DENALI BOROUGH, ALASKA

ORDINANCE NO. 93-04

INTRODUCED BY: William Nemec

AN ORDINANCE REPEALING AND REENACTING ARTICLE XII

OF THE DENALI BOROUGH CHARTER CONCERNING THE

ESTABLISHMENT OF SERVICE AREAS.

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

Section A. Classification. This ordinance is of a general and permanent nature.

Section 1. Article XII of the Charter of the Denali Borough is repealed and reenacted to read:

ARTICLE XII. SERVICE AREAS

Section 12.01 PURPOSE. Service areas may be established in accordance with the provisions of this charter to provide services not provided on a borough-wide basis or to provide a higher level of service than that provided on a borough-wide basis. The entire borough may not be designated a service area.

Section 12.02 ESTABLISHMENT. A service district may be established by petition executed by a majority of the property owners on the date the petition is filed in the proposed service district. The petition must be filed with the Borough Clerk within thirty calendar days of its first circulation. The petition shall state the boundaries of the district, the services to be provided, the nature and extent of the charges to be levied, the manner in which any charges are to be levied, the manner in which any disbursements are to be made, and the enforcement procedures, if any, the Borough may exercise in collecting any levies or providing any service. The petition shall constitute a compact between the petitioners, their successors and assigns and the Borough with respect to the collection and disbursement of all funds and the rights and responsibilities for contracting for, monitoring and overseeing all services to be provided. Within ten days of filing the Borough Clerk shall certify whether or not the petition conforms with these provisions. The compact shall be considered ratified by the Assembly unless the Assembly, within sixty days of the certification of conformity, shall determine by ordinance that the proposed service district constitutes a hazard to the health and welfare of the residents of the Borough.

Section 12.03 AMENDMENT. The terms of the compact may be amended in the same manner as for establishment of a service district.

Section 12.04 TERMINATION. A compact for a service district shall be terminated in the same manner as for establishment, provided, that no Assembly ratification is required for termination of a service district.

Section 12.05 CONTINUATION OF RIGHTS. The Borough may require that any compact for a service district provide adequate security to cover all ongoing contractual obligations with third parties and all amortized costs of service, however, such provisions must be included in the text of the petition and may not be included by reference or implication.

Section 12.06 FINANCING. The Borough may not levy any taxes, assessments or other charges save as expressly stated in the ratified petition. Further, no funds raised by virtue of a compact for a service district may be spent or used for any purposes save those expressly indicated in the petition. Further, the Borough may not charge or offset any amount for handling or accounting for any funds for the service districts.

Section 3. Effective Date. This ordinance becomes effective upon adoption by the Denali Borough Assembly, signature of the Mayor and approval of majority of the voters at the next regular election of the Denali Borough.

DATE INTRODUCED: April 18, 1993

FIRST READING: April 18, 1993

PUBLIC HEARING: July 11, 1993

PASSED and APPROVED by the DENALI BOROUGH ASSEMBLY this ______ day of_________________________, 19___.

____________________________

Mayor

ATTEST: ____________________________

Borough Clerk

Failed 7/11/93