
election held October 7, 1986; passage ratified October 14, 1986]
11-10 Vacancies
The council shall fill vacancies in its own membership, and in the office of mayor for the unexpired
terms or until the vacancies are filled at elections as provided herein; provided that, if the number of
vacancies is such that the council no longer has enough members to constitute a quorum, then the
mayor or the remaining councilmembers shall call a special election to fill the vacancies.
If a vacancy occurs before the beginning of a regular filing period for candidates for
councilmembers, and the unexpired term extends beyond the time when the terms of
councilmembers elected that year begin, then a mayor or councilmember for that place shall be
elected at the regular election of that year to serve the rest of the unexpired term beginning at the
time the terms of councilmembers elected that year begin.
Il-il Quorum, rules, yeas and nays, voting
A majority of all of the members of the council shall constitute a quorum but a smaller number may
adjourn from day to day or from time to time. The council shall determine its own rules. On the
demand of any member, the vote on any question shall be by yeas and nays, and shall be entered
in the journal; provided that the council, by rules or ordinances, may require the vote on any or all
questions to be by yeas and nays. A vote of at least a majority of all the councilmembers shall be
required for the adoption of every motion. The mayor shall vote in case of a tie. All members in
attendance shall vote on all questions, except no member shall vote on any proposed action of the
council in the subject matter of which the councilmember has a direct or indirect pecuniary interest.
11-12 Ordinances—enacting clauses
The enacting clause of all ordinances passed by the council shall be, "Be it ordained by the Council
The Kodiak City Code is current through Ordinance 1356, passed August 11, 2016.
Kodiak City Code Charter of the City of Kodiak, Alaska Page 10 of 40
of the City of Kodiak, Alaska," and of all ordinances proposed by the voters under their power of
initiative, "Be it ordained by the People of the City of Kodiak, Alaska."
11-13 Ordinances—passage, when in effect
A proposed ordinance shall be read, and a vote of a majority of all councilmembers present shall be
required for advancing to second reading. Before a vote on final passage, a proposed ordinance
shall be read by title or in full, and a vote of a majority of all the councilmembers shall be required
for its final passage.
The mayor shall have the power to veto ordinances and resolutions passed by the council;
provided, that such power is exercised at the meeting of the council at which the ordinance or
resolution is finally passed. The mayor shall advise the council in writing no later than the beginning
of the next regular meeting of the reasons for vetoing an ordinance or resolution. The council may
finally pass an ordinance or resolution over the veto of the mayor at such meeting, whether or not
the mayor submits reasons for veto. An affirmative vote of five members of the council shall be
required to pass an ordinance or resolution which has been vetoed by the mayor, and the vote shall
be by yeas and nays and shall be entered in the journal.
No ordinance except an emergency ordinance may be finally passed on the same day that it is
introduced. Within ten days after its final passage without a veto or final passage over the veto of
the mayor, as the case may be, every ordinance shall be published in full or by number and title
with a brief summary. Emergency ordinances and ordinances making, repealing, transferring, or
otherwise changing appropriations, shall go into effect immediately upon such final passage unless
they specify a later time. All other ordinances shall go into effect one month after such final
passage and publication unless they specify a later date.
11-14 Ordinances—emergency
An emergency ordinance is an ordinance which, in the judgment of the council, is necessary for the
immediate preservation of the public peace, health, or safety, and which should become effective
before an ordinary ordinance would become effective. Every such ordinance shall contain, as a part
of its title, the words, "and declaring an emergency"; and in a separate section, herein called the
emergency section, shall declare the emergency. An affirmative vote of at least five members of
the council shall be required for the final passage of an emergency ordinance.
11-15 Ordinances—adoption by reference
The council, by ordinance, may adopt by reference codes, ordinances, standards, and regulations
relating to matters which it has power to regulate otherwise. Such code, ordinance, standard, or
regulation so adopted need not be enrolled in the book of ordinances; but a copy shall be filed and
kept in the office of the city clerk. The city clerk shall keep copies of all such codes, ordinances,
standards, and regulations in force for distribution or sale at their approximate cost.
11-16 Ordinances—codification
The Kodiak City Code is current through Ordinance 1356, passed August 11, 2016.
Kodiak City Code Charter of the City of Kodiak, Alaska Page 11 of 40
The ordinances of the City shall be codified and published in book or pamphlet form at least every
ten years unless the council, by use of a loose-leaf system, provides for keeping the code up to
date. Titles, enacting clauses, and emergency sections may be omitted from the code; and
temporary and special ordinances and parts of ordinances may be omitted. Permanent general
ordinances and parts of ordinances which are repealed by the code shall be omitted from the code.
The ordinances and parts of ordinances included in the code may be revised, rearranged, and
reorganized; and the code may contain new matter, provisions of the state constitution and law
applicable to the City and this charter. The council, by non-emergency ordinance, shall adopt the
code. A copy of the code shall be filed and kept in the office of the city clerk after adoption, but the
code need not be enrolled in the book of ordinances.
The Kodiak City Code is current through Ordinance 1356, passed August 11, 2016.
Kodiak City Code Charter of the City of Kodiak, Alaska Page 12 of 40
ARTICLE III
0= 4,V4GEY_-"D 4DINUIST94TIVE DEPARTMENTS
Section
1111 Cit manaer nijerrn :i cjtions. r
Ill-i City manager—appointment, term, qualifications, removal
There shall be a city manager. The council shall appoint the manager for an indefinite term by a
vote of a majority of all its members. The manager shall be chosen solely on the basis of executive
and administrative qualifications. At the time of appointment, the manager need not be a resident of
the City or State; but, during the tenure of office, the manager shall reside within the City. Neither
the mayor nor any councilmember may be appointed city manager during the term for which they
shall have been elected. The council may suspend or remove the city manager at any time by a
vote of a majority of all its members.
111-2 City manager—powers and duties
The city manager shall be chief administrative officer and head of the administrative branch of the
city government. The manager shall execute the laws and ordinances and administer the
government of the City, and shall be responsible therefor to the council. The manager shall:
(1) Appoint, and when deemed necessary for the good of the service, lay off, suspend, demote, or
remove all directors or heads of administrative departments and all other administrative officers
and employees of the City except personnel in the department of law; provided, that the city
manager or the council, by ordinance, may delegate this power and duty to directors or heads of
departments and other administrative officers and agencies as regards their own subordinates;
(2) Supervise and control all administrative departments, agencies, officers, and employees
appointed by the manager or by agencies and officers subordinate to the manager;
(3) Prepare a budget annually and submit it to the council, be responsible for the administration of
the budget after it goes into effect, and recommend to the council any changes in the budget which
the manager deems desirable;
(4) Submit to the council a report as of the end of the fiscal year on the finances and administrative
activities of the City for the preceding year;
(5) Keep the council advised of the financial condition and future needs of the City, and make
recommendations on policy and other matters; and
(6) Have such other powers, duties, and functions as this charter may prescribe, and such powers,
The Kodiak City Code is current through Ordinance 1356, passed August 11, 2016.
