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1997-12 Extending WBSA October 7, 1997 BallotKODIAK ISLAND BOROUGH ORDINANCE NO. 97 -12 Introduced by: Assembly Requested by: Mayor Selby Drafted by: Borough Clerk Introduced: 07/03/97 Public Hearing: 07/17/97 Adopted: 07/17/97 AN ORDINANCE PLACING THE QUESTION OF EXTENDING THE WOMENS BAY SERVICE AREA ON THE OCTOBER 7, 1997 BALLOT WHEREAS, the Womens Bay Service Area for road services and fire protection was established in 1975 by Ordinance No. 75 -26 -0; and WHEREAS, the residents of Russian River Estates Subdivision, formerly known as Nixon Ranch, are requesting annexation into the Womens Bay Service Area; and WHEREAS, a boundary of the Russian River Estates abuts the service area boundary; and WHEREAS, access to the subdivision is only by service area roads; and WHEREAS, Kodiak Island Borough Code 4.05.040 provides that the assembly shall initiate any action to alter a service area by introducing an ordinance effecting the proposed action; and WHEREAS, Kodiak Island Borough Code 4.05.060 provides that an ordinance altering a service area shall not be effective unless approved by a majority of the qualified voters voting on the question in each area affected by the ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The Womens Bay Service Area will be altered by addition of the following described area: "Russian River Estates, known as the "Nixon Ranch ", a portion of Lot 1, U.S. Survey 2539, Kodiak Island Borough, State of Alaska, and more particularly described as follows: Beginning at the westerly most corner of tract B, Bells Flats Alaska Subdivision, U.S. Survey 2539, plat no. 69 -4; Thence S 37°30'34"E, 563.89 feet along the westerly boundary of said tract to the boundary of the U.S. Coast Guard Russian Creek tract; Kodiak Island Borough, Alaska Ordinance No. 97 -12 Page 1 of 3 Thence S 60°52'11"W, 915.43 feet along said tract; Thence N 37°30'34"W, 563.89 feet; Thence N 60°52'11"E, 915.43 feet to the Point of Beginning. CONTAINING 11.724 ACRES MORE OR LESS." Section 2: An election shall be held on Tuesday, October 7, 1997, between the hours of 7:00 a.m. and 8:00 p.m. of said date and there shall be submitted to the duly qualified registered voters of the Womens Bay Service Area the following question: Shall the boundary of the Womens Bay Service Area be altered by the addition of the following described area? " "Russian River Estates, known as the "Nixon Ranch ", a portion of Lot 1, U.S. Survey 2539, Kodiak Island Borough, State of Alaska, and more particularly described as follows: Beginning at the westerly most corner of tract B, Bells Flats Alaska Subdivision, U.S. Survey 2539, plat no. 69 -4; Thence S 37 °30'34 "E, 563.89 feet along the westerly boundary of said tract to the boundary of the U.S. Coast Guard Russian Creek tract; Thence S 60 915.43 feet along said tract; Thence N 37 °30'34 "W, 563.89 feet; Thence N 60 '52'11"E, 915.43 feet to the Point of Beginning. Section 3: Section 4: Section 5: CONTAINING 11.724 ACRES MORE OR LESS." Yes No A person who is qualified to vote in the Womens Bay Service Area or the area described in this ordinance may vote in the election. The polling place for this election will be in the Bells Flats precinct at the Womens Bay Fire Hall. Notice of the election shall be published not less than thirty days prior to the election in the form and manner provided by AS 29.38.050 and Title 7 of the Kodiak Island Borough Code of Ordinances. Section 6: Upon passage of the proposition to alter the boundary of the Womens Bay Service Area by the qualified voters of that area and upon certification of said election, this ordinance shall become effective. Kodiak Island Borough, Alaska Ordinance No. 97 -12 Page 2 of 3 ATTEST: ADOPTED BY THE KODIAK ISLAND BOROUGH ASSEMBLY THIS SEVENTEENTH DAY OF JULY, 1997 07ij 1. 1.1 .:C. onna F. Smith, CMC /AAE Borough Clerk KODIAK ISLAND BOROUGH Cg M. Selby, Borough Robin Heinrichs, Presiding Officer Jer Kodiak Island Borough, Alaska Ordinance No. 97 -12 Page 3 of 3 Map