CITY OF NORTH POLE
HOME RULE CHARTER
Chapter | GENERAL PROVISIONS | |
Chapter | OFFICERS | |
Chapter | THE CITY COUNCIL | |
Chapter | ORDINANCES | |
Chapter | THE ADMINISTRATIVE SERVICE | |
Chapter | BUDGET PROCEDURE AND GENERAL FINANCE PROVISIONS | |
Chapter | TAXATION | |
Chapter | SPECIAL ASSESSMENTS AND LOCAL PUBLIC IMPROVEMENTS | |
Chapter | INTERGOVERNMENTAL RELATIONS | |
Chapter | ELECTIONS | |
Chapter | MUNICIPAL BORROWING | |
Chapter | CONTRACTS | |
Chapter | PUBLIC UTILITY SERVICES | |
Chapter | REVISION AND AMENDMENT | |
PREAMBLE
WE, THE PEOPLE OF THE CITY OF NORTH POLE, EXERCISING THE POWER 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 NORTH POLE, ALASKA.
Chapter I
GENERAL PROVISIONS
CONTINUATION OF EXISTING CORPORATION:
Section 1.1. The City of North Pole, Alaska, shall continue to be a municipal body politic and corporate of Home Rule in perpetuity under the name of the "City of North Pole, 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 North Pole, 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.
(Amended by the voters at the October 3, 2006, general election)
FORM OF GOVERNMENT:
Section 1.2.
(a) The government of the City is the Mayor-Council form.
(b) The City Manager plan of government may be adopted as provided by law in the City Manager Act (See AS Title 29).
(Amended by the voters at the October 3, 2006, general election)
BOUNDARIES:
Section 1.3. 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 or permitted by the State Constitution and/or law.
POWERS OF THE CITY:
Section 1.4. In this Charter no mention of a particular power shall be construed to be exclusive or to restrict the scope of the powers which the City would have if the particular power were not mentioned. The Charter shall be liberally construed to the end that the City may have all 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.
(Amended by the voters at the October 4, 2016, regular election; amended by the voters at the October 3, 2006, general election)
Section 1.5. The City may exercise all powers not prohibited by law or by this Charter.
DEFINITIONS AND CONSTRUCTION:
Section 1.6. Except as otherwise specifically defined herein or indicated by the context, words used in this Charter shall have their ordinary dictionary meanings.
(a) “Board” includes the word “Commission”.
(b) “Business Day” means Monday through Friday excluding weekends (Saturday and Sunday) and holidays.
(c) “Bylaw” denotes the constitution and statutes of the United States, the constitution and statutes of Alaska, the applicable common law, and this charter.
(d) “Capital Improvement” means public improvement of a permanent nature.
(e) “Chief Executive Officer” means the Mayor, unless the city manager plan has been adopted, in which case it means the City Manager.
(f) “City” means the City of North Pole.
(g) “Code” means the Code of Ordinances of the City of North Pole.
(h) “Council” means the City Council of the City of North Pole.
(i) “Day” means a 24-hour period.
(j) “Elector” means a qualified elector as defined in Article V of the Alaska Constitution, who is registered as required by the Code.
(k) “Emergency” means a situation in which exists a necessity to preserve public peace, health or safety.
(l) “Home Rule” means a municipal corporation and political subdivision. It is a city or borough that has adopted a home rule charter, or it is a unified municipality. A home rule municipality has all legislative powers not prohibited by law or charter.
(m) “Local Improvement” means those public improvements which are specifically beneficial to the property affected and shall further include the abatement of such unsafe, unsightly, unhealthful, or unsanitary conditions as the Council shall determine to be a public nuisance.
(n) “Person” extends and applies to associations, clubs, societies, firms, partnerships and bodies politic and corporate, as well as to individuals.
(o) “Public Improvement” means those improvements to or in connection with streets, sidewalks, parks, playgrounds, building, sewer systems, water systems, and any other real property or appurtenances thereof within the City used by the public.
(p) “Public Utility” includes all common carriers in the public streets, water, sewage disposal, electric, light, gas, telephone, and cable lines and systems, garbage collection, garbage disposal and such other and different enterprise as the law or the Council may determine to be or designate as public utilities.
(q) “Publish” or “Published” includes the setting forth of any matter for public notice in the manner provided by law, or, where there is no applicable law, by posting in at least three public places, within the City limits, two of which shall be the City Hall bulletin board and a local newspaper.
(r) “Shall” is mandatory; “May” is permissive.
(s) “Sign” or “Signature” includes the facsimile of a signature when authorized by the Council.
(t) Words used in the present or past tense include the future as well as the present or past.
(u) The singular includes the plural, the plural includes the singular, and the masculine gender extends to and includes the feminine gender and the neuter.
(Amended by the voters at the October 4, 2016, regular election; amended by the voters at the October 3, 2006, general election)
RECORDS TO THE PUBLIC:
Section 1.7. All records relating to the general governmental affairs of the City shall be public records unless otherwise provided by law. They shall be kept in city offices, except when required for official reasons or for purposes of safekeeping to be kept elsewhere. They shall be available at city offices for inspections, copying or reproduction at reasonable times and with reasonable notice as determined by the City Clerk. Such records, or copies duly certified by the City Clerk, shall be prima facie evidence of their contents.
(Amended by the voters at the October 3, 2006, general election)
QUORUM:
Section 1.8. A quorum of any board created by or under authority of this Charter shall, unless otherwise provided, consist of a majority of the number of its members.
SUNDAYS AND HOLIDAYS:
Section 1.9. Except as otherwise provided in this Charter, whenever the date fixed by law or ordinance for the doing or completion of any act falls on a Saturday, Sunday or legal holiday, such act shall be done or completed on the following business day.
(Amended by the voters at the October 3, 2006, general election)
PENALTIES FOR VIOLATIONS:
Section 1.10.
(a) Violations of this Charter, the Code, or any Ordinance of the City is a misdemeanor and is punishable by a fine which shall not exceed one thousand dollars ($1,000.00).
