FY2022-03 Establishing A Parks And Recreation Service Area Including The Road Accessible - FAILED9
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Introduced by: Assembly Member Dvorak thru the Mayor
Drafted by: Borough Attorney
Introduced on: 06/17/2021
Public Hearing Date: 07/01/2021
Failed on: 07/01/2021
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2022-03
AN ORDINANCE INITIATING A BALLOT MEASURE FOR THE OCTOBER 5, 2021 REGULAR
MUNICIPAL ELECTION, ESTABLISHING A PARKS AND RECREATION SERVICE AREA
INCLUDING THE ROAD ACCESSIBLE AREAS OF THE BC
OF KODIAK TO PROVIDE FOR NON-AREAWIDE PAR
CONSTRUCTION MAINTENANCE AND OPERATION.
WHEREAS, the Kodiak Island Borough,
Statutes, adopted Non-Areawide Parks & R
WHEREAS, the Kodiak Island Borough also
1982 in order to; A. Identify existing and future rec
recreation; B. Evaluate existing and future recreatic
plans including a capital improvern9pt program for
recommend revisions as necessar l -the adopted
and,
WHEREAS, the current parks i
year sunset provisions in KIBC
Planning Commissio ut the I
services board to prdJ&NJJNfiLmi
parks and recreation Wom
advice regarding levy taxes
)E OF THE CITY
\iJb,N FACILITY
Alaska
Mrks & Recflli#15n Committee in
mds including indoor and outdoor
C. Gerldhetb priorities and action
I re& �n; and, D. Review and
VASPI'parks and recreation plan;
:aTI11 ommitte committee subject to regular three
80ps planning recommendations to the
n:I'I'rl
rrentlyhas noparksand recreation
thyunder the Borough'snon-areawide
a arks and recreationactivitiesorfaciities,and
torate funds for any budgeted local parks and
WHE the Kodiak Ilffd Borough has used its existing non-areawide parks and recreation
auth under T' 9, Ala Statutes, to obtain grants, hold state land leases, and enter into
collab ' 've a ents wit a Borough School District and City of Kodiak to maintain local
° _y �
neighboQod r s and ballfie used by persons residing both inside and outside of the City of
Kodiak, bJt'z�,hk not levied taxes on a non-areawide basis to support providing parks and
recreation fattys or services or otherwise engaged in the construction, maintenance or
operation of non`aWwide parks and recreational facilities; and,
WHEREAS, the Assembly finds that the levying of taxes to support construction, maintenance
and operation of parks and recreation facilities or services funded by local Borough tax levies is
a level of parks and recreational services which is higher than that generally provided on a non-
areawide basis, and, consistent with AS 29.35.450(a), it is therefore appropriate for exercise
within a service area comprised of that part of the non-areawide portion of the Borough which is
accessible by the centralized road system; and
WHEREAS, if residents in the area proposed for service area formation, those residing on the
Kodiak Island Borough 'Road System", desire to fully exercise parks & recreation authority
involving the expenditure of local revenue, the voters must consider whether that service is worth
Kodiak Island Borough, Alaska Ordinance No. FY2022-03
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establishing a Parks & Recreation Service Area, and small tax increment in the same manner as,
road, fire, and lighting district services are administered; and,
WHEREAS, KIBC Section 4.05.040 authorizes the Assembly to initiate establishment of a
service area by ordinance which is ratified by the requisite number of voters. KIBC Section
4.05.050 lists issues upon which the Assembly must make findings in connection with
establishment of a service area; and,
WHEREAS, the Assembly finds that there is a need for parks and recreation facilities and
services within the road accessible portion of the Borough outside of the City of Kodiak using
locally generated funds where needed, and that it is feasible to provid se services through a
service area considering the size, population, and the facilities and N dy existing within
the proposed service area; and
WHEREAS, the Assembly finds that the adoption of a
higher level of service which includes construction nr)
recreation facilities or services funded by local Borq!!A!
