FY2021-29 Repealing Sections Of Kodiak Island Borough Code, Title 4, Service Areas Pertaining To Certain Exemptions For Road Maintenance Services For Properties Along State Roads.1
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Introduced by: Assembly Member Dvorak thru the Mayor
Drafted by: Borough Attorney and Assembly Member Dvorak
Introduced on: 03/18/2021
Failed on: 03/18/2021
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2021-29
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REPEALING
SECTIONS OF KODIAK ISLAND BOROUGH CODE, TITLE 4, SERVICE AREAS PERTAINING
TO CERTAIN EXEMPTIONS FOR ROAD MAINTENANCE SERVICES FOR PROPERTIES
ALONG STATE ROADS.
WHEREAS, the Kodiak Island Borough adopted KIB Ordinance No. 97-28, which provided the
borough mayor discretion to exempt certain properties within established road service areas, lying
along state road rights -of -way exclusively, from paying the established road service area
assessment upon a determination that the properties did not receive any service; and,
WHEREAS, the said ordinance was subsequently a tided by KIB Ordinance No. 98-04, in
order to reflect the borough's transition from the Str g Ma .or Form of government to the
manager form of government; and,
WHEREAS, exempting said properties fro ordinance alone, and at the discretion
..
of the borough manager solely, provides f r a pro y tax exemption not authorized by state law
and constitutes a defacto amendment t.. , ro service area boundary without the required
election process prescribed under KIB C apter 4.05, Formation and Modification of Service
Areas; and,
WHEREAS, it is inequitable to co -der the owners of exempted properties along state roads
as fully empowered members of the service area, as originally voted on at the formation of said
service areas, when they are eligible to run for elected service area board seats when they do not
appear to have a vested interest in the levels of service to be provided and the determination of
the appropriate level of taxation for such services; and,
WHEREAS, even though they may not receive a direct service for road maintenance, the
property owners along state roads may receive some benefit from the construction and
maintenance of nearby and surrounding borough roads which may provide more efficient access
to their property, provide drainage improvements to or from the contiguous vicinity, local road
access for the cost effective delivery of other desirable services in the general area, such as for
heating fuel, electricity, communications, water and sewer utilities, and improved emergency
response access; and,
WHEREAS, other indirect benefits may also accrue to the land owners along state roads
provided by the detour around occasional blockage of state roads due to road maintenance,
disaster or other utility construction or maintenance; and,
Kodiak Island Borough, Alaska
Ordinance No. FY2021-29
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WHEREAS, without the ability to deliver road services to areas not fronting state rights -of -way
the owners of land fronting on state rights -of -way would be less able to develop their lands behind
the state road frontage, to the detriment of both the land owners along state roads and the
community as a whole; and,
WHEREAS, if the Assembly determines that these parcels are not benefitted from the service
area services and the service area boundaries should be altered to remove the parcels, then the
process in KIBC 4.05 may be followed and a vote on the issue held in the appropriate area
affected to ratify an ordinance altering the service area boundaries.
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH that:
Section 1: This ordinance is of general application and shall be codified.
Section 2: That section 4.50.015 of the Kodiak Island Borough Code of Ordinances is re-
pealed. This section pertains to the Womens bay Service Area and currently reads:
4.50.015 Service area exemptions.
Parcels abutting state -maintained rows whose only access is on a state -
maintained road, and there is no potential use of service area roads for access
within described boundaries of the. service area, shall be excluded from road
construction and maintenance an-d the, rate of taxation to finance that service within
the service area. The determ ination that the parcel receives no benefits from the
service shall be m ,de t \ ana� er, or designee, and is appealable to the
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assembly.
Section 3: That section 4.60. 5 of the Kodiak Island Borough Code of Ordinances is re-
pealed. This section pertains to the Monashka Bay Road Service Area and
currently reads:
4.60.015 Service area exemptions.
Parcels abutting state -maintained roads whose only access is on a state -
maintained road, and there is no potential use of service area roads for access
within described boundaries of the service area, shall be excluded from road
construction and maintenance and the rate of taxation to finance that service within
the service area. The determination that the parcel receives no benefits from the
service shall be made by the manager, or designee, and is appealable to the
assembly.
Section 4: That section 4.70.015 of the Kodiak Island Borough Code of Ordinances is
repealed. This section pertains to the Service Area No. 1 and currently reads:
4.70.015 Service area exemptions.
Kodiak Island Borough, Alaska Ordinance No. FY2021-29
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Parcels abutting state -maintained roads whose only access is on a state -
maintained road, and there is no potential use of service area roads for access
within described boundaries of the service area, shall be excluded from road
construction and maintenance and the rate of taxation to finance that service within
the service area. The determination that the parcel receives no benefits from the
service shall be made by the manager, or designee, and is appealable to the
assembly.
Section 5: That section 4.90.015 of the Kodiak Island Borough Code of Ordinances is re-
pealed. This section pertains to the Bay View Road Service Area and currently
reads:
4.90.015 Service area exemptions.
Parcels abutting state -maintained roads whose only access is on a state -
maintained road, and there is no potential use of service area roads for access
within described boundaries of the service area, shall be excluded from road
construction and maintenance and the rate of taxation to finance that service within
the service area. The determination that the parcel receives no benefits from the
service shall be made by the manager, or designee, and is appealable to the
assembly.
Effective Date: This ordinance takes effect as provided in KIBC 1.10.040.
FAILED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS EIGHTEENTH DAY OF MARCH, 2021.
KODIAK ISLAND BOROUGH
%JA W
iliam Roberts Wyor
VOTES:
Ayes: Williams, Arndt, and Dvorak
Noes: Smith, Symmons, Turner, and Kavanaugh
ATTEST:
Alise .Rice, Borough Clerk
Kodiak Island Borough, Alaska
Ordinance No. FY2021-29
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