1986-34 Amending the KIB Code to Accept Transfer of Garbage and Solid Waste Collection and Disposal Powers From the City of KodiakKODIAK ISLAND BOROUGH
ORDINANCE N0. 86 -34 -0
AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY ACCEPTING THE
TRANSFER OF GARBAGE AND SOLID WASTE COLLECTION AND DISPOSAL POWERS FROM THE
CITY OF KODIAK.
WHEREAS, the Kodiak Island Borough and the City of Kodiak have been
pursuing closing out the old landfill and implementing a garbage baler and
improved landfill operation, and
WHEREAS, the funds to achieve this goal have been obtained from the
State of Alaska and the construction should be completed in early 1987, and
WHEREAS, the area served by the baler and landfill exceeds the City
of Kodiak and it now becomes necessary for the Kodiak Island Borough to operate
the baler and landfill, and
WHEREAS, Alaska Statute 29.35.050 establishes that any municipality
may by ordinance provide for the establishment, maintenance and operation of a
system of garbage and solid waste collection and disposal for the entire
municipality or for districts or portions of it, and
WHEREAS, Alaska Statute 29.35.310 provides that a city may transfer
to the first or second class borough in which it is located any of its powers
or functions subject to the approval of the Borough Assembly, and
WHEREAS, the Council of the City of Kodiak adopted Ordinance Number
al on April 11. 1985 transferring garbage and solid waste collection and
disposal power to the Kodiak Island Borough subject to certain conditions.
NOW, THEREFORE, BE IT ORDAINED by the Kodiak Island Borough Assembly
that the Kodiak Island Borough accepts the transfer of garbage and solid waste
collection and disposal powers within the City of Kodiak subject to the follow-
ing conditions:
1. The City of Kodiak sign a hold harmless agreement accepting the
ongoing responsibility for any future problems with the landfill
as it exists at the time of closeout and prior to the balefill
development.
2. The City of Kodiak agrees to make the FY87 $500,000 State of Alaska
grant for water /sewer solid waste available for the completion of
the landfill closeout if necessary_
This ordinance becomes effective at a mutually acceptable date when the
conditions of the transfer are fully met and the baler facility is fully
operational.
PASSED AND APPROVED this 7 day of August
KODIAK ISLAND BOROUGH
ATTEST:
B
1 � Co --
Bo oughNlIk
Effective Date:
Preiding Officer
1986.
First Reading, Approval Date: 1 July 1986
Second Reading, Public Hearing, Approval Date: 7 Aignct 1 9A
7 August 1986