(b) The City may institute a civil action against a person who violates a provision of this Charter, the Code or any ordinance of the City. In addition to injunctive and compensatory relief, the City may obtain a civil penalty not to exceed one thousand dollars ($1,000.00) for each violation. The City may bring an action to enjoin a violation or to recover a civil penalty notwithstanding the availability of any other remedy.
(c) Each day that a violation continues constitutes a separate violation.
(Amended by the voters at the October 4, 2016, regular election; amended by the voters at the October 3, 2006, general election)
NOTICE TO CITY OF CLAIM FOR INJURIES:
Section 1.11 (Deleted by ballot proposition in November 1993)
CHAPTER AND SECTION HEADINGS:
Section 1.12. The chapter and section heading used in this Charter shall not be considered a part of the Charter for the purpose of judicial construction or otherwise.
SEVERABILITY OF CHARTER PROVISIONS:
Section 1.13. If any portion of this Charter is held to be invalid, such invalidity shall not affect the remainder of the Charter; and to that end, this Charter is declared to be severable.
LIBERAL CONSTRUCTION:
Section 1.14. The intent of the Charter Commission in drafting this Charter and of the electors of the City of North Pole in adopting it was that the provisions of the Charter should be liberally construed to afford a maximum of local self government in accordance with the intent of Section 1 of Article X, Constitution of the State of Alaska.
RESIDUAL POWERS:
Section 1.15. The enumeration of specified powers in this Charter shall not be construed as limiting the powers of the City.
Chapter II
OFFICERS
CITY OFFICERS:
Section 2.1.
(a) The elective officers of the City are the Mayor and six (6) Council Members.
(b) The appointive officers of the City are the City Clerk, City Attorney and City Manager, if any.
ELIGIBILITY FOR ELECTIVE CITY OFFICE:
Section 2.2.
(a) To be eligible to file a declaration of candidacy for election to a City office, a person shall be an elector of the City and shall have been a resident of the City or of territory annexed to the City, or shall have had combination of residence in the City and in the annexed territory for a period of not less than one (1) year preceding the date of the filing of such declaration and shall be at least eighteen (18) years of age.
(b) A person appointed to fill a vacancy in an elective office must have such qualifications at the time of his appointment.
(c) The Council shall be the judge of the election and of the qualifications of its members.
PERSONS INELIGIBLE FOR CITY OFFICE OR EMPLOYMENT:
Section 2.3.
(a) Neither the Mayor nor any Council Member shall serve the City in any other City salaried position.
(b) A person who has held an elective office shall not be eligible for employment for which a salary is paid by the City until one year has elapsed following vacancy of that office.
(Amended by the voters at the October 3, 2006, general election)
NOTICE OF ELECTION OR APPOINTMENT:
Section 2.4. In the event a person is appointed and is not in attendance at the meeting, the City Clerk shall notify each person elected or appointed within five (5) days from the time the results of the election are certified or the appointment is effective.
(Amended by the voters at the October 3, 2006, general election)
COMPENSATION OF OFFICERS:
Section 2.5. The compensation for the service of City appointive officers and employees shall be in such amounts as fixed by the Council.
Section 2.6. The compensation of the Mayor and Council Members shall be determined by Ordinance. When compensation is granted the initial amount shall not be increased or decreased during the term of office. Any change in compensation shall not take effect until the council meeting following the next general city election.
(Amended by the voters at the October 3, 2006, general election)
OATH OF OFFICE:
Section 2.7. Every officer of the City before entering upon his or her duties shall take the oath or affirmation required by Section 5 of Article XII, Constitution of the State of Alaska. The Council may require designated employees to take such oath before entering upon their employment. Oaths of office shall be filed with the City Clerk.
SURETY BONDS:
Section 2.8. In order to protect the City and the public, the Council may require appropriate surety bonds of officers and employees. The premium of such bonds shall be paid by the City.
GIVING OF SURETY BY OFFICERS AND EMPLOYEES FORBIDDEN:
Section 2.9. No officer or employee shall give or furnish any bail, bond or recognizance, nor shall be the agent of any bondsman in connection with any bond which may be required by law or by the Council.
VACANCIES IN OFFICE:
Section 2.10.
(a) A City office shall become vacant upon the occurrence of any of the following:
(1) The death of the incumbent;
(2) A resignation when approved by the council;
(3) A removal from office in the manner provided by law;
(4) Ceasing to possess at any time the qualifications or eligibility required by this Charter for election or appointment to office;
(5) Final conviction of a felony;
(6) A judicial determination that the incumbent is of unsound mind or is physically impaired such that he or she cannot perform the duties of the office;
(7) A decision of a competent tribunal declaring the election or appointment of the incumbent void;
(8) Failure to take the oath or make the affirmation, or file the bond required for the office within fifteen (15) days from the date the results of the election are certified or the appointment is effective or within such other time, not exceeding thirty (30) days thereafter, as the Council may fix;
(9) Any other event which, by law, creates a vacancy.
(b) The Council shall provide in the Code for creating vacancies in elective offices because of failure to perform the duties of office. Such provisions shall be self-executing.
RESIGNATIONS:
Section 2.11. Resignations of officers shall be made in writing and filed with the City Clerk, who shall immediately notify the proper officials concerned.
REMOVAL FROM OFFICE:
Section 2.12. The Council may remove, by an affirmative vote of at least five (5) members, the City Manager, if any, the City Clerk, the City Attorney, and members of boards, regardless of the right to public hearing before the Council concerning the cause of his removal.
(Amended by the voters at the October 3, 2006, general election)
RECALL:
Section 2.13. An elective officer may be recalled as prescribed by law and the vacancy thereby created shall be filled in the manner prescribed by law.
FILLING VACANCIES:
Section 2.14.
