1980-29 Enacting Title 4 of the K.I.B. Code Pertaining to Service Areas3 1 4 0
KODIAK ISLAND BOROUGH
ORDINANCE NO. 80 -29 -0
AN ORDINANCE ENACTING TITLE 4 OF THE KODIAK ISLAND BOROUGH
CODE PERTAINING TO SERVICE AREAS.
The Kodiak Island Borough Assembly ordains:
Section 1. Title 4 of the Kodiak Island Borough Code is
enacted as follows:
TITLE 4. SERVICE AREAS
CHAPTERS:
4.05 FORMATION AND MODIFICATION OF SERVICE AREAS
4.10 SERVICES WITHIN SERVICE AREAS
4.15 SERVICE AREA BOARDS OF SUPERVISORS
4.20 SERVICE AREA OPERATION
4.30 SERVICE AREA DISCRIPTIONS AND POWERS ADOPTED
4.40 ASSESSMENT DISTRICTS WITHIN SERVICE AREAS
CHAPTER 4.05
FORMATION AND MODIFICATION OF SERVICE AREAS
SECTIONS:
4.05.010 Establishing, Altering, Abolishing Service
Areas - General
4.05.020 Initiation of Action
4 .05.030 Initiation by Petition
4.05.040 Initiation by Assembly
4.05.050 Standards for Assembly Action
4.05.060 Election Required
4.05.010 Establishing, Altering, Abolishing Service Areas -
General.
The Assembly by ordinance may establish, alter or abolish
service areas, subject to the provisions of this chapter. The
Borough may provide services within a service area only in
accordance with Chapter 4.10.
4.05.020 Initiation of Action.
The establishing, altering or abolishing of a service area
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4.05.030 Initiation by Petition.
A. A petition to establish, alter or abolish a service area
shall contain the signatures of persons who own at least
25% of the real property within the boundaries proposed to
be established, altered or abolished. All signatures on
the petition shall be dated within 60 days of the
submission of the petition. In addition to the signatures
the petition also shall contain:
1. The residence and mailing address of, and a legal
'description of the relevant real property owned by,
each signer;
2. The name and mailing address of a representative
designated to receive correspondence on behalf of the
signers;
3. A statement of the services provided, or proposed to
be provided, in the service area; and
4. A vicinity map indicating the area in which the
service area is proposed to be established, altered or
abolished.
B. The petition shall be submitted to the Borough Clerk, who
shall review it for conformity to this subsection. The
clerk shall return an insufficient petition to its sponsors
with a written description of its aeficiencies.
C. The clerk shall refer a sufficient petition to the manager,
who shall prepare and submit to the Assembly an ordinance
effecting the proposed action.
4.05.040 Initiation by Assembly.
The Assembly shall initiate the establishing, altering or
abolishing of a service area by introducing an ordinance
effecting the proposed action.
4.05.050 Standards for Assembly Action.
A. In acting on an ordinance under this cnapter the Assemoly
shall consider and make findings on the following issues:
I
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1. The need for services within tne area, and the
feasibility of providing them, considering the area's
size, population, and the facilities and services
already existing therein;
2. The assessed or estimated value of all taxable
property within the area;
3. The characteristics of the area inaicating its
cohesiveness as a community; and
4. The area's ability to pay for the proposed service.
B. No lot, tract or parcel shall be in more than one service
area. •
4.05.060 Election Required.
A. An ordinance altering or abolishing a service area witnin
which one or more services are being provided shall not be
effective unless approved by a majority of the qualitiea
voters voting on the question in each area affected by the
ordinance. The question shall be submitted and the result
implemented as provided in Chapter 4.10.
B. For the purposes of this section the area affected by tne
abolishing of a service area is the entire service area.
The area affected by the altering of a service area is the
area thereby annexed to, or detached from, the service
area, unless the Assembly finds that the entire existing
service area is affected by the proposed alteration. In
making this finding the Assembly shall consider the effect
of the alteration on the level of service and cost of
service throughout the existing service area.
