Chapter 7.08 SERVICE AREAS ESTABLISHED

Chapter 7.08
SERVICE AREAS ESTABLISHED

Sections:

7.08.010 Fire service area No. 1.

7.08.020 Repealed.

7.08.030 Fire service area No. 3.

7.08.040 Repealed.

7.08.050 Historic Dalton Trail road maintenance service area.

7.08.060 Four Winds local improvement district and road maintenance service area.

7.08.070 Twenty-Five Mile Road maintenance service area.

7.08.080 Chilkat State Park road maintenance service area.

7.08.090 Letnikof Estates road maintenance service area.

7.08.100 Riverview Drive road maintenance service area.

7.08.120 Rainbow Acres local improvement district service area.

7.08.130 Townsite service area.

7.08.140 Homestead Subdivision road maintenance service area.

7.08.010 Fire service area No. 1.

A. Establishment of Fire Service Area No. 1. Borough fire service area No. 1 is established with area and boundaries as set forth on a plat. [See Figure 7-1.] The boundaries of fire service area No. 1 are described as that portion of the borough along and accessible from the following roads and outside the townsite service area boundaries:

Area A – All land between the Chilkat River on the west and the 2,000-foot elevation level on the east, starting at the townsite service area boundary and continuing to approximately Mile 15, Haines Highway.

Area B – All land between the townsite service area southern boundary on Mud Bay Road and the east/west line created by the southern boundary of Lot 5, Section 13, T31S, R59E.

Area C – Beginning at the N.W. corner of Section 9, Township 30 South, Range 59 East, C.R.M.; thence due south to the 2,000-foot elevation line; thence along said line in a northerly direction to its intersection with the north boundary line of Section 27, Township 29 South, Range 58 East, C.R.M.; thence due east along said section line to the N.E. corner of Section 30, Township 29 South, Range 59 East, C.R.M.; thence due south along the eastern boundary of said section to its intersection with the mean high tide line of Lutak Inlet; thence along said line in a northerly direction gradually becoming southerly around the northern end of Lutak Inlet to the true point of beginning. (This description contains all property on Lutak Inlet currently owned by Chilkoot Lumber Co.)

Area D – All property on the Chilkat Peninsula south of the existing townsite service area and Fire District #1 boundaries, excluding all property on the east side of Flat Bay (east and south of the Nelson Sub-Division).

The prior maps illustrating the approximate boundaries of fire service areas No. 1, No. 2, No. 3, and No. 4 are repealed and replaced by the map attached to the ordinance codified by this section and labeled as Appendix A. If the mapped boundaries differ in any respect from those in the above narrative text describing the boundaries, the narrative text shall prevail.

B. Services Provided. The services provided within fire service area No. 1 shall be fire protection, prevention, and safety, including, but not limited to, construction of facilities and purchase of real and personal property as required.

C. Board of Directors.

1. The board of directors for fire service area No. 1 shall be composed of five members. Four of the members shall be residents of the service area, of whom one, and only one, shall be a member of the Haines volunteer fire department. The chief of the Haines volunteer fire department shall serve ex officio as the fifth member on the board. The term of office for appointed members shall be two years, except that two members of the first board appointed under this section shall each serve for only one year. All appointments shall be made in accordance with HBC 7.04.080.

2. The board shall recommend to the assembly the annual tax for the residents and conduct any other business necessary to manage the affairs of the service area including annual reports and audits. The assembly shall act promptly on board recommendations.

D. Borough Service Area Tax Levy.

1. The assembly shall levy and collect an annual tax from each property owner within fire service area No. 1, which will be deposited in a special borough service area fund. The borough shall allocate on behalf of the Haines volunteer fire department a sum equivalent to the total taxes levied, no later than October 31st of each year. Delinquent service area taxes shall be collected by the borough in the same manner as other delinquent real property taxes within the borough, as set forth in the code and statutes.

2. Differential taxation is applicable to properties within the fire service area, with the objective of approximating the relationship between cost borne and level of service which can be provided.