(a) If a vacancy occurs in an elective office, except in the case of recall or the office of the Mayor, the Council shall fill the vacancy by appointment within thirty (30) days thereafter. If the vacancy occurs less than twenty-four (24) hours prior to the last date and time set for filing declarations of candidacy for offices to be filled at the next regular meeting of the Council following such regular city election, it shall not be filled until the first regular meeting of the Council next following such regular city election. Each such appointment shall be for a term ending at the next regular council meeting following the next regular City election.
(b) If a vacancy occurs in an appointive office, such vacancy shall be filled within forty-five (45) days thereafter in the manner provided for making the original appointment. Such time may be extended, for not more than an additional ninety (90) days, by the Council resolution setting forth the reasons therefor.
(Amended by the voters at the October 3, 2006, general election; amended by the voters at the October 5, 1999, general election)
DELIVERY OF OFFICE TO SUCCESSOR:
Section 2.15. Whenever an officer or employee leaves an office or employment for any reason, he shall deliver forthwith to his successor in the office or to the Chief Executive Officer, all property of the City, such as books, working papers, monies and effects, which are in his custody, possession, or control.
(Amended by the voters at the October 3, 2006, general election)
Chapter III
THE CITY COUNCIL
THE CITY COUNCIL:
Section 3.1. The Council shall consist of the Mayor and six (6) Council Members. The Mayor and each Council Member shall be elected from the City at large. The term of office of the Mayor and each Council Member shall be three (3) years and shall commence on the first regular meeting following their election. No person who has been elected as Mayor for (2) two consecutive full successive terms shall be again eligible to hold the office of Mayor until (1) one full year has intervened. No person who has been elected as City Council Member for (2) full successive terms shall be again eligible to hold office of City Council Member until (1) one full year has intervened. The foregoing term limits do not apply when a person is a Council Member and seeks the office of Mayor or is the Mayor and seeks the office of Council Member. The council shall exercise all of the legislative and policy making powers of the city and shall provide for the performance of all duties and obligations imposed upon the City by law.
TERMS OF OFFICE:
Section 3.2. Two (2) Council Members shall be elected annually for three (3) year terms. A Mayor shall be elected every third year for a three (3) year term.
ORGANIZATION OF THE COUNCIL:
Section 3.3. The Council shall meet and organize at the first regular meeting following each regular City election. The Council shall elect from its membership a Mayor Pro Tempore and do such other acts as may be required for its organization and the conduct of its business. The Council shall provide in the Code for the interim order of the succession of its members to the office of Mayor Pro Tempore and for the prompt and temporary reconstitution of the Council in the event that its membership is reduced to less than a quorum.
THE MAYOR:
Section 3.4. The Mayor:
(a) Shall possess all powers and shall exercise all duties provided or required by law, by the Council, or in the Code.
(b) Shall be the presiding officer of the Council and shall sign all Ordinances and Resolutions enacted by the Council.
(c) Shall be a member of the Council with all the powers and duties of that office.
(d) Shall advise the Council concerning the affairs of the City and make recommendations thereon.
(e) In emergencies, shall have the powers conferred by law upon peace officers and shall exercise such powers as Executive Officer to prevent disorder, to preserve the public peace and health and to provide for the safety of persons and property.
(f) Shall make all required appointments subject to confirmation by the Council.
(g) Shall not possess the veto power.
(h) Shall perform all duties provided in this Charter for the City if the City Manager plan of government has not been adopted.
THE MAYOR PRO TEMPORE:
Section 3.5. The Mayor Pro Tempore shall succeed to the Office of Mayor until the next regular City election when a vacancy occurs in that office or shall have and exercise the powers and duties of the Mayor when the Mayor is absent and unable to perform the duties of office. When a preponderance of the evidence exists concerning the ability of the Mayor to perform the duties of office, six (6) Council Members shall, by resolution, determine whether the Mayor Pro Tempore shall act in the place of the Mayor. Such determination shall stand until the Council determines that such disability or inability ceases. The term "absent and unable" means the Mayor is absent in person and is unable to carry out the functions of his office by communications with the Council and/or the administrative staff.
(Amended by the voters at the October 3, 2006, general election; amended by the voters at the October 5, 1999, general election)
MEETINGS OF THE COUNCIL:
Section 3.6.
(a) The Council shall hold regular meetings in the established Council Chambers or in such other place as may be established in the Code, and shall hold at least (2) regular meetings in each month. In the selection of its meeting place, consideration shall be given to the reasonable accommodation of the public.
(b) Special meetings of the Council shall be held at the regular meeting place of the Council or at such other place agreeable to a majority of the Council. Special meetings shall be called by the City Clerk at the request of the Mayor, or by a majority of the Council.
(c) At least six (6) hours written notice shall be given designating the time and purpose of a special meeting. Such notice shall be served personally on each member of the Council or left at their usual place of residence or business by the City Clerk or by someone designated by the Clerk. Three (3) copies of such notice shall be posted in public places, one of these being the City Hall bulletin board.
(d) The City Council may meet upon shorter notice than six (6) hours at any place, by unanimous consent of all its members present, recorded in the record of such meetings, provided the Council unanimously finds and so votes at such meetings that there is an emergency justifying such meetings and the public interest so requires.
(e) An affidavit of service of any notice required by this section shall be made a part of the journal of a special meeting.
(f) No business shall be transacted at any special meeting of the Council except that stated in the notice of the meeting.
(g) All regular and special meetings of the Council shall be public meetings and the public shall have a reasonable opportunity to be heard.
(h) The Council may, after its agenda is otherwise completed, recess for the purpose of discussing, in a closed or executive session, any question permitted by law which is expressed in the motion calling for the executive session. The public may be excluded from the session, but final action shall not be taken by the Council on any matter discussed in executive session until the matter is placed on the agenda.
(i) Four (4) members of the Council shall be a quorum for the transaction of business. In the absence of a quorum, any number less than a quorum may adjourn a meeting to a later date.
(j) The Council shall determine by Ordinance its own rules and order of business and shall keep a journal of all its proceedings. The journal of each meeting of the Council shall be signed by the Clerk and countersigned by the Mayor.
