DENALI BOROUGH, ALASKA

ORDINANCE NO. 93-08

INTRODUCED BY: Sid Michaels

AN ORDINANCE PROVIDING THE PROCEDURE FOR THE ESTABLISHMENT OF

SERVICE AREAS IN THE DENALI BOROUGH.

BE IT ENACTED by the Assembly of the Denali Borough, Alaska that:

Section 1. Classification.

This ordinance is of a general and permanent nature.

Section 2. Definition.

A "service area" is an area of the borough designated by ordinance within which the borough provides a governmental service not provided on either an area wide basis or in the area outside cities.

Section 3. Procedure for Forming Service Areas.

Establishment of a service area may be initiated either by the Assembly or by the filing of a petition with the Borough Clerk. No new service area shall be formed if the new area can be served by annexation to an existing service area.

Section 4. Initiation by Petition.

A. A service area may be initiated through a petition to the Borough Clerk containing the signatures of 25% of the owners of real property within the proposed service area. All signatures of property owners must be made and dated within ninety days before submission of the petition to the Borough Clerk.

B. Petitions shall contain:

1.) The signature, resident address, and mailing address of each signator and the date signed;

2.) The name and mailing address of a representative designated by the signatories to receive correspondence on their behalf;

3.) A statement of the services proposed to the signators;

4.) A map and/or legal description of the area to be included within the proposed service area.

C. On receipt of a petition proposing the formation of a service area, the Clerk shall review that petition and determine whether it contains the information required by this section. The Clerk shall certify petitions containing the required information and forward them to the Mayor for further action. Petitions found insufficient shall be returned forthwith to their sponsors.

Section 5. Initiation by the Assembly.

A. A service area may be initiated by resolution of the Assembly provided the Assembly finds the public interest served through formation of a service area. This does not require the circulation of a petition among the property owners in that area as under Section 4.

B. Resolutions initiating service areas under this section shall contain:

1.) Findings required by subsection A;

2.) A statement of services proposed; and

3.) A description of the geographic boundaries of the proposed service area.

Section 6. Review by Mayor.

A. Petitions certified by the Clerk under Section 4 and resolutions of the Assembly authorized by Section 5 shall be referred to the Mayor for analysis and recommendation.

B. On receipt of a certified petition or resolution proposing formation of a service area, the Mayor shall within ninety (90) days compile the relevant information from the following list:

1.) A description of all parcels within the boundary of the service area which can be made certain in property records of the Borough;

2.) The assessed or estimated value of all taxable property within that area, with separate totals for both real and personal property, if relevant to type of funding requested;

3.) The number of persons living within the area;

4.) The estimated cost of the proposed services for the first year expressed in mills and dollar amounts; and

5.) Prepare a service area map showing all parcels, rights-of-way, and easements necessary for provision of services.

C. The Mayor shall also prepare a recommendation of the wisdom of forming the service area as proposed, reflecting his consideration of the feasibility of and public interest served by creation of the proposed service area.

D. Upon completion, the Mayor's analysis and recommendation shall be submitted to the Assembly together with a proposed ordinance calling for submission of the question of formation of the proposed service area to qualified voters of the geographic area at the next regular election or special election called for that purpose.

Section 7. Public Hearing, Notice.

A public hearing shall be held within the proposed service area. The hearing may be held at a location outside the area if no suitable location within the area can be found. Notice of the hearing shall be published in a newspaper of general circulation within the Borough once each week during the fourteen (14) days prior to the hearing. Notice of the hearing shall be mailed to each landowner within the area described on the petition. Notice of the hearing shall be published per Chapter 1, Section 2 of the Denali Borough Municipal Code.

Section 8. Action by Assembly.

A. After notice and public hearing, the Assembly shall consider enactment of the ordinance prepared by the Mayor under Section 6. The Assembly shall make specific findings concerning the feasibility and practicality of providing the services proposed, the public interest served through creation of the proposed service area, and its determination of the area affected, where required by Section 10.

B. This section shall not be construed to limit the Assembly's power to amend, substitute or take other action as allowed by law on the ordinance presented to that body by the Mayor under Section 6.

C. The question of whether a service area initiated by petition or by the Assembly shall be submitted to the voters within the area affected at a special election called for that purpose unless a regular election is scheduled within seventy five (75) days but not sooner than forty five (45) days after enactment of an ordinance submitting the question to the voters.

Section 9. Ballot Proposition.

Ballot propositions submitted to the voters under Section 8 shall contain the following:

A. The question of whether a service area to be known as the service area shall be established to provide services?;

B. A clear description of the geographic area shall be included on the ballot or made available to voters at the precinct polling place;

C. A map depicting the location and boundaries of the proposed service area shall appear on the ballot or be made available to voters at the polling place;

D. The proposed services listed separately with the estimated cost for the first year expressed in mill and dollar amounts; and

E. Such other information as the Assembly by ordinance deems appropriate.

Section 10. Election.

A. Ballot propositions proposing the establishment or abolition of service areas shall be submitted only to the qualified voters residing within the proposed service area or the service area to be abolished.

B. Ballot propositions proposing the annexation of territory to an existing service area shall be submitted only to the qualified voters residing within the area proposed for annexation. If, however, the Assembly finds, based on public testimony and other information received in connection with consideration of an ordinance proposing modification of a service area and the analysis and recommendation of an existing board of commissioners having jurisdiction over the area in question, that the area affected by the proposed annexation includes the existing area, the proposition must be approved by a majority of the voters within each area before it is effective. In determining the area affected by service area modification, the Assembly shall consider its effect on the level of services, the cost of services, and the public policy favoring maximum local self-government through a minimum of local government units.

