1998-04 Amending Title 4 Service Areas - Manager Plan of GovernmentKODIAK ISLAND BOROUGH
ORDINANCE NO. 98 -04
Introduced by: Assembly
Requested by: Borough Clerk
Drafted by: Borough Clerk
Introduced: 04/07/98
Public Hearing: 04/16/98
Adopted: 04/16/98
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES
TITLE 4 SERVICE AREAS
TO PROVIDE FOR THE CHANGE TO A MANAGER PLAN OF GOVERNMENT
WHEREAS, the Kodiak Island Borough will revert to a manager plan of government
on October 19, 1998; and
WHEREAS, the governing body shall enact provisions for the reorganization of the
municipal executive and administrative functions;
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 Kodiak Island Borough Code of Ordinances.
Section 2: Title 4 Service Areas of the Kodiak Island Borough Code of Ordinances
is amended as follows:
4.05.030 Initiation by petition.
C. The clerk shall refer a sufficient petition to the [mayor]manager, who shall prepare and
submit to the assembly an ordinance effecting the proposed action.
4.05.050 Standards for assembly action.
B. No lot, tract or parcel shall be in more than one (1) service area of like service provided.
Kodiak Island Borough, Alaska
SERVICE AREA BOARDS [OF-SUPERVISORS]
4.15.010 Boards established. There shall be a board [of-supervisors] for each service area to
supervise the furnishing of =special services in a service area The board [of shall
have the powers and duties prescribed in chapter 4.20 of this title.
4.15.020 Composition, appointment, election, qualifications. A board [ ] shall
consist of three (3) members, or more, as the assembly may determine by ordinance. The initial
Ordinance No. 98 -04
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members of the board shall be appointed by the assembly to serve until the expiration of their
terms as set forth in section 4.15.030 of this chapter. Thereafter, members of the board [of
supervisors] shall be elected by the qualified voters within the service area at a regular election.
Vacancies shall be filled by the candidate(s) receiving the highest number of votes cast for each
seat. Each board member shall be qualified to vote within the borough and shall be a resident of
the service area.
4.20 015 :F The assembly may levy or authorize the levying of taxes, charges
assessments " in a service area to finance the special services. If the assembly authorizes the
levying, of taxes charges, or assessments, the rate of taxation and the issuance of bonds are
subject to assembly approval.
4.20.020 Authority and duties of [mayor]manager.
A. The [mayer]manager shall provide staff assistance to boards for the developing of
service area work programs and budgets.
B. Except as provided in any procedures adopted under subsection D of this section, the
[mayer]manager shall execute the approved operating budget and capital budget for each service
area, and direct and supervise the administration of all [borough] activities in the service area.
C. In performing the duties in subsection B of this section, the [mayer]manager shall adhere
to the specifications and priorities in each adopted service area work program, subject to the
availability of appropriated funds.
D. The [mayor]manager and a board may adopt, subject to assembly approval, procedures
for the board to participate in developing contract specifications, contractor selection, and
monitoring and supervising contractor performance, for contractors hired by the borough to
perform services under service area budgets.
4.20.030 Authority and duties of boards.
C. A board shall participate in the administration of services in its service area in
accordance with procedures adopted under subsection 4.20.020(D) of this chapter and shall advise
the [mayor]manager and assembly regarding the execution of the work program and budgets for
its service area.
4.40.020 Methods of initiating district. An assessment district may be initiated by:
A. Filing with the clerk [on a form prcscribcd by the mayor] a petition to form the district
signed by the owners of more than one -half ('h) in value of the property to be benefitted by the
proposed improvement; or
4.40.030 Report by [mayor]manager. For every assessment district that is initiated, the
[mayer]mtger shall report to the assembly regarding the need for, the desirable extent of, and
the estimated cost of the proposed improvement. The [mayor]manager shall present the report
to the assembly no later than the time of the public hearing on the proposed improvement.
4.40.070 Assessment roll. After the improvement has been completed, and the costs of the
improvement determined, the [mayor]manager shall prepare an assessment roll for the district.