Kodiak City Code Charter of the City of Kodiak, Alaska Page 13 of 40
duties, and functions consistent with this charter as the council may prescribe.
I11-3 Finance department—director, duties
There shall be a finance director or treasurer, who may also be city clerk, and who shall be an
officer of the City appointed by the city manager for an indefinite term, and who shall be director or
head of the finance department. Except as the council provides otherwise by ordinance, the finance
director shall collect or receive revenue and other money for the City, shall be responsible for its
custody, safekeeping, deposit, investment, and disbursement, in accordance with this charter and
the ordinances of the City and shall maintain a general accounting system for the city government.
When reference is made by law or otherwise to city treasurer, it shall mean the finance director
unless the council, by ordinance, creates a separate office of city treasurer within the finance
department.
The Kodiak City Code is current through Ordinance 1356, passed August 11, 2016.
Kodiak City Code Charter of the City of Kodiak, Alaska Page 14 of 40
ARTICLE IV
OFFICERS AND EMPLOYEES
Section
iL_Agoir -r movals. etc.—merit
I
IV-12 cordsopen
IV-1 Appointments, removals, etc.—merit system
A merit system is hereby established for personnel in the city service. Appointments and
promotions in the service of the City shall be made solely on the basis of merit and fitness.
Removals, demotions, suspensions, and layoffs shall be made solely for the good of the service.
The council, consistent with this charter, by ordinance or personnel rules, may regulate personnel
matters (including any examinations to be given to applicants) and provide for proper personnel
administration.
IV-2 Personnel board created
The city council shall appoint a personnel board. A member of the personnel board may not hold
any other office or position in the city government. The city council shall by ordinance establish the
composition of the personnel board and set forth its duties. [Ord. 929, March 28, 1992; election held
October 6, 1992; amendment ratified October 13, 1992; Ord. 449, August 14, 1975; election held
October 7, 1975; passage ratified October 13, 19751
IV-3 Duties of personnel board
Repealed by Ord. 929, effective March 28, 1992; election held October 6, 1992; repeal ratified
The Kodiak City Code is current through Ordinance 1356, passed August 11, 2016.
Kodiak City Code Charter of the City of Kodiak, Alaska Page 15 of 40
October 13, 1992.
IV-4 Qualifications of officers and employees
Officers and employees of the City shall have the qualifications prescribed by this charter and such
additional qualifications as the council may prescribe; but the council shall not prescribe additional
qualifications for the mayor and councilmembers.
IV-5 Nepotism, holding more than one position
Except when chosen upon basis of competitive examination, neither the city manager, the council,
nor any other authority of the city government may appoint or elect any person related to the mayor
or any councilmember, to the city manager, or the person appointing, or, in the case of a plural
authority, to one of its members, by affinity or consanguinity within the third degree to any office or
position of profit in the city government; but this shall not prohibit an officer or employee from
continuing in the service of the City.
Except as may be otherwise provided by this charter or by ordinance, the same person may hold
more than one office or position in the city government. The city manager may hold more than one
such office or position, through appointment by the manager, by the council, or by other city
authority having power to fill the particular office or position, subject to any regulations which the
council may make by ordinance; but the manager may not receive compensation for service in
such other offices and positions. Also, the council, by ordinance, may provide that the city manager
shall hold ex officio any designated administrative office or offices subordinate to the city manager
as well as other designated compatible city offices notwithstanding any other provision of this
charter.
IV-6 Official bonds
The city manager, the finance director, the city treasurer if separate from the finance director, and
such other officers and employees as the council may designate, before entering upon their duties,
shall be bonded by individual and/or group bonds, for the faithful performance of their respective
duties, payable to the City in such form and in such amounts as the council may prescribe, with
surety company authorized to operate within the State. The City shall pay the premiums on such
bonds.
IV-7 Oath or affirmation of office
All officers of the City and such employees as the council may designate, before entering upon the
duties of their offices, shall take and subscribe to the oath or affirmation of office prescribed by the
Alaska constitution, article XII, section 5. The oath or affirmation shall be filed and kept in the city
clerk's office.
IV-8 Who may administer oaths and affirmations
All officers authorized by federal and state law, the mayor, the city clerk, the chairman of the
personnel board, and such other officers as the council may authorize, may administer oaths and
The Kodiak City Code is current through Ordinance 1356, passed August 11, 2016.
Kodiak City Code Charter of the City of Kodiak, Alaska Page 16 of 40
affirmations.
IV-9 Removal, etc., of officers and employees
The power to lay off, suspend, demote, and remove officers and employees accompanies the power
to appoint or elect them.
IV-10 Acting officers and employees
The appointing or electing authority who may appoint or elect the successor of an officer or
employee, may appoint or elect a person to act during the temporary absence, disability, or
suspension of such officer or employee or, in case of a vacancy, until a successor is appointed or
elected and qualifies, unless the council provides by ordinance that a particular superior or
subordinate of such officer or employee shall act.
IV-1 1 Officers to continue until successors are elected or appointed and qualify
Every officer who is elected or appointed for a term ending at a definite time shall continue to serve
thereafter until a successor is elected or appointed and qualifies unless the successor's services
are sooner terminated by resignation, removal, disqualification, death, abolition of the office, or
other legal manner.
IV-12 Public records—open
All records and accounts of every office, department, or agency of the city government, except
records and documents the disclosure of which would tend to defeat the lawful purpose which they
are intended to accomplish, shall be open to public inspection.
The Kodiak City Code is current through Ordinance 1356, passed August 11, 2016.
Kodiak City Code Charter of the City of Kodiak, Alaska Page 17 of 40
ARTICLE V
BUDGET, TAXATION, AND FISCAL AFFAIRS
The Kodiak City Code is current through Ordinance 1356, passed August 11, 2016.
Kodiak City Code Charter of the City of Kodiak, Alaska Page 18of40
The fiscal year of the city government shall begin on the first day of July and shall end on the last
day of June, unless otherwise provided by ordinance.
