HomeMy WebLinkAboutRESOLUTION 1982-100G
CITY OF KENAI
RESOLUTION N0. 82-100
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, PLACING
BEFORE THE VOTERS OF THE CITY OF KENAI ON THE REGULAR ELECTION
BALLOT FOR OCTOBER 5, 1982, AN AMENDMENT OF SECTION 2-1(b) OF THE
CHARTER OF THE CITY OF KENAI TO REDUCE THE RESIDENCY REQUIREMENT
FOR QUALIFICATIONS FOR POSITIONS OF MAYOR OR COUNCIL MEMBERS TO
ONE YEAR.
W7HEREAS, Section 2-1(b) of the Charter of the City of Kenai
requires that to be qualified for election or choice to fill a
vacancy in the office of Mayor or Council member that a qualified
voter must have resided within the City for three years, one year
of which must have been immediately prior thereto, and
WHEREAS, numerous courts have stricken residential requirements
Of two and three years for local office as being
unconstitutional, and in some cases have stricken a requirement
of residency of one year as being unconstitutional, and
WSEREAS, the Supreme Court of the State of Alaska in the case of
the constitutionality ofra598 onepyear953 durational residency upheld
requirement for candidacy for city office, but has implied that
any longer residency requirement for such candidacy would be
unconstitutional, and
WHEREAS, a contest on this matter would be unproductive, would be
costly, might interfere with election processes, and would
Probably result in a court holding that the present charter
provisions of the City of Kenai are unconstitutional.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that the City Clerk of the City of Kenai is hereby
directed to make proper advertising and place u
he
the regular municipal elections on October 5, 1982,ttheballot for
followings
Shall Section 2-1(b) of the Charter of the City of
Kenai be amended to reduce the residency qualification
for Mayor or Councilman to one year?
YES ❑
NO ❑
PASSED BY THE COUNCIL OF THE CITY OF KENAI,, ALASKA, this 8th day
of September, 1982.
VINCENT OIREILLY, MAYOR