Kodiak Island Borough, Alaska Ordinance No. 98 -04
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The roll shall describe the properties to be assessed and name their owners in accordance with the
current records of the assessor, and state the amount assessed against each property.
EXCAVATION IN BOROUGH ROADS
4.45.010 Construction, repair, maintenance, and excavation in public streets.
B. Application for such permit shall be made to the resource management officer, or [his]
authorized representative, on forms prescribed [by-him], and shall:
D. The resource management officer, or [lam] authorized representative, may waive the
requirement to furnish a certificate of insurance if the applicant has a current certificate already
on file with the borough. The insurance requirement may be waived for driveway or access
construction from land abutting a public road unless such construction involves damage to the
existing road surface or foundation. Otherwise, the insurance requirement cannot be waived.
E. No permit shall be issued to any applicant until the applicant has deposited with the
borough cash or a bond in an amount sufficient to accomplish the reconstruction hereafter
required, as determined by the resource management officer or [his] authorized representative.
The borough may, at its discretion, accept other sufficient security for the performance of said
reconstruction. Such security deposit shall be held by the borough until satisfactory completion
of such reconstruction.
4.50.015 Service area exemptions. Parcels abutting state - maintained roads whose only access
is on a state - maintained road and 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 t hat the
parcel receives no benefits from the service shall be made by the [ma or]manager or [his]
designee, and is appealable to the assembly.
4.50.020 [Commission]Board. The Womens Bay service area [eenifftisaienlboard shall consist
of seven (7) members.
4.60.015 Service area exemptions. Parcels abutting state - maintained roads whose only access
is on a state - maintained road and 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 [mayar]manager, or [his]
designee, and is appealable to the assembly.
4.60.020 [Commission]Board. The Monashka Bay road service area [eeffiftlissiertiboard shall
consist of five (5) members.
SERVICE [DISTRIGT]AREA NO. 1
4.70.010 Creation and powers. Service [distriet]area no. 1 is established pursuant to Ordinance
No. 78 -06 -0 and encompasses the area described in that ordinance. Road construction and
Kodiak Island Borough, Alaska Ordinance No. 98 -04
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maintenance powers shall be provided in service [district]a.
4.70.015 Service area exemptions. Parcels abutting state - maintained roads whose only access
is on a state - maintained road and 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]manager, or [hisj
designee, and is appealable to the assembly.
4.70.020 [Commission]Board. The service [distriet]area no. 1 []board shall consist
of seven (7) members.
4.80.020 [Commission] Oar . The fire protection area no. 1 []board shall consist
of five (5) members.
a
no. 1.
4.90.015 Service area exemptions. Parcels abutting state - maintained roads whose only access
is on a state- maintained road and 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]manager, or [his]
designee, and is appealable to the assembly.
4.90.020 [Commission]Board. The Bay View road service area []board shall consist
of five (5) members.
4.100.020 [ ]Board. The Woodland Acres street light service area
[eeissien]board shall consist of three (3) members appointed by the assembly.
4.110.010 Creation and powers.
C. The service area no. 2 [eemmiss-ien]board shall consist of five (5) members appointed
by the assembly.
AIRPORT FIRE PROTECTION ]SERVI E•
4.120.010 Creation and powers. The airport fire protection [distriet]service area is established
pursuant to Ordinance No. 97 -11 -0 and encompasses the area described in that ordinance. Fire
protection shall be provided in the airport fire protection [Bistriet]service area.
4.120.020 Board. The airport fire protection [district ]service area board [ta]shall
consist of five members and shall be appointed by the assembly.
Section 3: Effective date. Section 2 of this ordinance shall become effective to be
in full force and effect at midnight on October 18, 1998.
Kodiak Island Borough, Alaska
Ordinance No. 98 -04
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ATTEST:
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS SIXTEENTH DAY OF APRIL, 1998
onna F. Smith, CMC /AAE, Borough Clerk
KODIAK ISLAND BOROUGH
Jero
Gary`'. Stever" , Presiding Officer
Kodiak Island Borough, Alaska Ordinance No. 98 -04
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