V-2 Budget—preparation and submission
At least three weeks before the beginning of the fiscal year, the city manager shall prepare and
submit to the council a proposed budget for the next fiscal year which shall contain detailed
estimates of anticipated revenues and proposed expenditures for the year. The total of such
proposed expenditures shall not exceed the total of such anticipated revenues. The budget shall be
in such form and have such contents as the council may require. The budget and any budget
message accompanying it shall be a public record in the office of the city clerk, and shall be open
to public inspection. Sufficient copies of the budget and any budget message shall be made for
distribution to persons on request.
V-3 Budget—public hearing
The council shall hold a public hearing on the proposed budget at least one week after a notice of
the time of the hearing has been published; and any interested person shall have an opportunity to
be heard thereat for or against the estimates or any item thereof. The council may continue the
hearing at later meetings.
V-4 Budget—amendment, adoption, and appropriations
The council may insert, strike out, increase, or decrease items in the budget, and may otherwise
amend it. The council, by vote of at least a majority of its members, not later than the third day
before the beginning of the fiscal year, shall adopt the budget and make the appropriations for the
next fiscal year. If the council fails to adopt the budget and make the appropriations on or before
that day, the budget, as submitted or amended, as the case may be, shall go into effect and be
deemed to have been finally adopted by the council; and the proposed expenditures therein shall
become the appropriations for the next fiscal year. The appropriations, when made by the council
by resolution or ordinance separate from the budget document, need not be in as great detail as the
proposed expenditures in the budget; but appropriations shall never exceed the anticipated
revenues in the budget.
V-5 Budget—funds other than the general fund
The budget herein provided for shall include the general fund, and may also include other funds but
in separate estimates. Budgets for other funds which are deemed to require formal budgeting, may
also be prepared, considered, and adopted separately from the budget of the general fund.
'1-6 Transfer of appropriation balances
The council, by motion, resolution, or ordinance passed by vote of a majority of all its members,
may transfer unencumbered appropriation balances or parts thereof from any item of appropriation
to any other item of appropriation, including new items, whether or not such other items are within
the same department, office, or agency.
The Kodiak City Code is current through Ordinance 1356, passed August 11, 2016.
Kodiak City Code Charter of the City of Kodiak, Alaska Page 19 of 40
V-7 Taxation—powers
The City shall have all powers of taxation which home-rule cities may have under the State
constitution and law.
V-8 Taxation—assessment, levy, and collection of property taxes—exemption
The council, by ordinance, shall provide for the annual assessment, levy, and collection of taxes on
property. No exemptions from taxation except those expressly provided by law or ordinance shall
be allowed.
V-9 Taxation—private leaseholds, etc., in property owned or held by the United States, the
State, or its political subdivisions
Private leaseholds, contracts, or interests in land or property owned or held by the United States,
the State of Alaska, or its political subdivisions, shall be taxable to the extent of the interests.
V-ia Taxation—assessment—equalization
The taxable status of property shall be determined as of the first day of January or such other date
as may hereafter be prescribed by law or ordinance, which is called the assessment day. Values on
the assessment rolls shall be determined according to the facts existing on the assessment day for
the year for which the assessment is made, and no change in the status of property after that day
shall be considered in determining its value. In determining such values, any standards of appraisal
established by law or ordinance shall be followed. The council shall equalize valuations of property
assessed; provided, that the council, by ordinance, may delegate this power to a board created by
ordinance when not prohibited by law.
V-li Taxation—lien on real property
The City shall have a first lien on all real property against which city taxes are assessed, for the
taxes and any collection charges, penalties, and interest which may accumulate thereto; and the
lien shall continue until the taxes and any such charges, penalties, and interest are paid.
V-12 Taxation—protection of lien on real property
The City may protect its lien for taxes on real property by sale at tax sale or by purchasing the real
property at any tax sale or other public sale or by direct negotiations with the owner, or in any other
legal manner. 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 redeem the same by paying the delinquent city taxes and all accrued charges,
penalties, and interest thereon, as provided by law or ordinance. After the City has held any tax-
delinquent real property for two years, it may hold the same for public use or sell it at public auction
to the highest bidder; provided, that if the City sells such property before it uses the property for
public purposes, other provisions of this charter relating to the sale of property shall not apply to
such sales.
V-13 Taxation—protection of lien on personal property
The Kodiak City Code is current through Ordinance 1356, passed August 11, 2016.
Kodiak City Code Charter of the City of Kodiak, Alaska Page 20 of 40
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 are assessed fails or refuses to pay the taxes, such
taxes, and accrued charges, penalties, and interest 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
distraint and sale of any personal property of the person assessed. Neither of the remedies herein
given shall be exclusive of the other or of any remedy provided by law.
V-14 Disbursements—authority---method
Disbursements of city funds shall be made only in accordance with appropriations made as
provided in this charter, or, in case of funds which are not formally appropriated, then by authority
granted by the council or by the qualified voters of the City. The council shall prescribe the method
or methods of disbursing city funds.
V-15 Deposit and investment of funds
The council shall regulate the deposit and investment of city funds, and shall determine what funds
of the City may be invested. City funds may be invested only in the following: general-obligation
bonds and other general-obligation evidences of indebtedness of the United States, of the State of
Alaska, of other states of the United States, of this City, of other cities of this State, and of
boroughs of this State; and such other securities as may be authorized by law.
V-16 Purchases and sales
The city manager, subject to any regulations which the council may prescribe, shall contract for
and purchase or issue purchase authorizations for all supplies, materials, and equipment for the
offices, departments, and agencies of the city government. Every such contract or purchase
exceeding an amount to be established by ordinance shall require the prior approval of the council.
The city manager also may transfer to or between offices, departments, and agencies, or sell
surplus or obsolete supplies, materials, and equipment subject to such regulations as the council
may prescribe.
Before the purchase of, or contract for, any supplies, materials, or equipment, or the sale of any
surplus or obsolete supplies, materials, or equipment, ample opportunity for competitive bidding,
under such regulations and with such exceptions as the council may prescribe, shall be given; but
the council shall not except a particular contract, purchase, or sale from the requirement of
competitive bidding.
The council, by ordinance, may transfer some or all of the power granted to the city manager by
this section to an administrative officer appointed by the city manager.
V-17 Contracts and sales
Any contract which by its terms will not be fully executed within five years and which cannot be
terminated by the City upon not more than one month's notice without penalty; and the sale or lease
of any .city property, real or personal, or the sale or other disposal of any interest therein, the value
The Kodiak City Code is current through Ordinance 1356, passed August 11, 2016.
