FY2008-05 Amending The KIB Code Of Ordinances To Modify Chapters 4.50, 4.80, And 4.120 To Permit The Delivery Of The First Responder Emergency Medical Services Within Those Fire Protection Area.KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2008 -05
Introduced by: Manager Gifford
Requested by: Assembly
Drafted by: Borough Attorney
Introduced: 08/02/2007
Public Hearing: 08/16/2007
Adopted: 08/16/2007
AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY
AMENDING THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES
TITLE 4 SERVICE AREAS TO MODIFY CHAPTERS 4.50, 4.80 AND 4.120 TO
PERMIT THE DELIVERY OF FIRST RESPONDER EMERGENCY MEDICAL SERVICES
WITHIN THOSE FIRE PROTECTION AREAS
WHEREAS, Kodiak Island Borough Code sections 4.05.010 and 4.05.040 authorize the
modification of service areas by the assembly, subject to an election of the qualified voters in
each area affected by the ordinance, under sections 4.05.060, and Chapter 4.190; and
WHEREAS, the Assembly wishes to re- establish the delivery of first responder emergency
medical services in the Borough's three Fire Protection Service Areas, (Women's Bay Service
Area, as provided in Chapter 4.50; Fire Protection Area No. 1, as provided in Ch. 4.80; and
Airport Fire Protection Service Area, as provided in Ch. 4.120); and
WHEREAS, pursuant to section 4.05.050, the Assembly makes the following findings:
A. The previous practice of providing first responder emergency medical services in the three
Borough Fire Protection Service Districts demonstrated the need for the services in each of the
three areas; that it was feasible for fire department staff, properly trained in Emergency Medical
Services, to deliver first responder emergency medical services; and that considering each
area's size, population and the facilities and services available, and that the Borough can deliver
such services; and
B. Prior practices have demonstrated that each area has the ability to pay for the services
given the value of the property in each area;
C. There have been requests from residents and property owners in each of the Women's Bay
Service Area, and Fire Protection Area No. 1 to re- establish first responder emergency medical
services in each of those two areas, and from business owners in the Airport Fire Protection
Service Area;
WHEREAS, the Assembly wishes to make these changes to the services which can be
delivered within the Fire Protection Service Areas at the earliest opportunity consistent with the
necessary elections; and
WHEREAS, there are no registered voters residing within the Airport Fire Protection Service
Area;
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH that:
Section 1:
Subject to section 4.05.060 of the Kodiak Island Borough Code, this ordinance is
of a general and permanent nature and shall become a part of the Kodiak Island
Borough Code of Ordinances.
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Section 2: Title 4 of the Kodiak Island Borough Code of Ordinances is amended by
modifying Chapters 4.50, 4.80 and 4.120 as follows:
4.50.010 Creation and Powers
4.80.010 Creation and Powers
4.120.010 Creation and Powers
4.50.010 Creation and Powers. The Womens Bay Service Area established pursuant to
Ordinance No. 75 -26 -0 encompasses the area described in that ordinance. Road construction
and maintenance powers and firo protoction shall be provided in the Womens Bay Service Area
along with fire protection and first responder emergency medical services, at levels established
by the assembly through fiscal appropriations.
4.80.010 Creation and Powers. Fire Protection Area No. 1 established pursuant to
Ordinance 68 -23 -0 and encompasses the area described in that ordinance. Fire protection and
first responder emergency medical services at levels established by the assembly through fiscal
appropriations, shall be provided in Fire Protection Area No. 1.
4.120.010 Creation and Powers. The Airport Fire Protection Service Area established
pursuant to Ordinance 97 -03 -0 and encompasses the area described in that ordinance. Fire
protection and first responder emergency medical services, at levels established by the
Assembly through fiscal appropriations, shall be provided in the Airport Fire Protection Service
Area.
Section 3: The following questions shall be submitted to the qualified voters residing in each
of the Womens Bay Service Area and Fire Protection Area No. 1.
A. For The Womens Bay Service Area: "Shall KIBC 4.50.010 be amended to authorize the
provision of first responder emergency medical services as well as fire protection services in the
Womens Bay Service Area, with the cost to be borne by residents of the area ?"
B. For Fire Protection Area No. 1: "Shall KIBC 4.80.010 be amended to authorize the provision
of first responder emergency medical services as well as fire protection services in Fire
Protection Area No. 1, with the cost to be borne by residents of the area ?"
Section 4: The questions in Section 3, above, shall be presented to the voters at the next
regular election on Tuesday, October 2, 2007.
Section 5: Because there are no registered voters in the Airport Fire Protection Service
Area, the assembly finds that it is impossible to have a vote pursuant to Ch. 4.10,
and waives that requirement.
Section 6: Pursuant to Section 4.10.040, the provision of services in the service areas shall
be as follows:
A. For Womens Bay Service Area, assuming the election is certified pursuant to KIBC
7.40.020, one week thereafter.
B. For Fire Protection Area No. 1, assuming the election is certified pursuant to KIBC 7.40.020,
one week thereafter.
C. For the Airport Fire Protection Service Area, one week after the passage of this ordinance.
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Section 7: Services and Management:
A. Subject to approval in the election pertaining to it, the Womens Bay Service Area is hereby
modified to provide first responder emergency medical services including administration thereof,
and permitting the collection of the costs for the service within its areas. The delivery of first
responder emergency medical services within the Service Area shall be managed and operated
by the Kodiak Island Borough in the same manner as other Borough functions.
B. Subject to approval in the election pertaining to it, Fire Protection Area No. 1 is hereby
modified to provide first responder emergency medical services including administration thereof,
and permitting the collection of the costs for the service within its areas. The delivery of first
responder emergency medical services within the Service Area shall be managed and operated
by the Kodiak Island Borough in the same manner as other Borough functions.
C. The Airport Fire Protection Service Area is hereby modified to provide first responder
emergency medical services including administration thereof, and permitting the collection of the
costs for the service within its areas. The delivery of first responder emergency medical services
within the Service Area shall be managed and operated by the Kodiak Island Borough in the
same manner as other Borough functions.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS SIXTEENTH DAY OF AUGUST, 2007
ATTEST:
7k 7l
Nova M. Javier, CMC, Borough Clerk
KODIAK ISLAND BOROUGH
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