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HomeMy WebLinkAboutResolution No. 2013-52Suggested by: Council Members Boyle and Marquis CITY OF KENAI RESOLUTION NO. 2013 -52 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, PROVIDING FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY OF KENAI, AT THE REGULAR ELECTION OF OCTOBER 1, 2013, THE QUESTION OF AMENDING THE CHARTER OF THE CITY OF KENAI TO REMOVE GENDER SPECIFIC REFERENCES. WHEREAS, the Charter of the City of Kenai was approved by the qualified voters of the City of Kenai at the regular election of May 14, 1963; and, WHEREAS, as written fifty years ago the Charter generally refers to council and other positions in the City in the masculine form only; and, WHEREAS, even though the Charter contains the following statement: "[w]hen used in this Charter, ... the masculine gender includes the feminine and neuter, unless the context clearly indicates otherwise" amending the Charter to reflect current societal norms and realties by changing all masculine references to gender neutral references is in the best interest of the City and sends a positive message to the City's residents and visitors. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, Section 1: That the following proposition shall be submitted to the qualified voters of the City of Kenai at the October 1, 2013 regular election in substantially the same form as set out hereafter: PROPOSITION No. X Amending The Charter Of The Kenai City To Remove Gender Specific References Shall the Charter of the City of Kenai be amended by removing all references in the masculine form and replacing them with gender neutral references. PROPOSITION YES [A Yes vote will amend the Charter of the City of Kenai to make it gender neutral] NO [A No vote will retain the existing Charter language, which contains only masculine references] New Text Underlined; [DELETED TEXT BRACKETED] Resolution No. 2013 -52 Page 2 of 12 Section 2: That following the October 1, 2013 regular election, if the voters approve the proposition in substantially the same form as set out above; the following charter amendments would become effective subject to the passage of any other Charter Amendments approved of the same election: Section 1 -3. Form of Government— Changes In —City Administrator. (a) The form of municipal government provided by this Charter shall be either the "Mayor - Council" or the "Council- Manager" form of government as the Council, by non - emergency ordinance, may provide. Unless the Council provides otherwise by non - emergency ordinance, the form of government of the City shall be the Mayor - Council form. (b) When the City is operating under the Mayor - Council form of government, the term "City Administrator," wherever used in this Charter, shall mean the Mayor, and the Mayor shall have the powers, duties, and functions of the City Administrator; provided that, when the City is operating under the Mayor - Council form of government, the City Clerk shall have such powers, duties, and functions of the City Administrator as the council by ordinance may vest in [HIM]the position. When the City is operating under the Council- Manager form of government, the term "City Administrator," wherever used in this Charter, shall mean the City Manager, and the City Manager shall have the powers, duties, and functions of the City Administrator. Section 2 -1. Council[MEN]: Number, Qualifications. (a) There shall be a Council of seven members, which shall consist of the Mayor and six other council[MEN]members. Unless otherwise clearly indicated by the context, the words "council[MAN]" and "council[MEN]member(s)" shall include the mayor as well as other council[MEN]members. (b) Only qualified voters of the City who, at the time of their election or choice to fill a vacancy, are at least twenty-one years old, and have resided within the City for one year, immediately preceding the election, shall be qualified for the offices of Mayor and other council- members. If a councilmember ceases to be a resident of this City, he /she shall thereupon cease to hold office. (Amended by Special Election on June 28, 1994.) Section 2 -2. Mayor and Vice Mayor. (a) The Mayor shall preside at meetings of the Council. [HE]The Mayor shall be recognized as head of the City government for all ceremonial purposes and by the Governor for purposes of military law. As a council[MAN]member, [HE]the Mayor shall have all powers, rights, privileges, duties, and responsibilities of the council[MEN] members, including the right to vote on questions. If a vacancy occurs in the office of Mayor, the Council shall elect a qualified person, who may or may not already be a council[MAN]member at the time, to be Mayor for completion of the unexpired term or until the vacancy is filled by election. (b) At the first meeting after the time prescribed for the beginning of the terms of newly elected council[MEN]members or as soon thereafter as practicable, the Council New Text Underlined; [DELETED TEXT BRACKETED] Resolution No. 2013 -52 Page 3 of 12 shall elect one of its members Vice Mayor, who shall serve as such until the next such first meeting. The Vice 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 and qualifies. If the office of Vice Mayor becomes vacant, the Council shall elect from its members another Vice Mayor for completion of the unexpired term. Section 2 -3. Mayor and Council[MEN]members: Compensation. The compensation, if any, of the Mayor and other council[MEN]members shall be determined by a non - emergency ordinance; but no increase in such compensation shall become effective until after a regular City election has been held. The Mayor and other council[MEN]members may be reimbursed for expenses incurred in the discharge of their official duties. This section shall not affect the compensation which a member of the Council