Kodiak City Code Charter of the City of Kodiak, Alaska
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Page 21 of 40
of which property, lease, or interest is more than $30,000, shall be made only:
(1) By authority of an ordinance approved or enacted at an election by an affirmative vote of a
majority of the qualified voters of the City who vote on the question of approving or enacting the
ordinance (the ordinance being submitted to the voters by the council or by initiative of the voters);
or
(2) By authority of a non-emergency ordinance passed by the council, which shall be published in
full within ten days after its passage, and which shall include a section reading substantially as
follows:
Section . If one or more referendum petitions with signatures are properly filed within
one month after the passage and publication of this ordinance, this ordinance shall not go
into effect until the petition or petitions are finally found to be illegal and/or insufficient, or,
if any such petition is found legal and sufficient, until the ordinance is approved at an
election by a majority of the qualified voters voting on the question. If no referendum
petition with signatures is filed, this ordinance shall go into effect one month after its
passage and publication.
An entire public utility belonging to the City may be sold or leased only by authority of an ordinance
approved or enacted as provided in subsection (1) of this section.
V-lB Public improvements
Public improvements, including local improvements, may be made by the city government itself or
by contract. The council shall award all contracts for such improvements; provided that the council
may authorize the city manager to award such contracts not exceeding an amount to be determined
by the council and subject to such regulations as the council may prescribe. Every contract for
public improvements of more than $30,000 shall be awarded to the lowest and best responsible
bidder after such notice and opportunity for competitive bidding as the council may prescribe. All
bids may be rejected and further notice and opportunity for competitive bidding may be given.
V-19 Personal interest
Neither the mayor, any councilmember, nor the city manager shall sell or barter anything to the City
or to a contractor supplying the City; or purchase anything from the City other than those things
which the City offers generally to the public (for example, utility services), and then only on the
same terms as are offered to the public; unless an invitation to submit sealed bids is published and
the City accepts the sealed bid which is most advantageous to the City; provided that such sale,
contract, or purchase of not more than $500 in value may be made without bids at prices or rates
prevailing in the community and without discrimination. Any such officer violating this section, upon
conviction thereof, shall thereby forfeit the person's office. Any violation of this section with the
knowledge, express or implied, of the person or corporation contracting with the City shall render
the contract voidable by the city manager or the council.
The Kodiak City Code is current through Ordinance 1356, passed August 11, 2016.
Kodiak City Code Charter of the City of Kodiak, Alaska Page 22 of 40
V-20 Claims for injuries
Repealed by Ord. 780, effective November 9, 1985; election held October 7, 1986; repeal ratified
October 14, 1986.
V-21 Independent annual audit
The council shall designate a certified public accountant or accountants who shall make an
independent audit of the accounts and evidences of financial transactions of the finance department
and of all other departments, offices, and agencies keeping separate or subordinate accounts or
making, financial transactions as of the end of every fiscal year, at least, and who shall report to
the council and to the city manager within four months. In lieu of the above, the council may
arrange with an appropriate state authority for such an audit when and if permitted by law.
The Kodiak City Code is current through Ordinance 1356, passed August 11, 2016.
Kodiak City Code Charter of the City of Kodiak, Alaska Page 23 of 40
ARTICLE VI
BORROWING
Section
VI-1 General obligation bonds, etc.
VI-? Borrowing to meet a ppropriations
Revenue bonds etc.
VI-4 Use of unexpended and unencumbered balances
V1-5 Voiding authorization of bonds, etc.
V11-6 Council to have power to regulate
For statutory provisions regarding security for general obligation bonds, see AS 29.47.200(b);
for revenue bonds, see AS 29.47.260.
VI-1 General obligation bonds, etc.
The City shall have power to borrow money and to issue its general obligation bonds or other such
evidences of indebtedness therefor, but only when authorized by the council for capital
improvements and ratified at an election by a majority of those qualified to vote and voting on the
question. General-obligation evidences of indebtedness may also be secured by revenues from a
revenue-producing utility or enterprise when they are issued for the acquisition, construction,
reconstruction, repair, improvement, extension, enlargement, and/or by other designated funds or
revenues specifically pledged for payment of principal and interest thereon. Capital improvements
as used hereinabove may also include a part or all of the City's share of the cost of a public
improvement of which a part is to be paid by benefitted property. Construction warrants may be
issued following bond issue approval and pending sale of the bonds.
The restrictions of this section do not apply to borrowing money to meet appropriations for a
particular fiscal year, nor to indebtedness to be paid from special assessments to be made on
benefitted property, nor to refunding indebtedness.
VI-2 Borrowing to meet appropriations
The City shall have power to borrow money to meet appropriations for any fiscal year in anticipation
of the collection of revenues for that year when authorized by the council and without submitting the
question to the voters. The total of such indebtedness shall never exceed twenty-five (25) percent
of anticipated revenues of that year. All debts so contracted shall be paid before the end of the next
fiscal year.
V8-3 Revenue bonds, etc.
The City shall have power to borrow money and to issue revenue bonds or other such evidences of
The Kodiak City Code is current through Ordinance 1356, passed August 11, 2016.
Kodiak City Code Charter of the City of Kodiak, Alaska Page 24 of 40
indebtedness therefor, the principal and interest of which are payable solely out of and the only
security of which is the revenue of a revenue-producing utility or enterprise; but only when
authorized by the council for the acquisition, construction, reconstruction, repair, improvement,
extension, enlargement, and/Or equipment of the said utility or enterprise and ratified at an election
by a majority of those qualified to vote and voting on the question, so long as voter approval is
required by state law. Construction warrants may be issued following the ratification of a bond issue
under this section and pending sale of the bonds.
VI-4 Use of unexpended and unencumbered balances
Every bond or other evidence of indebtedness shall contain a statement of the purpose for which it
is issued, and the proceeds thereof shall not be used for any other purpose, except that whenever
any proceeds of an issue remain unexpended and unencumbered for the purpose for which issued,
the council shall authorize the use of such unexpended and unencumbered funds only for the
following purposes which are listed in descending order of priority:
(1) For the retirement of such issue;
(2) If such issue has been fully retired, then for the retirement of other bonds or obligations of the
City; or
(3) If there are no other bonds or obligations of the City outstanding, then for any purpose
determined by the council.
VI-5 Voiding authorization of bonds, etc.
The council, by resolution or ordinance, may void the authorization of any unsold bonds or other
evidences of indebtedness at any time. If any bonds or other evidences of indebtedness are not
sold within ten years after authorization, such authorization shall be void as to the bonds or
evidences of indebtedness which remain unsold. Nothing in this section shall be deemed to require
the sale, at the same time, nor in the same series, of all bonds or other evidences of indebtedness
authorized.