The vote upon all matters considered by the Council shall be taken by "yes" and "no" votes which shall be entered upon record, except that, where the vote is unanimous, it shall be necessary only so to state.
(k) The Council may compel attendance at its meetings of any officers or employees of the City. It may punish for non-attendance in such manner as may be prescribed in the Code of Ordinances.
(l) No member of the Council may vote on any question upon which he has a direct or indirect pecuniary interest. Otherwise, each member of the Council shall vote on each question before the Council for determination. Any issue regarding a Council Member’s eligibility to vote on a question before the Council shall be resolved by the other members of the Council before the vote on the main question.
(m) The agenda shall be published prior to a regular meeting.
(Amended by the voters at the October 3, 2006, general election)
POWERS OF THE COUNCIL TO APPOINT CITIZENS BOARDS:
Section 3.7. The Council may establish by ordinance such boards or commissions as in its judgment are required to operate any corporate or proprietary function of the City.
Chapter IV
ORDINANCES
ORDINANCES – WHEN REQUIRED; ADOPTION:
Section 4.1. In addition to such other acts of the council as are required to be by ordinance all legislation shall be enacted by ordinance. An affirmative vote of four (4) Council Members, shall be required to adopt an Ordinance or Resolution or motion unless otherwise specifically required by the charter.
ORDINANCES – TITLE:
Section 4.2. A title shall be given to all ordinances. The title shall give notice of the subject matter of the ordinance and nothing contained in the ordinance which is not germane to the subject matter expressed in the title shall be valid.
ORDINANCE – INTRODUCTION: FIRST READING; PUBLICATION:
Section 4.3. Every ordinance shall be introduced in writing and, after advancement to second reading, shall be published in full or by title at least once, with notice of the time and place when and where it will be given a public hearing and be considered for passage. The first such publication shall be at least four (4) days prior to the time advertised for public hearing.
ORDINANCES – SECOND READING; PUBLIC HEARING:
Section 4.4. At the time and place so advertised, or at any time and place to which such hearing shall from time to time be adjourned, such ordinance shall be read in full; or, if written copies are available to interested persons at the hearing, such ordinance may be read by title only. After reading, all persons interested shall be given an opportunity to be heard.
ORDINANCES – AMENDMENT AND ADOPTION:
Section 4.5. After such hearing, the Council may pass such ordinance with or without amendment. Should the Council make an amendment which constitutes a change of substance, it shall order published a notice of the time and place when and where such amended ordinance will be further considered. Publication shall be at least four (4) days prior to the time stated. At the time so advertised or at any time and place to which such meeting shall be adjourned, any amendment or any amended section shall be read and a public hearing shall be held thereon. After such hearing the Council may pass such amended ordinance, or again amend it subject to the same procedure.
ORDINANCES – EXCEPTION TO PROCEDURES:
Section 4.6. If the initiative or the referendum process authorized by Section 4.10 is utilized, Sections 4.3, 4.4 and 4.5 of this article need not be complied with and the Council shall introduce, amend and adopt at one meeting of the Council any matters so approved by the voters. In addtion to the foregoing exemption, the Council, upon an express finding that an emergency exists, the nature of which is stated in a motion for unanimous and affirmative vote of all Council Members in attendance, may introduce, amend and adopt an ordinance in one meeting of the Council. The Ordinance must be warranted by or related to the emergency which justified the suspension.
ORDINANCE – PUBLICATION AFTER ADOPTION: EFFECTIVE DATE:
Section 4.7. After adoption every ordinance shall be published again in full or by title. Every ordinance, unless it shall specify another date following publication, shall become effective at the expiration of twenty (20) days after such publication.
ORDINANCE – CODIFICATION:
Section 4.8. The Council shall provide for the preparation and the adoption of a Code of City Ordinances and the maintenance of such Code on a current basis. Ordinances not of general application and ordinances of temporary application may be omitted from the Code. Procedural requisites such as titles and effective date clauses extrinsic to the substantive provisions of any ordinance may be omitted from the Code.
Copies of such Code and the service for supplementation thereof may be purchased from the City. The Code shall be deemed to be prima facie evidence of the municipal law of this City.
TIME LIMIT FOR PROSECUTION OF CHARTER OR CODE VIOLATIONS:
Section 4.9. No prosecution for the violation of this Charter or of the Code shall be commenced after the expiration of five (5) years following commission of the offense, unless the accused had fled or remained beyond the boundaries of the City. The period of time during which the accused remains outside the municipal boundaries shall not be counted.
INITIATIVE AND REFERENDUM:
Section 4.10.
(a) The City adopts by reference as part of the Charter the Constitutional provisions and State Law applicable to the initiative and referendum (See AS Title 29).
(Amended by the voters at the October 3, 2006, general election)
BUILDING AND ZONING REGULATIONS:
Section 4.11. To provide for the health, safety, and welfare of citizens within the City, the Council shall insure comprehensive building and zoning regulations are in effect.
ABATEMENT OF NUISANCES:
Section 4.12. The Council shall provide in the Code for the declaration and abatement of nuisances which may be offensive or tend to endanger the health and welfare of the public, and for the assessment of the costs and attorney fees incurred thereof against the property upon, or in respect of which the nuisance exists.
(Amended by the voters at the October 3, 2006, general election)
OTHER MUNICIPAL SERVICES:
Section 4.13. The Council shall provide for the furnishing of municipal services as it deems necessary for the protection of the health, safety, welfare and morale of the public. When the interests of the City so require, the Council may authorize plans or agreements for reimbursing the City in consideration of furnishing any of such services to tax-exempt persons or agencies, whether private or governmental.
(Amended by the voters at the October 3, 2006, general election)
Chapter V
THE ADMINISTRATIVE SERVICE
THE COUNCIL TO PROVIDE FOR THE CITY ADMINISTRATION:
Section 5.1. The Council shall provide in the Code for the organization of the administrative offices and departments of the City and shall prescribe their duties and functions.