C. The election shall be held at a location within or as near the service area or proposed service area as practicable in accordance with Borough election codes.

D. The Borough Clerk shall supervise the election in accordance with Chapter 66, Section 1, of the Borough Code of Ordinances, furnish all materials necessary, and employ sufficient election judges.

Section 11. Commencement of Services.

Unless otherwise stated in the ordinance and ballot proposition establishing a service area, provision of municipal services in that area shall commence on July 1st following certification of the election at which establishment of a service area was approved.

Section 12. Establishment of Service Areas - Public Lands.

A. The Assembly may establish a service area by ordinance which may include only vacant, unappropriated, and unreserved land owned by the Borough. The Borough may establish a service area, with the concurrence of the Commissioner of Natural Resources, which may include only vacant, unappropriated, and unreserved land owned by the State and classified for disposal to individuals. The Borough may provide those services in a service area established under this section necessary to develop State or municipal land as required by planning and platting ordinances of the Borough.

B. Provided that formation of service areas authorized by this section is accomplished by ordinance, the provisions of Section 4 through 11 of this ordinance do not apply to formation of those service areas.

Section 13. Service Area Boundaries.

A. Where a boundary of a service area is a section line, the right-of-way, if any, along both sides of the section line is included in the service area. State-maintained roads within described territory of road service areas are excluded.

B. Boundary streets of subdivisions within service areas shall be included within the service area to the extent of the full width of those streets to abutting property lines.

C. The Assembly, by ordinance and after written notice to affected property owners, may alter the boundaries of any service area.

Section 14. Commission, Created, Membership, Appointment, and Qualifications.

Except as otherwise provided, for each service area that is created, there shall be a service area commission consisting of five members. The Assembly may appoint the members from persons nominated by the Borough Mayor, or the Commission members may be elected by Service Area voters. Each member of the commission shall be a qualified voter of the service area. A chairperson and secretary of the commission shall be elected from and by the members.

Section 15. Commission, Oath of Office.

Before assuming office, each commissioner shall take an oath of office in writing to faithfully discharge the duties of his office. The oath shall be filed with the Borough Clerk.

Section 16. Commission, Terms.

Immediately after qualifying, the commissioners first appointed or elected after formation of the area shall assemble and, by lot of drawing, be divided into two classes. If the commission consists of five members, the first class shall be composed of two members and the second class of three members. The members of the first class shall hold office for a period of one year. Their successors and members of the second class shall hold office for the term of two years and until their successors are appointed or elected and qualified. In the event a commission has more that five members, the two classes shall be as nearly equal in number as possible.

Section 17. Commission, Vacancies.

A. If a member of the commission leaves the area with the intent of remaining absent more than ninety (90) days, or fails to attend three consecutive meetings of the commission, the commission may declare that seat vacant. A vacancy is also created by the resignation of a member in writing and accepted by the commission, or by death of a member, or by his/her failure to qualify within thirty days after his appointment.

B. The vacancy is filled by appointment as pursuant to Section 14 of this ordinance. The person appointed holds office until the term of his predecessor expires.

C. The Assembly may, for cause, remove service area commissioners from office.

Section 18. Commission, Meetings, Quorum, Procedure, and Records.

A. The commission shall establish rules of procedure, provided there shall be at least one regular meeting of the commission each quarter. The chairperson at his discretion or a majority of the members are authorized to call special meetings. All meetings shall be open to the public and notice of regular meetings shall be published by the Borough.

B. A majority of the commission shall constitute a quorum for the transaction of business, and the affirmative votes of a majority of those present shall be necessary to carry any question.

C. Permanent records of minutes shall be kept to record the vote of every member on each question. These minutes shall be available for public inspection and one copy filed with the Borough Clerk.

Section 19. Commission, Duties.

The commission shall:

A. On or before March 1st of each year submit a comprehensive budget to the Mayor with an accompanying message and the proposed appropriation and tax levy;

B. On or before March 1st of each year submit a comprehensive plan showing in detail the proposed annual maintenance and proposed annual permanent improvements and how the maintenance and improvement plans conform with the plans preceding and succeeding years;

C. Enter into contracts and agreements on behalf of the Borough for the construction of improvements and performance of services within the service area; provided that any contract or agreement complies with the Borough procurement ordinance. Procedures required by State law must be followed under the direction of the Borough Mayor;

D. Act on behalf of the Borough to supervise and manage the affairs of the service area and to perform such further specific duties as may be, from time to time, delegated to it by the Borough Assembly;

E. Make recommendations to the Assembly regarding the service area as the commission deems proper.

Section 20. Assembly, Duties.

The Assembly of the Denali Borough has full legislative responsibility for all service areas and may review and accept, reject or modify the budget, annual plans, contracts, proposed tax levy or actions of the service area commission.

Section 21. Exemption.

A service area resident may apply to the Assembly for an exemption of a particular service fee by submitting sufficient proof that no benefit is derived from that particular service.

Section 22. Service Area Debt. The service area debt procedure shall be in accordance to AS 29.47.450.

Section 23. Effective Date.

This ordinance becomes effective upon adoption by the Denali Borough Assembly, signature of the Mayor, and approval by a majority vote at the regular election of the Denali Borough to be held on November 2, 1993.

DATE INTRODUCED: July 11, 1993

FIRST READING: July 11, 1993

PUBLIC HEARING: September 12, 1993

PASSED and APPROVED by the DENALI BOROUGH ASSEMBLY this 12th day of September, 1993.

SIGNATURE ON FILE

Mayor

ATTEST: SIGNATURE ON FILE

Borough Clerk