VI-6 Council to have power to regulate
The council shall have power to regulate the indebtedness of the City and the issuance of bonds
and other evidences of indebtedness, regardless of type or purpose, including general obligation,
revenue, special assessment, refunding, and others, subject only to the limitations imposed by the
state constitution and law and this charter.
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Kodiak City Code Charter of the City of Kodiak, Alaska Page 25 of 40
ARTICLE VII
LOCAL PUBLIC IMPROVEMENTS
Section
VII-1 Citv mav make public improvements—how cost maykpjd
VII-6 Lien fc assessments
VII-1 City may make public improvements—how cost may be paid
The City shall have the power to make public improvements, including local improvements, within
the City and to the extent authorized by law, ordinance, or this charter, outside the City. The cost of
a public improvement may be paid wholly by the City, or partly by the City and partly by benefitted
property, or wholly by benefitted property as the council may determine. Said cost or part thereof to
be borne by benefitted property may be assessed by special assessment upon the benefitted
property.
VII-2 Local improvement procedure
The council may begin procedure for local improvements either on its own initiative or upon receipt
of a petition. The council shall prescribe by ordinance complete special assessment procedure,
including re-assessment procedure, for local improvements and for agreements for furnishing
public improvements and the extension thereof in lieu of assessment.
VII-3 Special assessment to be in proportion to benefit—apportioning
Any special assessment for local improvements against property benefitted thereby shall be in
proportion to, and shall not exceed, the value of the benefit from the local improvement. The council
shall establish the method of apportioning and assessing the cost of such improvements upon
benefitted property.
VII-4 Protests
If protests as to the necessity for any local improvement are made by the owners of benefitted
property which will bear fifty (50) percent or more of the estimated cost of the improvement, the
improvement shall not proceed until the protests have been reduced so that the property of those
still protesting shall not bear fifty (50) percent of the said estimated cost of the improvement except
upon approval of the council by a vote of at least five members.
The Kodiak City Code is current through Ordinance 1356, passed August 11, 2016.
Kodiak City Code Charter of the City of Kodiak, Alaska Page 26 of 40
VII-5 Limitations on suits and actions
No special assessment procedure shall be contested by any action at law or in equity unless
commenced within sixty days after the confirmation of the special assessment roll therefor. If no
such action be so commenced, the procedure for such local improvement shall be conclusively
presumed to have been regular and complete.
V1111-6 Lien for special assessment
The City shall have a first lien upon all real property against which special assessments are
assessed, for the special assessments and any collection charges, penalties, and interest which
may accumulate thereto; and the lien shall be of the same character, effect, and duration and shall
be enforceable in the same manner as the lien for city taxes.
VIII-7 All real property liable for special assessments
All real property, including such as is exempt from taxation in accordance with law shall be liable
for the cost of local improvements assessed in accordance with this article unless specifically
exempted from special assessments by law.
The Kodiak City Code is current through Ordinance 1356, passed August 11, 2016.
Kodiak City Code Charter of the City of Kodiak, Alaska Page 27 of 40
ARTICLE VIII
PUBLIC UTILITY SERVICES
Section
V111-1 General powers res, j.
V1111-2 Rates
VIII-3 Collection of municipal utility rates and charges
VIII-4 Disposal of municipal utility plants and utility property
V1111-5 Franchise—irned—grantina
VIII-6 Franchise= and conditions
7 Franchise—sale orassignment
For statutory provisions regarding franchises and permits, see AS 29.35.060.
VIII-1 General powers respecting municipal utilities
The City shall have all the powers not prohibited by law to acquire, own, operate, and regulate
public utilities, whether within or beyond its corporate limits, and may also sell utility services
beyond its corporate limits.
VIII-2 Rates
(1) The council may provide by ordinance for the establishment of utilities and provide for their
regulation, promotion, control, and the fixing of the rates to be charged, which must be sufficient to
return to the City a reasonable profit after taxes.
(2) In furnishing service from municipally-owned utilities no agreements shall be made for services
outside of the City which will return to the City less net revenues than it realizes from the same
services within the City. Increased rates for utility service outside of the City may be established
by the council.
(3) Transactions pertaining to the ownership and operation of each municipal utility shall be
recorded in a separate group of accounts, which shall be classified in accordance with generally
accepted accounting practices. An annual report shall be prepared to show the financial position of
each city utility and the results of its operation. Such reports shall be available for inspection at the
offices of the city clerk.
VIII-3 Collection of municipal utility rates and charges
The council shall provide in the code for the collection of rates and charges for public utility
services furnished by the City. When any person fails or refuses to pay to the City any sums due
on utility bills, the service upon which such delinquency exists may be discontinued and suit may
The Kodiak City Code is current through Ordinance 1356, passed August 11, 2016.
Kodiak City Code Charter of the City of Kodiak, Alaska Page 28 of 40
be brought for the collection thereof.
VIII-4 Disposal of municipal utility plants and utility property
The council may sell, lease, or otherwise dispose of a municipal utility or of property and interest in
property used in the operation of a utility only after a proposition to do so is approved by three-fifths
of the City voting on the proposition.
V111..5 Franchise—defined--granting
A franchise is a contract between the City and a person providing for the person to furnish a public
utility service to the City and its inhabitants and permitting the person to use the streets, alleys,
bridges, easements, and other public places of the City in the furnishing of the public utility service.
A franchise may be granted to a person, extended, renewed, or amended only by an ordinance
accepted as provided herein below by the person to whom the franchise is granted, passed by the
council, and approved at an election by a majority of the qualified voters voting on the question.
After introduction, a copy of the ordinance in its final form must be in the office of the city clerk and
subject to public inspection for at least one month before it is passed. Before passage, the council
shall hold a public hearing thereon, a notice of which must have been published at least one week
prior to the hearing.
Also, before passage, the applicant must file with the city clerk an unconditional acceptance of all
terms of the franchise, and if a special election is to be held for the purpose, must pay to the
finance department of the City an amount of money estimated by the city clerk to be adequate to
pay all expenses of holding such election. If any balance remains after all such expenses have
been paid, it shall be repaid to the grantee.