EMERGENCY ADMINISTRATION:
Section 5.2. In order to assure continuity of City services and administration in periods of emergency resulting from war or disaster, the Council shall provide in the Code for the prompt and temporary succession to the powers and duties of administrative officers and departments when such officers and departments are unable to carry on their respective powers and duties.
ADMINISTRATIVE OFFICERS AND EMPLOYEES – APPOINTMENT, TERMS AND COMPENSATION:
Section 5.3.
(a) The City Clerk, the City Attorney, and the City Manager, if any, shall be appointed by the Council. They shall hold office for indefinite terms at the pleasure of the Council.
(b) The Director of City Services, Police Chief, Fire Chief, and Accountant shall be appointed by the Mayor. Termination of the Director of City Services, Police Chief, Fire Chief and Accountant shall be subject to ratification by a majority vote of the City Council.
(c) Members of City boards and commissions shall be appointed by the Mayor subject to confirmation by the Council and shall serve for the terms provided in the Code.
(d) Council shall provide in the Code for the employment of City employees on the basis of merit and fitness.
(e) There shall be no discrimination in the selection, discharge, and fixing of the terms and conditions of employment of City employees which is prohibited by the Constitution of the United States of America, the Constitution of the State of Alaska, or any law which prohibits discrimination and is applicable to the City.
(Amended by the voters at the October 2, 2018, general election; amended by the voters at the October 4, 2016, regular election; amended by the voters at the October 3, 2006, general election)
THE CITY MANAGER:
Section 5.4.
(a) If any, shall be chosen solely on the basis of demonstrated administrative qualifications, with particular emphasis on training and experience in Alaska conditions and shall be a resident of the borough during tenure in office.
(b) If any, shall be the Chief Executive Officer of the City and shall perform the duties of office under the authority of and shall be accountable to the Council. Duties shall be prescribed in the Code by the Council and may include duties in addition to those set forth in this Charter.
(c) If any, shall supervise and coordinate the work of the administrative officers and departments of the City, except those of the City Attorney and the City Clerk, and shall act as coordinator between these officers and the other administrative officers.
(d) If any, shall prepare and recommend to the Council the annual budget proposals of the City.
(e) If any, shall enforce the Code and other acts of the Council and administer all City contracts.
(f) If any, shall employ or be responsible for the employment of all City employees and shall supervise and coordinate the personnel policies and practices of the City.
CITY CLERK:
Section 5.5. The City Clerk, or authorized representative:
(a) Shall be Clerk of the Council.
(b) Shall attend all meetings of the Council and shall keep a record of its proceedings.
(c) Shall record and certify all actions of the Council.
(d) Shall have power to administer all oaths required by law.
(e) Shall be custodian of the City seal and the official records of the City.
(f) Shall give to the proper official ample notice of the expiration or termination of any term of office and, when necessary, the conditions or requirements of all bonds, franchises, contracts, or agreements.
(g) Shall be the registrar of the City and shall be responsible for the calling and supervision of all City elections, unless otherwise provided by law.
(h) Shall perform such other duties in connection with his office as may be required of him by law or by the Council or by the Code.
CITY ATTORNEY:
Section 5.6. The City Attorney:
(a) Shall act as the legal advisor of and be responsible to the Council. Shall advise the Mayor and the City Clerk concerning legal matters affecting the City administration.
(b) Shall perform such other duties as may be prescribed by the Council in the Code.
(Amended by the voters at the October 4, 2016, regular election)
CITY FISCAL AGENT:
Section 5.7. The Council shall provide in the Code for the collection, receipt, and custody of taxes, monies and personal property of value belonging to the City and for an administrative officer who shall be responsible therefor.
(Amended by the voters at the October 4, 2016, regular election; amended by the voters at the October 3, 2006, general election)
EMPLOYEE BENEFIT PLANS:
Section 5.8. Any benefit plans provided by the Council for officers and employees shall be actuarially sound. Membership in any retirement system which may be adopted by the City shall constitute a contractual relationship. Accrued benefits of any retirement system shall not be diminished or impaired.
Chapter VI
BUDGET PROCEDURE AND GENERAL FINANCE PROVISIONS
FISCAL YEAR:
Section 6.1. The fiscal year of the City shall be as established by the Council, unless otherwise provided by law.
(Amended by the voters at the October 4, 2016, regular election)
BUDGET STATEMENT OF CITY:
Section 6.2. During or prior to the eighth (8th) week preceding the first day of the fiscal year, a budget proposal for the next fiscal year of the City shall be submitted to the Council by the Mayor. Such budget proposal shall set forth the recommendations for and an analysis of the anticipated income and expenditures of the City during the next fiscal year, together with comparative figures showing the estimated corresponding amounts for the current year and comparisons with the previous year. The proposed expenditures set forth in the budget proposals shall not exceed the expected revenues of the City. Unencumbered funds remaining at the end of the current fiscal year may be reallocated for the purposes set forth in the budget proposal.
(Amended by the voters at the October 4, 2016, regular election)
BUDGET ADOPTION PROCEDURE:
Section 6.3.
(a) The budget proposal shall be reviewed by the Council and shall be available for public inspection in the office of the City Clerk.
(b) The Council shall hold public budget work sessions prior to the introduction of the new budget.
(c) At a regular meeting held not less than twenty (20) days prior to the end of the fiscal year, the Council shall, by ordinance, adopt a budget for the following fiscal year and make an appropriation of the money needed therefor.
(d) Failing adoption, the budget proposal as submitted or amended shall become an appropriation and the budget for the fiscal year without further Council action.
(Amended by the voters at the October 3, 2006, general election)
BUDGET CONTROL:
Section 6.4.
(a) Unencumbered appropriation balances may be transferred within a department by the Council at any time on its own initiative. The Council may by ordinance transfer unencumbered balances from one office, department or agency to another.
(b) There shall be submitted periodically to the Council information comparing estimated and actual revenues and expenditures to the end of the preceding month.
