Loading...
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 Page 1 of 2 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 Page 2 of 2