SECTIONS:
4.10.010 Election Required
4.10.020 Initiation of Election
4.10.030 Form of Ordinance
4.10.040 Commencement of Services
Ord. No. 80 -29 -0
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CHAPTER 4.10
SERVICES WITHIN SERVICE AREAS
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4.10.010 Election Required.
The providing or abolishing of any service witnin a service
area must be approved by a majority of the qualified voters
residing within the service area and voting on the question.
4.10.020 Initiation of Election.
The Assembly by ordinance may suomit to the voters the
question of providing a service within a service area. The
ordinance shall be initiated by petition or by the Assembly as
provided in Chapter 4.05.
4.10.030 Form of Ordinance.
An ordinance under Section 4.10.020 shall include the
following:
A. A statement of the question to be submitted to the voters.
The providing of each proposed service shall be presented
as a separate question, except for services which the
Assembly finds may not be provided feasibly unless provided
with one another.
B. The date of the election, which shall be a special election
unless a regular election is scheduled within 90 days of
the enactment of the ordinance.
C. Amendments to any provisions of this code that are
necessary to implement the ordinance, to be effective only
upon voter approval of the question.
4.10.040 Commencement of Services.
Unless the ordinance submitting the question provides
otherwise, the providing of a service in a service area shall
commence on July 1 following certification of the election
approving the providing of the service.
Ord. No. 80 - 29 - 0
Page 4
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CHAPTER 4.15
SERVICE AREA BOARDS OF SUPERVISORS
SECTIONS:
4.15.010 Boards Established
4.15.020 Composition, Election, Qualifications
4.15.030 Term
.4.15.040 Vacancies
4.15.050 Compensation
4.15.060 Officers.
4.15.070 Meetings, Quorum
4.15.080 Rules of Procedure
4.15.010 Boards Established.
There shall be a Board of Supervisors for each service
area. The Board of Supervisors shall have the powers and
duties prescribed in Chapter 4.20.
4.15.020 Com osition, Election, ualifications.
A Board of Supervisors shall consist of three members, or
more as the Assembly may determine by ordinance. Members of a
Board of Supervisors shall be elected by the qualified voters
within the service area at a regular election, or at a special
election called for that purpose. Each board member shall be
qualified to vote within the Borough and shall be a resident of
the service area.
4.15.03 Term.
A board member's term shall be three years, and until his
successor is elected and qualifies: provided that when a new
board is established, the initial board members shall draw lots
to divide the membership substantially into thirds, to e
terms of one, two and three years, respectively, s so that e
further
terms of board members will be staggered; and provided
that an unexpired term that began before the effective date of
this title shall continue until the time provided for its
expiration under the law in effect when it began.
1 1 1 1 1 1 3 1? S
4.15.040 Vacancies.
A. A vacancy on a board shall be filled by a majority of the
remaining board members, subject to Assembly confirmation,
until the next regular election. At the next regular
election, the qualified voters within the service area
shall elect a board member to serve for the remainder, if
any, of the term of the former member.
B. A vacancy occurs when
1. An elected candidate fails to qualify and assume the
duties of the office within 30 days of certification
of the election;
2. A member departs the Borough intending to remain
outside the Borough for 90 days or more;
3. A member submits a resignation accepted by the
Assembly;
4. A member, due to incapacity or absence from the
Borough, cannot attend board meetings for 90 days or
more;
5. A member is absent from three consecutive regular
board meetings without the board excusing any such
absence.
6. A member ceases to be qualified under Section 4.15.020.
4.15.050 Compensation.
Board members shall be compensated as provided by
resolution of the Assembly, and shall be reimbursed for
reasonable expenses incurred in the performance of their duties.
