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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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 Page 1 of 3 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 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 g g pp 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 Page 2 of 3 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 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 Page 3 of 3