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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