may receive as a member of the Borough Assembly. Section 2 -5. City Clerk. There shall be a City Clerk, who shall be an officer of the City appointed by the Council for an indefinite term. The City Clerk shall serve as clerical officer of the Council. [HE]The City 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. [HE]The City 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 have such powers and duties relating to elections as this Charter or the Council may prescribe. (Amended by Proposition #1, October 5, 1976.) Section 2 -6. Council: Meetings. The Council shall hold at least two regular meetings every month at such times as it may prescribe by ordinance, resolution, or rules of the Council. The Mayor or any four council[MEN]members may call special meetings. All meetings 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; provided that all actions of the Council shall be taken at public meetings. Section 2 -7. Council: Absences to Terminate Membership. If the Mayor or any other council[MAN]member shall be absent from more than one -half of all the meetings of the Council, regular and special, held within any period of three (3) consecutive calendar months, [HE]the Mayor or councilmember shall thereupon cease to hold office. Section 2 -8. Council[MEN]members: Removal. t New Text Underlined; [DELETED TEXT BRACKETED] Resolution No. 2013 -52 Page 4 of 12 The Mayor or any other council[MAN]member may be removed from office for any cause specified by applicable state law for the removal of officers, and in the manner prescribed thereby, or by recall as provided in this Charter. Section 2 -9. Council: Vacancies. (a) The Council, by a majority vote of its remaining members, shall fill vacancies in its own membership, including a vacancy in the office of Mayor, for the unexpired terms or until the vacancies are filled at elections as provided herein. In case no council[MEN]members remain, the City Clerk, or in [HIS]the City Clerk's absence, the City Attorney shall forthwith call a special election to fill the vacancies in the Council for the unexpired terms. (b) If a vacancy occurs before the beginning of a regular filing period for candidates for council[MEN]members, and the unexpired term extends beyond the time when the terms of council[MEN]members elected that year begin, then a mayor or council[MAN]member 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 council[MEN]members elected that year begin. Section 2 -12. Ordinances: Passage, When in Effect. (a) A proposed ordinance shall be read, and a vote of a majority of all the council[MEN]members shall be required for its final passage. The vote on final passage of every ordinance shall be by roll call, and the names shall be individually recorded in the journal. The Mayor shall have no power of veto. No ordinance except an emergency ordinance or an ordinance making, repealing, transferring, or otherwise changing appropriations, may be finally passed on the same day that it is introduced. Within ten (10) days after its passage, every ordinance shall be published in full or by number and title. (b) Emergency ordinances and ordinances making, repealing, transferring, or otherwise changing appropriations, shall go into effect immediately upon passage unless they specify a later time. All other ordinances shall go into effect one (1) month after passage and publication unless they specify a later time. Section 3 -1. City Manager: Appointment, Term, Qualifications, Removal. (a) When the City is operating under the Council- Manager form of government, there shall be a City Manager. The Council shall appoint [HIM]the City Manager for an indefinite term by a vote of a majority of all its members. It shall choose [HIM]the Ci Manager on the basis of [HIS]the City Manager's executive and administrative qualifications. At the time of [HIS]the City Manager's appointment, [HE]the City Manager need not be a resident of the city or state; but, during [HIS]the Ci Manager's tenure of office, [HE]the City Manager shall reside within the City. (b) The Council may suspend or remove the City Manager at any time by an affirmative vote of five members. At least one month before removing the City manager, the Council shall give [HIM]the City Manager notice of the proposed removal New Test Underlined; [DELETED TEXT BRACKETED] Resolution No. 2013 -52 Page 5 of 12 and a written statement of the cause of removal, and before removal, shall give [HIM]the City Manager opportunity for a public hearing thereon. The Council may remove an Acting City Manager without notice. Section 3 -2. City Administrator: Powers and Duties. The city administrator (mayor or city manager, as the case may be) shall be chief administrative officer and head of the administrative branch of the city government. [HE]The City Administrator shall execute the laws and ordinances and administer the government of the City, and in case of a City Manager, shall be responsible therefor to the Council. [HE]The City Administrator 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 as this Charter provides otherwise, subject to such merit - system regulations as the Council may adopt; (2) Supervise and control, directly or indirectly, all administrative departments, agencies, officers, and employees whom [HE]the City Administrator appoints; (3) Prepare a budget (including estimated revenues and proposed expenditures) annual and submit it to the Council, be responsible for budget administration after appropriations are made, and recommend to the Council any changes in the estimates and appropriations which [HE] the City Administrator 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 such recommendations on matters of policy and other matters to the Council as may seem to [HIM]the City Administrator desirable; (6) Have such other powers, duties, and functions as this Charter may prescribe, and