V1I1-6 Franchise—terms and conditions
No franchise shall be granted by the City for a term exceeding twenty years, and every franchise
shall contain a provision requiring the franchise to take effect within one year after the voters
approve the ordinance granting it. Franchises may include provisions for fixing utility rates and
charges and may provide for readjustments thereof; but the terms of a franchise shall not limit the
power of the City to regulate such rates and charges. With respect to any franchise granted after
this charter goes into effect, whether or not provided in the franchise, the City may:
(1) Terminate the franchise for violation of any of its provisions, for the misuse or non-use thereof,
or for the violation of any regulation imposed by this charter or by ordinance;
(2) Require proper and reasonable extension of plant and facilities and the maintenance thereof at
the highest practicable standard of efficiency;
(3) Establish reasonable standards of service and quality of products, and prevent unjust
discrimination in service and rates;
The Kodiak City Code is current through Ordinance 1356, passed August 11, 2016.
Kodiak City Code Charter of the City of Kodiak, Alaska Page 29 of 40
(4) Require continuous and uninterrupted service to the public in accordance with the terms of the
franchise throughout the entire period thereof;
(5) Impose other regulations determined by the council to be conducive to the health, safety,
welfare, or convenience of the public;
(6) Require the public utility to permit joint use of its property and appurtenances located in the
streets, alleys, bridges, easements, and other public places by the City and by other public utilities
insofar as such joint use may be reasonably practicable, and upon payment of reasonable rental
therefor; and in the absence of agreement, upon application by the public utility, provide for
arbitration of the terms and conditions of such joint use and the * compensation to be paid therefor;
(7) Require the public utility to pay any part of the cost of improvement or maintenance of streets,
alleys, bridges, easements, and other public places that arises from its use thereof and to protect
and save the City harmless from all damages arising from such use; and
(8) Require the public utility to file with any designated city officer or officers reports concerning the
utility and its financial operation and status and such drawings and maps of the proposed location
or locations and nature of its facilities as the council may request; and require the public utility to
permit designated city officers to inspect its books and other records.
V11111-7 Franchise—sale or assignment
The grantee of a franchise may not sell, assign, sublet, or allow another to use the same unless the
council gives its consent. Nothing in this section shall limit the right of the grantee to mortgage this
property or franchise, nor shall it restrict the rights of the purchaser, upon foreclosure sale, to
operate the same; but such mortgagee or purchaser shall be subject to the terms of the franchise,
the provisions of this charter, and the ordinances of the City.
The Kodiak City Code is current through Ordinance 1356, passed August 11, 2016.
Kodiak City Code Charter of the City of Kodiak, Alaska Page 30 of 40
ARTICLE IX
MUNICIPAL COURT
Section
IX-11 District magistrate courtmunicipal court
IX-2 Minor violations bureau
IX-3 Repealed
IX-4 Pardons, paroles, and commutations
IX-1 District magistrate court—municipal court
The district magistrate court now authorized by law to hear and determine cases arising out of
violations of city ordinances, or any other court which may hereafter be so authorized by law, shall
have jurisdiction to hear and determine cases arising out of violations of this charter and of the
ordinances of the City unless the council by ordinance creates a municipal court and vests such
jurisdiction in it not prohibited by state law. Unless otherwise indicated by the context, the terms
municipal court and municipal judge may also be used respectively in referring to the said district
magistrate court and district magistrate or other courts and judges having said jurisdiction.
IX-2 Minor violations bureau
The council, by ordinance, may create a minor violations bureau with authority to dispose of cases
arising out of designated minor violations of ordinances, such as minor traffic and parking
violations, when the accused waives the right to be heard in court, pleads guilty, and pays fines and
costs.
IX-3 Penalties
Repealed by Ord. 693, effective October 8, 1983; election held October 2, 1984; repeal ratified
October 10, 1984.
IX-4 Pardons, paroles, and commutations
The mayor shall have power to pardon or to parole any person convicted of a violation of this
charter or of any ordinance, and to commute sentences therefor. The council shall have power to
regulate and to limit the power granted by this section.
The Kodiak City Code is current through Ordinance 1356, passed August 11, 2016.
Kodiak City Code Charter of the City of Kodiak, Alaska Page 31 of 40
malam
IIi[s1
Section
X-1 Annual elections—time
X-2 Three-year terms—elections at large—nonpartisan elections
X-3 Filing
X-4 Voting=who elected
X-5 Filtina vacancies at elections
X-6 Council to be judge of election and i Lions of its members
X-7 Qualified voter defined
X-8 Political activity of officers and employees
X-9 Callingpecial elections—questions submitted at elections—notice
X-10 Canvassing returns—certificates of election
X-11 Laws to govern election—when
X-1 Annual elections--time
There shall be no primary election, but only a general election, herein also called regular election,
for the election of the mayor and councilmembers. Such election shall be held on the first Tuesday
in October every year.
X-2 Three-year terms—elections at large—nonpartisan elections
The mayor and councilmembers shall be elected for terms of two and three years, respectively, and
shall serve thereafter until their respective successors are elected and qualify; provided that, if
fewer councilmembers are elected and qualify in any year than provided for in this section (because
of failure of other candidates to file or for other cause), then lots shall be cast in a meeting of the
council and under its direction to determine which of the councilmembers whose terms are about to
expire shall continue to serve.
The term of office of mayor or councilmember begins the first Monday following the certification of
the election and upon taking the oath of office. If the mayor-elect or a councilmember-elect fails to
qualify within one month after the beginning of the term, the candidate's election shall be void.
The mayor and councilmembers shall be elected at large by the qualified voters of the entire City by
secret ballot. The election shall be nonpartisan and no party designation or emblem shall be placed
The Kodiak City Code is current through Ordinance 1356, passed August 11, 2016.
Kodiak City Code Charter of the City of Kodiak, Alaska Page 32 of 40
on the ballot. [Res. 12-10; election held October 2, 2012; passage ratified October 11, 2012; Res.
07-08; election held October 2, 2007; passage ratified October 25, 2007]
X-3 Filing
The name of any qualified person may be placed on the ballot for the election as a candidate for
mayor or councilmember by filing a petition with the city clerk signed by at least ten qualified voters
of the city of Kodiak and a sworn statement of the person's candidacy, within the time prescribed
by ordinance but not less than thirty days before the election. The petition may have been
circulated and filed by the candidate or by one or more qualified voters other than the candidate.
[Res. 10-05, February 25, 2010; election held October 28, 2011; Res. 14-73, August 23, 1973;
election held October 2, 1973; passage ratified October 8, 1973]
X-4 Voting—who elected
Every qualified voter of the City shall be entitled to vote for one candidate for each office to be filled
at an election. On the ballots, between the title of the office and the names of the candidates shall
be placed the instructions Vote for ... (one, two, three)" as the case may be. A voter may also
write in the name of, and vote for, a person whose name does not appear on the ballot. The
candidate for mayor receiving the greatest number of votes shall be elected. The two or three
candidates for councilmember, depending on the number to be elected, receiving the greatest
number of votes shall be elected. In case of a tie, the election shall be determined fairly, by lot,
from among the candidates tying, in a meeting of the council and under its direction.