4.15.060 Officers.
Each board annually shall select from its membership a
chairman, vice chairman, and secretary. The chairman shall
preside at meetings of the board, and shall represent the boars
as directed by its membership. The vice chairman shall act it
the absence of the chairman. The secretary shall keep minutes
of the board's proceedings.
Ord. No. 80 -29 -0
Page 6
4.15.070 Meetings, Quorum.
A. A board shall hold a regular meeting once a quartet, or
more frequently in accordance with the board's rules of
procedure. The chairman or three board members may call a
B.
special meeting of their board.
A majority of the
constitutes a quorum.
of a majority of the
qualified to vote on
authorized membership of a board
All board actions shall be by vote
board's authorized membership who are
the question under section 4.15.090.
4.15.080 Rules of Procedure.
A board may, by resolution, adopt its own written rules of
procedure, consistent with this title, governing the conduct of
its proceedings. In all matters of procedure not governed by
such rules or this title, Robert's Rules of Order, Newly
Revised, shall govern.
4.15.090 Conflict of Interest.
Board members are subject to the conflict of interest rules
for elected Municipal officials.
CHAPTER 4.20
SERVICE AREA OPERATION
SECTIONS:
4.20.010 Authority and Duties of Assembly
4.20.020 Authority and Duties of Manager
4.20.030 Authority and Duties of Boards
4.20.040 Public Hearing
4.20.010 Authority and Duties of Assembll
The rate of taxation and the issuance of bonds to finance
services within a service area, and the operating and capital
budgets for the service area, are subject to Assembly approval.
Ord. No. 80 -29-0
4.20.020 Authority and Duties of Manager.
A. The manager shall provide staff assistance to boards for
the developing of service area work programs and budgets.
B. Except as provided in any procedures adopted under D of
this section, the manager shall execute the approved
operating budget and capital budget for each service area,
and direct and supervise the administration of all Borough
activities in the service area.
C. In performing the duties in B of this section, the manager
shall adhere to the specifications and priorities in each
adopted service area work program, subject to the
availability of appropriated funds.
D. The manager and a board may adopt, subject to Assembly
approval, procedures for the board to participate in
aeveloping contract specifications, contractor selection,
and monitoring and supervising contractor performance, for
contractors hired by the Borough to perform services unaer
service area budgets.
4.20.030 Authority and Duties of Boards.
A. On or before March 31st of each year, each board shall
adopt a service area work program for the next borough
fiscal year. The work program shall be a detailed
statement of the level of services desired by the service
area, and the service area's priorities for operating and
capital expenditures.
B. Concurrently with the adoption of the service area work
program, each board shall adopt a service area operating
budget and capital budget for the next Borough fiscal
year. The budgets shall be consistent with the service
area work program and shall be in a form compatible with
the Borough operating budget and capital budget,
respectively. The service area budgets shall be
incorporated in the Borough budget for submission to the
Assembly.
Ord. No. 80 -29 -0
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C. A Board shall participate in the administration of services
in its service area in accordance with procedures adopted
under Section 4.20.020D and shall advise the manager and
Assembly regarding the execution of the work program and
budgets for its service area.
4.20.040 Public Hearing.
Each board shall hold at least one public hearing within
its service area befcre adopting the service area work program,
operating budget and capital budget. Notice of the public
hearing shall be published at least once a week for two
consecutive weeks before the public hearing in a newspaper of
general circulation in the service area. Copies of the
proposed service area work program, operating budget, and
capital budget shall be available to the public at the Borough
Clerk's Office and at such other places as the Board may
designate, at least seven (7) days before the public hearing.
Ord. No. 80 -29 -0
CHAPTER 4.30
SERVICE AREA DESCRIPTIONS AND POWERS ADOPTED
SECTIONS:
4.30.010 Bells Flats- Russian Creek Service Area
4.30.020 Monashka Service Area
4 .30.03 0 Mill Bay - Island Lake - Spruce Cape Service Area
4.30.031 Water Service District Number One
4.03.035 Special Service District Within Mill Bay - Island
Lake - Spruce Cape Service Area
4.30.040 Fire Protection Area Number One
4 .30.010 Bells Flats- Russian Creek Service Area.
