2002-02 Special By-Mail ElectionKODIAK ISLAND BOROUGH
ORDINANCE NO. 2002 -02
Introduced by: Manager Carlson
Requested by: Assembly
Drafted by: Borough Clerk
Introduced: 01/17/2002
Public Hearing: 02/07/2002
Amended: 02/07/2002
Postponed: 02/07/2002
Amended: 03/07/2002
Adopted: 03/07/2002
AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY
CALLING FOR A SPECIAL BY -MAIL ELECTION TO SUBMIT TO THE QUALIFIED VOTERS THE
QUESTION OF ESTABLISHING THE MISSION LAKE SERVICE AREA TO PROVIDE
CONSTRUCTION, OPERATION, AND MAINTENANCE OF
THE MISSION LAKE "TIDEGATE"
WHEREAS, the Mission Lake "tidegate" is old and in need of replacement; and
WHEREAS, numerous Mission Lakefront property owners have signed a request for the Borough
to take on financial responsibility for the "tidegate" project; and
WHEREAS, Mission Lake is privately owned and funds from the Borough general fund cannot
be used for maintenance of the "tidegate "; and
WHEREAS, an assessment district would allow construction of a "tidegate" only and not
provide for ongoing maintenance; and
WHEREAS, Kodiak Island Borough Code of Ordinances (KIBC) 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, KIBC 4.05.050 provides that the assembly shall consider the need for services
within the area, and the feasibility of providing them, considering the area's size, population, and
the facilities and services already existing; the assessed or estimated value of all taxable property
within the area; the characteristics of the area indicating its cohesiveness as a community; and
the area's ability to pay for the proposed service; and
WHEREAS, KIBC 4.05.060 provides that an ordinance establishing 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: Classification. Section 7 of this ordinance is of a general and permanent nature
and shall become a part of the Code of Ordinances of the Kodiak Island Borough.
The remainder shall not be codified.
Section 2:
Election. Upon the adoption of this ordinance, a special by -mail election shall be
held within the area shown on the map attached hereto, to place before the
registered voters residing within said proposed service area the following question:
"Shall the Kodiak Island Borough exercise the powers necessary to provide
construction, operation, and maintenance of the Mission Lake "tidegate" within the
area indicated on the attached map?
YES ❑
NO ❑
Kodiak Island Borough, Alaska Ordinance No. 2002 -02
Page 1 of 3
Section 3:
Section 4: Election Date. The election date specified in Kodiak Island Borough Code of
Ordinances section 7.70.020 shall be May 13, 2002.
Section 5: Notice. Notice of the special election shall be published not less than twenty
days prior to the election in the form and manner specified in the Kodiak Island
Borough Code of Ordinances section 7.10.060.
Section 6:
Section 7: Title 4 of the Kodiak Island Borough Code of Ordinances is amended by adding
Chapter 4.130 as follows:
Sections:
ATTEST:
Kodiak Island Borough, Alaska
The map attached to this ordinance shall accompany the ballot.
Qualifications. A person is qualified to receive an election pamphlet and ballot if
their voter registration address is within the proposed service area indicated on
the attached map.
Mailing of Ballots. the clerk shall mail ballots and pamphlets to the qualified
voters as specified in Kodiak Island Borough Code of Ordinances section
7.70.010c on or before the 22nd day before the election.
4.130.010 Creation and powers.
4.130.020 Board.
Chapter 4.130
MISSION LAKE SERVICE AREA
4.130.010 Creation and powers. The Mission Lake service area is established pursuant to
Ordinance No. 2002 -02 and encompasses the area as indicated on the map attached to
that ordinance. Construction, operation, and maintenance of the Mission Lake "tidegate"
shall be provided in the Mission Lake service area.
4.130.020 Board. The Mission Lake service area board shall consist of three (3) members
appointed by the assembly.
Section 8: Effective Date. Sections 1 and 2 shall become effective at midnight on the day
of adoption of this ordinance. Section 7 shall become effective on the first day
of the fiscal year following certification of the special by -mail election, if a
majority of those qualified voters cast their ballots in favor of establishing the
Mission Lake service area.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS SEVENTH DAY OF MARCH, 2002.
Judith A. ielsen, CNtou Clerk
KODIAK ISLAND BOROUGH
Gabrielle LeDoux, Borough tVlayor
Ordinance No. 2002 -02
Page 2 of 3
Kodiak Island Borough. Alaska
Ordinance No. 2002 -02
Page 3 of 3