3. A differential rate of taxation is applicable at a 25 percent reduction for properties within the fire service area based on a response time greater than 40 minutes. “Response time” is defined as the arrival of a hose from a fire truck to the property as referenced in the pre-fire plan developed by the Haines volunteer fire department. The property owner seeking an exemption shall file a written application to the fire service area board prior to January 1st of the year the exemption will apply. The service area board shall review exemptions periodically.

E. State Revenue Sharing Funds. The borough shall apply for state revenue sharing funds, if available, on behalf of fire service area No. 1. (Ord. 08-02-176; Ord. 07-07-160)

7.08.020 Fire service area No. 2.

Repealed by Ord. 07-07-160.

7.08.030 Fire service area No. 3.

A. Establishment of Fire Service Area No. 3. Borough fire service area No. 3 is established with area and boundaries as set forth on a plat. [See Figure 7-1.] The boundaries of fire service area No. 3 are described as that portion of the borough along and accessible from the following roads:

All land within 2,000 feet of the Haines Highway starting at Mile 15 Haines Highway and including all land within 2,000 feet of the following roads:

Chilkat Lake Road, Mosquito Lake Road, Duckmarsh Road, Porcupine Road, Riverview Drive, Kelsall Road, and any and all subdivision roads within 2,000 feet of the above roads.

B. Services Provided. The services provided within fire service area No. 3 shall be fire protection, prevention, and safety, including, but not limited to, construction of facilities and purchase of real and personal property as required.

C. Board of Directors.

1. The board of directors for fire service area No. 3 is composed of five members. Four of the members shall be residents of the service area, of whom one, and only one, shall be a member of the Klehini Valley fire department. The chief of the Klehini Valley fire department shall serve ex officio as the fifth member. The term of office for appointed members shall be two years, except that two members of the first board appointed under this section shall each serve for only one year. All appointments shall be made in accordance with HBC 7.04.080.

2. The board shall annually approve and present to the assembly a budget for the operation of the Klehini Valley fire department. The board shall conduct any other business necessary to manage the affairs of the service area including annual reports and audits.

3. The chief of the Klehini Valley fire department shall be in charge of the operation of the Klehini Valley fire department and is responsible to the board.

D. Borough Service Area Levy.

1. The assembly shall levy and collect an annual tax from each property owner within fire service area No. 3, which will be deposited in a special borough service area fund. The borough shall pay to the Klehini Valley volunteer fire department a sum equivalent to the total taxes levied, no later than October 31st of each year. Delinquent service area taxes shall be collected by the borough in the same manner as other delinquent real property taxes within the borough, as set forth in the code and statutes.

2. Differential taxation is applicable to properties within the fire service area, with the objective of approximating the relationship between cost borne and level of service which can be provided.

3. Exemptions for up to 50 percent of the fire service area mill rate may be allowed on a case-by-case basis by the fire service area board. The property owner seeking an exemption shall file a written application to the fire service area board prior to January 1st of the year the exemption will apply. The service area board shall review exemptions periodically.

E. State Revenue Sharing Funds. The borough shall apply for state revenue sharing funds, if available, on behalf of fire service area No. 3. (Ord. 08-02-176; Ord. 07-07-160)

7.08.040 Mud Bay fire service area No. 4.

Repealed by Ord. 07-07-160. (Ord. 04-12-090)

7.08.050 Historic Dalton Trail road maintenance service area.

A. Establishment of the Historic Dalton Trail Road Maintenance Service Area. The Historic Dalton Trail road maintenance service area is established with area and boundaries as set forth on a plat. [See Figure 7-1.] The boundaries of the Historic Dalton Trail road maintenance service area are described as follows:

1. All the area within the current boundaries of the Chilkat Lake Road road maintenance service area and the Porcupine Road road maintenance service area as set forth on the attached plat;

2. A portion of Chilkat Lake Road from the intersection of Chilkat Lake and Porcupine Roads to its intersection with the Haines Highway, not including the steel bridge as set forth on the attached;