such powers, duties, and functions consistent with this Charter as the Council may prescribe. Section 3 -4. Department of Finance: Finance Director. There shall be a Finance Director who shall be an officer of the City appointed by the City Administrator for an indefinite term, and who shall be head of the Department of Finance. Except as Council by ordinance provides otherwise, the Finance Director shall collect or receive revenue and other money for the City, shall deposit the same with the City Treasurer or for the City Treasurer in an account or accounts maintained by the City Treasurer in a depository or depositories, and shall maintain a general accounting system for the city government. [HE]The Finance Director shall have such other powers, duties and functions as may be prescribed by the Charter, by applicable law, or by ordinance. (Amended by Proposition #1, October 5, 1976.) New Text Underlined; [DELETED TEXT BRACKETED] Resolution No. 2013 -52 Page 6 of 12 Section 3 -5. City Treasurer: Office Created, Duties. Within the Department of Finance, there shall be a City Treasurer; provided that the Finance Director shall be ex- officio City Treasurer except when the Council by ordinance provides that the City Administrator shall appoint a City Treasurer for an indefinite term. Subject to such regulation as the Council may prescribe, the City Treasurer shall deposit funds received for the City in such depositories as the Council may designate. [HE]The City Treasurer shall have such other powers, duties, and functions as may be prescribed by the Charter, by applicable law, or by ordinance. (Amended by Proposition 1, October 5, 1976.) Section 4 -2. Holding More Than One Office. Except as may be otherwise provided by this Charter or by ordinance, the same person may hold more than one office in the City government. The City Administrator may hold more than one such office, through self - appointment [BY HIMSELF], by the Council, or by other city authority having power to fill the particular office, subject to any regulations which the Council may make by ordinance; but [HE]the Ci Administrator may not receive compensation for service in other City offices and positions. Also the Council, by ordinance, may provide that the City Administrator shall hold, ex- officio, any designated administrative office or offices subordinate to the City Administrator, as well as other designated compatible City offices, notwithstanding any other provisions of this Charter. Section 4 -4. Oath or Affirmation of Office. Every officer of the City, before entering upon the duties of [HIS]their office, 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. Section 4 -6. Removal, etc. of Officers and Employees. The power to lay off, suspend, demote, and remove accompanies the power to appoint or elect; and the City Administrator, the Council, or other appointing or electing authority at any time may law off, suspend, demote, or remove any officer or employee to whom [HE]the City Administrator, the Council, or the other appointing or electing authority respectively may appoint or elect a successor. Section 4 -8. 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 [HIS]the officer's successor is elected or appointed and qualifies unless [HIS]the officer's services are sooner terminated by resignation, removal, disqualification, death, abolition of the office, or other legal manner. Section 5 -3. Assessment, Levy, and Collection of Property Taxes— Liens. New Text Underlined; [DELETED TEXT BRACKETED] Resolution No. 2013 -52 Page 7 of 12 (a) The Council by ordinance, shall provided for the annual assessment, levy, and collection of taxes on property. (b) The City shall have a first lien on all real property against which 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; provided, however, that no single home and lot lived in by the owner shall be taken by the City for unpaid taxes during the life of the owner - occupant if [HE]the owner - occunant is over the age of sixty-five years or is permanently and totally disabled, and is unable to pay the taxes. Section 5 -8. Personal Interest. (a) Neither the City Administrator nor any council[MAN]member shall sell or barter anything to the City, or make any contract with the City, or purchase anything from the City other than those things which the City offers generally to the public (as 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 the Council, by ordinance, may authorize such sales, contracts, or purchases involving a consideration of not more than $500 in value, to be made without such bids at prices or rates prevailing in the community and without favoritism or discrimination. (b) Any such officer violating this section, upon conviction thereof, shall thereby forfeit [HIS]the 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 Administrator or the Council. (c) This section shall not apply in cases in which the City acquires property from any such officer by condemnation. Section 5 -9. Claims for Injuries. The City shall not be liable in damages for injury to person or property by reason of negligence of the City unless, within four months after such injury occurs, the person damaged or [HIS]the Person's representative causes a written notice to be served upon an officer of the City upon whom process may be served. Such notice shall state that such person intends to hold the City liable for such damages and shall set forth substantially the time and place of the injury, the manner in which it occurred, the nature of the act or defect complained of, the extent of the injury so far as known, and the names and addresses of witnesses known to the claimant. (b) No person shall bring action against the City for damages to person or property arising out of any of the reasons or circumstances aforesaid unless such action is brought within the period