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FY2021-33 Abolishing Service Area No. 2 And Repealing Kodiak Island Borough Code, Chapter 4.110, Service Area No. 21 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 Introduced by: Assembly Member Dvorak thru the Mayor Drafted by: Borough Attorney Introduced on: 04/15/2021 Public Hearing Date: 05/20/2021 Failed on: 05/20/2021 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2021-33 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ABOLISHING SERVICE AREA NO. 2 AND REPEALING KODIAK ISLAND BOROUGH CODE, CHAPTER 4.110, SERVICE AREA NO. 2, AND PLACING THE ISSUE BEFORE THE VOTERS IN THE SERVICE AREA FOR RATIFICATION. WHEREAS, a review of the code reveals that existence of KIBC 4.110, Service Area No. 2, no longer appears to be relevant given that historical investigations and feasibility plans to develop and provide water and sewer services in the Monashka Bay area have not been pursued for many years; and WHEREAS, as there are no infrastructure needs, maintenance, or service level matters for the consideration of a service area board, the board described in KIBC Chapter 4.110 has not been empaneled for many years, and WHEREAS, KIBC 4.05.010, 4.05.040 and 4.05.060 permit the Assembly to abolish a service area by ordinance subject to ratification by qualified voters in the service area. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: Section 2 of this ordinance is of general application and shall be codified. Section 2: The following code section is hereby repealed and removed from Kodiak Island Borough Code of Ordinances pertaining to Chapter 4.110, Service Area No. 2: Chapter 4.110 SERVICE AREA NO. 2 4.110.010 Creation and powers. A. There is established a service area within the borough designated "Service Area No. 2" as shown on the corresponding map in the office of the clerk. B. Service Area No. 2 shall provide water and sewer services within its boundaries. C. The Service Area No. 2 board shall consist of five members appointed by the Mayor and approved by the assembly. Kodiak Island Borough, Alaska Ordinance No. FY2021-33 Page 1 of 2 46 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 Section 3: An election is to be held on October 5, 2021 in the Kodiak Island Borough and the following proposition shall be submitted to the qualified voters of Service Area No. 2 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 ORDINANCE 2021-33 ABOLISHING SERVICE AREA NO. 2 BE APPROVED? Q YES Q NO Section 4: Section 3 of this ordinance shall become effective immediately upon adoption. Sections 1 and 2 of this ordinance shall become effective upon certification of the election held October 5, 2021, but only if the proposition set out in Section 3 is ap- proved by a majority of the qualified voters voting on the question. FAILED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS TWENTIETH DAY OF MAY, 2021. KODIAK ISL D B UGH Filr'fa"m Roberts, Mayor VOTES: Ayes: Kavanaugh and Smith Noes: Arndt, Dvorak, Symmons, Turner, and Williams Kodiak Island Borough, Alaska AT E Alise L ice, Borough Clerk Ordinance No. FY2021-33 Page 2of2