3. All private property on Chilkat Lake and along its access from the Chilkat Lake boat landing as set forth on the attached plat;

4. All private property along the Dalton Trail from Pyramid Harbor to Chilkat Lake as set forth on the attached plat;

5. All property along the Dalton Trail from Bear Creek to Glacier Creek including the old Porcupine Townsite.

B. Services Provided. The services provided are for the purpose of road and trail maintenance and repair. The service area shall be divided into the following service sub-zones:

1. Sub-zone 1 – Chilkat Lake Road;

2. Sub-zone 2 – Chilkat Lake (including last two miles of Chilkat Lake Road);

3. Sub-zone 3 – Porcupine Road;

4. Sub-zone 4 – Eagle Vista/Corrina Avenue.

C. Board of Directors.

1. The board of directors for the Historic Dalton Trail road maintenance service area is composed of not less than two and no more than five members designated as follows:

a. One director representing Sub-zone 1;

b. One director representing Sub-zone 2;

c. One director representing Sub-zone 3;

d. One director representing Sub-zone 4;

e. One director-at-large.

2. Each term shall be for three years, but the first members shall draw lots for one-, two-, and three-year terms as necessary to accomplish staggered terms. All appointments shall be made in accordance with HBC 7.04.080.

3. The board shall serve to make recommendations to the assembly concerning services in the service area as permitted by statute.

D. Commercial Use. The service area board shall develop a fee schedule for commercial users. These funds shall be used for capital improvements and repairs.

E. Funding.

1. State Revenue Sharing Funds. The borough shall apply for state revenue sharing funds, if available, on behalf of the service area and shall seek funding from other private, federal, and state funding sources.

2. Taxation. Should revenue sharing funds be insufficient for the services provided, the borough shall collect taxes for management of the service area from property owners within the service area based on a yearly budget submitted by the service area board. Revenue raised through taxation for services within a sub-zone (subsection (B) of this section) shall remain dedicated by fund balance for such purposes. (Ord. 08-02-176; Ord. 05-05-108)

7.08.060 Four Winds local improvement district and road maintenance service area.

A. Establishment of the Four Winds Local Improvement District and Road Maintenance Service Area. The Four Winds local improvement district and road maintenance service area is established with area and boundaries as set forth on a plat. [See Figure 7-1.] The boundaries of the Four Winds local improvement district and road maintenance service area are described as:

Four Winds Subdivision.

B. Services Provided. Property owners within the local improvement district service area may petition the assembly for financing of projects such as, but not limited to, power and phone extensions.

C. Board of Directors.

1. The board of directors for the Four Winds local improvement district and road maintenance service area is composed of not less than two and no more than five members and shall serve to make recommendations to the assembly concerning services in the service area as permitted by statute.

2. Each term shall be for three years but the first members shall draw lots for one-, two-, and three-year terms as necessary to accomplish staggered terms. All appointments shall be made in accordance with HBC 7.04.080.

D. State Revenue Sharing Funds. The borough shall apply for revenue sharing funds, if available, for road maintenance from the state of Alaska on behalf of the service area. (Ord. 08-02-176)

7.08.070 Twenty-Five Mile Road maintenance service area.

A. Establishment of the Twenty-Five Mile Road Maintenance Service Area. The Twenty-Five Mile Road maintenance service area is established with area and boundaries as set forth on a plat. [See Figure 7-1.] The boundaries of the Twenty-Five Mile Road maintenance service area are described as follows:

E1/2, SE1/4, NE1/4, SEC. 25, T28S, R55E, CRM and NE1/4, NE1/4, SEC. 25, T28S, R55E, CRM and S1/2, NW1/4, SEC. 30, T28S, R56E, CRM and E1/2, SW1/4, SEC. 30, T28S, R56E, CRM.

B. Services Provided. The services provided are for the purposes of road maintenance.

C. Board of Directors.

1. The board of directors for the Twenty-Five Mile Road maintenance service area is composed of not less than two and no more than five members and shall serve to make recommendations to the assembly concerning services in the service area as permitted by statute.

