1995-07 Repealing 4.05.060 Election Required in Title 4- . . - . - . 1 . • • - •
. 1 l . • - . 1 • . • •
KODIAK ISLAND BOROUGH
ORDINANCE NO. 95 -07
Introduced by: Assembl
Requested by: Mayor Se .y
Drafted by: Borough Att• ney
Introduced: 11 •2/95
Public Hearing: /21/95
Failed: 11/21/95
AN ORDINANCE REPEALING SECTION 4.05.060 ELECTION ' QUIRED IN
CHAPTER 4.05 FORMATION AND MODIFICATION OF SERVICE REAS
AND AMENDING SECTION 4.10.010 ELECTION RED U /RED IN
CHAPTER 4.10 SERVICES WITHIN SERVICE AREAS IN TIT 4 SERVICE AREAS
WHEREAS, the Alaska Constitution allows that service reas "may be established,
altered, or abolished by the assembly, subject to the • ovisions of law or charter ";
and
WHEREAS, no voter approval is required by Stat: law to operate, alter or abolish a
service area; and
WHEREAS, Kodiak Island Borough Code • •es require an election to approve an
ordinance altering or abolishing a service . ea; and
WHEREAS, the transfer of ownershi., maintenance, and operation of the Service
District No. 1 sewer /water facilities t• the city of Kodiak would be an "alteration" of
a service district, requiring an elec on under borough code but not state law; and
WHEREAS, any alterations or . •olishment of a service district would be best served
by ordinance rather than ele ion,
NOW, THEREFORE, BE IT I RDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Section 1: This or inance is of a general and permanent nature and shall become
a par of the Kodiak Island Borough Code of Ordinances.
Section 2: T le 4 SERVICE AREAS Chapter 4.05 FORMATION AND MODIFICATION
F SERVICE AREAS Section 4.05.060 Election required is hereby
repealed.
4.05.0.0 Election required.
Kodiak Island Borough, Alaska
Ordinance No. 95 -07
Page 1 of 2
• • .
1
Section 3: Title 4 SERVICE AREAS Chapter 4.10 SERVIC- WITHIN SERVICE
AREAS Section 4.10.010 Election required i hereby amended as
follows:
4.10.010 Election required. The providing [. .. • ' • of any service within a
service area must be approved by a majority of the quay ied voters residing within the
service area and voting on the question.
ATTEST:
ADOPTED BY THE ASSEMBLY OF THE • DIAK ISLAND BOROUGH
THIS DAY OF , 1995
Donna F. Smith, C C, Borough Clerk
Kodiak Island Borough, Alaska
KODIAK ISLAND BOROUGH
Jerome M. Selby, Borough Mayor
Presiding Officer
Ordinance No. 95 -07
Page 2 of 2