prescribed by law or ordinance, nor unless [HE]the Person has first presented to the City Clerk a claim in writing, setting forth specifically the nature and extent of the injury and the amount of damages claimed. The City Clerk shall promptly present such claim to the Council for action. New Text Underlined; [DELETED TEXT BRACKETED] Resolution No. 2013 -52 Page 8 of 12 (c) Failure to give notice of injury or to present a claim within the time and in the manner herein provided, shall bar any action upon such claim. (d) This section shall not be deemed to waive any defense of immunity which the City may have from claims for damages arising out of negligence, but shall apply in all cases where such defense is not available to the City. Section 8 -1. How Granted. A franchise permitting the use of the streets, alleys, bridges, easements, and other public places of the City in the furnishing of a public - utility service to the City and its inhabitants may be granted to a person, extended, renewed, or amended only by a non - emergency ordinance passed by the Council, accepted as provided hereinbelow by the person to whom the franchise is granted, 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 the 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. Within two weeks after passage, the grantee must file with the City Clerk [HIS]the grantee's unconditional acceptance of all terms of the franchise, extension, renewal, or amendment; and if a special election is to be held for the purpose of voting thereon, must pay to the Department of Finance 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. Section 8 -3. 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 [HIS]the grantee's 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. Section 9 -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 [HIS]the right to be heard in court, pleads guilty, and pays fines and costs. The right of trial by jury shall not be abridged. Section 9 -3. Penalties. (a) The Council, by ordinance, shall have power to prescribe the punishment for violations of the Charter and ordinances of the City, but such punishment shall not l exceed a fine of three hundred dollars or imprisonment for more than thirty days, or such greater fine or longer imprisonment as may be authorized by law, or both such New Text Underlined; [DELETED TEXT BRACKETED] Resolution No. 2013 -52 Page 9 of 12 fine and imprisonment, and costs of prosecution. When a judgment directs that the defendant pay a fine and /or costs and [HE]the defendant fails to do so, [HE]the defendant shall be imprisoned until the fine and /or costs are satisfied at a rate per day to be determined by ordinance, which cannot exceed one day for every five dollars of the Fine and costs, except in cases where the Council by ordinance provides that unpaid fines and costs shall be satisfied in another manner. (b) Also the Council, by ordinance, may provide for the suspension or revocation by the Court of a permit or license issued by the City when the permittee or licensee is convicted of violating any provision of law or ordinance relating to the privilege, business, profession, trade, other vocation, or thing for which the permit or license was issued, as well as for suspension or revocation thereof otherwise. Section 10 -1. Annual Elections —Time. There shall be no primary election, but only a general election, herein also called general election, for the election of a Mayor and other council[MEN]members. Such election shall be held on the first Tuesday in October of each calendar year. (Amended Proposition 1, December 8, 1970.) Section 10 -2. Three -Year Terms — Election at Large— Nonpartisan Elections. (a) At the regular election in 1965, and at the regular election held every three years thereafter, a mayor shall be elected. At every regular election after this Charter goes into effect, two council[MEN]members shall be elected. (b) The Mayor and the other council[MEN]members shall be elected for overlapping terms of three years, and shall serve thereafter until their respective successors are elected and qualify; provided that, if only one council[MAN]member is elected and qualifies in any year (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 two council[MEN]members whose terms are about to expire shall continue to serve; and provided further that, if (because of a vacancy) there is only one council[MAN]member whose term is about to expire, [HE]the councilmember shall continue to serve in such case. (c) The terms of office of the mayor and other council[MEN]members shall begin at the time prescribed for the second regular Council Meeting after their election. If the mayor -elect or a council[MAN]member -elect fails to qualify within one month after the beginning of [HIS]the term, [HIS] election of the councilmember shall be void, and the Council shall fill the vacancy. (d) The mayor and other council[MEN]members 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 on the ballot. Section 10 -3. Filing. New Text Underlined; [DELETED TEXT BRACKETED] Resolution No. 2013 -52 Page 10 of 12 Any qualified person may have [HIS]their name placed on the ballot for the election as a candidate for mayor or council[MAN]member by filing, with the City Clerk at times and pursuant to procedures provided by ordinance, a sworn statement of [HIS]their candidacy; provided that such sworn statement shall be accompanied by a nominating petition signed by 20 or more registered qualified City voters. (Amended Proposition 2, October 2, 1984.) Section 10 -4. Voting —Who Elected. (a) Every qualified voter of the City shall be entitled to vote for one candidate for mayor and for two candidates for council[MAN]member. On the ballots between the title of the office and the names of the candidates, shall be placed the instruction "Vote for one" or "Vote for two," 