2002-18 Calling for Special By-Mail Election - Trinity Island SubdivisionKODIAK ISLAND BOROUGH
ORDINANCE NO. 2002 -18
Introduced by: Manager Carlson
Requested by: Manager Carlson
Drafted by: Borough Clerk
Introduced: 12/12/2002
Public Hearing: 12/19/2002
Adopted: 12/19/2002
AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY
CALLING FOR A SPECIAL BY -MAIL ELECTION TO SUBMIT TO THE QUALIFIED VOTERS THE
QUESTION OF ESTABLISHING THE TRINITY ISLAND STREETLIGHT SERVICE AREA TO
PROVIDE CONSTRUCTION, OPERATION, AND MAINTENANCE OF
STREETLIGHTS IN THE TRINITY ISLAND SUBDIVISION
WHEREAS, a petition submitted to the clerk's office for establishment of the Trinity Islands
streetlight service area has been determined to be in conformity with Kodiak Island Borough Code
having sufficient signatures and pertinent information of persons who own thirty percent (30 %)
of the real property within the boundaries proposed to be established; and
WHEREAS, a streetlight service area would allow for construction, ongoing maintenance, and
operation of streetlights in the interest of public safety and neighborhood convenience; and
WHEREAS, Kodiak Island Borough Code of Ordinances (KIBC) chapter 4.05.030 provides for
the formation of service areas by petition; 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:
Section 2:
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.
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 exercise the powers necessary to provide
construction, operation, and maintenance of streetlights in the Trinity Island
Subdivision within the area indicated on the attached map?
YES ❑
NO ❑
The map attached to this ordinance shall accompany the ballot.
Kodiak Island Borough, Alaska Ordinance No. 2002 -18
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Section 3:
Section 6:
ATTEST:
Sections:
Kodiak Island Borough, Alaska
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.
Section 4: Election Date. The election date specified in Kodiak Island Borough Code of
Ordinances section 7.70.020 shall be March 4, 2003.
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.
Mailing of Ballots. the clerk shall mail ballots and pamphlets to the qualified
voters as specified in Kodiak Island Borough Code of Ordinances section
7.70.010c on or before the 22nd day before the election.
Section 7: Title 4 of the Kodiak Island Borough Code of Ordinances is amended by adding
Chapter 4.140 as follows:
Chapter 4.140
TRINITY ISLANDS STREETLIGHT SERVICE AREA
4.140.010 Creation and powers.
4.140.020 Board.
4.130.010 Creation and powers. The Trinity Islands streetlight service area is
established pursuant to Ordinance No. 2002 -18 and encompasses the area as indicated
on the map attached to that ordinance. The Trinity Islands streetlight service area shall
provide construction, operation, and maintenance of streetlights on public streets within
its boundaries.
4.130.020 Board. The Trinity Islands service area board shall consist of three (3)
members appointed by the assembly.
Section 8: Effective Date. Sections 1 and 2 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 special by -mail election, if a
majority of those qualified voters cast their ballots in favor of establishing the
Trinity Islands streetlight service area.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS NINETEENTH DAY OF DECEMBER 2002
Judith A. Nielsen] CMC, Borough Clerk
KODIAK ISLAND BOROUGH
Gabrielle LeDoux, Borough Mayor
Ordinance No. 2002 -18
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Kodiak Island Borough, Alaska
Ordinance No. 2002 -18
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