2. Each term shall be for three years but the first members shall draw lots for one-, two- and three-year terms as necessary to accomplish staggered terms. All appointments shall be made in accordance with HBC 7.04.080.

D. State Revenue Sharing Funds. The borough shall apply for revenue sharing funds, if available, for road maintenance from the state of Alaska on behalf of the local residents of the service area. Should revenue sharing be insufficient for the services provided, the borough shall collect taxes for road maintenance from property owners within the service area based on a yearly budget submitted by the service area board. (Ord. 08-02-176)

7.08.080 Chilkat State Park road maintenance service area.

A. Establishment of Chilkat State Park Road Maintenance Service Area. The Chilkat State Park road maintenance service area is established with area and boundaries as set forth on a plat. [See Figure 7-1.] The boundaries of the Chilkat State Park road maintenance service area are as follows:

Starting at the S.E. Corner of the intersection of Mud Bay Road and Chilkat State Park Access Road; thence along the eastern edge of the Access Road R-O-W due south to the S.W. Corner of Lot 20, Rainbow Acres III Subdivision; thence due east 50 feet; thence in a southerly direction parallel to the eastern edge of the Access Road R-O-W to its intersection with the southern boundary of that portion of Tract E, McRae Subdivision, known as tax lot #_B-MBR-07-110A, thence due west to the western edge of the Access Road R-O-W; thence in a northerly direction to its intersection with Mud Bay Road; thence in a northwesterly direction to the true point of beginning.

If the mapped boundaries differ in any respect from those in the above narrative text describing the boundaries, the narrative text shall prevail.

B. Service Provided. The services provided are for the purpose of providing road maintenance.

C. State Revenue Sharing Funds. The borough shall apply for state revenue sharing funds, if available, on behalf of Chilkat State Park road maintenance service area. In the event revenue sharing is inadequate to perform the service, the service area will not be taxed and may then be abolished. (Ord. 08-02-176)

7.08.090 Letnikof Estates road maintenance service area.

A. Establishment of the Letnikof Estates Road Maintenance Service Area. The Letnikof Estates road maintenance service area is established with area and boundaries as set forth in a plat appended to the ordinance codified by this section as Appendix A and whose boundaries are as follows:

All platted roads within the Letnikof Estates Subdivision and adjoining Lots 1 – 4, Glacier View Subdivision.

B. Services Provided. The services provided are for the purpose of road maintenance.

C. Board of Directors.

1. The board of directors for Letnikof Estates road maintenance service area is composed of not less than two and no more than five members and shall serve to make recommendations to the assembly concerning services in the service area as permitted by statute.

D. State Revenue Sharing Funds. The borough shall apply for state revenue sharing funds, if available, on behalf of the Letnikof Estates road maintenance service area. Should revenue sharing funds be insufficient for the services provided, the borough shall collect taxes for such maintenance from property owners within the service area based on a yearly budget submitted by the service area board. (Ord. 08-02-176)

7.08.100 Riverview Drive road maintenance service area.

A. Establishment of the Riverview Drive Road Maintenance Service Area. The Riverview Drive road maintenance service area is established with area and boundaries as set forth in a plat appended to the ordinance codified by this section as Appendix A and whose boundaries are as follows:

All property adjoining Riverview Drive.

B. Services Provided. The services provided are for the purpose of road maintenance.

C. Board of Directors.

1. The board of directors for Riverview Drive road maintenance service area is composed of not less than two and no more than five members and shall serve to make recommendations to the assembly concerning services in the service area as permitted by statute.

D. State Revenue Sharing Funds. The borough shall apply for state revenue sharing funds, if available, on behalf of the Riverview Drive road maintenance service area. Should revenue sharing funds be insufficient for the services provided, the borough shall collect taxes for such maintenance from property owners within the service area based on a yearly budget submitted by the service area board. (Ord. 08-02-176)

7.08.120 Rainbow Acres local improvement district service area.

A. Establishment of Rainbow Acres Local Improvement District Service Area. Rainbow Acres local improvement district service area is hereby established with the area and boundaries as follows:

Portion Lot 12, Section 30, T31S, R60E.

