ARTICLE I
INCORPORATION, FORM OF GOVERNMENT, POWERS, INTERPRETATION
Section
I-5 Applicability of state law
I-6 Interpretations—definitions
I-1 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.
I-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.
I-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.
I-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.
I-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may be regulated by home-rule cities, shall be in effect in this City only insofar as they are applicable and are not superseded by this charter or by ordinance.
I-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 Councilmembers” 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.
(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 the publication 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.