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1972-04 Opposing The Local Boundary Commission's Recommendation To The Alaska State Legislature1 i 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 i 'I 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 I 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 II 1 remainder of the Monashka Bay Subdivision Fort Abercrombie tate I Park and Spruce Cape, and further, that they recommended - 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 i fi it Page One, RESOLUTION NO. 72 -4 -R 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 i 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. i O rough C erk Page Three, RESOLUTION NO. 72 -4 -R KODIAK ISLAND BOROUGH By WILTON T. WHITE, Chairman