FY2019-12 Calling For A Special By-Mail Election To Submit To The Qualified Voters The Quesion Of Abolishing The Mission Lake Tidegate Service Area.1
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OPTION 2 Introduced by: Manager Powers
Drafted by: Special Projects
Introduced on: 12/20/2018
Public Hearing Date: 01/03/2019
Failed on:01/03/2019
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2019-12
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH CALLING FOR
A SPECIAL BY -MAIL ELECTION TO SUBMIT TO THE QUALIFIED VOTERS THE QUESTION
OF ABOLISHING THE MISSION LAKE TIDEGATE SERVICE AREA
WHEREAS, Ordinance 2002-02 established the Mission Lake Tidegate Service Area to provide
construction, operation and maintenance of the Mission Lake tidegate; and
WHEREAS, a special by -mail election was held on May 13, 2002 and the establishment of the
Mission Lake Tidegate Service Area was submitted to the voters; and
WHEREAS, on October 31, 2018, a petition to abolish the Mission Lake Tidegate Service Area
was submitted to the Clerk's office and it was found to be inconformity with Kodiak Island Borough
Code of Ordinances (KIBC) 4.05.020 and KIBC 4.05.030(A); and
WHEREAS, the Mission Lake tidegate is located on an easement across property owned by
the Spruce Haven Lot Owner's Association, and is owned by the Mission Lake Tidegate Service
Area; and
WHEREAS, the Mission Lake tidegate easement is accessible from Spruce Haven Lane, a
private road, but is not readily accessible from a public roadway; and
WHEREAS, the Kodiak Island Borough lacks authority to accept ownership and maintenance
of the Mission Lake tidegate except by adoption of a new power or a determination that it is in the
public interest to do so as the exercise of an existing power; and
WHEREAS, the voters of the Kodiak Island Borough adopted non-areawide Recreational
Facilities powers approving the proposition placed before the voters by Resolution 76-45-R; and
WHEREAS, the Assembly finds that the general public frequently makes recreational use of
Mission Lake, and therefore finds that acquisition of the Mission Lake tidegate and maintenance
of that tidegate is an appropriate exercise of its non-areawide Recreational Facilities powers; and
WHEREAS, the Assembly finds that it is in the public interest for the Borough to accept the
Mission Lake tidegate on the following conditions: 1) that acceptance of the tidegate is conditioned
on the Borough receiving legal road access to the tidegate and an easement for tidegate
construction, reconstruction, repair and maintenance; 2) the Borough is not obligated to continue
maintenance of the tidegate, and future maintenance repair or reconstruction will be at the
Kodiak Island Borough, Alaska
Deletion — Red, Strikeout
Insertion — Bold, Blue, Underlined
Ordinance No. FY2019-12
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discretion of the Assembly in the exercise of Borough Recreational Facilities powers; and 3) if the
Borough accepts ownership of the tidegate, the remaining fund balance in the Service Area will
be transferred to the non-areawide fund for repair and replacement of the tidegate as needed;
and
WHEREAS, KIBC 4.05.050 provides that the assembly shall initiate any action to alter a service
area by introducing an ordinance effecting the proposed actions; and
WHEREAS, KIBC 4.05.060 provides that an ordinance abolishing 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.
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Section 1: Classification. Section 8 of this ordinance is of a general and permanent nature
and shall become a part of the Code of Ordinances of the Kodiak Island Borough.
The remainder shall not be codified.
Section 2: Election. Upon the adoption of this ordinance, a special by -mail election shall be
held within the area shown on the map attached hereto, to place before the
registered voters residing within said proposed service area the following question:
"Shall the Kodiak Island Borough abolish the Mission Lake Service Area as
provided in Ordinance FY2019-12?"
YES ❑
NO ❑
Section 3: Qualifications. A person is qualified to receive an election pamphlet and ballot if
their voter registration address is within the Mission Lake Service Area indicated
on the attached map.
Section 4: Election Date. The election date specified in Kodiak Island Borough Code of
Ordinances section 7.70.020 shall be April 2, 2019.
Section 5: Notice. Notice of the special election shall be published not less than twenty days
prior to the election in the form and manner specified in the Kodiak Island Borough
Code of Ordinances section 7.10.060.
Section 6: Mailing of Ballots. The clerk shall mail ballots and pamphlets to the qualified voters
as specified in KIBC 7.70.010c on or before the 22 n day before the election.
Section 7: Abolishment of Service area. The Mission Lake Tidegate Service Area shall be
abolished and all Service Area assets, including the tidegate, the easement for
construction, reconstruction, repair and maintenance of the tidegate, any Service
Kodiak Island Borough, Alaska
Deletion — Red, Strikeout
Insertion — Bold, Blue, Underlined
Ordinance No. FY2019-12
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Area fund balance, and legal road access to the tidegate, shall be transferred to
the Kodiak Island Borough as assets associated with exercise of its non-areawide
Recreational Facilities powers; and
Section 8: Title 4 of the Kodiak Island Borough Code of Ordinances is amended by deleting
Chapter 4.130.
Section 9: Effective Date. Sections 1 through 6 shall become effective at midnight on the day
of adoption of this ordinance. Sections 7 and 8 shall become effective on the first
day of the fiscal year following the last to occur of 1) certification of the special by -
mail election, if a majority of those qualified voters cast their ballots in favor of
abolishing the Mission Lake Tidegate Service Area, and 2) execution of
documents, in a form acceptable to the Borough Manager, conveying easements
or other rights of access to the Kodiak Island Borough to construct, reconstruct,
repair and maintain the Mission Lake tidegate.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS DAY OF 2019.
KODIAK ISLAND BOROUGH
Daniel A. Rohrer, Mayor
VOTES:
Ayes:
Noes:
Kodiak Island Borough, Alaska
Deletion — Red, Strikeout
Insertion — Bold, Blue, Underlined
ATTEST:
Nova M. Javier, MMC, Clerk
Ordinance No. FY2019-12
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