FY2007-04 - Spruce Cape Streetlights Service AreaKODIAK ISLAND BOROUGH
ORDINANCE NO. FY2007 -04
Introduced by: Manager Gifford
Requested by: Assembly
Drafted by: Borough Clerk
Introduced: August 3, 2006
Public Heating: August 17, 2006
Adopted: August 17, 2006
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
SUBMITTING TO THE QUALIFIED VOTERS THE QUESTION OF ESTABLISHING THE
SPRUCE CAPE STREETLIGHTS SERVICE AREA TO PROVIDE CONSTRUCTION,
OPERATION, AND MAINTENANCE OF STREETLIGHTS
IN THE SPRUCE CAPE SUBDIVISION AS REFLECTED ON THE ATTACHED MAP
WHEREAS, on March 28, 2006, Ms. Mary Bonn submitted to the clerk's office a petition for the
formation of the Spruce Cape Streetlight Service area; and
WHEREAS, the petition contained the signatures of persons who own over fifty percent (50 %) of
the real property within the boundaries proposed to be established; and
WHEREAS, the petition was insufficient in that KIBC 4.050.030A required that all signatures on
the petition dated within (60) days of the submission of the petition; and
WHEREAS, Ms. Bonn requested that the Kodiak Island Borough Assembly initiate the action per
KIBC 4.05.020 instead of circulating another petition; and
WHEREAS, a streetlight service area would allow for construction, ongoing maintenance, and
operatlldn of streetlights in the interest of public safety and neighborhood convenience; and
WHEREAS, Kodiak Island Borough Code of Ordinances (KIBC) 4.05.040 provides that the
assembly shall initiate any action to alter a service area by introducing an ordinance effecting the
proposed action; and
WHEREAS, KIBC 4.05.050 provides that the assembly shall consider the need for services
within the area, and the feasibility of providing them, considering the area's size, population, and
the facilities and services already existing; the assessed or estimated value of all taxable property
within the area; the characteristics of the area indicating its cohesiveness as a community; and the
area's ability to pay for the proposed service; and
WHEREAS, KIBC 4.05.060 provides that an ordinance establishing 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 6 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, the following ballot question will be
presented to the qualified voters in the area affected as shown on the map attached
hereto, to place before the registered voters residing within said proposed service
area the following question:
Kodiak Island Borough, Alaska Ordinance No. FY2007-04
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Section 3:
Section 4: Election Date. The election date shall be the October 3, 2006 general election.
Section 5:
"Shall the Kodiak Island Borough exercise the powers necessary to provide
construction, operation, and maintenance of streetlights in the Spruce Cape
Subdivision within the area indicated on the attached map?
O YES
O NO
The map attached to this ordinance shall accompany the ballot.
Qualifications. A person is qualified to receive an election pamphlet and ballot if
their voter registration address is within the proposed service area indicated on
the attached map.
Notice. Notice of the 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: Title 4 of the Kodiak Island Borough Code of Ordinances is amended by adding
Chapter 4.150 as follows:
Sections:
SPRUCE CAPE STREET LIGHTS SERVICE AREA
4.150.010 Creation and powers.
4.150.020 Board.
Chapter 4.150
4.130.010 Creation and powers. The Spruce Cape streetlights service area is established
pursuant to Ordinance No. FY2007 -04 and encompasses the area as indicated on the map
attached to that ordinance. The Spruce Cape streetlight service area shall provide
construction, operation, and maintenance of streetlights on public streets within its boundaries.
4.130.020 Board. The Spruce Cape Streetlights service area board shall consist of three (3)
members appointed by the assembly.
Section 7:
ATTEST:
Nova M. Javier, CM
Kodiak Island Borough, Alaska
Effective Date. Sections 1 and 5 shall become effective at midnight on the day of
adoption of this ordinance. Section 7 shall become effective on the first day of the
fiscal year following certification of the election, if a majority of those qualified
voters cast their ballots in favor of establishing the Spruce Cape Streetlights
service area.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS SEVENTEENTH DAY OF AUGUST 2006
Borough Clerk
KODIAK ISLAND BOROUGH
e M. Se by, Boroug ! a or
Ordinance No. FY2007-04
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Kodiak Island Borough, Alaska
Ordinance No. FY2007;04
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