X-5 Filling vacancies at elections
When a mayor and/or councilmember or councilmembers are being elected to fill a vacancy or
vacancies for the unexpired term or terms, the provisions of this article shall apply as in the
election of a mayor and councilmembers for regular terms insofar as applicable. The phrase "for
one-year terms," "for two-year term," and/or "for regular three-year term," as the case may be, shall
be placed after the titles of the offices on the ballots as necessary to identify the places on the
council being filled at such election.
X-6 Council to be judge of election and qualifications of its members
The council shall be the judge of the election and qualifications of its own members and the mayor,
subject to judicial review as may be provided by law.
X-7 Qualified voter defined
A person may vote in a city election only if the person is qualified to vote in State elections, has
been a resident of the city for 30 days immediately preceding the election, and is registered to vote
in State elections at a residence address within the city at least 30 days before the election. [Res.
07-09; election held October 2, 2007; passage ratified October 25, 2007]
X-8 Political activity of officers and employees
No officer of the City except the mayor or councilmembers may work for or against, or attempt to
The Kodiak City Code is current through Ordinance 1356, passed August 11, 2016.
Kodiak City Code Charter of the City of Kodiak, Alaska Page 33 of 40
influence the election or defeat of any candidate for mayor or councilmember or the recall of the
mayor or any councilmember; provided, that this shall not prohibit the ordinary exercise of one's
right to express opinions and to vote. Any person who violates this section shall be punished, upon
conviction thereof, by a fine not exceeding fifty dollars and costs. Such violation shall constitute
cause for removal from office or employment; and if the regular removal authority has not already
removed a person who violates this section, the person shall be automatically removed by said
conviction of violating this section.
X-9 Calling special elections—questions submitted at elections—notice
The council, by resolution or ordinance, may call or may authorize the mayor to call special
elections and submit questions thereat. In the same manner, other questions may be submitted to
the voters at a special election or at a regular election. Questions may also be submitted at
elections as provided in other sections of this charter. The city clerk shall publish in full every
charter amendment and every ordinance and every other question which is to be submitted to the
voters at an election for approval or enactment, except a referred ordinance which was published in
full after passage not more than six weeks and at least three weeks before the election at which it
is to be submitted.
X-10 Canvassing returns—certificate of election
The council shall canvass the returns of all city elections, regular and special, and shall ascertain
and declare the results thereof; provided, that the council may delegate this function to a board
created by ordinance. The city clerk shall promptly prepare, sign, and issue certificates of election,
sealed with the seal of the City, to all persons elected to office.
X-11 Laws to govern election—when
The provisions of law applicable to city elections shall govern elections of the City insofar as they
are applicable and are not superseded by this charter or by ordinance.
The Kodiak City Code is current through Ordinance 1356, passed August 11, 2016.
Kodiak City Code Charter of the City of Kodiak, Alaska Page 34 of 40
ARTICLE XI
INITIATIVE, REFERENDUM, AND RECALL
Section
XI-1 Initiative and referendum— _jxcetjQns
XI2 Repealed
XI3 Repealed
tereuired—effect
X11-5 Charter self-executin —further regulation by ordinance
XI-6 Recall
For statutory provisions regarding recall, see AS 29.26.250-29.26.360.
XI-1 Initiative and referendum-authorized----exceptions
The qualified voters of the City, by the initiative, may propose and enact any ordinance which the
council has power to enact under this charter except as otherwise provided in this section. The
qualified voters of the City, by the referendum, may approve or reject any ordinance passed by the
council except as otherwise provided in this section.
Ordinances dedicating revenues; ordinances making, repealing, transferring, or otherwise changing
appropriations; ordinances creating courts, defining the jurisdiction of courts, or prescribing their
rules; and special ordinances shall not be subject to either the initiative or the referendum.
Ordinances granting, extending, or renewing franchises for public utilities shall not be subject to the
initiative. Ordinances necessary for the immediate preservation of the public peace, health, or
safety (herein called emergency ordinances), shall not be subject to the referendum.
XI-2 Petitions
Repealed by Ord. 1097; election held October 5, 1999; certified October 14, 1999.
XI-3 Ballot title and proposition=-submission
Repealed by Ord. 1097; election held October 5, 1999; certified October 14, 1999.
XI-4 Vote required-effect
If a majority of the votes cast on the proposition favor the enactment of an initiated ordinance, it
shall be enacted; provided that, if the proposition is submitted at a special election, the number of
votes cast at the election must be at least fifty (50) percent of the number of the votes cast at the
last regular municipal election. If at least as many votes are cast for the approval of a referred
ordinance as are cast against it, it shall be approved and go into effect; otherwise it shall be
rejected. The council may not, within two years after the election, repeal an initiated ordinance
The Kodiak City Code is current through Ordinance 1356, passed August 11, 2016.
Kodiak City Code Charter of the City of Kodiak, Alaska Page 35 of 40
which has been enacted, but may at any time pass a non-emergency ordinance amending it by the
same vote required for the passage of an emergency ordinance. If two or more initiated or referred
ordinances which have conflicting provisions are enacted or approved at the same election, the one
receiving the largest affirmative vote shall prevail.
XI-5 Charter provisions self-executing—further regulation by ordinance
The provisions of this charter relating to the initiative and referendum shall be self-executing, but
the council, by ordinance, may further regulate the procedures for the initiative and referendum.
XI-6 Recall
All incumbents of elective office of the City, including persons chosen to fill vacancies in such
offices, shall be subject to recall from office by the qualified voters of the City. Procedures and
grounds for recall shall be such as may be prescribed by law. The council, by ordinance, may
further regulate the recall insofar as such regulation is not in conflict with the state constitution or
law.
The Kodiak City Code is current through Ordinance 1356, passed August 11, 2016.