Lots 1 – 6, Rainbow Acres I Subdivision.

Lots 9, 12, 13, 14, 19, 20, Rainbow Acres II Subdivision.

Rainbow Glacier Camp.

B. Services Provided. The borough shall have the power to fund local improvement projects within the boundaries of this service area. (Ord. 08-02-176)

7.08.130 Townsite service area.

A. Establishment of the Townsite Service Area. The townsite service area is established with the corporate boundaries of the city of Haines at the time of consolidation with the Third Class Haines Borough effective October 17, 2002:

Beginning at the point of intersection of the west line of Section 9, T.30S., R.59E., Copper River Meridian (C.R.M.) and the line of mean high tide of Lutak Inlet; thence northeasterly, across Lutak Inlet to USGS Station “SANKA”; thence southeasterly to USGS Station “TAIYA PT.”; thence southeasterly to “Indian Rock Light,” navigation aid; thence southerly, across Chilkoot Inlet to the point of intersection of the south line of Section 36, T.30S., R.59E., C.R.M., and the line of mean high tide of Chilkoot Inlet; thence southeasterly along the line of mean high tide of Chilkoot Inlet to the point of intersection with the east line of Section 1, T.31S., R.59E., C.R.M.; thence south along the east line of Sections 1 and 12, T.31S., R.59E., C.R.M. to the east one-fourth corner of said Section 12; thence west along the east-west one-fourth corner line of Section 12 and 11, to a point of intersection with the line of mean high tide at the easterly bank of Chilkat Inlet; thence northwesterly, meandering along the said line of mean high tide of Chilkat Inlet into the confluence along the east bank of the Chilkat River thence continuing along the ordinary high water mark of the east bank of said river to a point of intersection with the south line of Section 19, T.30S., R.59E., C.R.M.; thence east along the south line of Sections 19 and 20, T.30S., R.59E., C.R.M. to the southeast corner of said Section 20, T.30S., R.59E., C.R.M.; thence north along the west line of Sections 21, 16, and 9, T.30S., R.59E., C.R.M. to said line’s intersection with the line of mean high tide of Lutak Inlet; the point of beginning; containing 20.9 square miles, more or less, within the Haines and Skagway Recording Districts, First Judicial District, State of Alaska. (Section line locations based upon U.S.G.S. 1:63360 Skagway (A2 and B2), Alaska, dated 1954 with minor revisions in 1963.)

B. Services Provided. The following services are provided within the service area:

1. Police services (exclusive of related dispatch communication services);

2. Fire protection, prevention, and safety, including, but not limited to, construction of facilities, purchase of real and personal property as required, the hiring of firefighters, and the contracting for fire services;

3. Animal control;

4. Public works.

C. Board of Directors. The assembly shall act as the board of directors of the Haines Townsite service area. (Ord. 08-02-176)

7.08.140 Homestead Subdivision road maintenance service area.

A. Establishment of the Homestead Subdivision Road Maintenance Service Area. The Homestead Subdivision road maintenance service area is established with area and boundaries as follows:

All that area in the Homestead Subdivision.

B. Services Provided. The services provided are for the purposes of road maintenance.

C. State Revenue Sharing Funds. The borough shall apply for state revenue sharing funds, if available, on behalf of the Homestead Subdivision road maintenance service area. Should revenue sharing funds be insufficient for the services provided, the borough shall collect taxes for such maintenance from property owners within the service area based on a yearly budget submitted by the service area board.

D. Board of Directors. The board of directors for the Homestead Subdivision road maintenance service area shall be composed of not less than two nor more than five members. All appointments shall be made in accordance with HBC 7.04.080. The board shall serve to make recommendations to the assembly concerning services in the service area as permitted in statute. (Ord. 08-02-176)