(Amended by the voters at the October 4, 2016, regular election)
WITHDRAWAL OF FUNDS:
Section 6.5.
(a) All funds drawn from the treasury shall be drawn pursuant to the approved budget and approved amendments thereto.
(b) The Council shall prescribe the method for the disbursement of City funds.
(Amended by the voters at the October 4, 2016, regular election)
INDEPENDENT AUDIT:
Section 6.6. An independent audit shall be made of all accounts of the City at least annually and more frequently if deemed necessary by the Council. The annual audit shall be made by certified public accountants employed by the Council and shall be completed within one hundred eighty (180) days following the close of the fiscal year.
a. The City Council may by resolution extend the deadline for completion of the annual independent audit if the audit cannot be completed within 180 days due to regulatory changes beyond the City’s control.
(Amended by the voters at the October 2, 2018, general election; amended by the voters at the October 5, 2010, general election)
Chapter VII
TAXATION
TAXATION BY ORDINANCE:
Section 7.1. The Council shall provide in the Code for the annual assessment, levy and collection of City Taxes.
EXEMPTIONS:
Section 7.2. The power of taxation shall never be surrendered. No exemptions from taxation shall be allowed except such as are expressly provided by law. Private leaseholds, contracts, or interests in land or property owned or held by the United States, the State or its political subdivisions, shall be taxable to the extent of interests.
(Amended by the voters at the October 3, 2006, general election)
SECURITY FOR TAXES ON REAL PROPERTY:
Section 7.3. The City shall have a first lien upon all real property against which taxes are assessed for the taxes and any collection charges, penalties and interest which may accumulate thereto, said lien shall continue until the taxes are paid.
(Amended by the voters at the October 3, 2006, general election)
MARIJUANA ESTABLISHMENT REGULATIONS AND TAXATION:
Section 7.04 All marijuana businesses are prohibited in the City of North Pole.
(Amended by the voters at the October 2, 2018, general election)
Chapter VIII
SPECIAL ASSESSMENT AND LOCAL PUBLIC IMPROVEMENTS
DETERMINATION OF NECESSITY FOR LOCAL IMPROVEMENTS:
Section 8.1. The Council may provide by ordinance for the determination of the necessity of and method of payment for local public improvements. Special assessments against the property benefited may be levied to pay for all or any part of a local public improvement.
PROTEST:
Section 8.2. If protest exists the improvement shall not proceed until the protests have been reduced so that the property of those still protesting shall not bear fifty per cent (50%) of the said estimated cost of the improvement. For the purpose of this section, "owner" shall mean the record holder of legal title to the land, except that if there is a purchaser of the land according to a recorded land sale contract, or according to a verified writing by the record holder of legal title of the land with the City Clerk, the said purchaser shall be deemed the "owner".
PROPERTY LIABLE FOR ASSESSMENTS:
Section 8.3. All real property, including tax exempt property, shall be liable for special assessments. Invalidity of this provision as to any class of property shall not affect its application to other classes of property.
ASSESSMENT LIEN:
Section 8.4. The City shall have a first lien upon all real property against which special assessments are levied, for the special assessments and any collection charges, penalties and interest which may accumulate thereon; and the lien shall be of the same character and effect and shall be enforceable in the manner as the lien for the City taxes.
(Amended by the voters at the October 3, 2006, general election)
Chapter IX
INTERGOVERNMENTAL RELATIONS
AGREEMENTS FOR TRANSFERRING POWERS:
Section 9.1. Agreements, including those for cooperative or joint administration of any function or power, may be made by the Council with any local government, with the State, or with the United States, unless otherwise provided by law. The Council may transfer to the Borough, of which the City is a part, any City power or function unless prohibited by law. Such transfer shall not take effect for ninety (90) days following approval by the Council. The Council may at any time revoke the transfer.
COOPERATION WITH OTHER GOVERNMENTS:
Section 9.2. The City may cooperate with the United States, with the State or its political subdivision, or with other states and their political subdivisions on matters of common interest. For this purpose the Council may make all necessary appropriations.
CITY REPRESENTATIVES ON BOROUGH ASSEMBLY:
Section 9.3. The City shall participate in Borough affairs. The Council shall elect from its membership the City’s representatives on the Borough Assembly. The City representative on the Borough Assembly is not compensated by the Borough.
(Amended by the voters at the October 3, 2006, general election)
VACANCIES IN OFFICE OF REPRESENTATIVES ON THE ASSEMBLY:
Section 9.4. Any vacancy in the office of City representative on the Assembly shall be filled by the Council within thirty (30) days after such vacancy occurs.
COMPENSATION OF REPRESENTATIVES ON THE ASSEMBLY:
Section 9.5 (Deleted by voters at the October 3, 2006, general election)
Chapter X
ELECTIONS
REGULAR CITY ELECTIONS:
Section 10.1. The regular City elections shall be held annually on the first Tuesday in October or such other date as the Council may provide in the Code. The date of holding regular City elections may not be changed by the Council at any time less than one year prior to the date of the first regular City election affected.
(Amended by the voters at the October 3, 2006, general election)
SPECIAL CITY ELECTIONS:
Section 10.2. The Council shall provide in the Code for the calling of special elections. Not less than twenty (20) days notice shall be given of each special election. The notice shall be published and state the purpose of the election.
QUALIFICATIONS OF ELECTORS:
Section 10.3.
(a) Every person who has been a resident of the City for at least thirty (30) days and who is a qualified voter as defined by Article V of the Alaska Constitution shall be entitled to vote at any election for which additional qualifications are not required by this Charter. The Council may provide by ordinance for pre-registration as a condition to voting.
(b) The Council shall provide in the Code for absentee voting by registered electors who are infirm or ill and by those who will be out of the City for the entire time that the polls are open on election day.
ELECTION PROCEDURE:
Section 10.4. The Council shall provide in the Code for the manner of holding and conducting regular and special elections. All elections of City officers shall be nonpartisan and by secret ballot.