current exercise of borough non-areawide parks c
the existing cooperative agreements for exercis on-;
without the use of local tax revenues: and
WHEREAS, the Assembly finds that the estima
boundaries of the area proposed for inclusion in
approximately $ , wh(§6 s sufficient
contemplated parks and recreational darvices; and
WHEREAS, the Assembly fir
demonstrate a cohesiveness in
recreation se area for a
d operation .fgparks and
jch is se from the
v ould ,n ,, R'erfere with
arksar c ional powers
ed vFf
of property within the
andeation service area is
ropertyto pay for the
accessibl"- reas outside of the City of Kodiak
q,recr,606nal opportunities; and
WHEREAS, if the tion set ouNremunicipal
o'rdt) nce is approved by majority vote of the
applicable voters at th 5 2021 election, the Borough establish a parks
and recreational serve area o ctfuain and operate of parks and recreation facilities
or services g local f ids w ere n®ebd;and
WHE if approved,Pa�ks &Recreation Service Area Fund would then be created to
pro ' or them eme" ' • f borough recreation facilities and services in the service area
P g 9
sepa rom orough' neral fund and give the affected voters more direct influence
directly s & Recrea an Service Area Board on matters of recreation facilities, service
levels, an elated tax increment required to sustain said facilities and services.
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH that: ;/
Section 1: Sections 2 and 3 of this ordinance are of general application and shall be codified
if the proposition in Section 4 is approved. The remainder of this ordinance is not
of general application and shall not be codified.
Section 2: That the Kodiak Island Borough Code is hereby amended by deleting Chapter
2.120, entitled "Parks and Recreation Committee". This Chapter currently reads
as follows:
Kodiak Island Borough, Alaska
Ordinance No. FY2022-03
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W HIM,
1 Ai
rrrrnam. _
e ..
_
1.
Kodiak Island Borough, Alaska Ordinance No. FY2022-03
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Section 3: That the Kodiak Island Borough Code is hereb,,
4.150, entitled "Parks and Recreation Service
4.150 Parks and Recreation Service Area
w Chapter
4.150.010 Creation and Powers
s
The Parks and Recreation service area established pursuant to Ordinance No.
2021-XX encompasses the area described in that ordinance. The power to
construct, maintain and operate of parks and recreation facilities or services using
local funds where needed shall be exercised within the Parks and Recreation
Service area.
A. The Parks and Recreation service area board shall consist of five members
which shall function as provided in Chapter 4.15 of the Kodiak Island
Borough Code.
B. I addition to the voting members, the Board shall include One assembly
member, one planning and zoning commissioner, the city parks and
recreation director, the state park ranger, and a school representative who
shall be nonvoting ex officio members of the committee and may participate
in all discussions, but who are not counted for purposes of a quorum. Ex
go
officio members shall be appointed by the Mayor subject to confirmation by
the Assembly and shall serve two year terms.
Section 4: lection is to be held on October 5, 2021 in the Kodiak Island Borough and the
fo g proposition shall be submitted to the qualified voters residing within the
boun r iess of the proposed Parks and Recreation service area for approval or
rejection. A simple majority of those electors qualified and voting in favor of the
proposition shall be required for approval.
Proposition No. 1
Shall the Kodiak Island Borough establish a Parks & Recreation service Area for the
exercise of the power to construct, maintain and operate of parks and recreation facilities
or services within the service area boundaries using local funds where needed as provided
for in Ordinance 2021-03 with the boundaries encompassing the Contiguous "Road
System" area which lies outside of the City of Kodiak?
Kodiak Island Borough, Alaska
Ordinance No. FY2022-03
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p YES
Q NO
Section 5: Effective date. Section 4 shall be effective immediately upon adoption. Sections
2 and 3 shall become effective upon certification of the results of the October 5,
2021 election but only if the proposition in Section 4 receives approval of a majority
of the voters of the Kodiak Island Borough voting on the proposition.
ADOPTED BY THE ASSEMBLY OF THE KODIAK
THIS FIRST DAY OF JULY, 202
William Roberts, Mayor
VOTES:
Ayes: Turner and Williams
Noes: Symmons and Arndt
Absent: Dvorak, Kavanaugh,
Kodiak Island Borough, Alaska
Ordinance No. FY292<03
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Kodiak Island Borough, Alaska Ordinance No. FY20?,Y-03
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