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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />1)? <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />41 <br />42 <br />43 <br />44 <br />45 <br />OPTION 2 Introduced by: Manager Powers <br />Drafted by: Special Projects <br />Introduced on: 12/20/2018 <br />Public Hearing Date: 01/03/2019 <br />Failed on:01/03/2019 <br />KODIAK ISLAND BOROUGH <br />ORDINANCE NO. FY2019-12 <br />AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH CALLING FOR <br />A SPECIAL BY -MAIL ELECTION TO SUBMIT TO THE QUALIFIED VOTERS THE QUESTION <br />OF ABOLISHING THE MISSION LAKE TIDEGATE SERVICE AREA <br />WHEREAS, Ordinance 2002-02 established the Mission Lake Tidegate Service Area to provide <br />construction, operation and maintenance of the Mission Lake tidegate; and <br />WHEREAS, a special by -mail election was held on May 13, 2002 and the establishment of the <br />Mission Lake Tidegate Service Area was submitted to the voters; and <br />WHEREAS, on October 31, 2018, a petition to abolish the Mission Lake Tidegate Service Area <br />was submitted to the Clerk's office and it was found to be inconformity with Kodiak Island Borough <br />Code of Ordinances (KIBC) 4.05.020 and KIBC 4.05.030(A); and <br />WHEREAS, the Mission Lake tidegate is located on an easement across property owned by <br />the Spruce Haven Lot Owner's Association, and is owned by the Mission Lake Tidegate Service <br />Area; and <br />WHEREAS, the Mission Lake tidegate easement is accessible from Spruce Haven Lane, a <br />private road, but is not readily accessible from a public roadway; and <br />WHEREAS, the Kodiak Island Borough lacks authority to accept ownership and maintenance <br />of the Mission Lake tidegate except by adoption of a new power or a determination that it is in the <br />public interest to do so as the exercise of an existing power; and <br />WHEREAS, the voters of the Kodiak Island Borough adopted non-areawide Recreational <br />Facilities powers approving the proposition placed before the voters by Resolution 76-45-R; and <br />WHEREAS, the Assembly finds that the general public frequently makes recreational use of <br />Mission Lake, and therefore finds that acquisition of the Mission Lake tidegate and maintenance <br />of that tidegate is an appropriate exercise of its non-areawide Recreational Facilities powers; and <br />WHEREAS, the Assembly finds that it is in the public interest for the Borough to accept the <br />Mission Lake tidegate on the following conditions: 1) that acceptance of the tidegate is conditioned <br />on the Borough receiving legal road access to the tidegate and an easement for tidegate <br />construction, reconstruction, repair and maintenance; 2) the Borough is not obligated to continue <br />maintenance of the tidegate, and future maintenance repair or reconstruction will be at the <br />Kodiak Island Borough, Alaska <br />Deletion — Red, Strikeout <br />Insertion — Bold, Blue, Underlined <br />Ordinance No. FY2019-12 <br />Page 1 of 3 <br />Version 1 <br />