Kodiak City Code Charter of the City of Kodiak, Alaska Page 36 of 40
ARTICLE XII
IVITERGOVERNMENTAL RELATIONS
Section
X111 Cooperation with other units of aovernment-transfer of powers and functions
Xll2 Repealed
XH-1 Cooperation with other units of government—transfer of powers and functions
Agreements, including those for cooperative or joint administration of any function or power, may be
made by the council with any other local government, with the State, or with the United States
unless otherwise provided by law or by this charter. The council may transfer to the borough in
which this City is located any of the City's powers and functions unless prohibited by law or this
charter and may, in a like manner revoke the transfer. Such agreement for cooperative or joint
administration of any function or power, or such transfer of any power or function to the borough, or
the revocation of any such transfer shall be made only by a non-emergency ordinance or by
authority of such ordinance. The ordinance shall be published in full within ten days after its
passage and shall be subject to referendum procedures as provided in this charter if a legal and
sufficient referendum petition is properly filed. Procedures for making contracts prescribed in any
other sections of this charter shall not apply to agreements made pursuant to this section.
XlI-2 Representatives on borough assembly
Repealed by Ord. 694, effective October 8, 1983; election held October 2, 1984; repeal ratified
October 10, 1984.
The Kodiak City Code is current through Ordinance 1356, passed August 11, 2016.
Kodiak City Code Charter of the City of Kodiak, Alaska Page 37 of 40
Section
X11I-1 y ent of charter--proposal. a pproval
X111-2 Separability clause
For statutory provisions on charter amendments, see AS 29.10.100.
XIlll-1 Amendment of charter—proposal, approval
Proposals to amend this charter may be made in either of the following ways:
(1) The qualified voters of the City, by initiative petition, may initiate amendments to this charter in
the same manner, as nearly as may be, as they may initiate ordinances; or
(2) The council, by resolution or ordinance, may propose and submit or provide for the submission
of charter amendments to the qualified voters of the City. A charter amendment initiated by petition
of the qualified voters shall be submitted to the qualified voters at a regular or special election in the
same manner as an initiated ordinance and subject to the same regulations as nearly as may be. A
charter amendment proposed by the council may be submitted to the qualified voters of the City at
any regular or special election held not less than two months after passage of the said resolution or
ordinance. Any amendment thus submitted to the qualified voters shall become effective upon
approval by a majority of the qualified voters who vote on the question. If more than one
amendment should be proposed, all of them except those which are so interrelated that they should
be approved or rejected together, shall be submitted in such manner that the voters may vote on
them separately. A copy or copies of every charter amendment approved by the qualified voters
shall be filed as may be required by law. A new Charter may be proposed and approved in lieu of
this charter in the same manner as an amendment to this charter may be proposed and approved.
It is hereby recognized that the manner of adoption, amendment, and repeal of home-rule charters
may be regulated by law; and any binding provision of the State constitution or law regulating such
manner shall prevail over any conflicting provision of this charter or of any ordinance.
X11111-2 Separability clause
If a court of competent jurisdiction should hold any section or part of this charter invalid, such
holding shall not affect the remainder of this charter nor the context in which such section or part so
held invalid may appear, except to the extent that another part of the charter may be inseparably
connected in meaning and effect with that section or part.
If a court of competent jurisdiction holds a part of this charter invalid, or if a change in the State
constitution or law renders a part of this charter invalid or inapplicable, the council, by ordinance,
may take such appropriate action as will enable the city government to function properly.
The Kodiak City Code is current through Ordinance 1356, passed August 11, 2016.
Kodiak City Code Charter of the City of Kodiak, Alaska Page 38 of 40
ARTICLE XIV
SUCCESSION IN GOVERNMENT
Section
XIV-1 Charter-when in effect
XIV-2 Officers and : s to co
XIV-1 Charter—when in effect
This charter shall go into effect upon approval by an affirmative vote of a majority of the qualified
voters who vote on the question of approval, and the government provided by it shall be deemed a
continuation of the government existing previously under law.
XIV-2 Officers and employees to continue
The incumbents of the offices of mayor, councilmembers, city manager, city clerk-treasurer, and all
other offices and positions of employment (including members of boards and commissions), under
the statutory government of this City at the time this charter goes into effect, shall continue in their
respective offices and positions of employment under this charter until their respective terms expire
or until their services are terminated in accordance with the provisions of this charter and
ordinances relating to the creation, change, and abolition of offices and removal of officers and
employees, as the case may be. The compensation of all officers and employees shall continue at
the same rates after this charter goes into effect until changed in accordance with this charter.
XIV-3 Ordinances continued
All ordinances, insofar as they are not inconsistent with this charter, shall continue in effect until
they are repealed or until they expire by their own limitations.
XIV-4 Pending actions and proceedings
The adoption of this charter shall not abate or otherwise affect any action or proceedings, civil or
criminal, pending when it takes effect, brought by or against the municipality or any office,
department, agency, or officer thereof.
The Kodiak City Code is current through Ordinance 1356, passed August 11, 2016.
Kodiak City Code Charter of the City of Kodiak, Alaska Page 39 of 40
Certificate
We, the undersigned members of the Charter Commission of the City of Kodiak, Alaska, duly
elected in accordance with Chapter 196 of the 1959 Session laws of the State of Alaska, acting as
said Charter Commission, and having elected Leon H. Johnson, Chairman; Peter Ramaglia, Vice
Chairman; and Robert L. Hall, Secretary of said Charter Commission, state that the said Charter
Commission has prepared the above Charter of the City of Kodiak, Alaska, and do hereby approve
and propose the said Charter, and direct that it be filed in the office of the City Clerk of the said
City; and further direct that this Charter of the City of Kodiak, Alaska, shall be submitted to the
qualified voters of the City of Kodiak, Alaska, at a special election which shall be held on Tuesday,
March 16, 1965, for ratification or rejection in accordance with law.
In witness whereof, we hereunto subscribe our names, on this 9th day of February, 1965, in the
City of Kodiak, Alaska.
-
PETER RAMAGLIA WALTER
ROBERT L. HALL /kNUL NORTON
/
I . A. SMOTT TUONAS FRO&I
- n--- ..-
HAROLD J14MGLIN
-i
Filed in in the office at the City Clerk or the City of Kodiak, Alaska, Febru=7 9 1965.
Res. 35-64, approved December 22, 1964, provided for an election to create a Charter Commission
and for election of the members of the Charter Commission if approved. The election was held
February 2, 1965, and approved by the voters.
Res. 10-65, approved February 11, 1965, provided for an election March 16, 1965, to adopt or reject
The Kodiak City Code is current through Ordinance 1356, passed August 11, 2016.
Kodiak City Code Charter of the City of Kodiak, Alaska Page 40 of 40
the Charter prepared by the Charter Commission. The Charter was ratified by the voters at the
March 16, 1965 election.
The Kodiak City Code is current through Ordinance 1356, passed August 11, 2016.