The Bells Flats- Russian Creek Service Area is established
pursuant to Ordinance 75 -26 -0 and encompasses the area described
in that Ordinance. Road Services shall be provided in the Bells
Flats- Russian. Creek Service Area.
4.30.020 Monashka Service Area.
The Monashka Service Area is established pursuant to
Ordinance 77 -35 -0 and encompasses the area described in that
Ordinance less the area described in Ordinance 78 -6 -0.
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Ner
4.30.030 Mill Ba - Island Lake -S ruce Ca a Service Area.
The Mill Bay - Island Lake - Spruce Cape Service Area is
established pursuant to Ordinance 78 -6 -0 and encompasses the
area described in that Ordinance. Sewer, water and road service
may be provided in this area.
4.30.031 Water Service District Number One.
Water Service District Number One is established in the
Mill Bay - Island Lake - Spruce Cape Service Area pursuant to
Ordinance 68 -24 -0 and encompasses the area described in that
Ordinance. Water services shall be provided in Water Service
Area Number One.
42101911 S ecial Service District Within Mill Ba - Island Lake -
S ruce Ca a Service Area.
A Special Service District 1s established within the
Mill Bay - Island Lake - Spruce Cape Service Area pursuant to
Ordinance 64 -3 and encompasses the area described in that
Ordinance. Water services shall be provided in that Special
Service District.
4.30.040 Fire Protection Area Number One.
Fire Protection Area Number One is established pursuant
to Ordinance 68 -23-0 and encompasses the area described in that
Ordinance. Fire protection services shall be provided in Fire_
Protection Area Number One.
SECTIONS:
4.40.010 Authority to Assess
4.40.020 Methods of Initiating District
4.40.030 Report By Manager
4.40.040 Protest
4.40.050 Public Hearing; Assembly Action
4.40.060 Modification or Abandonment of Improvement After
District Formation.
4.40.070 Assessment Roll
CHAPTER 4.40
ASSESSMENT DISTRICTS WITHIN SERVICE AREAS
4.40.080 Public Hearing; Confirmation of Roll
4.40.090 Payment
4.40.100 Reassessment
4.40.110 Objection and Appeal
4.40.120 Dissolution of Assessment District
4.40.130 Costs of Improvement; Assessable Costs
4.40.140 Allocation of Assessable Costs
4.40.150 Notice
4.40 010 Authorit to Assess.
A. In accordance with this chapter healAssembly
property bene-
assessment districts consisting of
fited by capital improvements and assess against the
benefited property all or part of the cost of constructing
or improving the capital improvements. otwith-
B. The Assembly may assess any benefited property, n
standing that the property otherwise by law is exempt from
taxation, except as provided in AS 29.63.
4.40.020 Methods of Initiatin District.
An assessment district may be initiated by:
A. Filing with the Borough Clerk on a form prescribed e owners
manager a petition to form the district signed
to th h bene-
of more than one -half in value of the prop be
fited by the proposed improvement; or
B. A majority vote•of the Assembly.
4.4020 0 Report By Manager.
For every assessment district that is
manager shall report to the Assembly regarding the
the desirable extent of, and the estimated cost of
improvement. The manager shall present the report
Assembly no later than the time of the public
proposed improvement.
4.4_ 0.040 Protest.
A. Any owner of property within a proposed assessment district
may protest as to the necessity of the improvement to be
constructed therein. A protest is effective only if
n „q a,. An -?Q ■0
may form
initiated, the
need for,
the proposed
to the
ing
on the
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filed with the Borough Clerk no later than 5:00 p.m. on
the last day the Borough offices are open prior to the
day of the public hearing under Section 4.40.050. Once a
petition to initiate an assessment district has been filed,
no signer of the petition may withdraw from the petition
except by filing a protest in accordance with this section.
