1997-28 Amending Title 4 Service Areas - Service ExemptionsKODIAK ISLAND BOROUGH
ORDINANCE NO. 97 -28
Introduced by: Mayor Selby
Requested by: Mayor Selby
Drafted by: Borough Clerk
Introduced: 12/04/97
Amended: 12/18/97
Public Hearing: 12/18/97
Adopted:
AN ORDINANCE AMENDING KODIAK ISLAND BOROUGH
CODE OF ORDINANCES TITLE 4 SERVICE AREAS
CHAPTER 4.60 MONASHKA BAY ROAD SERVICE AREA,
CHAPTER 4.70 SERVICE DISTRICT NO. 1, AND
CHAPTER 4.90 BAY VIEW ROAD SERVICE AREA
TO ADD SECTIONS 4.60.015, 4.70.015, AND 4.90.015 SERVICE EXEMPTIONS
TO REFLECT AN EXEMPTION FOR STATE ROAD ACCESS FOR PARCELS NOT
RECEIVING ANY BENEFIT FROM ROAD CONSTRUCTION AND MAINTENANCE
WHEREAS, property owners in the Monashka Bay Road Service Area, Service
District No. 1, and Bay View Road Service Area who access their parcels by a state
road with no access to or potential use of any service area maintained road; and
WHEREAS, the property owners have requested their parcels be exempted from
road construction and maintenance and the taxation to provide these services since
they receive no service; and
WHEREAS, the mayor has reviewed the access available to the parcels and
determined that the parcels received no benefits from the road services; and
WHEREAS, the parcels would continue to receive fire protection and the taxation to
provide this service which they do receive;
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Section 1: This ordinance is of a general and permanent nature and shall become
a part of the part of the Kodiak Island Borough Code of Ordinances.
Section 2: Chapter 4.60 Monashka Bay Road Service Area of Title 4 Service
Areas is hereby amended by adding Chapter 4.60.015 Service Area
Exemptions:
4.60.015 Service Area Exemptions. Parcels abutting state - maintained roads whose
only access is on a state - maintained road where there is no potential use of service
Kodiak Island Borough, Alaska Ordinance No. 97 -28
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area roads for access within described boundaries of the service area shall be
excluded from road construction and maintenance and the rate of taxation to
finance that service within the service area. The determination that the parcel
receives no benefits from the service shall be made by the mayor, or his designee,
and is appealable to the assembly.
Section 3: Chapter 4.70 Service District No. 1 of Title 4 Service Areas is hereby
amended by adding Chapter 4.70.015 Service Area Exemptions:
4.70.015 Service Area Exemptions. Parcels abutting state - maintained roads whose
only access is on a state - maintained road where there is no potential use of service
area roads for access within described boundaries of the service area shall be
excluded from road construction and maintenance and the rate of taxation to
finance that service within the service area. The determination that the parcel
receives no benefits from the service shall be made by the mayor, or his designee,
and is appealable to the assembly.
Section 4: Chapter 4.90 Bay View Road Service Area of Title 4 Service Areas is
hereby amended by adding Chapter 4.90.015 Service Area
Exemptions:
4.90.015 Service Area Exemptions. Parcels abutting state - maintained roads whose
only access is on a state - maintained road where there is no potential use of service
area roads for access within described boundaries of the service area shall be
excluded from road construction and maintenance and the rate of taxation to
finance that service within the service area. The determination that the parcel
receives no benefits from the service shall be made by the mayor, or his designee,
and is appealable to the assembly.
Section 5: This ordinance shall take effect on the first day of January, 1998.
ATTEST:
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS EIGHTEENTH DAY OF DECEMBER, 1997
KODIAK ISLAND BOROUGH
Donna F. Smith, CMC /AAE, Borough Clerk
Kodiak Island Borough, Alaska
Jer me M. Selby, Borough Ma or
tevens, Pres'
ing Officer
Ordinance No. 97 -28
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