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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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 1)? 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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 Page 1 of 3 Version 1 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 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 Page 2 of 3 Version 1 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 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 Page 3 of 3 Version 1