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. (b) The candidate for mayor receiving the greatest number of votes shall be elected. The two candidates for council[MAN]member receiving the greatest number of votes shall be elected. In case of failure to elect because 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. Section 10 -5. Filling Vacancies at Elections, etc. When a mayor and /or council[MAN]member or council[MEN]members are being elected to fill a vacancy or vacancies for the unexpired term or terms, the provisions of this Charter shall apply as in the election of a mayor and /or council[MEN]members for regular terms, insofar as applicable. The phrases "for one -year term," "For two -year term," and /or "For three -year term," as the case may be, shall be placed after the titles of the offices on the ballot as necessary to identify the places on the Council being filled at such election. The instruction "Vote for one" or "Vote for two" shall be placed above the names of the candidates, depending on whether one or two are to be elected in the category. Section 10 -6. Qualified Voter Defined. Every qualified voter as defined in Article V of the Alaska Constitution, who resides within this City, shall be entitled to vote in any election and on any City question thereat; provided that such qualified voter must also possess any other qualifications which may be prescribed by or in accordance with law for voting on bond issues before [HE]the voter shall be entitled to vote on bond issues. Section 10 -7. Political Activity of Officers and Employees. (a) No officer or employee of the City except the mayor and other council[MEN]members and personnel who do not receive compensation for their services, may work for or against or attempt to influence the election or defeat of any candidate for mayor or council[MAN]member, or the recall of the mayor or any council[MAN]member; provided that this shall not prohibit the ordinary exercise of one's right to express [HIS]one's opinions and to vote. New Text Underlined; [DELETED TEXT BRACKETED] Resolution No. 2013 -52 Page 11 of 12 (b) 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, [HE[the person shall be automatically removed by the said conviction of violating this section, effective at the expiration of the period during which [HE]the person may appear or, in case of appeal, when the case is finally determined. Section 11 -2. Petitions. (a) An initiative petition or a referendum petition shall contain a copy of the ordinance initiated or sought to be referred. A copy of the petition shall be filed with the City Clerk before copies are circulated for signatures. The petition shall then be signed by a number of qualified voters of the City equal at least to twenty-five percent of the total votes cast at the immediately preceding regular City election. (b) An initiative petition with sufficient signatures must be filed within one month after the copy was originally filed as hereinabove provided. If the referendum petition with sufficient signatures is filed within one month after passage and publication of the ordinance sought to be referred, the ordinance sought to be referred shall not go into effect until the petition is finally found to be illegal and /or insufficient, or, in case the petition is found to be legal and sufficient, until the voters approve the ordinance as provided below in this article. Each copy of an initiative or a referendum petition filed must bear an affidavit signed by the qualified voter of the City who circulated the copy stating that each of the signers who signed the copy signed it in [HIS]the persons presence, that he/she believes that each has stated [HIS]their name and address correctly, and that he she believes each signer is a qualified voter of the City. (c) Within one month after the petition is filed, the City Clerk, with such assistance from the City Attorney as [HE]the City Clerk's deems necessary, shall ascertain whether the petition is legal and has sufficient signatures, and shall certify [HIS]the finding. [HIS]The City Clerk's finding shall be subject to judicial review. Section 11 -3. Ballot Title and Propositions— Submission. If an initiative or a referendum petition is found to be legal and to have sufficient signatures, the City Clerk, with such assistance from the City Attorney as [HE]the City Clerk deems necessary, shall prepare the ballot title and propositions for the ordinance. The City Clerk shall place the question on the ballot for the next regular or special City election held not less than two months after final determination of the legality and sufficiency of the petition. The Council by resolution or ordinance may call, or authorize the Mayor by proclamation to call, a special election for the purpose. If, in the case of an initiative petition, the Council, at least one month before the election, enacts an ordinance substantially the same as the one in the petition, the petition shall be void. Section 11 -4. Vote Required — Effect. New Text Underlined; [DELETED TEXT BRACKETED] Resolution No. 2013 -52 Page 12 of 12 (a) If a majority of the votes cast on the question favors the enactment of an initiated ordinance, it shall be enacted. 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. 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. (b) The Council may not, within two years after the election, repeal or amend an initiated ordinance which has been enacted, or re -enact an ordinance rejected by referendum, except by a vote of at least six council[MEN]members. Section 13 -2. Officers and Employees to Continue. The incumbents of the offices of mayor and council[MEN]members 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. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of July, 2013. PAT PORTER, MAYOR ATTEST: t� Sandra Modigh, City Jerk New Text Underlined; [DELETED TEXT BRACKETED]