TIE VOTE:
Section 10.5. In the event of a tie vote, the Council shall determine the successful candidate by lot. Such determination shall be final.
(Amended by the voters at the October 3, 2006, general election)
Chapter XI
MUNICIPAL BORROWING
GENERAL AUTHORIZATION TO BORROW MONEY:
Section 11.1.
(a) The City shall have the power to borrow money for any public purpose and to issue its evidences of indebtedness therefor. Such evidence of indebtedness shall include, but not be limited to, those enumerated in the following three categories:
(1) Bonds for capital improvements authorized by the Council and ratified by a majority of the electors qualified under Section 10.3(a) and who vote thereon, voting at any regular or special election;
(i) General Obligation Bonds, the principal and interest of which are payable from taxes levied upon the taxable real and personal property in the City, and from any other sources of revenue and for the payment of which the full faith and credit of the City are pledged without limitation as to rate or amount;
(ii) Special Assessment Bonds, which are issued in anticipation of the payment of special assessments, or any combination of two or more special assessments, which bonds shall be both an obligation of the special assessment district or districts and a general obligation of the City;
(iii) General Obligation Bonds which are also secured by the revenue from a revenue producing utility, such bonds being used for the acquisition, construction or improvement of the utility;
(2) Revenue Bonds which are secured only by the revenue-producing public utilities and do not constitute a general obligation or debt of the City. Such revenue bonds shall be authorized by the Council and ratified by a majority of the electors qualified under Section 10.3(a);
(3) Those bonds and other obligations which may be authorized by the Council and do not require ratification by the electors of the City;
(i) Revenue or tax anticipation notes which may be issued in anticipation of the collection of any revenues, including taxes, in or during the current fiscal year of the City, for the purpose of meeting appropriations during the year;
(ii) Disaster bonds or notes to be issued in case of fire, flood, wind, explosion, war damage, volcanic action, earthquake, or other calamity for the preservation and rehabilitation of municipal capital improvements, in a sum not to exceed two per cent (2%) of the assessed value of all the real and personal property in the City, and due in not more than ten (10) years;
(iii) Notes for loans from accumulated reserves of the City on a definite plan for the repayment thereof and of interest thereon as provided by the Council;
(b) Bonds or notes on which a vote of the electorate is not required may be authorized by the Council. No such bonds or notes shall be issued, however, until not less than thirty (30) days have passed from the date of Council authorization. The purpose of this section is to provide the electors of the City an opportunity to exercise their right of referendum. Disaster bonds or notes may be issued immediately upon receiving proper authorization by the Council.
(c) Each bond or other evidence of indebtedness shall contain on its face a statement specifying the purpose for which it is issued. No officer of the City shall use the proceeds thereof for any other purpose, except that whenever the proceeds of any bond issue or part thereof remain unexpended and unencumbered for the purpose for which said bond issue was made, the Council shall authorize the use of such unexpended and unencumbered funds only in accordance with the following order of priority:
(1) For the retirement of such bond issue;
(2) If such bond issue has been fully retired, then for the retirement of other bonds or obligations of the City;
(3) For any other public improvement purpose or purposes of a like nature;
(4) If such funds cannot be used as permitted above, then in any other manner determined by the Council.
(d) No bond or other evidence of indebtedness of the City, regardless of type or purpose, shall bear interest, either directly or indirectly, at a rate exceeding the maximum permitted by law.
(e) All bonds and other evidences of indebtedness of the City shall be signed by the Mayor and countersigned by the Clerk under the seal of the City. Interest coupons shall be executed with the facsimile signature of the Clerk.
(f) A complete and detailed record of all bonds and other evidences of indebtedness shall be kept by an officer designated in the Code. Upon the payment of any bond or other evidences of indebtedness, the same shall be marked "paid", or otherwise cancelled on its face.
(Amended by the voters at the October 3, 2006, general election)
UNSOLD BONDS:
Section 11.2. Except when delay is caused by litigation, or when a bond issue has been authorized to be issued in two or more parts or series, if any bonds are not sold, the authorization of any unsold bonds may be voided at any time by ordinance. If any bonds are not sold within ten years after authorization, such authorization shall be null and void as to the bonds which remain unsold.
Chapter XII
CONTRACTS
AUTHORITY OF COUNCIL:
Section 12.1.
(a) The power to authorize the making of contracts on behalf of the City is vested in the Council.
(b) All contracts, except as otherwise provided in Section 12.2 hereof, shall be authorized by the Council and shall be signed on behalf of the City by the Mayor and the City Clerk, after having been approved as to form by the City Attorney.
PURCHASE AND SALE OF PERSONAL PROPERTY:
Section 12.2. The Council shall establish by ordinance the procedure for the purchase and sale of personal property. Such procedures shall include a provision for centralized purchasing on behalf of the City. The procedures shall also provide the dollar limit within which purchase and sales of personal property may be made without securing competitive bids, and the dollar limit within which purchases may be made without specific Council approval. Such procedures shall also provide for the making of emergency purchases and contracts which shall not be subject to Section 12.3(c) of this Chapter when an emergency exists.
LIMITATIONS ON CONTRACTUAL POWER:
Section 12.3.
(a) The Council shall have the power to enter only into contracts which the terms thereof will be fully executed within a period of five (5) years. This limitation shall not apply to contracts concerning interests in real property. Any contract which will not be fully executed within a period of five (5) years shall first receive the approval of a majority of the qualified electors of the City who vote thereon. This restriction shall not apply to any contract for services with a public utility or with other governmental units, nor to contracts for debt secured by the bonds or notes of the City.
(b) The Council shall provide in the Code the procedure whereby the City may purchase, sell, lease or dispose of real property. No action of the Council to sell, lease or dispose of any City interest in real property shall be final until the expiration of the period for filing an application for permissive referendum on the ordinance.
(c) Except as authorized in Section 12.2, each contract for the construction of public improvements or for the purchase or sale of personal property shall be let only after opportunity for competitive bidding and after appropriate notice thereof of not less than two (2) weeks. All bids shall be opened in public at the time and place designated in the notice of letting. The Council may reject any or all bids.
