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FY2016-05 Submitting to the Voters on October 6, 2015 the Question of Altering the Boundary of SA1 Introduced by: Borough Manager Requested by: Borough Manager Drafted by: Special Projects Staff 1 Introduced: 07/30/2015 2 Public Hearing: 08/06/2015 Postponed 08/06/2015 3 Indefintely: 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2016-05 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 9 BOROUGH SUBMITTING TO THE QUALIFIED VOTERS ON THE 'k 10 OCTOBER 6, 2015 BALLOT IN EACH AREA AFFECTED BY THE ° 11 ORDINANCE THE QUESTION OF ALTERING THE BOUNDARYwtn,OF 12 SERVICE AREA NO. 1 " µ 13 14 WHEREAS, KIBC 4.05.040 provides that the assembly shall initiate ail action to alter a 15 service area by introducing an ordinance effecting the proposed" qtok- and 17 WHEREAS, KIBC 4.05.060 provides that an ordinanc ►al etng�a service area shall not 18 be effective unless approved by a majority of the quali voters voting on the question in 19 each area affected by the ordinance; and �u� „ 20 21 WHEREAS, the State of Alaska has allocate $33 million dollars and is working to 22 obtain federal monies to improve OtmeloRK y � wl(h grading, drainage, sidewalks and 23 paving, along with realignment and lighting a needed; and 24 ep"AU12% 25 WHEREAS, when improvement ar complete, the ownership and maintenance 26 responsibilities of Otmeloi Way*i'] a'�er to the Kodiak Island Borough; and 27 �0r 28 WHEREAS, Otmeloi mVEA MISUNa, state owned roadway that lies mostly within the 29 boundaries of Road Sservil ;jrea No. 1. It is proposed that Lots 6 and 7A of Block 5 and 30 Lots 1, 2, and 3,fl- Monashka Bay Subdivision be included in the boundaries of 31 Service Area N0.,, 1'�and � f 33 WHEREAS I� �s`'equitable that all properties fronting Otmeloi Way be added to the 34 Service;a' a. . 1 and contribute to its maintenance via a real property tax; and 35 ,, 1 36 WHE the Kodiak Island Borough does not have road powers as a second class 37 borouh (AS 29.35.210); and 38 39 WHEREAS, service areas within the Kodiak Island Borough have been created with the 40 optional power of road maintenance and construction (KIBC Title 4); and 41 42 WHEREAS, Service Area No. 1 was created with the power of road construction and 43 maintenance (KIBC 4.70.010); and 44 Kodiak Island Borough, Alaska Ordinance No. FY2016-05 Page 1 of 2 45 WHEREAS, property parcels benefitting from service areas are all taxed to finance 46 services within the service area; and 47 48 WHEREAS, Tract B Miller Point Alaska Subdivision is owned by the Kodiak Island 49 Borough and is contiguous to those properties fronting Otmeloi Way and may be accessed 50 via Otmeloi Way if developed; and 51 52 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 53 BOROUGH that: 54 55 Section 1: Election. Upon adoption of this' ordinance, the following 11 s. ion will 56 be presented to the qualified voters in each area affecte ),thp dinance 57 at the October 6, 2015 Election. �u IIIU�I@ rr0 58 59 BALLOT PROPOSITION NO. 1 v���mu�n�ar v 60 ,�k 61 Shall the boundary of Service Area No m•be al by the addition of 62 Lot 6 and Lot 7A of Block 5, and mtt of 2 and Lot 3 of Block 6 63 Monashka Bay Subdivision a�hd, � raa B Miller Point Alaska , l aoyl 64 Subdivision? � ���i/'' Q es �. razwo arr Uo vmb 65 Section 2: Qualifications. A pe orp�yvhos a qualified voter in each area affected by �P� 66 this ordinance m y, ��votoon the proposition. 68 Section 3: Effective date �� rr1inance shall became effective upon passage of the 1xnat 69 propositio o `alter' the boundaries of Service Area No. 1 by the qualified 0.70 voters 'and up:0,14certification of the October 6, 2015 election. 71 72 ADOF?TED BaY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 73 THIS SIXTH DAY OF AUGUST, 2015 74 75 �' "�`�� KODIAK ISLAND BOROUGH 76 ,,k 77 , ,,, 78 ' 79 Jerrol Friend, Borough Mayor 80 81 ATTEST: 82 83 84 85 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2016-05 Page 2 of 2