DENALI BOROUGH, ALASKA

ORDINANCE NO. 92-12

INTRODUCED BY: G.W. Mueller

AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF SERVICE AREAS

IN THE DENALI BOROUGH CODE OF ORDINANCES.

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. Procedure for forming service areas.

Establishment of a service area may be initiated either by the introduction of an ordinance or by the filing of a petition with the Borough Mayor.

Section 3. Petition, Contents. The petition shall contain the following:

A. A designation of the service or services proposed to be exercised by the service area;

B. A map and/or a legal description of the area to be included within the proposed service area; and

C. The signatures of the majority of the owners of real property within the proposed service area.

Section 4. Petition, Filing, Review.

The petition shall be reviewed for number and validity of signatures. If a petition contains a sufficient number of valid signatures, it will be accepted. If the petition does not contain a sufficient number of valid signatures, it will be returned to the sponsors who may obtain additional valid signatures or abandon the effort.

Section 5. 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 days prior to the hearing. Notice of the hearing shall be mailed to each landowner within the area described on the petition.

Section 6. Preparation of the proposed service ordinance.

The Borough Mayor shall cause a review to be made of the proposed service area. The review shall include the topics of the proposed powers and boundaries as well as the assessed valuation, the population, and other relevant information. Within thirty days of the public hearing held pursuant to Section 5, the Mayor shall introduce before the Assembly an ordinance to establish the service area and describe its boundaries.

Section 7. Assembly action on the proposed service area.

A. The Assembly shall consider the proposed service area in light of the Mayor's review and recommendations. There shall be a presumption of appropriateness of the proposed boundaries. Should the Assembly make a finding that the proposed boundaries are inappropriate, it shall return the ordinance to the Borough Mayor for further modification and investigation.

B. The ordinance, except as otherwise provided, shall provide for an election to be held in the service area within 75, but not sooner than 45 days after the adoption of the ordinance, to determine whether the service area shall be formed and the specified powers exercised.

Section 8. Election, Notice, Voters, Ballot.

If required, the election shall be held at a location within the service area or as near the service area as practicable in accordance with Borough election code. Qualified voters are Borough voters who are residents of the proposed service area. The ballot shall contain the proposition whether the service shall be exercised, and each service will be separately stated. Should the proposition be defeated at the election, the ordinance is deemed rescinded.

Section 9. Election, Supervision.

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 10. 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 shall appoint the members from persons nominated by the Borough Mayor. Each member of the Commission shall be a qualified voter of the service area. A chairman and secretary of the Commission shall be elected from and by the members.

Section 11. Commission, Oath of Office.

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

Section 12. Commission, Terms.

Immediately after qualifying, the Commissioners first appointed 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 and qualified. In the event a Commission has more than five members, the two classes shall be as nearly equal in number as possible.

Section 13. Commission, Vacancies.

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

B. A vacancy is filled by appointment as pursuant to Section 10 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 14. 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 chairman in 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 Mayor.

Section 15. Commission, Duties. The Commissioners 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 if any contract or agreement exceeds two thousand dollars in value, the prior approval of the Borough Mayor or his designee, must be obtained and those 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 of the Denali Borough;

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

Section 16. 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 17. Alteration of service area boundaries.

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

B. No new service area shall be formed if the new area can be served by annexation to an existing service area.

C. In the event of a proposed annexation to an existing service area, an election in accord with Section 7 through Section 8 shall be held after passage of the annexation ordinance. Only those registered voters residing within the proposed addition may vote. In the event that seventy five percent of the property owners of record within the proposed addition consent in writing to the formation, no election shall be required.

Section 18. 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 19. Effective Date.

This ordinance becomes effective upon adoption by the Denali Borough Assembly and signature of the Mayor.

DATE INTRODUCED: July 12, 1992

FIRST READING: July 12, 1992

PUBLIC HEARING: February 14, 1993

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

____________________________

Mayor

ATTEST: ____________________________

Borough Clerk

FAILED 2/14/93