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1975-23 Requesting the Department Of Community and Regional Affairs to Reapportion the Kodiak Island Borough AssemblyKODIAK ISLAND BOROUGH RESOLUTION NUMBER 75 -33 -R A RESOLUTION REQUESTING THE DEPARTMENT OF COMMUNITY AND REGIONAL AFFAIRS TO REAPPORTION THE KODIAK ISLAND BOROUGH ASSEMBLY WHEREAS, the Kodiak Island Borough Assembly at its meeting of March 6, 1975, adopted Resolution No. 75 -9 -R declaring the borough assembly to be malapportioned; and, WHEREAS, pursuant to the procedures established by section 29.23.020 of the Alaska Statutes the assembly adopted Ordinance No. 75 -16 -0 providing a plan for the reapportionment of the Kodiak Island Borough Assembly upon ratification of the ordinance by the voters; and WHEREAS, the voters of the Kodiak Island Borough, at an election held on August 5, 1975, disapproved the reapportionmen plan set forth in Ordinance No. 75 -16 -0; and WHEREAS, AS 29.23.020 (c) requires the Department of Community and Regional Affairs to provide for reapportionment in accordance with constitutional standards if an ordinance re- apportioning the borough has not been approved by the voters within six months following the date that the assembly determines itself to be malapportioned; and, WHEREAS, adequate time does not exist to permit the borough assembly to promulgate an ordinance establishing an alternate reapportionment plan and submit that plan to the voters of the Kodiak Island Borough prior to the expiration of the six month period on September 6, 1975; and, WHEREAS, a continuation of the existing malapportion composition creates a potential for activation of the litigation in the case of City of Kodiak v. Kodiak Island Borough because the stipulation in that case for interim reapportionment of the resolves: borough assembly calls for the termination of two appointed members from the City of Kodiak on the first Monday following the regular election to be held October 7th, 1975, thus reinstating a gross deviation in borough assembly representation,, and further creating an atmosphere for continuation of the litigation relating to appointment of council members to occupy borough assembly positions; and, WHEREAS, a reapportionment of the Kodiak Island Borough Assembly by the Department of Community and Regional Affairs would resolve the primary issues presently being litigated between the city and the borough, would avoid further expenses related to that litigation and would alleviate the instability presently bein created by the reapportionment issue. NOW THEREFORE, the Kodiak Island Borough Assembly THAT the Department of Community and Regional Affairs be and is hereby requested to immediately initiate appropriate action to reapportion the Kodiak Island Borough Assembly according to constitutional standards and to expend all reasonable efforts to complete that reapportionment just prior to the 29th day of August, 1975, or as soon thereafter as reasonably possible, to permit timely notice of election and petitioning of candidates. ATTEST: Borough Clerk PASSED AND APPROVED THIS outk day of G/ Page TWO, Resolution No, 75 -33 -R KODIAK ISL Bo o gh Mayor BY P BOROUGH Presiding Officer 1975.