B. If the owners of prop which will bear fifty (50)
percent or more of the amount assessed for the improvement
protest the improvement in accordance with A of this
section, the Assembly may not proceed with the improvement
unless:
1. The number of protests has been reduced so as to
represent property which will bear less than fifty
(50) percent of the amount assessed for the improve-
ment; or
2. At least three - fourths of the Assembly approves
proceeding with the improvement.
4.40.050 Public Hearing; Assembly Action.
A. The Assembly shall hold a public hearing on the necessity
of the proposed improvement. After the public hearing the
Assembly shall, by resolutibn, determine whether to proceed
with the proposed improvement.
B. The Assembly may determine to increase or decrease the
extent of the proposed improvement or the number of properties
benefited thereby; provided that if the Assembly determines
to proceed with an improvement of greater extent or
benefiting more properties than proposed, the determination
to proceed shall be treated as the initiation of an assess-
ment district by the Assembly under Section 4.40.020.
C. Where a determination to proceed is not treated as the
initiation of an assessment district by the Assembly under
B of this section, the determination shall be in the form
of a resolution forming an assessment district. The
resolution shall find that the proposed improvement is
necessary and of benefit to the properties to be assessed,
Ord. No. 80 -29 -0
Ord. No. 80 -29 -0
and that the district was initiated in accordance with
Section 4.40.020. The resolution shall describe the
improvement and its location, the properties to be
assessed, and the method of allocating the improvement
cost among the benefitted properties. The Assembly's
findings as to compliance with Section 4.40.020 and as
to the necessity of the proposed improvement shall be
conclusive.
4.40.060 Modification or. Abandonment of Improvement After
District Formation.
A. If the Assembly finds that it is in the best interest of
the Borough to do so, it may, after holding a public
hearing, reduce the extent of the improvement as des-
cribed in the resolution forming the assessment district,
and modify its determination of the properties benefitted
by the improvement accordingly.
B. If the Assembly determines it is in the best interest of
the Borough to do so, it may, after holding a public
hearing, approve a resolution terminating work on the
public improvement and dissolving the assessment district.
If a district is dissolved under this subsection, no
assessment may be levied pursuant thereto, but the
costs incurred for the improvement before the dissolution
may be assessed as costs of the improvement under any
subsequent assessment district under which the improvement
is completed.
4.40.070 Assessment Roll
After the improvement has been completed, and the costs
of the improvement determined, the manager shall prepare an
assessment roll for the district. The roll shall describe
the properties to be assessed and name their owners in
accordance with the current records of the Borough Assessor,
and state the amount assessed against each property.
1 1 1 '1 1 1 1 1 5
4.40.080 Public Hearing; Confirmation of Roll.
A. After the assessment roll is completed, the Assembly
shall hold a public hearing at which any owner of
property to be assessed may object to the roll by
presenting evidence of errors and equalities in the
roll. After the public hearing the Assembly may
correct any error or inequality in the assessment
roll. When the roll is finally determined the Borough
Clerk shall so certify.
B. After the public hearing and final determination of the
assessment roll, the Assembly shall enact a resolution
confirming the roll and levying assessments in accordance
therewith, and establishing a schedule for paying the
assessments.
4.40.090 Payment.
A. The resolution confirming and levying may require payment
of assessments in one sum or in installments, but no sum
or installment may exceed twenty -five (25) percent of
the assessed value of the property against which it is
levied, and no assessment payment shall be due sooner
than sixty (60) days after enactment of the resolution
confirming and levying assessments.
B. Installment payments shall bear interest at a rate equal
to the effective rate of interest of the bonds that the
Borough last sold to finance similar improvements prior
to enactment of the resolution confirming and levying
assessments. Installment payments shall be applied
first to accrued interest, then to principal.
C. Within thirty (30) days of enactment of the resolution
confirming and levying assessments, the Borough Clerk
shall mail a statement to the owner of record of each
property assessed. The statement shall designate the
property, the assessment amount, the time payments are
due, and the penalities for past due payments.
