THE CHARTER OF THE
CITY OF VALDEZ

PREAMBLE

WE, the People of the City of Valdez, of the State of Alaska, grateful to God for the freedoms we enjoy, deeply conscious of the responsibilities and self-discipline they entail, and desirous of continuing the privilege of self-government under the Home Rule provisions of the Constitution of the State of Alaska, do ordain and establish this Home Rule Charter for the City of Valdez.

Chapter I.
GENERAL PROVISIONS

Section 1.1. Continuation of Existing Corporation. The City of Valdez shall continue as a municipal corporation under the name: “The city of Valdez.”

Section 1.2. Form of Government. The government of the city shall be that commonly known and designated as the council-manager form.

Section 1.3. Boundaries. The boundaries of the city shall be the boundaries as established and on file in the records of the clerk at the time this Charter becomes effective or as such boundaries may be changed thereafter in the manner authorized by law.

Section 1.4. Powers of the City. 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 necessary or convenient for the conduct of its municipal affairs, including all powers that cities may assume pursuant to the provisions of the state constitution.

Section 1.5. Powers of the City. The city may exercise all powers not prohibited by law or by this Charter.

Section 1.6. Definitions and Construction. 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 “commissioner.”

(b)    “Capital improvement” means a public improvement of a permanent nature.

(c)    “City” means the City of Valdez.

(d)    “Code” means the Code of Ordinances of the City of Valdez, including all amendments and additions.

(e)    “Council” means the city council of the City of Valdez.

(f)    “Elector” means a qualified elector, as defined in article V of the Alaska Constitution, who is registered as required by the Code.

(g)    “By law” as used in this Charter denotes applicable federal law, the Constitution and statutes of Alaska, the applicable common law, this Charter and the code of ordinances of the City of Valdez.

(h)    “Local improvement” means public improvement specially beneficial to the property affected, and the abatement of such unsafe, unsightly, unhealthful or unsanitary conditions as the council shall determine to be a public nuisance.

(i)    “Person” extends and applies to bodies politic and corporate, and to partnerships and associations as well as to individuals.

(j)    “Public improvement” means improvements to or in connection with the streets, sidewalks, parks, playgrounds, buildings, sewer systems, water system, harbor facilities, and any other real property or appurtenances thereof of the city used by the public.

(k)    “Public utility” includes all common carriers in the public streets, water, sewage disposal, electric light, central heating, gas, electric power, telephone systems, garbage collections, garbage disposal and reduction plants, docks, and such other and different enterprises as the law or the council may determine to be or designate as public utilities.

(l)    “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, publishing at least once in one or more newspapers of the city qualified by law for the publication of legal notices and posting on the official city bulletin board designated as such by the city council.

(m)    “Sign” or “signature” includes the facsimile of a signature when authorized by the council.

(n)    All words indicating the present tense are not limited to the time of the adoption of this Charter, but may be extended to and include the time an event or requirement occurs to which any provision is applied.

(o)    The singular includes the plural, the plural includes the singular, and the masculine gender extends to and includes the feminine gender and the neuter.

(p)    “Shall” is mandatory, “may” is permissive.

(q)    “Emergency” means a situation in which exists a necessity to preserve public peace, health or safety. (10-3-95)

Section 1.7. Records to be Public. Any 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 inspection, copying or reproduction at reasonable times. Such records, or copies duly certified by the clerk, shall be prima facie evidence of their contents.

Section 1.8. Quorum. 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.

Section 1.9. Sundays and Holidays. Except as otherwise provided in this Charter whenever the date fixed by law or ordinances 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 next succeeding business day.

Section 1.10. Penalties for Violations. Violations of this Charter, the Code, or any ordinance of the city shall be set by ordinance. (10-7-80)

Section 1.11. Repealed by May 2, 1989, election.

Section 1.12. Chapter and Section Headings. The chapter and section headings used in this Charter shall not be considered a part of the Charter for the purpose of judicial construction or otherwise.

Section 1.13. Severability of Charter Provisions. 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.