FY2017-04 Submitting To The Qualified Voters The Question Of Establishing The Otmeloi Neighborhood Streetlight Service Area To Provide Operation And Maintenance Of Streetlights Along Otmeloi Way And A Portion Of Mallard Way1
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SUBSTITUTED VERSION
VERSION 3
Introduced by:
Borough Manager
Requested by:
Borough Manager
Drafted by:
Special Projects Staff
Introduced:
07/21/2016
Amended:
08/04/2016
Public Hearing:
08/04/2016
Postponed:
08/11/2016
Failed:
08/11/2016
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2017-04
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH SUBMITTING TO THE QUALIFIED VOTERS THE
QUESTION OF ESTABLISHING THE OTMELOI WAY
NEIGHBORHOOD STREETLIGHT SERVICE AREA TO PROVIDE
OPERATION AND MAINTENANCE OF STREETLIGHTS ALONG
OTMELOI WAY AND A PORTION OF MALLARD WAY
WHEREAS, KIBC 4.05.040 provides that the assembly shall initiate any action to
establish a service area by introducing an ordinance effecting the proposed action; and
WHEREAS, KIBC 4.10.010 provides that an ordinance for providing a service within a
service area shall not be effective unless approved by a majority of the qualified voters
voting on the question in each area affected by the ordinance; and
WHEREAS, the State of Alaska has allocated $3.3 million dollars and is working to
obtain federal monies to improve Otmeloi Way and a portion of Mallard Way with
grading, drainage, sidewalks and paving, along with realignment and lighting as needed;
and
WHEREAS, when improvements are complete, the ownership and maintenance
responsibilities of Otmeloi Way, and related infrastructure, and streetliahting will transfer
to the Kodiak Island Borough; and
WHEREAS, the Kodiak Island Borough does not have streetlighting powers or other
means of paying for operation and maintenance of streetlights; and
WHEREAS, a streetlight service area would allow for ongoing operation and
maintenance of streetlights in the interest of public safety and neighborhood convenience
when streetlights are installed;
WHEREAS, this ordinance would be in effect only if Proposition No. 1 altering the
boundaries of Service Area No. 1 is approved by the voters as improvements to Otmeloi
Way will not be constructed if the boundary change is not approved.
Kodiak Island Borough, Alaska Ordinance No. FY2017-04
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44 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
45 BOROUGH that:
46
47 Section 1: Election. Upon adoption of this ordinance, the following ballot question will
48 be presented to the qualified voters in each area affected by the ordinance
49 at the October 4, 2016 Election.
50
51 BALLOT PROPOSITION NO.2
52
53 If Ballot Proposition No 1 (to expand the boundaries of Service Area
54 No 1 to include all properties fronting Otmeloi Way) passes with a
55 positive vote, shall the Kodiak Island Borough exercise the powers
56 necessary to provide operation and maintenance of streetlights along
57 Otmeloi Way and a portion of Mallard Wav as indicated on the
58 attached map?
59
Q Yes
Q No
60 Section 2: Qualifications. A person who is a qualified voter in each area affected by
61 this ordinance may to vote on the proposition.
62
63 Section 3: Title 4 of the Kodiak Island Borough Code of Ordinances is amended by
64 adding Chapter 4.150 as follows:
65
66 Chapter 4.150
67
68 OTMELOI WAY NEIGHBORHOOD STREETLIGHT SERVICE AREA
69 Sections:
70 4.150.010 Creation and powers.
71 4.150.020 Board
72
73 4.150.010 Creation and powers. The Otmeloi Way Neighborhood streetlight
74 service area is established pursuant to Ordinance No. FY2017-04 and
75 encompasses the area as indicated on the map attached to that ordinance. The
76 Otmeloi Way Neighborhood streetlight service area shall provide operation and
77 maintenance of streetlights on Otmeloi Way and a portion of Mallard Wav within
78 its boundaries.
79
80 4.150.020 Board. The Otmeloi Way Neighborhood streetlight service area board
81 shall consist of three (3) members appointed by the assembly.
82
Kodiak Island Borough, Alaska Ordinance No. FY2017-04
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Section 4: Effective date. Section 1 of shall become effective upon passage of the
proposition to establish the Otmeloi Way Neighborhood Streetlight service
area by the qualified voters and upon certification of the October 4, 2016
election. Section 4 shall become effective on the first day of the fiscal year
following certification of the election, if a morjority of those qualified voters
cast their ballats in favor of establishing the Otmeloi Way Neighborhood
streetlight service area.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS DAY OF 2016
ATTEST:
Nova M. Javier, MMC, Borough Clerk
Kodiak Island Borough, Alaska
KODIAK ISLAND BOROUGH
Jerrol Friend, Borough Mayor
Ordinance No. FY2017-04
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