)(111i 1154
D. Penalties and interest on past due assessment payments
are the same as for real property taxes. Assessments
are liens upon the property assessed and are prior and
paramount to all liens except municipal tax liens. They
may be enforced in the manner provided for real property
tax liens.
4.40.100 Reassessment.
A. The Assembly shall within one year correct
any deficiency in a special assessment found by a court.
B. Notice and hearing must conform to the initial assessment
procedures.
C. Payments on the initial assessment are credited to the
property upon reassessment.
D. The reassessment becomes a charge upon the property not-
withstanding failure to comply with any provision of the
assessment procedure.
4.40.110 Obie a nd Appeal.
A. The regularity or validity not be contested by a person
who did not file with the Borough Clerk a written
objection to the assessment roll before its confirmation.
B. The decision of the Assembly upon an objection may be
appealed to the superior court within thirty (30) days
of the date of confirmation of the assessment roll.
C. If no objection is filed or an appeal taken within the
time provided in this section, the assessment procedure
shall be considered regular and valid in all respects.
4.40.120 Dissolution of Assessment District.
An assessment district may be dissolved by Assembly
reedlution at any time after all assessments have been paid.
4.40.130 Costs of Im rovement• Assessable Costs.
A. The costs of an improvement shall include the cost of
acquiring interests in real property for the improvement,
design, engineering and contract administration, admin-
istrative overhead, bond costs and interest incurred to
finance the improvement, and all other costs incurred in
constructing the improvement.
B. The cost of an improvement that is assessable under
this chapter shall be the total cost of the improvement
under A of this section, less the amount of any grant
funds that the Borough uses to defray the cost of the
improvement.
4.40.140 Allocation of Assessable Costs.
In the resolution forming an assessment district, the
Assembly may adopt any of the following methods which the
Assembly finds will allocate the assessable costs among the
benefitted properties proportionally to the benefit that the
improvement will confer on each:
A. Allocation of costs on a zone basis;
B. Allocation of costs on a per front foot basis;
C. Allocation of costs on a per square foot basis;
D. Allocation of costs on a per lot basis;
E. Allocation of costs on any other basis that
reasonably relates the costs assessed to the
benefit received from the improvement.
4.40.150 Notice.
A. Notice of any public hearing required under this chapter
chapter shall be given in accordance with B and C of this
section.
B. Forms of Notice of a Public Hearing
1. Publication in a newspaper of general circulation
in the Borough at least once a week for two consecutive
weeks prior to the public hearing.
2. Mailing at least fifteen (15) days before the public
hearing to all record owners of property proposed
to be assessed under the assessment district. As
used in this paragraph, record owner means the
person or persons listed as the owner of the
property on the current property tax records of the
Borough Assessor. The notice shall be mailed to the
record owner at the address stated in the current
property tax records of the Borough Assessor.
Ord. No. 80 -29 -0
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C. Every notice of a public hearing required by this .
section shall state the date, time, location and purpose
of the public hearing, describe the improvement, and,
for the notice by mail, state the amount of the
estimated or actual assessment against the property of
the addressee. The notice by mail shall generally inform
the addressee of the manner and method of protesting or
objecting to the action to be taken at the public
hearing.
D. The failure of any person to receive any notice required
by this chapter, where the records of the Borough indicate
the notice was provided in a timely and proper manner,
shall not affect the validity of any proceeding under
this chapter.
PASSED AND APPROVED this 7th day of August , 1980.
ATTEST:
FIRST READING, APPROVAL DATE: June 5, 1980
KODIAK ISLAND BOROUGH
B Mayor `l
SECOND READING, PUBLIC HEARING DATE: July 2, 1980
PASSAGE DATE: August 7, 1980
EFFECTIVE DATE: August 7, 1980
Ord. No. 80 -29 -0
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