1972-04 Opposing The Local Boundary Commission's Recommendation To The Alaska State Legislature1
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I KODIAK ISLAND BOROUGH
RESOLUTION NUMBER 72_4 -
A RESOLUTION OF THE BOROUGH ASSEMBLY OF THE KODIAK
ISLAND BOROUGH OPPOSING THE LOCAL BOUNDARY COMMISSION'S
REC OMMENDATION TO THE ALASKA STATE LEGISLATURE WHICH RECOMMENDS
ANNEXATION OF FIRE SERVICE DISTRICT NO. 1 TO THE CITY OF KODIAK,
INCLUDING THE MONASHKA BAY SUBDIVISION, FORT ABERCROMBIE STATE
PARK AND SPRUCE CAPE AND FURTHER RECOMMENDS FULL ANNEXATION
RATHER THAN STEP ANNEXATION
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i g WHEREAS, the Kodiak Island Borough
and the City of
!Kodiak requested annexation of certain areas to the City of
!' Kodiak consisting of a portion of Spruce Cape, the Island Lake
hand Mill Bay areas, and pursuant thereto the Local Boundary
i Commission published a Notice of Public Hearing on said Petitions
land held a public hearing to consider local boundary changes.
That the Notice of Public Hearing published by the Local Boundary
'Coa,rission gave the date, the time , the place of the hearing
and specifically described the area as set forth in the Petitions
of the `.odiak Island Borough and the City of Kodiak, as the area
that was being considered for annexation, and
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WHEREAS, the Local Boundary Commission in a letter
;dated January 15, 1972 to the Chairman of the Kodiak Island
I Borough, advised that they had, at a decisional meeting heii
Anchorage on January 8 and 9, 1972, approved the Kodiak
Island Borough Petition for annexation of territory, includ:n;
!Fire Service District No. 1, but ttey had also included the
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1 remainder of the Monashka Bay Subdivision
Fort Abercrombie tate
I Park and Spruce Cape, and further, that they recommended
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annexation rather than step annexation as requested by the
Borough, and
WHEREAS, although the Kodiak Island Borough conceaes
that the Local Boundary Commission may have the authority u:ier
the provisions of Article X, con 12 of
Section the Constitution of
I the State of Alaska to propose such a change, as the Consti- .; -.3
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gives the Local Boundary Commission vast and broad powers,
NEVERTHELESS, the action of the Local Boundary
Commission violates the spirit and intent of Section 44.19.2
and 44.19.330, in that Section 44.19.290 provides for notice of
public hearings and provides that public notice of a hearing of
the Local Boundary Commission shall be given in the area in
which the hearing is to be held at least fifteen (15) days before
the date of said hearing. And further, it provides that the
notice of the hearing shall include the time, date and place and
subject of the hearing, and
Section 44.19.330 provides that "No local Government
boundary changes may be proposed to the Legislature unless a
hearing on the change had been held in or near the vicinity of
the area affected by the change." And it is the feeling of both
the City of Kodiak and the Kodiak Island Borough that a hearing
on the proposed annexation was not held, as people in the areas
added by the Local Boundary Commission were not given an
opportunity to voice either their approval or Opposition,
as this was never contemplated. And further, it is the belief of
1 the City and the Borough that the annexation of such a large area,
I which is double the size of the area covered by their Petitions;
I I might pose a financial hardship on the City of Kodiak to provide
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the necessary services that they would be required to provide
'I i by full annexation, and
WHEREAS, at the regular meeting of the Kodiak Island
Borough held on the 20th day of January, 1972, the Borough
Assembly expressed its displeasure at the Local Boundary
Commission's action and has indicated that it feels their action
was hasty, premature, and not in the best interests of either the
Borough or the City of Kodiak, and certainly not in the bes
interests of the people affected thereby who had no opportunity td
Page Two, RESOLUTION NO. 72 -4-R
ATTEST
voice either opposition to or support for such action, and
WHEREAS, the Borough Assembly feels that in the event
of annexation, it should be done on a step annexation basis only
and therefore, an election should be held in the area before
proceeding further, therefore,
BE IT RESOLVED, that unless the recommendation of the
Local Boundary Commission can be changed to coincide with the
Petitions of the Kodiak Island Borough and the City of Kodiak, the
Kodiak Island Borough by this Resolution must go on record as
opposing the same and request that the Senate and the House
disapprove this recommendation.
DATED: At Kodiak, Alaska, this 20th day of
January, 1972.
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O rough C erk
Page Three, RESOLUTION NO. 72 -4 -R
KODIAK ISLAND BOROUGH
By
WILTON T. WHITE, Chairman