If, after opportunity for competitive bidding, no bids are received or bids received are not satisfactory to the Council, it may negotiate for a contract in the open market. The Council may waive any and all irregularities.
(d) The Council may approve contracts for engineering, architectural, legal, medical and other professional services for the City without competitive bidding. Such contracts shall not exceed two (2) years, except for completion of work in progress under architectural or engineering contracts.
BUSINESS DEALINGS WITH CITY:
Section 12.4. The Council shall provide in the Code the procedure whereby an officer or employee of the City, who intends to have business dealings with the City from which he may derive income or benefits other than those provided as remuneration for his official duties or the duties of his employment, shall file with the City Clerk a statement, under oath, setting forth the nature of such business dealings and his interest therein, not less than ten (10) days before the date when action may be taken by the Council or by any officer or agency of the City upon the matter involved. Such statement shall be sufficient for continuing transactions of a similar or like nature for one (1) year from the date of its filing.
Chapter XIII
PUBLIC UTILITY SERVICES
GENERAL POWERS RESPECTING MUNICIPAL UTILITIES:
Section 13.1. The City shall have all the powers not prohibited by law to acquire, own, operate, promote, and regulate public utilities, either within or beyond its corporate limits, and may also sell utility services beyond its corporate limits.
RATES:
Section 13.2.
(a) The Council may provide by ordinance for the establishment of utilities and may provide for their regulation, promotion, control, and the fixing of the rates to be charged, so that each utility will be financially self-sustaining, if possible.
(b) No agreements shall be made for utility services outside of the City which will return to the City less net revenues than it realizes for the same services within the City. Increased rates for utility services outside of the City may be established by the Council.
(c) 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 office of the City Clerk.
COLLECTION OF MUNICIPAL UTILITY RATES AND CHARGES:
Section 13.3. 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 be brought for the collection thereof.
DISPOSAL OF MUNICIPAL UTILITY PLANTS AND UTILITY PROPERTY:
Section 13.4. The Council may sell, lease or otherwise dispose of a municipal utility or of property and interest in property used or useful in the operation of a utility only after a proposition to do so is approved by a majority of the electors of the City voting on the proposition.
PLANS OF FACILITIES IN STREETS AND PUBLIC PLACES:
Section 13.5. The Council shall require in the Code that, as a condition to the placing or installment thereof, each public utility conducting a business in the City shall file with the Director of City Services a duplicate copy of layout plans of pipes, conduits, wires, and other facilities and appurtenances which are to be placed on, under, or above the surface of the City’s streets, alleys, bridges, easements, and public places.
(Amended by the voters at the October 4, 2016, regular election)
Chapter XIV
REVISION AND AMENDMENT
REVISION OF CHARTER:
Section 14.1. This Charter may be revised in the manner provided by law. The City Clerk shall have the power to change capitalization for the purpose of uniformity and to correct manifest errors which are clerical, typographical, or errors in spelling, or errors by way of additions or omissions.
(Amended by the voters at the October 3, 2006, general election)
AMENDMENT OF CHARTER:
Section 14.2. This Charter may be amended by proceedings commenced by the affirmative vote of five (5) of the Council or by an initiatory petition. There shall be a mandatory review of the charter ten (10) years after the last date of revision.
AMENDMENT OF CHARTER BY COUNCIL ACTION:
Section 14.3. When an amendment is proposed by the Council, it shall be submitted at the time of any regular election to be held in the City not less than sixty (60) days after its proposal by the Council, or at a special election called by the Council for the purpose of voting thereon. Such amendment of the Charter shall become effective if approved by a majority of qualified voters voting on the question.
AMENDMENT OF CHARTER BY INITIATORY PETITION:
Section 14.4. An initiatory petition for the amendment of this Charter shall be filed with the City Clerk. If the petition therefor is proper and in order, the Council shall submit the proposed amendment to the electors of the City at the next regular City election which is to be held more than ninety (90) days following the filing of the petition. Amendment of the Charter shall become effective if approved by a majority of qualified voters voting on the question.
a. An initiatory petition for the amendment of this Charter shall comply with State Law applicable to initiatives and referendums which the City adopts by reference as part of the Charter. (See AS Title 29).
(Amended by the voters at the October 2, 2018, general election)
SCOPE OF AMENDMENTS:
Section 14.5. Each proposed amendment of this Charter shall be confined to one subject, but need not be limited to a single section. Should a subject embrace more than one related proposition, each proposition shall be separately stated to afford an opportunity for the electors to vote for or against each such proposition. The Council shall hold public hearings for all proposed Charter amendments.
PUBLICATION OF PROPOSED AMENDMENTS:
Section 14.6. Each proposed amendment of this Charter shall be published not less than four (4) weeks nor more than eight (8) weeks before the election on its ratification.
FILING OF RATIFIED AMENDMENT:
Section 14.7. Two (2) copies of each amendment ratified by the electors of the City shall be filed with the Lieutenant Governor, one with the District Recorder in which the City is located, and one in the archives of the City, and shall thereupon become a part of the Charter, unless a later effective date is specified by the Council prior to the election on its ratification. Thereafter, the Court shall take judicial notice of the City Charter as amended.
(Amended by the voters at the October 3, 2006, general election)
CERTIFICATE
AGREED UPON by the members of the Charter Commission of the City of North Pole, Alaska, assembled in the City of North Pole this 28th day of September, in the year of our Lord the One Thousand Nine Hundred and Seventy.
Nellie Miller | Ruth Cunningham |
Chairman | |
Charles Custer | C. B. Miller |
Howard Dixon | L. F. Cunningham |
Edward Thompson | Herb Doll |
Gene R. Davis
ATTEST:
C. B. Miller
Secretary
Filed in the Office of the City Clerk of the City of North Pole, Alaska, October 1, 1970.
Harrilyn Blankenship
City Clerk
(Seal)